EN BANC

NOTICE

Sirs/Mesdames:

Please take no/fce that the Court en banc issued a Resolution dated APRIL
11, 2023, which reads as follows.’

“A.M. No. 22-09-01-SC

CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY

RESOLUTION

WHEREAS, pursuant to Section 5(5), Article VIII of the 1987 Constitution,

the Supreme Court is vested with the power to promulgate rules concerning the
pleading, practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged;

WHEREAS, it has been more than three decades since the Code of
Professional Responsibility, which establishes the norms of conduct and ethical
standards in the legal profession, was promulgated on June 21, 1988;

WHEREAS, the Code of Professional Responsibility, as promulgated,

reflected the then prevailing trends, views and attitudes regarding the practice of law,
while the role of modern-day lawyers has expanded and shifted from advocates to
peacemakers, from solicitors to specialists, and from counterparts to collaborators;

WHEREAS, there have been significant developments in our laws and socio-
economic life as a people, as well as the rapid technological advancements around
Notice of Resolution 2 A.M. No. 22-09-01-SC
April 11, 2023

the world which have shaped the way lawyers interact with society, the legal
profession, the courts, and their clients;

WHEREAS, considering the present direction and thrust of the Court

towards strengthening a technology-driven judiciary through digitization and
automation of its court processes, as well as a parallel transformation of its human
resources, the use of technology in the legal profession draws attention to its wider
and underlying ethical considerations;

WHEREAS, there is a timely and bona fide need to revise the Code of
Professional Responsibility to take into account these role changes, recent
developments and technological trends which impact the experience and behavior
of members of the Philippine Bar mostly through social media and the internet;

WHEREAS, the Court, through the Strategic Plan for Judicial Innovations
(SPJI) 2022-2027, identified the revision of the Code of Professional
Responsibility as a component of its campaign for ethical responsibility under the
Outcome of Efficiency;

WHEREAS, through Memorandum Order No. 111-2021, dated November

22, 2021, as amended by Memorandum Order No. 99-2022, dated July 1, 2022, the
Sub-Committee for the Revision of the Code of Professional Responsibility was
reorganized to review the Code. The Sub-Committee is composed of the
following:

Chairperson: Hon. Amy C. Lazaro-Javier

Associate Justice, Supreme Court

Vice-Chairpersons: ITon. Samuel H. Gaerlan

Associate Justice, Supreme Court

Hon. Maria Filomena D. Singh

Associate Justice, Supreme Court

Members:
Hon. Geraldine C. Fiel-Macaraig
Associate Justice, Court ofAppeals

Hon. Ma. Theresa Dolores C. Gomez-Estoesta

Associate Justice, Sandiganbayan

Hon. Josefe C. Sorrera-Ty

Commissioner, Legal Education Board
Notice of Resolution 3 A.M. No. 22-09-01-SC
April 11, 2023

Hon. Caridad M. Walse-Lutero

Presiding Judge, Regional Trial Court, Branch
223, Quezon fJ

Hon. James T. Sy
PFesiding Judge, Regional Trial Court, Branch 49,
Manila

Hon. Jackie B. Crisologo-Saguisag

Pres Nding Judge, Metropolitan Trial Court,
Branch 67, Makati City

Atty. Avelino V. Sales, Jr.

National Director %r Bar Dfscip/inc

Dean Tranquil Gervacio S. Salvador III

Representative, Integrated Bar of the Philippines
Quezon City Chapter

Dean Ma. Soledad Deriquito-Mawis

Chairperson, Phi/fppfne Association of Law
Schools

Atty. Fina Bernadette dela Cuesta-Tantuico

Past President and Adviser, Philippine Bar
Association

Dean Joan S. Largo

Vice President for Academic Affafrs, University of
San Carlos

Atty. Antonio Ceasar R. Manila

Office of the ChfefJustice

Secretariat:
Atty. Marchellene B. Caday-Atitiw
Atty. Lloyd Danielle V. Javier
Secretaries
Office ofAssoc rate Justice Amy C. Lazaro-Javier

