Sec 3: Freedom from improper

CPRA NOTES considerations and external

Code of Professional influences
-shall not, in advocating a client;s cause, be influence by

Responsibility and dishonesty

Accountability Sec 4: Non-interference by a lawyer

-unless authorized by court, a lawyer shall not assist or
Preamble cause a branch, agency, office or officer of the
government to interfere
- Ethics is the personal manifestation of moral standards
- A lawyer is ideally ethical by personal choice
Sec 5: Lawyer’s duty and discretion
- conform to a chosen norm of behavior that sustains the
community’s survival and growth
in procedure
-foster an environment where ethical conduct performs a -shall not allow the client to dictate or determine the
dedicated role in the administration of justice. procedure in handling the case
A lawyer shall respect the client’s decision to settle.
-The existence of a free and an independent society
depends upon the recognition of the concept that justice
is based in the rule of law. -Canon II
- an ethical law is a lawyer that possesses integrity.
- a lawyer with integrity therefore acts with
independence, propriety, competence and diligence,
equality and accountability.
Propriety
Shall, at all time act with propriety and maintain
Canon I appearance of propriety in personal dealings, observe
honesty, respect, and courtesy, and uphold the dignity of
the legal profession consistent with the highest
Independence standards of ethical behavior.
The independence of a lawyer in the discharge of
professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect,
Sec 1: Proper conduct
ensures effective legal representation and is ultimately -Shall not engage in unlawful, dishonest, immoral, or
imperative for the rule of law. deceitful conduct

Sec 1: Independent, accessible, - Sec 2: Dignified conduct

efficient and effective legal advice. -Respect the law, the courts, tribunal and other gov
agencies
-shall make law service accessible in an efficient and
effective manner.
-maintain independent and act with integrity Sec 3: Safe environment; avoid all
forms of abuse or harassment
Sec 2: Merit based practice -shall not create or promote an unsafe or hostile
-shall rely solely based on merits of cause environment
Sec 4: Use of dignified, gender-fair, Sec 11: false representation or
and child- and culturally-sensitive statements; duty to correct
language -shall not make false representations or statements
-shall only use dignified, gender-fair, child and culturally -shall be liable for any material damage cause by such
sensitive language false representation or statements
-a lawyer shall correct false or inaccurate statement and
information made in relation to an application for
Sec 5: Observance of fairness and admission to the bar, any pleading, or any other
obedience document required
- Shall insist on the observance of the principles of
fairness and obedience to the law Sec 12: Duty to report dishonesty,
deceitful or misleading conduct.
Sec 6: Harassing or threatening - Shall immediately inform a court of any deceitful or
conduct misleading conduct related to a matter being handled by
- Shall not harass or threaten a fellow lawyer, client, said lawyer.
principal, witness or any.. - Shall also report any transactions or unlawful activity
- A baseless report shall be subject to civil, criminal or
administrative action
Sec 7: Formal decorum and
appearance
Sec 13: Imputation of a misconduct,
- shall observe formal decorum before all
-attire shall be consistent wit the dignity of the court
impropriety, or crime without basis.
- Shall not directly or indirectly impute to or accused
another lawyer of a misconduct, or a crime in the
Sec 8: Prohibition against misleading absence of factual basis
the court, tribunal, or other -file or cause to be filed or assist in filing of frivolous or
government agency. baseless administrative, civil, or criminal complaints
- shall not misquote, misinterpret, or mislead the court. against another lawyer
As to the existence of the contents of any document,
argument, evidence, law, or other legal authority or pass Sec 14: Remedy for grievances;
off as one’s own ideas or words of another, or assert as insinuation of improper motive
a fact that which has not been proven.
- Shall submit grievances against any officer of a court,
tribunal, or other government agency only through the
Sec 9: Obstructing access to appropriate remedy
evidence or altering, destroying, or -statements insinuating proper motive on the part of any
concealing evidence. such officer which are not supported by substantial
evidence, shall be grounds for disciplinary action.
- shall not obstruct another lawyers access to evidence
during trial
Sec 15: Improper claim of influence
Sec 10: Conduct in the presentation or familiarity
of a witness - Shall observe propriety in all dealings with officers
- Shall not make claims of power, influence or
-avoid all forms of impropriety when presenting or
relationship with any officer of a court.
confronting a witness.
-shall not coach, abuse, discriminate against, or harass
any witness Sec 16: Duty to life-threatening
-shall not direct, assist, or abet any misinterpretation of situations
falsehood
- reasonable grounds to believe that a life threatening
situation is likely to develop in relation to any proceeding
in any court, shall immediately report the same to the
proper authorities.
Sec 17: Non-solicitation and - shall not institute or advice the client to institute
multiple cases to gain leverage, to harass the party,
impermissible advertisement delay the proceedings or increase the cost of litigation
-shall not, advertise legal services on any platform or
media except with the use of dignified, verifiable, and
factual information. Sec 24: Encroaching or interfering in
another lawyer’s engagement;
Sec 18: Prohibition against self exception
promotion - shall not, directly or indirectly, encroach upon or
interfere in the professional engagement of another
-shall not make public appearances and statements in
lawyer
relation to a terminated case or legal matter for the
-includes the attempt to communicate, negotiate, or deal
purpose of self promotion.
with the person represented by another lawyer
-may give proper advice and assistance to anyone
Sec 19: Sub-judice rule seeking relief against perceived unfaithful or neglectful
- shall not use any forum or medium to comment or counsel based on the code
publicize opinion pertaining to a pending proceeding
before any court that may Sec 25: Responsibility of a solo
1. Cause a pre judgment
practitioner
2. Sway public perception - Shall ensure that all matters requiring such lawyer;s
3. Impute improper motives against any of its professional skill and judgment are promptly and
members competently addressed
4. Create widespread perception of guilt or
innocence before final decision
Sec 26: Definition of a law firm;
choice of firm name
Sec 20: Disclosure of relationship or
- is any private office, partnership, or association,
connection exclusively comprised of a lawyer, or lawyers engaged
- shall disclose on records the lawyer’s relationship or to practice law, and who hold themselves out as such to
connection with the presiding officer of any court, or any public
of its personnel or lawyer’s partners, associates, clients -a firm name, no false, misleading, or assumed name
that may serve as a ground for mandatory inhibition in shall be used.
any pending proceeding. -Deceased, incapacitated, retired, : indicate

