Introduction To Legal Ethics

Director of Religious Affairs vs. Bayot74 Phil 749; March 20, 1944

It is highly unethical for an attorney to advertise his talents or skill as a merchantadvertises his wares. Law is a profession and not a trade.

Ledesma vs. ClimacoG.R. No 12815; June 28,1974

Membership in the bar is a privilege burdened with conditions. The law is indeeda profession dedicated to the ideal of service and not a mere trade.

Cui vs. Cui11 SCRA 755; August 31, 1964

“Titulo de Abogado” means not mere possession of the academic degree ofBachelor of Laws but membership in the Bar after due admission thereto,qualifying one for the practice of law. A Bachelor’s degree alone, conferred by alaw school upon completion of certain academic requirements, does not entitle itsholder to exercise the legal profession.

Villegas vs. Legaspi113 SCRA 39; March 25, 1982

“No member of the Batasang Pambansa shall appear as counsel before anycourt without appellate jurisdiction.” The objective of the prohibition, then andnow, is clearly to remove any possibility of undue influence upon theadministration of justice, to eliminate the possible use of office for personal gain,to ensure impartiality in trials and thus preserve the independence of theJudiciary.

Enriquez vs. Gimenez107 Phil 932; April 29, 1960

The provincial fiscal is disqualified to represent in court the municipality if andwhen original jurisdiction of the case involving the municipality is vested in theSupreme Court; when the municipality is a party adverse to the provincialgovernment or to some other municipality in the same province; and when in thecase involving the municipality, he, or his wife, or child, is pecuniarily involved asheir, legatee, creditor or otherwise.Unlike a practicing lawyer who has the right to decline employment, a fiscalcannot refuse the performance of his functions on grounds not provided for bylaw without violating his oath of office, where he swore, among others, "that he

will well and faithfully discharge to the best of his ability the duties of the office orposition upon which he is about to enter.”

Salcedo vs. Hernandez61 Phil 724; August 8, 1935

As a member of the bar and an officer of the Supreme Court, an attorney is dutybound to uphold its dignity and authority and to defend its integrity, not onlybecause it has conferred upon him the high privilege, not a right, of being whathe now is: a priest of justice, but also because in so doing he neither creates norpromotes distrust in the administration of justice, and he prevents anybody fromharboring and encouraging discontent, which in many cases, is the source ofdisorder, thus undermining the foundation on which rests the bulwark calledjudicial power to which those who are aggrieved turn for protection and relief. It is right and plausible that an attorney, in defending the cause and rights of hisclient, should do so with all the fervor and energy of which he is capable, but it isnot, and will never be so for him to exercise said right by resorting to intimidationor proceeding without the propriety and respect which the dignity of the courtsrequire, by reason respect of the courts guarantees the stability of theirinstitution.

Alawi vs. Alauya268 SCRA 628; February 24, 1997

While one who has been admitted to the Shari’a bar, and one who has beenadmitted to the Philippine bar, may both be considered “counselors,” in the sensethat they give counsel or advice in a professional capacity, only the latter is an“attorney.” The title of “attorney” is reserved to those who, having obtained thenecessary degree in the study of law and successfully taken the barexaminations, have been admitted to the integrated bar of the Philippines andremain members thereof in good standing; and it is they only who are authorizedto practice law in this jurisdiction.

Pangan vs. Ramos93 SCRA 87; September 7, 1979

The attorney’s roll or register is the official record containing the names andsignatures of those who are authorized to practice law. A lawyer is not authorizedto use a name other than the one inscribed in the Roll of Attorneys in his practiceof law, otherwise, they are guilty of deception and demonstrate lack of candor indealing with the courts.

Philippine Lawyer’s Association vs. Agrava105 Phil 173; February 16, 1959

Practice of law in the Philippines includes such appearance before the Patent

Office, the representation of applicants, oppositors, and other persons, and theprosecution of their applications for patent, their oppositions thereto or theenforcement of their rights in patent cases. Members of the Philippine Barauthorized by the Supreme Court to practice law, and in good standing, maypractice their profession before the Patent Office, for the reason that much of thebusiness in said office involves the interpretation and determination of the scopeand application of the patent law and other laws involved.

Ui vs. Bonifacio333 SCRA 38; June 8, 2000

The practice of law is a privilege that can be revoked, subject to the mandate ofdue process, once a lawyer violates his oath and the dictates of legal ethics.An applicant must possess good moral character, which is a continuousrequirement to the enjoyment of the privilege of law practice; otherwise, the lossthereof is a ground for the revocation of such privilege.

Deles vs. Aragona27 SCRA 633; March 28, 1969

Lawyers should be allowed great latitude of pertinent comment in the furtheranceof the causes they uphold, and for the felicity of their clients they may bepardoned some infelicities of language.The object of a disbarment proceeding is not so much to punish the individualattorney himself, as to safeguard the administration of justice by protecting thecourt and the public from the misconduct of officers of the court, and to removefrom the profession of law persons whose disregard for their oath of office haveproved them unfit to continue discharging the trust reposed in them as membersof the bar.

Blanza vs. Arcangel21 SCRA 1; September 5, 1967

A lawyer has a more dynamic and positive role in the community than merelycomplying with the minimal technicalities of the statute. As a man of law, he isnecessarily a leader of the community, looked up to as a model citizen; and hisconduct must, perforce, be par excellence, especially so when, as in this case,he volunteers his professional services.

Zoreta vs. Simpliciano443 SCRA 1; November 18, 2004

Notarization is not an empty, meaningless, routinary act—it is invested withsubstantive public interest, such that only those who are qualified or authorizedmay act as notaries public.

