774 LEGALANDJUDICIAl,ETHICS

1. Suspension from office without salary and other

benefits for not less than one (1) nor more than three (:U
or
2. A fine ofmore than P10,000.00 but not exceedinl.!
P20,000.00.
C. Ifthe respondent is guilty ofa light charge, any oftht'
followingsanctionsshallbe
1. A fine ofnotless thanP1,000.00 butnotexceedinn
PlO,OOO.OO; and/or
2. Censure;
3. Reprimand;
4. Admonitionwithwarning.
SEC.12.Confidentiality ofproceedings. Proceedingsagainst
Judges ofregular and special courts and Justices ofthe Court "I'
Appeals and the Sandiganbayan shall be private and confidentinl.
but a copy of the decision or resolution of tbe Court shaH hI'
attached to the record ofthe respondentin the Office ofthe Court.
Administrator.
TheseamendmentstoRule 140shalltakeeffecton 1,
2001 following their publication in two (2) newspapers ofgerwrnl
circulationonorbeforeSeptember15,2001.
APPENDIXB
CODEOF PROFESSIONAL
RESPONSIBILlTY*
Chapter1
THE LAWYERANDSOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTI-
TUTION, OBEY THE LAWS OF THE LAND AND PROMOTE
RESPECTFORLAWANDFORLEGALPROCESSES.
Rule1.01 Alawyershallnotengagein dishonest,
immoralordeceitfulconduct.
Rule1.02A shallnotcounselorabetactivitiesaimed
atdefianceofthelawor atlesseningconfidenceinthelegalsystem.
Rule 1.03 - A lawyer shall not, for any corrupt motive or
encourage any suit or proceeding or delay any man's
cause.
Rule1.04- Alawyershallencouragehisclientstoavoid,end
orsettlethecontroversyifitwilladmitofa fairsettlement.
CANON 2 - A LAWYlm SHALL MAKE HIS LEGAL SER-
VICES AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNERCOMPATIBLE WITHTHEINDEPENDENCE, rNTEG-
RITYANDEFFECTIVENESSOFTHEPROFESSION.
"'This eode was promulgntedby theSupreme Courton.June 21, 1988. Itwas
initially draftedbythe CommitLee onResponsibility, Disciplineand Disbarmentof
the IntegratedBarofthePhilippines, eomposed ofDeanIrene CortesasChairman
andJusticeCarolineGrinD-Aquino,Attys. GvmmloW. Gonzales,MarceloB. Fernan,
Carnilo Qlliason, JoseF. Espinosa and CarmeloV. Sison as members, with former
ChiefJllst.ice Concepcion and former Justice Jose B.L. Reyes as consultants, and
Prof.MyrnaS. FelicianoandAtty. ConcepcionLim-Jardelezaasresourcepersons.
775
776
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LEGALANDJUDICIALETHICS
Rule2.01 - Alawyershallnotreject,exceptforvalidreasons,
thecauseof thedefenselessortheoppressed.
Rule 2.02 - Insuchcases,evenifthelawyerdoes notaccept
a case, he shall not refuse to render legal advice to the person
concerned ifonly to the extentnecessaryto safeguard thelatter's
rights.
Rule2.03 - Alawyershallnotdoorpermittobedoneanyact
designedprimarilyto solicitlegalbusiness.
Rule2.04 Alawyershallnotchargerateslowerthanthose
customarilyprescribed,unlessthecircumstancessowarrant.
CANON 3 ALAWYER INMAKINGKNOWNHISLEGAL
SERVICES SHALL USE ONLYTRUE, HONEST, FAIR, DIGNI-
FIED AND OBJECTIVE INFORMATION OR S'rATEMENT OF
FACTS.
Rule 3.01 - A lawyershallnotuseorpermittheuseofany
false, fraudulent, misleading,deceptive, undignified, self-laudatory
or unfair statement or claim regarding his qualifications or legal
services.
Rule3.02 - Inthechoiceofa firm name,nofalse, misleading
orassumednameshallbeused.Thecontinueduseof thenameofa
deceasedpartneris permissibleprovidedthatthefirm indicatesin
allitscommunicationsthatsaidpartnerisdeceased.
Rule 3.03 Where a partner accepts public office, he shall
withdrawfromthefirmandhisnameshallbedroppedfromthefirm
nameunlessthelawallowshimto practicelawconcurrently.