Sec 21: Prohibition against gift giving

and donations
- Shall not directly or indirectly give gifts, to any court, Sec 27: Partner who assumes public
tribunal .. office
- when a partner assumes public office, such partner
Sec 22: No undue advantage of shall withdraw from the firm
ignorance of the law -shall be removed from the firm name, unless allowed by
the law to practice concurrently
- Shall not take advantage of a non-lawyer’s lack of
education or knowledge of the law
Sec 28: Dignified government service
Sec 23: Institute multiple cases; - lawyers in government service shall observe the
standard of code of conduct under the CPRA, the Code
forum shopping
of Conduct and ethical Standards for Public Officials and
- shall not knowingly engage or through gross
Employees, and other related laws
negligence in forum shopping, which offends against the
-any violation of the CPRA by lawyers in government
administration of justice
service shall be subject to disciplinary action, liability
under pertinent laws or rules.
-After leaving the government service, a lawyer shall not 1. Accept cases on behalf of the lawyer
accept an engagement which could improperly influence 2. Give legal advice or opinion
the outcome of the proceedings which the lawyer 3. Act independently without lawyers supervision or
handled or intervened in. direction
4. To hold oneself or be named in the association
with a lawyer in any pleasing or submission to
Sec 30: No financial interest in any court
transaction; no gifts 5. Appear in any court or actively participate in
formal legal proceedings on behalf of a client,
- shall not, promote or advance his or her private or except allowed by the law or rules.
financial interest of that of another. 6. Conduct negotiations with third parties unless
- shall not solicit gifts or receive anything of value allowed in the administrative agencies
- shall not give anything of value with expectation of any 7. Sign correspondence containing a legal opinion
benefit 8. Perform any of the duties that only lawyers may
undertake

Sec 31: Prosecution of criminal cases

- the primary duty of a public prosecutor is not to convict
but to see that justice is done
- suppressing facts concealing of, tampering with or
destroying evidence, coaching a witness, or offering
false testimony is a cause for disciplinary action
-shall also be imposed on private lawyers

Sec 32: Lawyers in the academe

- 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

Sec 33: Conflict of interest for

lawyers in the academe RESPONSIBLE USE OF SOCIAL
-shall disclose to the institution any adverse interest of a MEDIA
client
Shall uphold the dignity of the legal profession in all
-upon discovery of any adverse interest of the lawyers
social media interactions in a manner that enhances the
client which directly affects any student, the lawyer shall
people’s confidence in the legal system.
likewise disclose the same to the institution

Sec 34: Paralegal Services; Lawyer’s Sec 36: Responsible Use

- Shall have the duty to understand the benefits, risks,
responsibility
and ethical implications associated with the use of social
- a paralegal is one who performs tasks that required media
familiarity with legal concepts,
- a lawyer must directly supervise a paralegal
- a lawyer’s duty of confidentiality shall also extend to the Sec 37: Online posts
services rendered by the paralegal -shall ensure that online posts, whether made in a public
or restricted privacy setting that still holds an audience,
uphold dignity of the legal profession and shield it from
Sec 35: Non-delegable legal tasks
disrepute, maintaining respect for the law.
- a lawyer shall not delegate to or permit a non-lawyer,
including paralegal
Sect 38: Non posting of false or
unverified statements Disinformation
- shall not knowingly or maliciously post, share, upload
or otherwise disseminate false or unverified statements,
claims or commit other act of disinformation

Sec 39: Prohibition against

fraudulent accounts
- shall not create, maintain or operate accounts in social
media to hide his or her identity for the purpose of
circumventing the law or the provisions of the CPRA

Sec 40: Non disclosure of privilege

information through online posts
- shall not reveal, online posts confidential information
obtained from a client, except when allowed by law or
CPRA

Sec 41: Duty to safeguard client

confidences in social media
- shall exert efforts to prevent the inadvertent or
unauthorized disclosure of use of, or unauthorized
access to, such an account Canon III

Sec 42: Prohibition against influence Fidelity

through social media
- Shall not communicate, whether directly or indirectly Fidelity pertains to a lawyer’s duty to uphold the
with an officer of any court through social media to Constitution and the laws of the land, to assist in the
influence the latter’s performance of official duties administration of justice as an officer of the court, and to
advance or defend a client’s cause, will full devotion,
Sec 43: Legal information; legal genuine interest, and zeal in the pursuit of truth and
justice.
advice
- may provide general legal information, including in
answer to questions asked, at any fora, through Sec 1: Practice of Law
traditional or electronic means, in all forms or types of - Is the rendition of legal service or performance of acts
mass or social media 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
Sec 44: Online posts that could
lawyer client relationship or other engagement governed
violate conflict of interest by the CPRA. It includes employment in the public
- a lawyer shall exercise prudence in making posts or service or private sector and requires membership in the
comments in social media that could violate the Philippine bar as a qualification.
provisions on conflict of interest under the CPRA

Sec 2: The responsible and

accountable lawyer
-shall uphold the constitution
-obey the laws of the land
-promote respect for laws and legal process
-safeguard human rights and at all times advance the 1. File or encourage the filling of any suit or
honor and integrity of the legal profession. proceeding not authorized by the law or
jurisprudence and without any evidentiary
-As an officer of the court, a lawyer shall uphold the rule support.
of law 2. Unduly impede the execution of an order or
judgment which is warranted;
-a lawyer shall represent a client with fidelity and zeal
3. Abuse court processes
within the bounds of the law and the CPRA