The lawyer’ s act of notarizing documents without the requisite commissiontherefor is reprehensible, constituting as it does not only malpractice but also thecrime of falsification of public documents

A-1 Financial Services, Inc. vs. Valerio622 SCRA 616; July 2, 2010

The deliberate failure to pay just debts and the issuance of worthless checksconstitute gross misconduct, for which a lawyer may be sanctioned withsuspension from the practice of law, because a lawyer is expected to maintainnot only legal proficiency but also a high standard of morality, honesty, integrityand fair dealing so that the people’s faith and confidence in the judicial system isensured. A lawyer’s failure to answer the complaint against him and his failure to appear atthe investigation are evidence of his flouting resistance to lawful orders of thecourt and illustrate his despiciency for his oath of office in violation of Section 3,Rule 138 of the Rules of Court.

RE: 2003 Bar Examination Matter No. 1222421 SCRA 703; April 24, 2009

In cases of Disbarment, The Court will take into consideration the applicant’scharacter and standing prior to the disbarment, the nature and character of thecharge/s for which he was disbarred, his conduct subsequent to the disbarmentand the time that has elapsed in between the disbarment and the application forreinstatement.Petitioner’s act in copying the examination questions from Atty. Balgos’ computerwithout the latter’s knowledge and consent, and which questions later turned outto be the bar examinations questions in Mercantile Law in the 2003 BarExaminations, is not at all commendable, and should be sanctioned for undulycompromising the integrity of the bar examinations as well as of the court.

Admission To Practice

In re: Lanuevo66 SCRA 245; August 29, 1975

It should be stressed that once the bar examiner has submitted the correctednotebooks to the Bar Confidant, the same cannot be withdrawn for any purposewhatsoever without prior authority from the Court.

First Lepanto Ceramics, Inc. vs. Court of Appeals237 SCRA 519; March 10, 1994

The right to appeal from decisions or final orders of the BOI under E.O. 226remains and continues to be respected. Circular 1-91 simply transferred thevenue of appeals from decisions of this agency to respondent Court of Appealsand provided a different period of appeal, i.e., fifteen (15) days from notice.

In re: Cunanan94 Phil 534; 1954

The distinction between the functions of the legislative and the judicialdepartments is that it is the province of the legislature to establish rules that shallregulate and govern in matters of transactions occurring subsequent to thelegislative action, while the judiciary determines rights and obligations withreference to transactions that are past or conditions that exist at the time of theexercise of judicial power, and the distinction is a vital one and not subject toalteration or change either by legislative action or by judicial decree. The judiciary cannot consent that its province shall be invaded by either of theother departments of the government.

Kuroda vs. Jalandoni83 Phil 171

The appointment of the two American attorneys is not violative of our nationalsovereignty and tt is only fair and proper that the United States, which hassubmitted the vindication of crimes against her government and her people to atribunal of our nation, should be allowed representation in the trial of those verycrimes.It appearing that Attys. Hussey and Port are aliens and have not been authorizedby the Supreme Court to practice law, they cannot appear as prosecutors in acase pending before the War Crimes Commission.

Omico Mining And Industrial Corporation vs. Vallejos63 SCRA 285; 1975

It is based on sound reasons of public policy, for there is no question that therights, duties, privileges and functions of the office of an attorney-at- law are soinherently incompatible with the high official functions, duties, powers, discretionsand privileges of a judge of the Court of First Instance. This inhibitory rule makesit obligatory upon the judicial officers concerned to give their full time andattention to their judicial duties, prevent them from extending special favors totheir own private interests and assure the public of their impartiality in theperformance of their functions.

People vs. Villanueva14 SCRA 109; 1965

The appearance as counsel on one occasion is not conclusive as determinativeof engagement in the private practice of law. The word private practice of lawimplies that one must have presented himself to be in the active and continuedpractice of the legal profession and that his professional services are available tothe public for a compensation, as a source of his livelihood or in consideration ofhis said services.

Dia-Anonuevo vs. Bercasio68 SCRA 81; 1975

The rule disqualifying a municipal judge from engaging in the practice of lawseeks to avoid the evil of possible use of the power and influence of his office toaffect the outcome of litigation where he is retained as counsel. The practice oflaw is not limited to the conduct of cases in court or participation in courtproceedings but also includes preparation of pleadings or papers in anticipationof litigation, and giving of legal advice to clients or persons needing the same.

De Guzman vs. Visayan Rapid Transit Co.68 Phil 469; 1939

The importance, merits and value of professional services of a lawyer aremeasured not alone by his work taken separately, but by his work taken as awhole. There are services which, when taken separately, may not in themselveshave any noticeable special merit, but when considered in connection with theother works and services of the lawyer to which they are related, acquire anunquestionable value.

Cayetano vs. Monsod201 SCRA 210; 1991

The practice of law is not limited to the conduct of cases or litigation in court; itembraces the preparation of pleadings and other papers incident to actions andspecial proceeding, the management of such actions and proceedings on behalf

of clients before judges and courts, and in addition, conveying. The contentionthat Atty. Monsod does not posses the required qualification of having engaged inthe practice of law for at least ten years is incorrect since Atty. Monsod’s pastwork experience as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislatorof both rich and the poor – verily more than satisfy the constitutional requirementfor the position of COMELEC chairman.

In re: Edillon84 SCRA 554; 1978

To compel a lawyer to be a member of the Integrated Bar is not violative of hisconstitutional freedom to associate. Integration does not make a lawyer amember of any group of which he is not already a member.