Rule3.04 - Alawyershall notpayorgive anythingofvalue
torepresentativesof themassmediainanticipationof, orinreturn
for, publicityto attractlegalbusiness.
CANON 4 A LAWYER SHALL PARTICIPATE IN 'I'IfI';
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATIN(;
OR SUPPORTING }<;FFORTS IN LAW REFORM AND IN '1'111';
IMPROVEMENTOFTHEADMINISTRA'rIONOFJUS'rICE.
CANON5- ALAWYERSHALLKEEP R E i h ~ T OFLI<X;I\I,
DEVELOPMENtS, PARTICIPATE IN CONTINUING LE(il\l,
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACnmVI':
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN '1'111<
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
APPENDIXB
Codeof ProfessionalResponsibility
DISSEMINATINGINFORMATIONREGARDINGTHELAWAND
JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAW-
YERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF
rfHEIROFFICIALTASKS.
Rule6.01 - 'rheprimarydutyofa lawyerengagedinpublic
prosecution is not to convict but to see thatjustice is done. The
suppression offacts or the concealment of witnesses capable of
establishing the innocence ofthe accused is highly reprehensible
andiscausefordisciplinaryaction.
Rule 6.02 Alawyerinthegovernmentserviceshall notuse
hispublic positionto promoteoradvancehisprivateinterests, nor
allowthelattertointerferewithhispublicduties.
Rule 6.03 A lawyer shall not, after leaving government
service, acceptengagementoremploymentin connectionwith any
matterinwhichhehadintervenedwhileinsaidservice.
Chapter II
THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYlm SHALLATALL TIMES UPHOLD
THE INTEGRITYAND DIGNITYOFTHELEGALPROFESSION
ANDSUPPORTTHEACTIVITIESOFTHEINTEGRATEDBAR.
Rule7.01 - Alawyer shallbeanswerableforknowinglymaking
a falsestatementorsuppressinga materialfact, inconnectionwith
hisapplicationforadmissiontothebar.
Rule 7.02 - A lawyer shall not support the application for
admissiontothebarofanypersonknownbyhimtobeunqualified
inrespecttocharacter,education,orotherrelevantattribute.
Rule7.03 Alawyershallnotengageinconductthatadvnnl("Y
reIiectsonhisfitnesstopracticelaw,norshallhe,whetherill publi,'
orprivatelife,behaveinascandalousmannerto the(lisen'r/it "fflw
legalprofession.
CANON 8 - A LAWYER STMLL (:ilN/lII(''(' 1111\1::1':1""
WITH COURTESY, FAIRN}l;SS AND (',\NIlI l/t '/'( IW,\IU) illS
PROFESSIONAL COLLF,I\(;(II,;S :\NII ::11 \! I. ,\\/111) II/WAS,
SINGTACTICSACiAlNS'f' (iI'I'( .: :1I'j(; ('I Ii In' d.:1
778
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ANTI JUDICIAL ETHICS
Rule 8.01 - A lawyer shall not, in his professional dealings,
use language which is abusive, offensive or otherwise improper.
Rule 8.02 A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer; however, it is
the right of any lawyer, without fear or favor, to give proper advice
and assistance to those seeking relief against unfaithful or neglectful
counsel.
CANON 9 A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY ASSIST IN THE UNAUTHORIZED PRAC'l'ICE OF
LAW.
Rule 9.01 A lawyer shall not delegate to any unqualified
person the performance of any task which by law may only be
performed by a member of the Bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide
a fee for legal services with persons not licensed to practice law,
except:
a) Where there is a pre-existing agreement with a partner
or associate that, upon the latter's death, money shall be paid over a
reasonable period of time to his estate or to the persons specified in
the agreement; or
Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer; or
c) Where alawyer or lawfirm includes non-Ia\vyer employees
in a retirement plan, even if the plan is based in whole or in part, on
a proItt-sharing arrangement.
Chapter III
THE LAWYER AND THE COURTS
CANON 10- A LAWYER OWES CANDOR, FAIRNESS AN J)
GOOD FAITH TO THE COURT.
Rule 10.01 A lawyer shall not do any falsehood, nor comwnl
to the doing of any in court; nor shall he mislead, or allow the Courl
to be mislead artifice.