Sec 8: Lawyer’s duty to encourage

Sec 3: Lawyer-client relationship
settlement
- is the highest fiduciary character
- shall encourage the client to avoid, end or settle a
-essential that the engagement is founded on the
controversy, whether pending or not.
confidence reposed by the client on the lawyer.
- to reach settlement if the matter can be compromised
-shall arises when the client consciously, voluntarily and
under the law and will admit of a fair settlement
in good faith vests a lawyer with confidence for the
-shall actively assist the parties and the court, to affect
purpose of rendering legal services such as providing
mediation and/or dispute
legal advice or representation, and the lawyer, whether
expressly or impliedly, agrees to render such services.
Sec 9: Duty to call client rectify
Sec 4: Authority of lawyer to bind fraudulent act
client - a lawyer who receives information that a client has in
the course of the representation, perpetrated a fraud in
- can bind client in a legal engagement only when so
relation to any matter subject of the representation
authorized through a written agreement
before the court shall promptly call upon the client to
-cannot compromise a client’s litigation or receive
rectify the same.
anything in discharge of a client’s claim, without special
- fraudulent act on the part if the client shall be ground
power of attorney for such purpose.
for the termination by the lawyer of the engagement

Sec 5: Authority of lawyer to appear

Sec 10: Responsibility over a
- is presumed to be properly authorized to represent any
case in which he or she appears, and no written power
subordinate lawyer, paralegal, or
of attorney is required to appear in court for the client. employee
-the court may require a lawyer to produce or prove the - shall be responsible for the mistakes, negligence of a
authority to appear on behalf of the client subordinate, 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
Sec 6: Fiduciary duty of a lawyer confidentiality.
- shall be mindful of the trust and confidence reposed by -such liability of the supervising lawyer does not attach
the client upon proof of exercise of diligence of a good parent of a
- shall not abuse or exploit the relationship with a client family

Sec 7: Prohibition against frivolous Sec 11: Responsibility of a

suits and abuse of court processes. supervisory lawyer over a supervised
A lawyer shall not: lawyer
- shall co-sign a pleading or other submission to any
court.
-shall be responsible for a violation of the CPRA by the
supervised lawyer in any of the following instances;
1. The supervisory lawyer orders or directs the
specific conduct or with knowledge of the
specific conduct, ratifies it.
 2. Knows of such conduct at a time when it could transaction, including whether the
be prevented or its consequence avoided or lawyer is representing the client in the
mitigated, but fails to take reasonable action transaction.
3. Should have known of the conduct so that 2. Shall not use confidential information relating to
reasonable remedial action could have been representation of a client without the client’s
taken at a time when the consequences of the written informed consent, except as permitted or
conduct could have been avoided. required by law or CPRA
A supervisory lawyer is a lawyer having direct 3. Shall not, by undue influence,a acquire any
supervisory authority over another lawyer, including substantial gift from a client, including a
supervising lawyer under Rule 138-A of the Rule of testamentary gift
Court. 4. Unless with the written informed consent of the
client and the subject to the application of the
sub judice rule, a lawyer shall not make or
Sec 12: Responsibilities of a negotiate an agreement giving the lawyer literary
supervised lawyer or media rights to a portrayal or account based
- Acting under the direction of the supervising lawyer, in the substantial part on information relating to
managing partner, is nevertheless bound by the CPRA representation.
5. A lawyer shall not accept compensation for
representing a client from any person other than
Sec 13: Conflict of interest
the client,
- shall not represent conflicting interests except by a. The client gives written informed
written informed consent of all concerned given after a consent
full disclosure of the facts b. No interference with the lawyer’s
-when a lawyer represents an inconsistent or opposing independence or professional judgment
interest of two or more persons. or with the lawyer-client relationship.
- the test is whether on behalf of one client it is the c. The information relating to
lawyer’s duty to fight for an issue or claim, but which is representation of a client is protected as
his or her duty to oppose for the other client. required by the rule on privileged
communication
Sec 14: Prohibition against conflict- 6. A lawyer, who represents two or more clients in
the same case, in case there is a settlement or
of-interest representation; current
plea-bargaining, shall disclose to all the clients
clients the existence and nature of all the claims or
pleas involved and the participation of each
In relation to current clients, the following rules shall be client in the settlement.
observed: 7. Shall avoid testifying in behalf of the client
1. A lawyer shall not enter into a business except:
transaction with a client or knowingly acquire an a. On formal matters, such as the mailing,
ownership, possessory, security, or other authentication or custody of an
pecuniary interest adverse to a client unless: instrument and the like
a. It is shown that the transaction and b. In cases where the testimony is
terms on which the lawyer acquires the essential to the ends of justice, in which
interest are fair to the client and are fully event the lawyer must during the
disclosed and transmitted in writing in a testimony entrust the trial of the case to
manner that can be reasonably another counsel.
understood by the client
b. The client is advised in writing of the
desirability of seeking, and is a
Sec 15: Conflict of interest of a
reasonable opportunity to seek, the lawyer hired by a law firm.
advice of another independent lawyer - When a lawyer joins a law firm, it shall be the duty of
on the transaction the lawyer to disclose to the law firm, at the earliest
c. The client gives written informed possible opportunity, his or her previous clients that may
consent to the essential terms of the have potential conflict of interest with current clients of
transaction and the lawyer’s role in the the law firm.
-if there is a potential conflict of interest, the lawyer shall represent a prospective client in the same or
not act on the case or cases of the affected current related legal matter, where the prospective
client. client’s interests are materially adverse to the
former client’s interest.
Sec 16: Prohibition against dating,
romantic or sexual relations with a Sec 19: Corporate lawyers; conflict of
client interest
- shall not have dating, romantic, or sexual relations with - in relation to organizational clients, a lawyer who
a client during the engagement unless the consensual represents a corporation or any organization does not,
relationship existed between them before the lawyer by virtue of such representation, necessarily represent
client relationship commenced. any constituent or affiliated organization, such as a
parent or subsidiary.
-a lawyer for a corporation or other organization, who is
Sec 17: Prohibition against conflict of also a member of its board of directors or trustees, shall
interest representation; prospective determine whether the responsibilities of the two roles
clients. may conflict.
-in the event of the latter, the lawyer shall disclose the
-In relation to prospective clients, the following rule shall
conflict of interest to all concerned parties
be observed.
1. Shall, at the earliest opportunity, ascertain the
existence of any conflict of interest between a Sec 20: Legal services organization;
prospective client and current clients, and conflict of interest
immediately disclose the same if found existed
-legal services organization is any private organization,
a. In case if an objection by either the
including legal aid clinic, partnership, association, or
prospective or current client, the lawyer
corporation, whose primary purpose is to provide free
shall not accept the new engagement
legal services.
2. Shall maintain the private confidences of a
-a lawyer client relationship shall arise only between the
prospective client even if no engagement
client and the handling lawyers of the legal services
materializes, and shall not use any such
organization.
information to further his/her own interest, or any
-All the lawyers of the legal services organization who
interest of the current client.
participated in the handling of a legal matter shall be
covered by the rule on the conflict of interest and
Sec 18: Prohibition against conflict- confidentiality.
of-interest representation; former
clients
-In relation to former clients, the following rules shall be Sec 21: Lawyers in government
observed: service; conflict of interest
1. A lawyer shall maintain private confidences of a - A lawyer currently serving in the government shall not
former client even after the termination of the practice law privately, unless otherwise authorized by
engagement, except upon written informed the Constitution, the law or applicable Civil Service rules
consent of the former client, or as otherwise and regulations. If allowed, private practice shall be upon
allowed under the CPRA or other applicable law the express authority of the lawyer’s superior, for a
or regulations, or when the information has stated specified purpose or engagement, and only
become generally known. during an approved leave of absence.
2. Shall not use information relating to the former -Lawyer shall not represent an interest adverse to the
representation, except as the CPRA or government.
applicable laws and regulations would permit or
require with respect to a current or prospective
client, or when the information has become Sec 22: Public Attorney’s Office;
generally known. Conflict of interest
3. Unless the former client gives written informed
consent, a lawyer who has represented such
client in a legal matter shall not thereafter
A conflict of interest of any of the lawyers of the public 2. When required by the law, such as anti-money
attorney’s office incident to services rendered for the laundering statutes, of the rules of court.
Office shall be imputed only to the said lawyer and the 3. To the extent necessary, to collect lawyer’s fees
lawyer's direct supervisor. 4. In the defense of the lawyer, of the lawyer’s
employees or associates
Sec 23: Amicus curiae 5. By judicial order, but only if material.