Tajan vs. Cusi57 SCRA 154; 1974

An attorney-at-law is an officer of the court in the administration of justice and assuch he is continually accountable to the Court for the manner in which heexercises the privilege which has been granted to him. His admission to thepractice of law is upon the implied condition that his continued enjoyment of theright conferred is dependent upon his remaining a fit and safe person to exerciseit.

Alcala vs. Vera56 SCRA 30; 1974

In failing to inform his clients of the decision in the civil case handled by him, thelawyer failed to exercise such skill, care, and diligence as men of the legalprofession commonly possess and exercise in such matters of professionalemployment. The relationship of lawyer-client being one of confidence, there isever present the need for the client’s being adequately and fully informed andshould not be left in the dark as to the mode and manner in which his interestsare being defended; It is only thus that their faith in counsel may remainunimpaired.

Catimbuhan vs. Cruz126 SCRA 190; 1983

Section 34, Rule 138 of the Rules of Court, clearly provides that in the municipalcourt a party may conduct his litigation in person with the aid of an agentappointed by him for the purpose. If a non-lawyer can appear as defense counselor as friend of the accused in a case before the municipal trial court, with morereason should he be allowed to appear as private prosecutor under thesupervision and control of the trial fiscal.

Hydro Resources Contractors Corp. vs. Paglilauan172 SCRA 199; 1989

A lawyer, like any other professional, may very well be an employee of a privatecorporation or even of the government. It is not unusual for a big corporation tohire a staff of lawyers as its in-house counsel, pay them regular salaries, rankthem in its table of organization, and otherwise treat them like its other officersand employees.

Ramos vs. Rada65 SCRA 179; 1975

Rada has violated the civil service rule prohibiting government employees fromengaging directly in a private business, vocation or profession or beingconnected with any commercial, credit, agricultural or industrial undertakingwithout a written permission from the head of the Department, but, indubitably,his private business connection has not resulted in any prejudice to theGovernment service. Thus, his violation of the rule—the lack of prior permission—is a technical one, and he should be meted no more than the minimumimposable penalty, which is reprimand.

Beltran vs. Abad132 SCRA 452; 1984

Respondent Abad should know that the circumstances which he has narrated donot constitute his admission to the Philippine Bar and the right to practice lawthereafter. He should know that two essential requisites for becoming a lawyerstill had to be performed, namely: his lawyer’s oath to be administered by thisCourt and his signature in the Roll of Attorneys.

Bacaro vs. Pinatacan127 SCRA 218; 1984

One of the indispensable requisites for admission to the Philippine Bar is that theapplicant must be of good moral character. This requirement aims to maintainand uphold the high moral standards and the dignity of the legal profession, andone of the ways of achieving this end is to admit to the practice of this nobleprofession only those persons who are known to be honest and to possess goodmoral character.

Diao vs. Martinez7 SCRA 475; 1963

Passing the bar examination is not the only qualification to become an attorney-at-law, taking the prescribed legal courses in a regular manner is also essential.

In re: Argosino270 SCRA 26; 1997

Every lawyer should at ALL TIMES weigh his actions according to the swornpromises he makes when taking the lawyer’s oath. If all lawyers conductedthemselves strictly according to the lawyer’s oath and the Code of ProfessionalResponsibility, the administration of justice will undoubtedly be faster, fairer andeasier for everyone concerned.

Collantes vs. Renomeron200 SCRA 584; 1981

The lawyer’s oath imposes upon every lawyer the duty to delay no man formoney or malice. The lawyer’s oath is a source of obligations and its violation isa ground for his suspension, disbarment or other disciplinary action.

Lawyer’s Duties To Society

Montecillo vs. Gica60 SCRA 234; 1974

It is the duty of the lawyer to maintain towards the courts a respectful attitude. Asan officer of the court, it is his duty to uphold the dignity and authority of the courtto which he owes fidelity, according to the oath he has taken.

In re: Guttierrez5 SCRA 661; 1962

For the admission of a candidate to the bar the Rules of Court not only prescribea test of academic preparation but require satisfactory testimonials of good moralcharacter. These standards are neither dispensed with nor lowered afteradmission: the lawyer must continue to adhere to them or else incur the risk ofsuspension or removal.

Oronce vs. Court of Appeals298 SCRA 133; 1998

Be that as it may, what is disturbing to the Court is the conduct of her husband,Eduardo Flaminiano, a lawyer whose actuations as an officer of the court shouldbe beyond reproach. Under the Code of Professional Responsibility, he isprohibited from counseling or abetting activities aimed at defiance of the law or atlessening confidence in the legal system.

De Ysasi III vs. NLRC231 SCRA 173; 1994

Once again, we reiterate that the useful function of a lawyer is not only toconduct litigation but to avoid it whenever possible by advising settlement orwithholding suit. He is often called upon less for dramatic forensic exploits thanfor wise counsel in every phase of life. He should be a mediator for concord anda conciliator for compromise, rather than a virtuoso of technicality in the conductof litigation.

Pajares vs. Abad Santos30 SCRA 748; 1974

As we recently said in another case,3 the cooperation of litigants and theirattorneys is needed so that needless clogging of the court dockets withunmeritorious cases may be avoided. There must be more faithful adherence toRule 7, section 5 of the Rules of Court which provides that "the signature of anattorney constitutes a certificate by him that he has read the pleading and that tothe best of his knowledge, information and belief, there is good ground to support

it; and that it is not interposed for delay" and expressly admonishes that "for awillful violation of this rule an attorney may be subjected to disciplinary action."