Rule 10.02 - A lawyer shall not knowingly 01
misrepresent the contents of a paper, the language or the arg:ullwlIL
of opposing counsel, or the text of a decision or authority, "I
APPENDIXB
Code of Professional Responsibility
knowingly cite as law a provision already rendered inoperative by
repel or amendment, or assert as a fact that which has not been
proved.
10.03 - A lawyer shall observe the rules of procedure and
shall not misuse them to defeat the ends ofjustice.
CANON 11 ALAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO ,JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
Rule 11.01 A lawyer shaH appear in court properly attired.
Rule 11.02 A lawyer shall punctually appear at court hear-
Rule 11.03 - A lawyer shall abstain from scandalous, offensive
or menacing language or behavior before the Courts.
Rule 11.04 A lawyer shall not attribute to a Judge motives
not supported by the record or having no materiality to the case.
Rule 11.05 A lawyer shall submit grievances against a Judge
to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 A lawyer shal1 not appear for trial unless he
has adequately prepared himself with the law and the facts of his
case, the evidence he will adduce and the order of its preference. He
should also be ready with the original documents for comparison
with the copies.
Rule 12.02 A lawyer shall not file mUltiple actions arising
from the same cause.
Rule 12.03 A lawyer shall not, after obtaining extensions
of time to file pleadings, memoranda or briefs, let the period
without submitting the same or offering an explanation for his
failure to do so.
Rule 12.04 A lawyer shall not unduly delay a case, impede
the execution of a judgment or misuse Court processes.
780
781
LEGALANDJUDICIALETHICS
Rule12.05 Alawyershallrefrainfrom talkingtohiswitness
duringabreakorrecessinthetriaLwhilethewitnessisstillunder
examination.
Rule 12.06 - Alawyershallnotknowinglyassista witnessto
misrepresenthimselfortoimpersonateanother.
Rule 12.07 Alawyershallnotabuse, browbeatorharassa
witnessnorneedlesslyinconveniencehim.
Rule 12.08 - A lawyershall avoid testifyinginbehalfofhis
except:
a) onformalmatters,suchasthemailing,authenticationor
custodyofaninstrument,andthelike; or
b) on substantial matters, in cases where his testimony is
essentialtotheendsof justice,inwhicheventhemust,duringhis
testimony,entrustthetrialofthecasetoanothercounsel.
r' CANON13- ALAWYERSHALLRELYUPONTHEMERITS
OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICHTENDSTOINFLUENCE,ORGIVESTHEAPPEARANCE
.OFINFLUENCINGTHECOURT.
Rule13.01 Alawyershallnotextendextraordinaryattention
or hospitality to, nor seek opportunity for, cultivating familiarity
withjudges.
Rule13.02- Alawyershallnotmakepublicstatementsinthe
mediaregardinga pendingcasetendingtoarousepublicopinionfor
oragainsta party.
Rule13.03- Alawyershallnotbrookorinviteinterferenceby
anotherbranchoragencyofthegovernmentinthenormalcourseof
judicialproceedings.
ChapterIV
THELAWYERANDTHECLIENT
CANON 14 A LAWYER SHALL NOT REFUSE HIS
SERVICESTO THENEEDY.
Rule14.01 Alawyershallnotdeclinetorepresenta person
solelyonaccountofthelatter'srace, sex, creedorstatusoflife, or
becauseof hisownopinionregardingtheguiltofsaidperson.
APPENDIXB
Codeof ProfHssionalResponsibility
14.02 Alawyershallnotdecline, forseriousand
sufficient cause, an appointment as counselde oficio orasamicus
curiae orarequestfromtheIntewatedBarof thePhilippinesorany
chapterforrenditionof freelegalaid.
Rule14.03 - Alawyermayrefuseto acceptrepresentationof
a clientif:
a) he is in no position to carryout the work effectively or
competently;
b) helaborsunderconflict ofinterestbetweenhim andthe
prospective client or between a presentclient and the prospective
client.
Rule 14.04 A lawyer who accepts the cause of a person
unableto payhisprofessionalfees shallobservethesamestandard
of conductgoverninghisrelationswithpayingclients.
CANON 15- A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONSWITHHISCLIENT.
Rule15.01- A lawyer,inconferringwitha prospectiveclient,
shall ascertain as soon as practicable whether the matter would
involve a conflictwithanotherclientorhisOwn interest,andifso,
shallforthwith inform theprospectiveclient.
