Chapter V: Lawyer’s Duties to Courts  It is unprofessional to deal other than candidly
Observing and Maintaining Respect Due the
A. Lawyer Owes Candor and Fairness to the Courts
5.1. Lawyer’s duties to the court, generally
 A lawyer’s duties to the court are more
significant than those which he owes to his client
that is the administration of justice.
 Accordingly, should there be a conflict between
his duty to his client and that to the court, he
should resolve the conflict against the former
and in favor of the latter.
 A lawyer owes the court the duty to:
1. Render no service or to do no act which involves
disrespect to the judicial office
2. Adoption of legal proposition which is not
honestly debatable
3. Artifice or false statement of fact of law to
mislead the court
4. Unlawful conspiracy with his client, a third
person or judge tending to frustrate or delay the
administration of justice.
5. Secure for his client what is not legally due to
him.
5.2. A lawyer should be candid and truthful to court
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any in Court; nor shall he mislead,
or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of paper, the language or the
argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as
a fact that which has not been proved.
Reason: For the expeditious administration of justice
Candor – the quality of being honest and open in
expression; frankness
B.
with the facts in taking statements of witness, in
drawing affidavits and other documents and in
the presentation of causes.
 A lawyer is not under the obligation to suggest
arguments against his position. His personal
belief in the soundness of his cause or of the
authorities supporting it is irrelevant.
5.3. A lawyer shall do no falsehood
 Rule 10.01
 He violates Rule 10.01 when he alleged in his
complaint that his clients were lessees of a
parcel of land and thereafter alleged, in an
application for registration of such land, that his
clients were owners thereof, for one such
pleading is false.
5.4. A lawyer should not misquote nor misrepresent
 Rule 10.02
 A lawyer who deliberately made it appear that
the quotations in his motion for reconsideration
were findings of the SC, when they are just part
of the memorandum of the Court Administrator,
and who misspelled the name of the complaint
and made the wrong citation of authority is
guilty of Rule 10.02
 Art. 8. Judicial decisions applying or interpreting
the laws or the Constitution forms part of the
legal system of the Philippines.
 A lawyer should not assert as meritorious his
client’s case when he has in his possession
adverse information or knowledge in regard
thereto
5.5. A lawyer shall not misuse rules of procedure
 Rule 10.03
 Procedural rules are instruments in the speedy
and efficient administration of justice
 Macias v. Uy Kim. The filing by a lawyer of
multiple petitions regarding the same subject
matter constitutes abuse of the court’s processes
and improper conduct that tends to obstruct and
degrade the administration of justice.
Courts and Judicial Officers
CANON 11 - A LAWYER 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 shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
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 have no materiality to the
case.
Rule 11.05 - A lawyer shall submit grievances against a
Judge to the proper authorities only.
5.6. Respect due to the courts
 Canon 11
 A lawyer violates Canon 11 when he threatens
the judge with the filing of an administrative
charge if his motion is not granted.
 The berating of the court researcher in his
pleading is disrespectful to the court itself
 One who openly defied the TRO issued by the CA
is guilty of disrespect to the court
5.7. Obeying Court Orders
 Court orders, however erroneous they may be,
must be respected especially by lawyers who are
themselves officers of the court.
 A willful disregard thereof may subject the
lawyer not only to punishment for contempt but
to disciplinary sanction as an officer of the court
as well.
5.8. Defending judges from unjust criticism
  It is the duty of the lawyer to defend a judge
from unfounded criticism or groundless personal
attack
 In special civil actions or proceedings, a judge
whose decision or order is under attack in a
higher court is merely a nominal party
5.9. A lawyer shall appear in proper attire
 Rule 11.01
 Violation of Rule 11.01 is contempt of court
5.10. Lawyer shall be punctual
 Rule 11.02
 Inexcusable absence from, or repeated tardiness
in, attending a pre-trial or hearing may not only
subject the lawyer to a disciplinary action, but
may also prejudice his client who, as a
consequence thereof, may be non-suited,
declared in default or adjudged liable ex parte, as
the case may be.
5.11. A lawyer shall abstain from offensive language
or behavior
 Rule 11.03
 A lawyer’s arguments, written or oral, should be
gracious to both the court and opposing counsel
and be of such words as may be properly
addressed by one gentleman to another.
 XPN: He may use strong language to drive home
a point.
 The mistake of the judge in some of his rulings
does not warrant the use of offensive language
5.12. A judge be courteous to lawyer to merit respect
 The judge must also be courteous to the lawyer,
it is not one-way
5.13. Upholding court’s authority and dignity
 A lawyer should uphold the dignity and authority
of the court and not promote distrust in the
administration of justice.
 Reason: In upholding the court’s dignity and
authority he avoids mistrust in the
administration of justice and prevents anybody
from harboring and encouraging discontent
5.14. A lawyer shall not attribute to a judge improper
motives
 Rule 11.04
 The rule does not preclude a lawyer from
criticizing judicial conduct
5.15. A lawyer shall submit grievances to proper
authorities
 A lawyer is not barred from filing administrative
complaints against erring judges or from acting
as counsel for clients who have legitimate
grievances against them
 Rule 11.05 provides that such complaints should
be addressed to the SC
 If the lawyer filed an administrative complaint,
without exhausting such judicial remedies or
awaiting the result thereof, he may be
administratively held to account thereof.
C. Assisting the Court in Speedy and Efficient
Administration of Justice
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 shall not appear for trial unless he
has adequately prepared himself on the law and the facts
of his case, the evidence he will adduce and the order of
its preferences. 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 lapse 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 judgement or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while the
witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness
to misrepresent himself or to impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his
client, except:
a. on formal matters, such as the mailing,
authentication or custody of an instrument, and
the like, or
b. on substantial matters, in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another counsel.
5.16. Duty to assist in the administration of justice,
generally
 Canon 12
 A lawyer may be able to help the court in the
due and orderly administration of justice by
doing no act that obstructs, perverts or impedes
the administration of justice and by faithfully
complying with all his duties to the court and to
his client
5.17. A lawyer should come to court adequately
prepared
 Rule 12.01 should be read in relation to Rule
18.02:
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation.
Purpose: Without adequate preparation, he may not be
able to assist in the speedy administration of justice
5.18. A lawyer shall not file multiple actions
 A lawyer should not file several actions or
petitions arising from the same cause or seeking
 substantially identical reliefs as those that had
already been finally disposed of
5.19. Lawyer shall not resort to forum shopping
 Rule 12.02
 He is prohibited from filing a petition with the CA
or the RTC where a similar petition has been filed
or pending with the SC, and vice versa
 Purpose: To avoid forum shopping
 Rule 7, Sec. 5.
Sec. 5. Certification against forum shopping — The
plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for
relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not
theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such
other action or claim is pending therein; (b) if there is such
other pending action or claim, a complete statement of the