People vs. Rosqueta55 SCRA 486; 1974

It has been a commendable practice of some members of the bar under suchcircumstances, to be designated as counsel de oficio. They manifest fidelity tothe concept that law is a profession and not a mere trade with those engaged in itbeing motivated solely by the desire to make money.

De Roy vs. Court of Appeals157 SCRA 757; 1989

It is the bounden duty of counsel as lawyer in active law practice to keep abreastof decisions of the Supreme Court particularly where issues have been clarified,consistently reiterated, and published in the advance reports of Supreme Courtdecisions (G. R. s) and in such publications as the Supreme Court ReportsAnnotated (SCRA) and law journals.

Far Eastern Shipping Co. vs. Court of Appeals297 SCRA 30l 1998

More specifically, a lawyer is obliged to observe the rules of procedure and not tomisuse them to defeat the ends of justice. It behooves a lawyer, therefore, toexert every effort and consider it his duty to assist in the speedy and efficientadministration of justice

Jose vs. Court of Appeals70 SCRA 257; 1976

That a prosecuting officer, as the representative of a sovereignty whoseobligation and interest in a criminal prosecution is not that it shall win a case butthat justice shall be done, has the solemn responsibility to assure the public thatwhile guilt shall not escape, innocence shall not suffer.

People vs. Pineda20 SCRA 748; 1967

A prosecuting attorney, by the nature of his office, is under no compulsion to file aparticular criminal information where he is not convinced that he has evidence toprop up the averments thereof, or that the evidence at hand points to a differentconclusion.

People vs. Madera57 SCRA 349; 1974

This is good a time as any to emphasize upon those in charge of the prosecutionof criminal cases that the prosecutor's finest hour is not when he wins a case withthe conviction of the accused. His finest hour is still when, overcoming theadvocate's natural obsession for victory, he stands up before the Court andpleads not for the conviction of the accused but for his acquittal.

Tan vs. Gallardo73 SCRA 306; 1976

Therefore, although the private prosecutors may be permitted to intervene, theyare not in control of the case, and their interests are subordinate to those of thePeople of the Philippines represented by the fiscal.

People vs. Sendaydiego81 SCRA 120; 1978

Private prosecutors may appear in criminal cases “under the direction and controlof the fiscal” and that “the provincial fiscal shall represent the province in anycourt.”

Misamin vs. San Juan72 SCRA 491; 1976

Respondent, in his future actuations as a member of the bar, should refrain fromlaying himself open to such doubts and misgivings as to his fitness not only forthe position occupied by him but also for membership in the bar. He is not worthyof membership in an honorable profession who does not even take care that hishonor remains unsullied.

PCGG vs. Sandiganbayan and MendozaG.R. No 151809-12; April 12, 2005

Matter as any discrete, isolatable act as well as identifiable transaction orconduct involving a particular situation and specific party, and not merely an actof drafting, enforcing or interpreting government or agency procedures,regulations or laws, or briefing abstract principles of law.

Lawyer’s Duties to The Legal Profession

Rivera vs. Angeles339 SCRA 149; 2000

The Supreme Court stresses the importance of integrity and good moralcharacter as part of a lawyer's equipment in the practice of his profession. Thus,acts of deceit and malpractice inexorably diminishes the respect of the litigantsfor the profession.

Ducut, Jr. vs. Villalon, Jr.337 SCRA 622; 2000

Public confidence in law and lawyers may be eroded by the irresponsible andimproper conduct of a member of the Bar.A lawyer may be disciplined or suspended for any misconduct, whether in hisprofessional or private capacity, which shows him to be wanting in moralcharacter, in honesty, in probity and good demeanor.

Tan vs. Sabandal126 SCRA 60; 1993

A successful Bar examinee, without having signed in the Roll of Attorneys andhad taken the Lawyer's Oath, is also subject to the Codes of Professional Ethics.A successful Bar examinee, not yet being admitted in the Bar, who holds himselfout as a lawyer by appearing in courts, is engaged in the unauthorized practice oflaw.

In re: Parazo82 Phil 230; 1948

As the conduct of Bar Examinations and the Legal Profession is imbued withGeneral Interest and National Importance, it is but just that the immunity ofnewspapermen be disregarded as to protecting its sources from investigation asto any anomaly that may be alleged in the conduct of the Bar Examinations.

Pangan vs. Ramos107 SCRA 1; 1981

Being acquitted from a criminal charge will not necessarily result in the dismissalof the immorality charge against a lawyer; also, the persistent use of anothername not appearing in the Roll of Attorneys suggests lack of candor and respectfor the Court.

Nardo vs. Linsangan58 SCRA 85; 1974

Mutual bickering and unjustifiable recriminations, between brother attorneysdetract from the dignity of the legal profession and will not receive any sympathyfrom this court.

Laput vs. Remotigue6 SCRA 45; 1962

The appearance of the second lawyer is not unprofessional, unethical orimproper; the first lawyer’s voluntary withdrawal as counsel and his filing of amotion for the payment of his fees amounted to an acquiescence to theappearance of the second lawyer.

Camacho vs. Pangulayan328 SCRA 631; 2000

A lawyer who fails to communicate with the counsel of the other party of his intentto negotiate with them is an inexcusable violation of the canons of professionalethics, whether by design or oversight.