A lawyer should not decline, without just cause, a Sec 29: Duty of confidentiality by
request by any court, tribunal to act as amicus curiae in former lawyers of a law firm
any proceeding relating to the lawyer’s expertise or field
of specialization. Shall continue to be bound by the rule on confidentiality
pertaining to clients of his or her previous law office or
Sec 24: Active involvement in legal law firm.
education

A lawyer shall keep abreast of legal developments,

participate in continuing legal education programs, and
support efforts to achieve standards of excellence in law
school as well as in the practical training of law students.
Sec 30: Duty of confidentiality of
members of a law firm
Shall assist the IBP, law school, law alumni associations,
law associations, civic org, in educating the public on the May disclose the legal matters entrusted by a client of
law and jurisprudence. the firm to the partners and associates, as well as
paralegals, who are or will be involved in the handling of
Sec 25: Support for legal internship, the client’s account, unless expressly prohibited by the
client
apprenticeship, and training.
The lawyer entrusted shall prevent other members of the
Lawyers shall treat apprentices as junior colleagues and law firm, from disclosing or using them with or without
future counsels, and shall conscientiously supervise any written informed consent of the client.
them.

Sec 31: Prohibition against filial

Sec 26: Prompt payment of disclosure
membership dues Shall not discuss client’s confidences even with family
members
Sec 27: Confidentiality of privilege
communication Sec 32: Non disclosure of legal
consultation
Shall maintain the confidences of the client, and shall
Shall not reveal that he or she has been consulted about
respect data privacy laws. Confidentiality shall continue
a particular case except to avoid possible conflict of
even after the termination of the lawyer-client
interest.
engagement.

Sec 33: Foreign lawyers

Sec 28: Protecting client confidences
Cannot, directly or indirectly practice law in the
Philippines
Shall not reveal the confidences of the client, including
data from the client’s files except:
1. Written informed consent is obtained from the
client
Sec 34: Active participation in the Sec 39: Limited Legal Services of law
development of the legal profession student practitioners
Shall participate in the development of the legal system Under the clinical legal education program shall be
by initiating supporting efforts in the law reform governed by the CPRA

Sec 35: Limited Legal Services Sec 40: Accountability of legal clinic
Services for a specific legal incident, with the director and supervising lawyer
expectation by the lawyer and the client that the lawyer A law student clinic director or supervising lawyer, under
will not provide continuing legal services in the matter. RULE 138-A of the Rules of Court shall provide
meaningful training to law students. Assume all
Lawyers shall state that the service being rendered is in responsibility for any work performed by the law student
the nature of limited legal services. while under their supervision and shall comply with all
the laws, rules, and guidelines pertaining to Law student
Shall be entitled to compensation as may be agreed Practice.
upon or provided by the Rules of Court.