Rule 15.02 - A lawyershallbeboundbytheruleonprivilege
communicationinrespectofmattersdisclosedtohimbyaprospective
client.
Rule 15.03 A lawyershallnotrepresentconflictinginterest
exceptbywrittenconsentofallconcernedgivenafterafulldisclosure
of thefacts.
Rule 15.04 - A lawyermay, with the writtenconsentofall
concerned, act as mediator, conciliator or arbitrator in settling
disputes.
B-llJe 15.05 A lawyer, whenadvisinghisclient,shallgivea
candidandhonest;opiniononthemeritsandprobableresultsofthe
case, neitheroverstatingnorunderstatingtheprospects of
thecase.
Rule15.06 - A lawyershallnotstateorimplythatheisable
toinfluenceanypublicofficial, tribunalor body.
782
783
AND,IlJD.lCIALETHICS
Rule15.07 A shallimpressuponhisclient
withthelawsandtheprinciplesof fairness.
Rule15.08- Alawyerwhoisengagedinanotherprofessionor
occupationconcurrentlywiththepracticeoflawshallmakeclearto
hisclientwhetherheisactingasa lawyerorinanothercapacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYSANDPROPERTIESOFHISCLIENTTHATMAYCOME
INTOHISPOSSESSION.
Rule16.01 A lawyershallaccountforallmoneyorproperty
collectedorreceived fororfromtheclient.
Rule 16.02 - A lawyer shall keep the funds of each client
separateandapartfromhisownandthos(lof otherskeptbyhim.
Rule 16.03 - A lawyershalldeliverthefundsandpropertyof
hisclientwhendueorupondemand.However, heshall havea lien
overthefunds andmayapplysomuchthereofasmaybenecessary
tosatisfyhislawfulfees anddisbursements,givingnoticepromptly
thereafterto hisclient. Heshallalsohavea lientothesameextent
on alljudgments and executions he has secured for his client as
providedforintheRulesofCourt.
Rule16.04 - A lawyershallnotborrowmoneyfrom hisclient
un]ess theclient'sinterestsarefully protectedbythenatureofthe
case orbyindependentadvice. Neithershall a lawyerlend money
to a clientexcept, whenin theinterestof justice,hehastoadvance
necessaryexpensesina legalmatterheishandlingfor theclient.
CANON17 ALAWYEROWESFIDELITYTOTHECADSI';
OFHISCLIl<jNTANDHESHALLBEMINDFULOFTHETRUST
ANDCONFIDENCEREPOSEDINHIM.
CANON 18 ALAWYERSHALLSERVEHISCLIENTWITII
COMPETENCEANDDILIGENCE.
Rule18.01 - AlawyershaHnotundertakealegalservicewhich
heknowsorshouldknowthatheisnotqualifiedtorender.
he mayrendersllchserviceif, withtheconsentofhisclient,heca II
obtain as collaborating counsel a lawyer who is competent on
matter.
Rule 18.02 - A shall not handle any maUl'1
withoutadequatepreparation.
C '-"HUll\. B
CodeofPro[()ssionalResponSibility
Ru1018.03- AlawyershaJJnotnegJodaleWd!matter entrusted
tohim,andhisneg1;geneeinconnectiontherewithshallrenderhim
Rule 18.04 AJawyer shaJJ keep the dientinformed ofthe
statusofhiseaseandshallreSPond witlUn areasonabletimeto the
requestforinformation.
CANON 19- ALA wYERSHALLREPRESENTHISCLIEN'r
WITH W1THlJI/THEBOUNDSOFTHE LAW.
Rule19.01-,AJawyershallempJoyonJyfairandhonestmeans
to attain the lawful ofhis dient and shal] not present,
Participate in presenting or threatening to present unfounded
Criminal charges to obtain an improper advantage in anyease or proceeding.
19.02 - AlaWYer Who hasreceived informationthathis
e];enthas, the,",urseoftherepre'Ontation,perpetuatedafraud
uponapersonortribunal,shallpromplJycalluponthedient torectify
theSomA andfailingwhichheshallterminatetherelationship
inaccordancewiththeRUles ofCOurt.
HuJe 19.03 AlaWYershallnotallowhisdientto dictate
procedureinhandlingthecase.