Robinson vs. Villafuerte18 Phil 121; 1911

There are no legal provisions authorizing a private person to intervene at thehearing of a suit, even though he be a clerk for the attorneys of one of thelitigants, if he does not possess the qualifications of a practicing attorney, and isnot one of the parties interested in the litigation; his intervention was improperlyallowed, even though an attorney acting in place of original counsel was presentat the hearing.

Tan Tek Beng vs. David126 SCRA 389; 1983

The practice of soliciting cases at law for the purpose of gain, either personally orthrough agents or brokers is tantamount to malpractice. It should be kept in mindthat lawyers, subject to the exceptions given by the law, are prohibited fromsharing his legal fees to those who are not in the legal profession.

Director of Religious Affairs vs. Bayot74 Phil 579; 1944

It is highly unethical for an attorney to advertise his talents or skill as a merchantadvertises his wares. Law is a profession not a trade.

Ulep vs. Legal Clinic, Inc.

223 SCRA 378; 1993

Practice of law means any activity, in or out of court, which requires theapplication of law, legal procedures, knowledge, training and experience. Thepractice of giving out legal information constitutes practice of law, and therefore,may not be done by mere "paralegals" but of lawyers.

Lawyer’s Duties To Courts

City Sheriff, Iligan City vs. Fortunado288 SCRA 190; 1998

A lawyer is, first and foremost, an officer of the court. His duties to the court aremore significant than those which he owes to his client. His first duty is not to hisclient but to the administration of justice; to that end, his client's success is whollysubordinate; and his conduct ought to and must always be scrupulouslyobservant of the law and ethics of the profession.

Occena vs. Marquez60 SCRA 38; 1974

The conduct of the lawyer before the court and with other lawyers should becharacterized by candor and fairness. It is neither candid nor fair for a lawyer toknowingly make false allegations in a judicial pleading or to misquote thecontents of a document, the testimony of a witness, the argument of opposingcounsel or the contents of a decision.

Chavez vs. Viola196 SCRA 10; 1991

A lawyer owes honesty and candor to the courts. Courts are entitled to expectonly complete candor and honesty from the lawyers appearing and pleadingbefore them.

Chan Kian vs. Angsin53 SCRA 295; 1972

The Court notes with regret that had the counsels, as officers of the courts, butfaithfully complied with their duty to deal with the courts in truth and candor, andpromptly manifested to the appellate court the above developments, all whichhave made the principal issue at bar moot and academic, this case would thenhave been disposed of and need not have been certified to this Court, and thetime needed by it to devote to the prompt disposition of meritorious cases neednot have been thus dissipated.

Casals vs. Cusi52 SCRA 58; 1973

A lawyer must do his best to honor his oath, as there would be a great detrimentto, if not a failure of the administration of justice if courts could not rely on thesubmissions and representations made by lawyers in the conduct of a case.

COMELEC vs. Noynay292 SCRA 254; 1992

Rule 10.02 of Canon 10 of the Code of Professional Responsibility mandates thata lawyer shall not knowingly misquote or misrepresent the text of a decision orauthority.

Montecillo vs. Gica60 SCRA 234; 1974

As an officer of the court, it is his sworn and moral duty to help build and notdestroy unnecessarily the high esteem and regard towards the court so essentialto the proper administration of justice. It is manifest that del Mar has scantrespect for the two highest Courts of the land when on the flimsy ground ofalleged error in deciding a case, he proceeded to challenge the integrity of bothCourts by claiming that they knowingly rendered unjust judgment.

Surigao Mineral Reservation Board vs. Cloribel31 SCRA 1; 1970

A lawyer is an officer of the courts; he is, like the court itself, an instrument oragency to advance the ends of justice. His duty is to uphold the dignity andauthority of the courts to which he owes fidelity, not to promote distrust in theadministration of justice.

De Gracia vs. Warden of Makati69 SCRA 4; 1976

There was a lapse in judicial propriety by counsel Salvador N. Beltran who didnot even take the trouble of appearing in Court on the very day his own petitionwas reset for hearing, a lapse explicable, it may be assumed, by his comparativeinexperience and paucity of practice before this Tribunal. it suffices to call hisattention to such failing by way of guidance for his future actuations as a memberof the bar.

Buenaseda vs. Flavier226 SCRA 645; 1993

The language of a lawyer, both oral or written, must be respectful and restrainedin keeping with the dignity of the legal profession and with his behavioral attitudetoward his brethren in the profession. Besides, the use of impassioned languagein pleadings, more often than not, creates more heat than light.

Santos vs. Cruz100 SCRA 538; 1980

The Judge was found guilty of conduct unbecoming a judge by utteringintemperate language during the trial of the case and was imposed a penalty offine.

People vs. Taneo284 SCRA 251; 1998

Counsel should be reminded of his duty to observe and maintain respect due thecourts of justice and judicial officers. Arguments, written or oral, should begracious to both the court and opposing counsel and be of such words as may beproperly addressed by one gentleman to another.

Urbina vs. Maceren57 SCRA 403; 1974

A lawyer owes fidelity to the courts as well as to his clients and that the filing onbehalf of disgruntled litigants of unfounded or frivolous charges against inferiorcourt judges and the use of offensive and intemperate language as a means ofharassing

Castaneda vs. Ago65 SCRA 505; 1975

A counsel's assertiveness in espousing with candor and honesty his client'scause must be encouraged and is to be commended; what we do not and cannotcountenance is a lawyer's insistence despite the patent futility of his client'sposition, as in the case at bar.