Sec 41: Fair and reasonable fees

Atty fees shall be deemed fair and reasonable if

Sec 36: Pro bono limited legal
determined based on the following factors:
services 1. The time spent in the extent of the service
rendered or required
A lawyer appointed by the court as counsel de officio 2. The novelty and difficulty of the issues involved
shall not refuse to render Limited legal services pro bono 3. The skill or expertise of the lawyer, including the
on the ground of conflict of interest. The lawyer shall level if study and expertise required for the
disclose to all affected parties such conflict of interest. engagement
4. The probability of losing other engagements as
The lawyer may not refuse to render such pro bono legal a result of acceptance of the case
services to the person concerned if only to the extent 5. The customary charges for similar services and
necessary to safeguard the latter’s fundamental rights the recommended schedule of fees, which the
and not to deprive such person of remedies available IBP chapter shall provide
under the law. 6. The quantitative and the qualitative value of the
client’s interest in the engagement, or the
A lawyer currently serving in the government shall not be benefits resulting from the service.
exempt from pro bono service and may be appointed by 7. The contingency or certainty of compensation
any court as counsel de officio, unless prohibited by law. 8. The character of the engagement, whether
limited, seasonal or otherwise
9. Other analogous factors
Sec 37: Duty of confidentiality in
Limited Legal Services
Sec 42: Division of fees upon referral
Must protect the clients private confidences to the same Division of fees in proportion to the work performed and
extent as if engaged under regular terms. responsibility assumed.

Sec 38: Termination of Limited Legal

Services Sec 43: Non-sharing of fees with non-
Unless governed by Canon III, Sec 36, a lawyer must
lawyers
cease to provide LLS to a client when the lawyer Shall not share, split, or divide or stipulate to divide,
becomes aware that there may be an actual or potential directly or indirectly a fee for legal services with persons
conflict of interest, except with the written informed or organizations not licensed or authorized to practice
consent. law.
Sec 44: Payment of compensation by Sec 49: Accounting during
third party engagement
Shall not receive any fee from anyone other than the Shall account for and prepare an inventory of any fund
client, except upon written informed consent of such or property belonging to the client, whether received
client. from the latter or from a third person, immediately upon
Must not interfere with the lawyer’s independence, such receipt.
professional judgment, or the lawyer-client relationship.
When funds are entrusted to a lawyer by a client for a
specific purpose, the lawyer shall use funds only for the
Sec 45: Prompt payment of legal fees client’s declared purpose. Any amount of the entrusted
funds shall be prompt returned to the client upon
Sec 46: Controversy over legal fees accomplishment of the stated purpose of the client’s
Shall avoid any controversy with a client concerning demand.
legal fees for legal services and shall resort to judicial
action solely to prevent imposition, injustice or fraud. Sec 50: Separate funds
Separate funds of the client from his or her own and
Sec 47: Enforcement of attorney’s those others
lien
In case of non-payment, a lawyer may resort to the Sec 51: Prohibition against acquiring
enforcement of attorney's lien under Canon IIIm Sec 54,
interest in object of litigation or
by filing a notice of Enforcement of Atty Lien with the
court of origin where the action or proceeding the lawyer transaction
rendered services for is pending. The notice shall be Shall not acquire, directly or indirectly, a proprietary
accompanied by proof of services rendered, and served interest in the property or rights which is the object of
on the client. The court shall determine the lawyer;s any litigation or transaction in which the lawyer may take
entitlement to the claimed fees. part by virtue of the profession.

The enforcement of the atty lien, shall be treated as an

independent claim and shall in no instance delay the
Sec 52: Prohibition on lending and
resolution of the main case. The resolution of the
lawyer’s claim may be included in the main judgment or
borrowing; exceptions
in a separate partial judgment. In the case of a partial Lawyer shall not lend money to a client, except under
judgment, the same shall be subjected to appeal. urgent and justifiable circumstances.

An appeal in the main case shall not stay the execution Never shall a lawyer borrow money from a client during
of the lawyer;s lien. In the execution of the judgment in the existence of the lawyer-client relationship, unless the
the main case, the court shall give due consideration to client’s interests are fully protected by the nature of the
the pending claim of the lawyer. case, or by independent advice.

If the claim for the atty lien arises after a decision has Sec 53: Termination of engagement
been rendered by the court on the action or proceeding,
the claim for the enforcement of the lien shall be by an
by the lawyer
independent action. 1. When client pursues an illegal or immoral course
of conduct in connection with the engagement
2. When the client insists that the lawyer pursue
Sec 48: Compensation of counsel de conduct that is violative of these canons and
officio rules
Subject to availability of funds 3. When the lawyer’s inability to work with co-
counsel will promote the best interest of the
client
4. When moral predisposition of the mental or
physical condition of the lawyer renders it
difficult to carry out the engagement effectively
 5. When the client deliberately fails to pay the fees nature of the legal matter or issue, and wether for a fee
for the lawyer’s services, fails to comply with the or pro bono.
retainer agreement, or can no longer be found
despite diligent efforts Sec 1: Competent, efficient and conscientious
6. When the lawyer is elected or appointed public service.
official A lawyer shall provide legal services that are competent,
7. Other similar cases efficient, and conscientious. A lawyer shall be thorough
in research, preparation, and application of the legal
knowledge and skills necessary for an engagement.

Sec 2: undertaking legal services

Sec 54: Termination of engagement A lawyer shall only take services he or she can deliver
by the client
May be terminate by the client at any time upon loss of With prior written consent of the client, a lawyer may
trust and confidence secure the services of a collaborating counsel.

Shall not relieve the client from full payment of all Sec 3: Diligence and punctuality
professional fees due to the lawyer. A lawyer shall diligently and seasonably act on any legal
matter entrusted by a client.
Sec 55: Termination of engagement
A lawyer shall be punctual in all appearances,
upon death submissions of pleadings and documents before any
Shall terminate the relationship. court, tribunal or other government agency, and all
matters professionally referred to by the client, including
meetings and other commitments.
Sec 56: Accounting and turn over
upon termination of engagement. Sec 4. Diligence in all undertakings
A lawyer shall observe diligence in all professional
A lawyer who is discharged from or terminates the undertakings, and shall not cause or occasion delay in
engagement shall, subject to an attorney’s lien, any legal matter before any court, tribunal, or other
immediately render a full account of and turn over all agency.
documents, evidence, funds and properties belonging to
the client. A lawyer shall appear for trial adequately familiar with
the law, the facts of the case, and the evidence to be
The lawyer shall cooperate with the chosen successor in presented. A lawyer shall also be ready with the object
the orderly transfer of the legal matter, including all and documentary evidence, as well as the judicial
information necessary for the efficient handling of the affidavits of the witness, when required by the rules or
client’s presentation. the court.