present status thereof; and (c) if he should thereafter learn
that the same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall
not be curable by mere amendment of the complaint or
other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise
provided, upon motion and after hearing. The submission
of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of
court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party
or his counsel clearly constitute willful and deliberate
forum shopping, the same shall be ground for summary
dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.
Forum shopping is the improper practice of going from
one court to another in the hope of securing a favorable
relief in one court which another court has denied or the
filing of repetitious suits or proceedings in different courts
concerning substantially the same subject matter.
 There is forum shopping whenever, as a result of
an adverse opinion in one forum, a party seeks a
favorable opinion in another forum, other than
appeal or certiorari
 Conduct of litigation in courts while there is a
pending administrative proceeding.
 Under Circular No. 04-94, application for search
warrant need not contain a non-forum
certification
5.20. Duty to Disclose pending case
 This requires disclosure of any pending case at
the time the initiatory pleading is filed, even if he
has withdrawn the pending case because before
its dismissal said case is still legally pending.
 The fact that the initiatory pleading is not based
on the same cause of action as the pending case
is not a valid excuse for non-compliance with the
disclosure requirement
5.21. Verification must be signed by party, not his
counsel; exception.
 Forum shopping certification must be signed by
party because he has personal knowledge of the
facts
GR: Where there are two or more plaintiffs, they must
both sign
XPN: Loquias v. Office of the Ombudsman. Unless the one
who signs the verification and certification has been
authorized to execute the same by, and on behalf of, the
co-plaintiff
Dar v. Alonzo-Legasto. If the joint parties are husband and
wife involving their property, in which case only the
husband may file the verification.
If juridical person, it must be executed by a corporate
officer or agent duly authorized by its board of directors.
GR: The counsel may not sign the forum shopping
certification
XPN: Ortiz v. CA. Unless he has personal knowledge of the
facts therein stated and gives justifiable reason or
explanation why the party himself cannot sign the same.
 The lawyer authorized by the Board of Directors
may sign the certification of non-forum
shopping.
5.22. Test to Determine Forum Shopping
 Test: Whether the elements of litis pendentia are
present or whether a final judgment in one case
will amount to res judicata in the other.
 Where different groups have different interests,
then their filing different petitions in the same
court, where they seek relief, does not constitute
forum shopping.
 Res judicata requires:
o There be a decision based on the
merits
o The court has competent jurisdiction
o The decision is final
o The two actions involve identical
parties , subject matter and causes of
action.
 PRC v. CA. The mere fact that an appeal by
petitioner is pending before the CA based on the
same transactions, essential facts and
circumstances and subject matter does not
suffice to conclude that there was forum
shopping, absent any showing of identical issues
raised.
 It does not apply to compulsory counterclaims.
 The filing of successive suits as part of an appeal
or a special civil action does not constitute forum
shopping because such remedy is a recognized
and authorized remedy under the ROC an
exception to the rule against forum shopping
5.23. Sanctions for violations
 Subsequent filing of the certification does not
cure the defect
 It shall be a ground for the dismissal of the
complaint.
 Submission of a false certification shall constitute
indirect contempt of court, without prejudice to
the disciplinary proceedings against the counsel
 and the filing of a criminal action against the
guilty party
5.24. A lawyer shall file his pleadings within the
period
 Rule 12.03
 Where a lawyer’s motion for extension of time to
file a pleading, memorandum or brief has
remained unacted by the court, the least that is
expected of him is to file it within the period
asked for.
 If he failed to file within the extension, he should
file a motion for leave of court to admit the
same, explaining therein the reason for delay
5.25. Duty to inform client’s death and change of
counsel’s address
 It is the duty of the lawyer to inform the court,
within 30 days, of the death of his client in a
pending case and if the claim is not extinguished
by such death, of the name of the deceased’s
representatives, so that substitution of parties
can be effected.
 If no such notice is made, the court will proceed
to conclusion of the case as if the party is alive
and its decision thereon is binding upon the heirs
of the deceased.
 It is the duty of the counsel to inform the court
about his change of address. Reason: because it
will unduly delay the disposition of the case.
 Breach of this rule entails disciplinary action
against him.
5.26. A lawyer shall not delay nor impede execution
of judgment
 Rule 12.04
 Signature in a pleading constitutes a “certificate
by him that he has read the pleading; that to the
best of his knowledge, information, and belief
there is a good ground to support it; and that it is
not interposed for delay
 Violation of Rule 12.04 may be a ground for
administrative liability and cost of suit.
5.27. Lawyer to discourage appellate review
 It is the duty of the lawyer to inform the client
that the appeal could be futile and will result to
the same outcome.
 The failure of counsel to appeal an adverse
decision may subject him to disciplinary action
for negligence in the performance of his duties
to his client
 In the absence of advise from client, he must still
perfect the appeal. If he believes that the client
will not win over appeal, his liability will only be
mitigated.
5.28. A lawyer shall not talk to a witness during
recess
 Rule 12.05
 Purpose: To avoid any suspicion that he is
coaching the witness what to say during the
resumption of the examination.
5.29. A lawyer shall not assist a witness to
misrepresent
 Rule 12.08
 The lawyer should avoid any such action as may
be misinterpreted as an attempt to influence the
witness what to say in court.
 Disciplinary action for violation of Rule 12.08
5.30. Lawyer shall not harass a witness
 Rule 12.07
 A lawyer has the duty to always treat adverse
witnesses and suitors with fairness and
consideration.
 Improper speech is not excusable on the ground
that it is what the client would say if speaking in
his own behalf.
5.31. A lawyer shall avoid testifying for a client
 Rule 12.08
 Robinson v. US. It is improper for a lawyer to
accept employment in a case in which he knows
he or his partner will be a material witness for
the party seeking to employ him.
 It is improper for a lawyer to accept employment
in a case where it would be his duty to attack the
essential testimony to be given by his partner on
behalf of the opposite side.
D. Avoiding Impropriety that Tends to Influence
the Court
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in
the media regarding a pending case tending to arouse
public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference
by another branch or agency of the government in the
normal course of judicial proceedings.
5.32. Lawyer should rely on merits of his case
 Canon 13
 Reason: It lessen the confidence of the public in
the impartial administration of justice, and
should be avoided.
5.33. A lawyer shall not extend hospitality to a judge
 Rule 13.01
GR: The lawyer should not see the judge in chamber and
talk to him about a case pending in his court
XPN: Where the lawyers of both parties are present or
upon request of the judge for both lawyers to see him in
chamber.
GR: It is not incumbent on a lawyer to refuse professional
employment in a case because it may be heard by a judge
who is his relative, compadre or former colleague. The
responsibility not to sit is in the judge
XPN: Unless he is both free from bias and from the  As a citizen and officer of the court, a lawyer is
appearance thereof. expected not only to exercise the right but also
to consider it his duty to expose the
5.34. A lawyer shall not publicly discuss pending shortcomings and indiscretions of courts and
cases judges.