Austria vs. Masaquel20 SCRA 1247; 1967

The power to punish for contempt of court should be exercised on thepreservative and not on the vindictive principle. Only occasionally should thecourt invoke its inherent power in order to retain that respect without which theadministration of justice must falter or fail. The power to punish for contempt,being drastic and extraordinary in its nature, should not be resorted to unlessnecessary in the interest of justice.

Martelino vs. Alejandro;32 SCRA 106; 1970

Judges must be unduly influenced by publicity. In order to warrant a finding of“prejudicial” publicity, there must be allegation and proof that the judges havebeen unduly influenced, not simply that they might be, by the “barrage” ofpublicity.

Nature And Creation Of Attorney-Client Relationship

Regala vs. SandiganbayanG.R. No. 105938; September 20, 1996

An attorney is more than a mere agent or servant because he possesses specialpowers of trust and confidence reposed on him by his client. Thus, in the creationof lawyer-client relationship, there are rules, ethical conduct and duties thatbreathe life into it, among those, the fiduciary duty to his client which is of a verydelicate, exacting and confidential character, requiring a very high degree offidelity and good faith, that is required by reason of necessity and public interestbased on the hypothesis that abstinence from seeking legal advice in a goodcause is an evil which is fatal to the administration of justice.

Daroy vs. Legaspi65 SCAR 304; 65 SCRA 304; 1975

Money collected by a lawyer in pursuance of a judgment in favor of his clients isheld in trust and must be immediately turned over to them. Section 25, Rule 138of the Rules of Court provides that when an attorney unjustly retains in his handsmoney of his client after it has been demanded, he may be punished forcontempt as an officer of the court who has misbehaved in his officialtransactions and he is liable to a criminal prosecution.

Hilado vs. David84 Phil 569; 1949

To constitute professional employment it is not essential that the client shouldhave employed the attorney professionally on any previous occasion. It is notnecessary that any retainer should have been paid, promised, or charged for;neither is it material that the attorney consulted did not afterward undertake thecase about which the consultation was had. If a person, in respect to hisbusiness affairs or troubles of any kind, consults with his attorney in hisprofessional capacity with the view to obtaining professional advice orassistance, and the attorney voluntarily permits or acquiesces in suchconsultation, then the professional employment must be regarded as established.

Stone vs. Bank of Commerce174 US 412; 1899

An attorney, in his capacity merely as such, has no power to make anyagreement for his client before a suit has been commenced, or before he hasbeen retained to commence one. Before the commencement of a suit, or thegiving of authority to commence one, there is nothing upon which the authority ofan attorney to act for his client can be based.

Guerrero vs. Hernando68 SCRA 76; 1975

The respondent is guilty of misconduct as a notary in making it appear in the juratof a tenancy contract that the affiant exhibited to him a residence certificate whenin fact he did not do so. Such misrepresentation is unquestionably censurableand justifies disciplinary action against the respondent as a member of the barand as a notary public, violating the mandate in his attorney’s oath to “obey thelaws” and “to do no falsehood.

Uy vs. GonzalesA.C. No. 5280; March 30, 2004

As a rule, an attorney-client relationship is said to exist when a lawyer voluntarilypermits or acquiesces with the consultation of a person, who in respect to abusiness or trouble of any kind, consults a lawyer with a view of obtainingprofessional advice or assistance. It is not essential that the client should haveemployed the attorney on any previous occasion or that any retainer should havebeen paid, promised or charged for, neither is it material that the attorneyconsulted did not afterward undertake the case about which the consultation washad, for as long as the advice and assistance of the attorney is sought andreceived, in matters pertinent to his profession.

Rilloraza, et. Al vs. Eastern Telecommunications Phil, Inc.309 SCRA 566; 1999

When a client employs the services of a law firm, he does not employ theservices of the lawyer who is assigned to personally handle the case, but rather,he employs the entire law firm.A lawyer has the right to be paid for the legal services he has extended to hisclient, which compensation must be reasonable.” A lawyer would be entitled toreceive what he merits for his services. Otherwise stated, the amount must bedetermined on a quantum meruit basis.

Government vs. Wagner54 Phil 132; 1929

A person who is made an attorney-in-fact, with the same power and authority todeal with the property which the principals might or could have had if personallypresent, may adopt the usual legal means to accomplish the object, includingacceptance of service and engaging of counsel to preserve the ownership andpossession of the principal's property.

Orbit Transportation vs. WCC

58 SCRA 78; 1974

Members of the bar owe fidelity to the courts as well as to their clients and theymust show faithful adherence to the provisions of Rule 7, section 5 that “thesignature of an attorney constitutes a certificate by him that he has read thepleading and that to the best of his knowledge, information and belief, there isgood ground to support it; and that it is not interposed for delay” with theadmonition therein that “for a willful violation of this rule an attorney may besubjected to disciplinary action.”

Ledesma vs. Climaco57 SCRA 473; 1974

Lawyers have an indispensable role as a member of the Bar in the defense of anaccused. Such a consideration could have sufficed for petitioner not beingallowed to withdraw as counsel de oficio, for he did betray by his moves his lackof enthusiasm for the task entrusted to him; and his appointment as ElectionRegistrar is not a sufficient excuse for said withdrawal.

People vs. Daeng49 SCRA 221; 1973

All courts are cautioned against the frequent appointment of the same attorneyas counsel de oficio for two basic reasons: first, it is unfair to the attorneyconcerned, considering the burden of his regular practice, that he should besaddled with too many de oficio cases; and, second, the compensation providedfor by section 32 of Rule 138 of the Rules of Court (a fixed fee of P500 in capitaloffenses) might be considered by some lawyers as a regular source of income,something which the Rule does not envision.