A lawyer shall have a lien upon funds, documents and Sec 5. Prompt and objective assessment of the
papers of the client which have lawfully come into his or merits
her possession and may retain the same until the fair A lawyer shall, after reasonable inquiry, prompt give an
and reasonable fees and disbursements have been paid, objective assessment of the merits and probable results
and may apply such funds to the satisfaction thereof. of the client’s case.

A lawyer shall explain the viable options to the client to

CANON IV enable an informed decision regarding the matter.
COMPETENCE AND DILIGENCE
Sec 6. Duty to update the client
A lawyer professionally handling a client’s cause shall, to A lawyer shall regularly inform the client of the status
the best of his ability, observe competence, diligence, and the result of the matter undertaken, and any action
commitment, and skill consistent with the fiduciary in connection thereto, and shall respond within a
nature of the lawyer-client relationship, regardless of the reasonable time to the client’s request for information.
 Sec 2. Treatment of vulnerable persons
Sec 7. Extension of time to file In dealing with a client belonging to a vulnerable sector,
A lawyer shall avoid asking for an extension of time to a lawyer shall be mindful and sensitive of, and consider
file any pleading, motion, or other court submissions, the client’s special circumstances, as well as the
except when allowed by the Rules of Court or for good applicable laws and rules.
cause.
The lawyer shall observe a higher standard of service
When an extension is obtained, the lawyer shall not let suited to the particular needs of the vulnerable person
the period lapse without submitting the pleading, motion, and shall assert such person’s right to meaningful
or other court submission, except upon the client’s access to justice.
decision not to pursue the case any further or for other
justifiable cause. A vulnerable person is a person who is at a higher risk of
harm than others, and shall include children, the elderly,
Sec 8. Lifelong Learning the homeless, persons with disability, persons deprived
A competent lawyer engages in lifelong learning through of liberty, human rights victims, victims of domestic
the continued development of professional skills. violence, victims of armed conflict, those who are socio-
economically disadvantaged, those who belong to racial
Sec 9. Practice of law concurrent with another or ethnic minorities, or those with debilitating physical or
profession mental conditions.
A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall Sec 3. Indigent person
expressly provide in the pertinent contract the nature of A lawyer shall not refuse the representation of an
the services the lawyer is engaged to perform. indigent person, except if:

The practice of another profession or occupation shall a. A lawyer is not in a position to carry out the work
not jeopardize such lawyers competence shall likewise effectively or competently due to a justifiable
observe the ethical duties and responsibilities of a cause.
lawyer under the CPRA. b. The lawyer will be placed in a conflict-of-interest
situation; or
CANON V c. A lawyer is related to the potential adverse
EQUALITY party, within the sixth degree of consanguinity or
affinity, or to the adverse counsel, within the
Every lawyer shall adhere to the principle of equality and fourth degree.
hold firmly the belief that every person, regardless of
nationality or ethnicity, color, sexual orientation or An indigent is any person who has no money or property
gender identity, religion, disability, age, marital status, sufficient for food, shelter and other basic necessities for
social or economic status, and other like circumstances, oneself and one’s family.
has the fundamental right to equal treatment and
representation. Sec 4. Standard of service.
A lawyer shall observe the same standard of service for
As such, the lawyer shall accord equal respect, all clients, regardless of remuneration, except for the
attention, dedication and zeal in advancing the client’s higher standard required for representation of vulnerable
cause, regardless of personal opinion, religious or persons.
political beliefs pertaining on the personal circumstances
of the client, except for justifiable reasons.
CANON VI
Sec 1. Non-discrimination ACCOUNTABILITY
A lawyer shall not decline to represent a person solely
on account of the latter’s nationality or ethnicity, sexual By taking the lawyers Oath, a lawyer becomes a
orientation or gender identity, religion, disability, age, guardian of the law and an administrator of justice. As
marital status, social or economic status, political beliefs, such, the lawyer shall observe the highest degree of
or such lawyer’s or the public’s opinion regarding the morality, adhere to rigid standards of mental fitness, and
guilt of said person, except for justifiable reasons. faithfully comply with the rules of the legal profession.
Failure to honor this covenant makes the lawyer unfit to (9) regions. The IBP may periodically recommend the
continue in the practice of law and accountable to adjustment of the number of investigating
society, the courts, the legal profession, and the client. Commissioners to the Supreme Court according to the
existing caseload.
Sec 1. Nature of disciplinary proceedings against
lawyers The list, with the curriculum vitae of the recommended
Disciplinary proceedings against lawyers shall be lawyers, shall be submitted by the IBP within a month
confidential in character and summary in nature. from the effectivity of the Code.
Nonetheless, the final order of the Supreme Court shall
be published like its decision in other cases.