 Rule 13.02 5.38. A lawyer shall not invite judicial interference

 Reason: It may interfere with a fair trial in court
and otherwise prejudice the impartial  Rule 13.03
administration of justice.  Reason: A lawyer who brooks or invites
 The restriction does not prohibit issuance of interference by another branch or agency of
statements by public officials charged with the government in the normal course of judicial
duty of prosecuting or defending actions in court proceedings endangers the independence of the
 The statement should avoid any statement of judiciary.
fact likely to create an adverse attitude in the
public mind respecting the alleged action of the
defendants to the pending proceedings.
 Nestle v. Sanchez. Picketing while a labor case is
pending is an attempt to influence the court

5.35. Criticism of pending and concluded litigation

 The court must insist on being permitted to

dispose of its business in an orderly manner, free
from outside interference obstructive of its
function and tending to embarrass the
administration of justice while the case is
pending
 Criticism can be valid after the rendering of the
final judgment.
 It has been held that a newspaper publication
tending to impede, construct, or embarrass or
influence the courts in administering justice in a
pending case constitutes criminal contempt, but
the rule is otherwise after the litigation is ended.

5.36. Limitations on right to criticize

 Where by law or resolution of the SC

proceedings, such as disciplinary actions against
judges and lawyers, must be conducted in secret
or considered confidential for the proper
administration of justice until their final
adjudication, they should not be given publicity
by the press.

5.37. Right and duty of lawyer to criticize courts