Gonzales vs. Chavez205 SCRA 816; 1992

The Court clarified that even when "confronted with a situation where onegovernment office takes an adverse position against another government agency,the Solicitor General should not refrain from performing his duty as the lawyer ofthe government. It is incumbent upon him to present to the court what heconsiders would legally uphold the best interest of the government although itmay run counter to a client's position.”

Oparel vs. Abaria40 SCRA 128; 1971

Where the client happens to be poor and unlettered, seeking to enforce what heconsiders his just demands against an employer, it is even more imperative thatmatters be explained to him with all precision and clarity. More than that, no effortshould be spared for him to get fully what he is entitled to under the law. Thesame zeal should characterize a lawyer’s efforts as when he is defending therights of property.

Lawyer’s Duties In Handling Client’s Case

Santiago vs. Fojas248 SCRA 68; 1995

Pressure and large volume of legal work provide no excuse for the respondent'sinability to exercise due diligence in the performance of his duty to file an answer.Every case a lawyer accepts deserves his full attention, diligence, skill, andcompetence, regardless of its importance and whether he accepts it for a fee orfor free.

Cantiller vs. Potenciano180 SCRA 246; 1989

Lawyers should be fair, honest, respectable, above suspicion and beyondreproach in dealing with their clients. The profession is not synonymous with anordinary business proposition since it is a matter of public interest.

Millare vs. Montero246 SCRA 1; 1995

Advocacy, within the bounds of the law, permits the attorney to use any arguableconstruction of the law or rules which is favorable to his client.It is unethical for a lawyer to abuse or wrongfully use the judicial process, like thefiling of dilatory motions, repetitious litigation and frivolous appeals for the solepurpose of frustrating and delaying the execution of a judgment.

Choa vs. Chiongson253 SCRA 371; 1996

As a Member of the Philippine Bar he (the counsel) is bound: (1) by his oath, notto, wittingly or willingly, promote or sue any groundless, false, or unlawful suit norgive aid nor consent to the same; (2) by Section 20(c), Rule 138 of the Rules ofCourt, to counsel or maintain such action or proceedings only as appear to him tobe just; and (3) to uphold the Code of Professional Responsibility. It wasincumbent upon him to give a candid and honest opinion on the merits andprobable results of the complainant’s case with the end in view of promotingrespect for the law and legal processes.

Cosmos Foundry Shop Workers Union vs. Lo Bu63 SCRA 313; 1975

The conduct of denying the facts alleged in a petition is far from commendable. Alawyer should not act like an errand boy at the beck and call of his client, readyand eager to do his every bidding; failure to keep this in mind puts into seriousquestion his good standing in the bar.

Gamalinda vs. Alcantara206 SCRA 468; 1992

A lawyer owes fidelity to the cause of his client and must be mindful of the trustand confidence reposed in him. 13He shall serve his client with competence anddiligence, 14 and his duty of entire devotion to his client's cause not onlyrequires, but entitles him to employ every honorable means to secure for theclient what is justly due him or to present every defense provided by law toenable the latter's cause to succeed.

J. P. Juan & Sons, Inc. vs. Lianga Industries, Inc.28 SCRA 807; 1969

The Rules further require in Rule 7 section 5 that "every pleading of a partyrepresented by an attorney shall be signed by at least one attorney of record inhis individual name" and that "the signature of an attorney constitutes acertificate by him that he has read the pleading and that to the best of hisknowledge, information and belief, there is good ground to support it; and that itis not interposed for delay" with the express admonition that "for a willful violationof this rule, an attorney may be subjected to disciplinary action."

Azor vs. Beltran63 SCRA 210; 1975

Mere assumptions cannot be the basis of any finding against any member of thebar who, as an officer of the court, is presumed to act with utmost decorum andgood faith in all his dealings. This presumption in favor of the lawyer cannot beovercome by mere assumption or imputation without any evidence in support ofthe same.

Visitacion vs. Manit27 SCRA 523; 1969

A lawyer has no right to presume that the court would grant his last hour motionto withdraw as counsel. An attorney seeking to withdraw must make anapplication to the court for the relation does not terminate formally until there is awithdrawal of record.

Cuaresma vs. Daquis63 SCRA 1157; 1975

An attorney must practice utmost care in the preparation of his pleadings to leavethe least doubt as to his intellectual honesty. Every member of the bar shouldrealize that candor in the dealings with the Courts is of the very essence ofhonorable membership in the profession

Vda. De Zubiri vs. Zubiri18 SCRA 1157; 1966

The simultaneous representation, by a lawyer, of opposing parties in a suit isbrazenly unethical and constitutes malpractice which is severely condemned.The Canons of Legal Ethics very explicitly declare that "it is unprofessional torepresent conflicting interests."

Deluao vs. CasteelG.R. No. L-21906; December 4, 1968

The postponement of hearings does not depend upon agreement of the parties,but upon the court's discretion.It was the duty of Atty. Ruiz, or of the other lawyers of record, not excluding theappellant himself, to appear before Judge Fernandez on the scheduled dates ofhearing Parties and their lawyers have no right to presume that their motions forpostponement will be granted.

Heirs of Elias Lorilla vs. Court of Appeals330 SCRA 429; 2000

A client is bound by the conduct, negligence and mistakes of his counsel. Thus,failure of a lawyer to serve notice on the court and the adverse parties regardinghis client's death binds the heirs as much as the client himself could be so bound.