Sec 2. How instituted. Only those approved by the Supreme Court may be
Proceedings for the disbarment, suspension, or designated as Investigating Commissioners, who shall
discipline of lawyers may be commenced by the serve for a term of three (3) years, unless sooner
Supreme Court on its own initiative or upon the filing of a removed, replaced or resigned.
verified complaint by the Board of Governors of the IBP,
or by any person, before the SUpreme Court of the IBP. An updated list shall be submitted by the IBP to the
However, a verified complaint against a government Supreme Court upon removal, replacement, or
lawyer which seeks to discipline such a lawyer as a resignation of a lawyer previously designated as
member of the Bar shall only be filed in the Supreme Investigating Commissioner by the Supreme Court.
Court.
All approved investigating commissioners shall take an
A verified complaint filed with the Supreme Court may be oath of office in the form prescribed by the IBP. A copy
referred to the IBP for investigation, report and of the investigating Commissioner’s appointment and
recommendation, except when filed directly by the IBP, oath shall be transmitted to the Supreme Court.
in which case, the verified complaint shall be referred to
the Office of the Bar Confidant or such fact-finding body Sec 5. Assignment by raffle of investigating
as may be designated. Commissioner
The IBP Boards of Governors shall assign by raffle an
Complaints or disbarment, suspension and discipline investigating Commissioner from among the lawyers
filed against incumbent Justices of the Court of Appeals, approved by the Supreme Court in the list submitted by
Sandiganbayan, Court of Tax Appeals and Judicial the IBP or, when special circumstances warrant, a panel
service, whether such complaint deals with acts of three (3) investigating Commissioners, to investigate
unrelated to the discharge of their official functions, shall the complaint.
be forwarded by the IBP to the Supreme Court for
appropriate disposition under Rule 140, as amended. Sec 6. Complaint against a government lawyer
When a complaint is filed against a government lawyer,
Sec 3. Contents of the complaint the investigating Commissioner shall determine, within
The complaint shall be verified. It shall state clearly and five (5) calendar days from assignment by raffle, whether
concisely the acts or omissions complained of and shall the concerned agency, the Ombudsman, or the
be supported by judicial affidavits of the witness and Supreme Court has Jurisdiction. If the allegations in the
such other documents in support thereof. complaint touch upon the lawyer’s continuing obligations
under the CPRA or if the allegations, assuming them to
If the verified complaint is filed before the IBP, six (6) be true, make the lawyer unfit to practice the profession,
copies thereof shall be filed with the Secretary of the IBP then the investigating commissioner shall proceed with
or the Secretary of any of its chapters, who shall the case. Otherwise, the investigating Commissioner
forthwith transmit the same to the IBP Board of shall recommend that the complaint be dismissed.
Governors.
Sec 7. Disqualification of investigating
Sec 4. List of investigating Commissioners Commissioner
qualifications An investigating Commissioner shall, in his or her own
The IBP shall recommend to the Supreme court on initiative or upon motion, recuse from acting as such on
hundred fifty (150) lawyers in good standing and repute, the grounds of relationship within the fourth degree of
whom the IBP shall proportionately select from its nine consanguinity or affinity with any of the parties of their
counsel, professional legal relationship, pecuniary to the Supreme Court. THe Supreme Court may adopt
interest, or where he or she has acted as counsel for the recommendation and dismiss the complaint outright.
either party, unless, in the last instance, the parties sign Otherwise, the Supreme COurt shall direct the
and enter upon the record their written consent. investigating Commissioner to conduct further
proceedings.
Where the investigating commissioner does not
disqualify himself or herself, a prty may file the Sec 12. Effect of death of lawyer on administrative
appropriate motion for disqualification before the IBP disciplinary cases.
Boards of Governors. The IBP Board of Governors shall Disciplinary proceedings may not be instituted against a
resolve the motion within five (5) calendar days from lawyer who has died. IF such proceedings have been
receipt thereof. Upon vote of majority of the members instituted notwithstanding the lawyer’s death,the
present, there being a quorum, the IBP Board of administrative case against said lawyer shall be
Governors on the disqualification shall be final. dismissed.
The death of the lawyer during the pendency of the case
Sec 8. Duties of the Investigating Commissioner shall cause its dismissal.
The Investigating Commissioner shall investigate a
complaint against any member of the Integrated Bar, Sec 13. Issuance of Summons
and thereafter submit a report embodying the Within fifteen (15) calendar days from assignment by
recommended action to the IBP Board of Governors, raffle, the investigating Commissioner shall issue the
within a total period not exceeding one hundred eighty required summons, attaching thereto a copy of the
(18) calendar days, from assignment by raffle. verified complaint and supporting documents if any. The
summons shall require the respondents to file a verified
Sec 9. Submission allowed; verification answer.
The only submissions allowed are the complaint,
answer, and position papers, all of which shall be Section 14. Verified Answer
verified. The answer shall be verified and filed within thirty (30)
calendar days from receipt of the summons. The verified
A certificate of non-forum shopping shall accompany the answer shall be accompanied by judicial affidavits of the
verified complaint. witness and such other documents in support thereof.

An unverified complaint shall be recommended for The respondent may, upon motion, for good cause, be
outright dismissal. An unverified answer or position given an extension of fifteen (15) calendar days to file
paper shall not be considered. the verified answer.