CANON 20 " A LAwYER SHALL ONLy FAIH
fi'R,,'Q
Rule ":::U.l - A lawyer
indetermining' .
beguided bythe
factors
'J'he timespentand
required;
extentoftheservicesrenderedor
'!'henoveltyanddifficultyoftheqUestio"s inVolved;
c)
importanceof theSUbjectmatter;
d)
Theskill .J_
oj Lhe probability",WSLng otherempJoymentasaresultof
acceptanceof theprofferedcase;
f) 1'he customary charges for similar services and the
scheduleoffees oftbeIBPChaptertowhid,hebelongs;
rrheamountinvolved in thecontroversyandthe
resultingto thpclientfrom th" service;
784
LEGALANDJUDICIAl,E'I'HICS
h) Thecontingencyorcertaintyofcompensation;
i) The characteroftheemployment,whetheroccasionalor
established;and
j) Theprofessionalstandingof thelawyer.
Rule 20.2 - A lawyer shall, in cases of referral, with the
consentoftheclient,beentitledtoa divisionoffeesinproportionto
theworkperformedandresponsibilityassumed.
Rule 20.3 A lawyer shall not, without the full knowledge
andconsentof theclient,acceptanyfee, reward,costs,commission,
interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone
otherthantheclient.
Rule 20.4 '-' A lawyer shall avoid controversies with clients
concerninghiscompensationandshallresorttojudicialactiononly
topreventimposition,injusticeorfraud.
CANON21 - ALAWYERSHALLPRESERVETHE CONFI-
DENCES AND SECRETS OF HIS CLIENT EVEN A}<'TER THE
ATTORNEY-CLIENTRELATIONISTERMINATED.
Rule 21.01 ~ A lawyer shall not reveal the confidences or
secretsofhisclientexcept:
when authorized by the client after acquainting him of
theconsequencesofthedisclosure;
b) whenrequiredbylaw;
c) whennecessarytocollecthisfeesortodefendhimself,his
employeesorassociatesorbyjudicialaction.
Rule 21.02 A lawyer shall not, to thedisadvantage ofhis
client, use information acquiredinthecourse ofemployment, nor
shallheusethesametohisownadvantageorthatofathirdperson,
unlesstheclientwithfullknowledgeof thecircumstancesconsents
thereto.
Rule21.03 A lawyershallnot,withoutthewrittenconsent
ofhis client, give information from his files to an outside agency
seeking such information for auditing, statistical, bookkeeping,
accounting,dataprocessing,oranysimilarpurpose.
APPENDIXB 785
CodeofProfessionalResponsihility
Rule 21.04 - A lawyermaydisclosetheaffairsofa clientof
thefirm to partnersorassociates thereofunless prohibitedbythe
client.
Rule21.05 - A lawyershalladoptsuchmeasuresasmaybe
requiredto preventthosewhose servicesareutilizedbyhim, from
disclosingorusingconfidencesorsecretsof theclient.
Rule 21.06 - A lawyer shall avoid indiscreet conversation
abouta client'saffairsevenwithmembersof hisfamily.
Rule 21.07 - A lawyer shall not reveal that he has been
consultedabouta particularcaseexcepttoavoidpossibleconflictof
interest.
CANON22 ALAWYERSHALLWITHDRAWHISSERVIC-
'"
ES ONLYFORGOOD CAUSE ANDUPONNOTICEAPPROPRI-
ATEINTHECIRCUMSTANGES.
Rule22.01 - Alawyermaywithdrawhisservicesinanyof the
followingcases:
a) Whenthe clientpursuesan illegal orimmoral course of
conductinconnectionwiththematterheishandling;
b) When the client insists thatthe lawyer pursue conduct
violativeofthesecanonsandrules;
c) When his inability to work with co-counsel will not
promotethebestinterestoftheclient;
d) When the mental or physical condition ofthe lawyer
rendersitdifficultforhimtocarryouttheemploymenteffectively;
e) Whentheclientdeliberatelyfails to paythefees for the
servicesorfailstocomplywiththeretaineragreement;
f) Whenthelawyeris elected or appointedto publicoffice;
and
g) Othersimilarcases.
Rule 22.02 ~ Alawyerwhowithdrawsorisdischargedshall,
subject to a retaining lien, immediately turn over all papers and
property to which the client is entitled, and shall cooperate with
his successor in the orderly transfer ofthe matter, including aU
informationnecessaryfortheproperhandlingofthematter.