Avelino vs. Palana39 SCRA 129; 1971

In case of non-appearance in a scheduled trial, a lawyer has the duty to providethe court of a good excuse. Also, he has the duty to inform his client in due timeof his non-appearance so as to enable the latter to go to court to ask for thepostponement of the trial, or to look for another lawyer to represent them in court.

Diman vs. Alumbres

229 SCRA 459; 1998

A lawyer is not justified in assuming that the extension of time sought will begranted, or that it will be granted for the length of time suggested by him becauseit is a familiar doctrine that no party has a right to an extension of time to complywith an obligation within the period set therefore by law. Therefore, it isincumbent upon a lawyer to exercise due diligence to inform himself as soon aspossible of the Court's action on his motion, by timely inquiry of the Clerk ofCourt, and should he neglect to do so, he runs the risk of time running out onhim, for which he will have nobody but himself to blame.

Saulog vs. Custombuilt Manufacturing Corp.26 SCRA 1; 1968

Both client and counsel must appear for pre-trial. Failure to appear is a groundfor dismissal.

People vs. Casimiro45 SCRA 554; 1972

The counsel knows that the period for filing the brief was running, thus the Courtexpects that the matter will be taken care of him as he was the counsel of record.He should have informed the Court of the developments set forth in hisexplanation and as that he be allowed to withdraw as counsel.

People vs. Nadera, Jr.324 SCRA 490; 2000

Only faithful performance by counsel of his duty towards his client can givemeaning and substance to the accused right to due process and to be presumedinnocent until proven otherwise.The lawyer has the duty to defend his client and protect his rights, n matter howguilty or evil he perceives him to be.

Nueno vs. Santos58 Phil 557; 1933

Respondent attorney consented to the doing of falsehood and deceived theCourt when he had an accused plead guilty to an offense which he did notcommit. This constitutes a violation of the lawyer’s oath that he would do nofalsehood nor consent to the doing of any in court.

Lawyer’s Fiduciary Obligations

Angeles vs. Uy, Jr.330 SCRA 6, 17; 2000

The attorney-client requires a high degree of fidelity and good faith, designed toremove all temptation and to prevent everything of that kind from being done forthe client’s protection.

Nakpil vs. Valdez186 SCRA 758; 1998

Members of the bar are expected to always live up to the standards embodied inthe Code of Professional Responsibility as the relationship between an attorneyand his client is highly fiduciary in nature and demands utmost fidelity and goodfaith.

Liwag vs. Neri107 Phil 852; 1960

A lawyer has committed a breach of professional ethics when he made hisbelieve that the debtors had already been sued in court, and when he did notreturn the amount intended for the filing fee. Considering however, that thelawyer has not yet received anything for his services and that the complainanthas subsequently been paid, disbarment or even suspension would be too harshand unkind.

Diaz vs. Kapunan45 Phil 848; 1932

The provision contained in the last paragraph of Article 1459 of the old Civil Codeis made to include lawyers, with respect to any property or rights involved in anylitigation in which they may take party by virtue of their profession and office. Alawyer does not violate this provision when has not purchased property at apublic or judicial auction and his participation in the auction was in representationof his client.

Canlas vs. Court of Appeals164 SCRA 160; 1988

Lawyering is not a moneymaking venture and lawyers are not merchants, afundamental standard that has, as a matter of judicial notice, eluded not a fewlaw advocates. A lawyer’s efforts partaking of a shakedown of his own client arenot becoming of a lawyer and certainly, do not speak well of his fealty to his oathto "delay no man for money."

Capulong vs. Alino22 SCRA 491; 1968

A lawyer has the duty to render an account for money received from his client,which he holds in trust. He does not have the right to use it for any other purposethan those provided for by his client.

Celaje vs. SorianoA.C. No. 7418; October 9, 2007

The lawyer’s failure to return money given to him for the filing of a writ ofinjunction, gives rise to the presumption that he misappropriated it for his ownuse to the prejudice of, and in violation of the trust reposed in him by his client. Itis a gross violation of general morality and of professional ethics and impairspublic confidence in the legal profession, which in this case, deservespunishment of two years’ suspension from practice.

Penticostes vs. Ibanez304 SCRA 281; 1999

The failure of a prosecutor to immediately remit to the SSS the amount given bythe accused as unpaid remittances gives rise to the presumption that he hasmisappropriated it for his own use, which a gross violation of general morality aswell as professional ethics. Though not a private lawyer, this rule applies tolawyers in government service in the discharge of their official tasks, pursuant toCanon 6 of the Code of Professional Responsibility.

Daroy vs. Legaspi65 SCRA 304; 1975

The relation between an attorney and his client is highly fiduciary in nature. Thus,lawyers are bound to promptly account for money or property received by themon behalf of their clients and failure to do so constitutes professional misconduct.

Sotto vs. Samson115 Phil 710; 1962

The statutes prohibiting conveyances of a litigant's property made during theexistence of attorney-and-client relationship (Article 1459, Civil Code) is designedto curtail any undue influence of the lawyer upon his client on account of theirconfidential association.

Laig vs. Court of Appeals82 SCRA 294; 1978

When a lawyer procures any certificate of title or owner's duplicate certificate,

and refuses or neglects, without just cause, to perform his official duty withoutprejudice to any disciplinary administrative action that may be taken, he or shemay be not only prosecuted but also disciplined as a member of the Bar.

Go Beltran vs. Fernandez70 Phil 248; 1940

Violation of Article 1459 of the Civil Code (a lawyer purchasing property subjectto litigation) constitutes a breach of professional conduct, which meritssuspended from the practice of law for a period of six months.