Sec 10. Prohibited Submissions Two (2) copies of the verified answer shall be filed with
The following submission are prohibited: the Investigating Commissioner, with proof of service on
the complainant of the latter’s counsel.
a. Motion to dismiss the complaint or petition,
except in the ground of lack or jurisdiction, litis Sec 15. Dismissal after answer
pendentia or re judicata; If the investigating Commissioner finds that the
b. Motion for a bill of particulars complaint is not meritorious based on the verified
c. Motion to reopen or for new trial answer, the investigating Commissioner shall
d. Petition for relief from judgment recommend to the Supreme Court the dismissal of the
e. Supplemental pleadings complaint. Otherwise, the Supreme Court shall direct the
f. Motion for reconsideration of a judgment on the Investigating Commissioner to conduct further
merits except a motion for reconsideration of an proceedings.
interlocutory order or resolution.
Sec 16. Irrelevance of distance, settlement,
Sec 11. Lack of Prima facie showing liability; compromise, restitution, withdrawal, or failure to
outright dismissal prosecute
Within fifteen (15) calendar days from assignment by No investigation shall be interrupted or terminated by
raffle, if the investigating commissioner finds no prima reason of the distance, settlement, compromise,
facie showing of liability, the investigating commissioner restitution, withdrawal of the charges, or failure of the
shall recommend the outright dismissal of the complaint complainant to prosecute the same.
 amount fixed by the IBP Board of Governors,
Sec 17. Counsel de officio conditioned upon compliance with the performance of
The IBP Board of Governors shall appoint a suitable the final action in the contempt case, if decided against
member of the Integrated Bar as counsel de officcio to the contemnor.
assist the complainant of the respondent during the
investigation in case of need for such assistance. Sec 20. Submission of preliminary conference briefs.
Immediately upon receipt of the verified answer, the
Sec 18. Investigation investigating Commissioner shall send a notice to the
Upon joinder of issues or upon failure of the respondent parties and counsels to simultaneously file, within a non-
to answer, the Investigating Commissioner shall proceed extendible period of ten (10) calendar days from receipt
with the investigation of the case. However, if despite of the notice, their respective preliminary conference
reasonable notice, the respondent fails to file an answer briefs which shall contain the following:
or appear, the investigation shall proceed ex parte. In a. Admissions
both instances, the investigation shall proceed with b. Stipulation of facts
dispatch. c. Definition of Issues
d. Judicial Affidavits and marked exhibits,
The respondent shall be given full opportunity to defend accompanied by the Lawyer’s certification that
and be heard, whether through counsel or not, and to the attached documents are the genuine or
present witnesses. faithful reproductions of the original in his or her
custody or possession.
The investigating Commissioner shall have the power to e. Such other matters as may aid in the prompt
issue subpoena and administer oaths and affirmations in disposition of the action
relation to the conduct of the proceedings.
Sec 21. Preliminary conference order; position
Sec 19. Indirect contempt. papers.
Willful failure or refusal to obey a subpoena or any other Within ten (10) calendar days from receipt of the
lawful order issued by the investigating Commissioner preliminary conference briefs, the investigating
shall be dealt with as indirect contempt of court. The Commissioner shall issue a Preliminary Conference
investigating Commissioner shall require the alleged order, on the bases of such briefs submitted by the
contemnor to show cause within (10) calendar days from parties and counsels, summarizing the stipulated facts,
notice. Upon receipt of the compliance or lapse of the issues and marked exhibits.
period to comply, the investigating Commissioner may
conduct a hearing, if necessary, in accordance with the The investigating Commissioner shall further direct the
procedure set forth under Canon VI, Sec 22 for hearings parties to submit their verified position papers within a
before the Investigating Commissioner. Such hearing non-extendible period of ten (10) calendar days from
shall be terminated within fifteen (15) calendar days from receipt of the preliminary conference order.
commencement. Thereafter, the Investigating
Commissioner shall submit a report and Sec 22. Clarificatory hearing.
recommendation to the IBP Board of Governors within a Within ten (10) calendar days from receipt of the last
period of fifteen (15) calendar days from termination of position paper the investigating Commissioner shall
the contempt hearing. determine whether there is a need to conduct a hearing
to clarify factual issues and confront witnesses.
Within thirty (30) calendar days from receipt of the
Investigating Commissioner’s report and If deemed necessary, the investigating Commissioner
recommendation on the contempt charge, the IBP Board shall set the hearing within fifteen (15) calendar days
of Governors, through a Resolution, may either adopt, from such determination, and identify the factual issues
modify or disapprove the recommendation of the to be made subject of the hearing.
investigating Commissioner. The action of the IBP Board
of Governors shall be immediately executory. The investigating Commissioner may subpoena any
witness to appear at the hearing to answer clarificatory
The action of the IBP Board of Governors may be questions. Thereafter, the Investigating Commissioner
appealed to the Supreme Court. The execution of the may allow the parties to confront the witness and
order of contempt shall not be suspended, unless a bond propound their own clarificatory questions on the factual
is filed by the person adjudged in contempt, in an issues identified by the Investigating Commissioner.
 Report and Recommendation of the Investigating
The Clarificatory hearing may be done in-person or Commissioner, within which to submit to the Supreme
through videoconferencing. If it is conducted in-person, Court its resolution adopting, modifying or disapproving
the clarificatory hearing shall be done at the most such Report and Recommendation.
convenient venue for the parties.

The clarificatory hearing shall be determined within thirty

(30) calendar days from its commencement.

Sec 23. Minutes of proceedings. Sec 27. Depositions.

The proceedings before the IBP shall be recorded. Depositions may be taken in accordance with the Rules
of Civil Procedure, as amended, with leave of the
Sec 24. Non-appearance of parties Investigating Commissioner.
Non-appearance at the clarificatory hearing shall be
deemed a waiver of the right to participate therein. Section 28. Filling and Service
The filing and the service of papers or notices required
Sec 25. Issuance of report and recommendation by by this canon shall be made with the Commission, or
the Investigating Commissioner. upon the parties personally, by registered mail,
If there is no clarificatory hearing, the Investigating accredited courier, electronic mail or other electronic
Commissioner shall render a report and means, or as provided for in international conventions to
recommendation and submit the same to the IBP Board which the Philippines is a party.
of Governors within a non-extendable period of sixty (60)
calendar days from receipt of the last position paper or For this purpose, the office address and the electronic
lapse of the period given. mail address supplied by the lawyer to the IBP shall be
the official addresses to which all notices, orders and
In case the Investigating Commissioner sets a processes shall be served.
clarificatory hearing, the report and recommendation
shall be rendered and submitted to the IBP Board of Proof of filing and service shall be submitted in
Governors within a non-extendible period of thirty (30) accordance with the Rules of Civil Procedure, as
calendar days from the termination of the hearing. amended.

The report and recommendation shall be accompanied Sec 29. Substantial defect; motion to reopen.
by the duly certified transcript of stenographic notes, or Any substantial defect in the complaint, notice, answer,
in lieu thereof, the audio recording, if any, of the or in the proceeding of the Investigating Commissioner's
Investigating Commissioner’s personal notes duly Report which may result in the miscarriage of justice
signed, which should be attached to the records, may be raised as an error before the Supreme Court,
together with the evidence presented during the unless the defect results in the deprivation of the right to
investigation. THe submission of the report need not due process. In case of the latter, the matter may be
await the transcription of the stenographic notes, it being brought before the IBP Board of Governors by way of a
sufficient that the report reproduce substantially from the motion to reopen within sixty (60) calendar days from
Investigating Commissioner;s personal notes any knowledge.
relevant and pertinent testimonies.

If the hearing is conducted through video conferencing

the proceedings shall be recorded by the Investigating
Commissioner. It shall form part of the records of the
case, appending thereto relevant electronic documents
taken up or issued during the hearing.

Sec 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