Atty. Cheska Ann M. Pazziuagan

Atty. Emerson M. Anit
Assistant SeGFetaries
Office ofAssociate Justice Samuel H. Gaerlan
NoticC Of ReSG1iillO11
A.M. Nc*. 22-09-01-SC
April 11, 2023

Atty. Nlcgyvcr L. Boria

Atty. Irish .Shade ۥ. Aliinr los
Atty. Clark h.i rryl P. Dueniio
Atty. Samantha ti race M. Alban
Assistant Secretaries
O///cc o . : u‹:icite Jtislicr Marin I ilorric•n‹r
D. Singh

Atty. tell Christopher G. Lantion

Asz•is.*an I Secretar)
O ice o/ Assoc rate Justice Ma. Therese Dolore› C.
Gotnc Estocsto

Stenographer:
Nls. lWaria Lourdes Nt. Reyes
Ojjic.e of the Clerlc of Court, Sups eine Court Fri
Bnnc

Administrative sir pport:

Ms. Marin I.eurdes A. Banal

O ce of the Clet'lc of Court, Supi'enie Coiiri En
Banc.

W I IEREAS, the Sub-Committee conducted a series of' inforiiiation and

consultation campaigns called the Ethic. Car avan throughout the country, to gather
suggestions and comments from relevant stalceholders, including Justices, ju‹iges,
court personnel, governiiient lawyers, private practitioners. the acadeine, the private
sector, civil society organizations, and law students;

WI-IEREAS, the Count expresses its gratiturle to the "Nnivetsity of San Carlos,
the University of Nlindanao, the University of 1tiiwa Caceres, St. Louis University,
and the University of Santo Toinas for ho'iiing the said F'laics Caravan;

NOW, TIIERL FORE, acting on the .ecoiumendation of the Chairperson

and the Vice-Chairpersons of the Sub-Committee ltir t1i• Revision of the Code of
Professional Responsibility, the Court resolves to APPROVE “the Cone of
Professional Respons ihility anet.4 countahili3!.”

The Code of Professional Responsibility and Accountability shall tame

effect fifteen (15) calendar clays after its publication in the Official Gazette or any
newspaper of genei‘al cii‘cu!ation.
Notice ofi Resolution A.M. No. 22-09-01 -SC
April 1 I , 2023

.ESMUNDO
ce

MARVI .V.F. LEON O BE MIN\S.AGUIOA

Senior Associate Justice Asso Justi'

AMY ER
Associate Justice ssociate Justice

HEN RODLAMEDA
. INTING
Associate J ’stice stte Justice

sociatest SAMUEL H. GA
Associate Justice

RICA . ROSARIO JHOSEP PEZ

Ass ciate Justice Associate Justice

R B. DIMAAM OE DAS P. MARQUEZ

Associate Justice

‘DI 0
Associate Justice
 A.M. No. 22-09-01-S
C

CODE HF PROFESSIOISAL ltESPONSIBILITY AND ACCOUNTABILITY

rmA+1ilLE

Ethics is the experlential manlfestatior Of moral standards. The observance

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

The Code of Professional Responsibility and Accountability (CPRA), as an

institutional imperative, is meant to foster an environment where ethical conduct
performs a dedicated role in the adirinistratlon ofjustice. In particular, the
standards embodied in the CPRA uniquely address the characteristics of the
Filipino lawyer as an amalgamation of influences and moorings, /.e., familial,
cultural, religious, academic, political, and philosophical. Inherently a social being,
the Filipino lawyer inevitably develops and cultivates relations, preferences and
biases. The conscious adoption of ethical standards that accounts for such
relationships and personal choices balanced against the demands of right and
justice is envisioned to goveni and regulate these personal choices and malce them
consistent with the institutional objectlves.

the existence of a. free and an independent society depends upon the

recognltion Of tire concept that justice is based on the rule of law.

As a guarclian of the rule of law, every lawyer, as a citizen, owes allegiance

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

An ethical lawyer is a lawyer possessed of integrity. Integrity is the sum total

of all the ethical values that evTiy lay er inust embody and exhlbit. A lawyer with
 7 A.M. No. 22-09-01-SC

integrity, therefore, acts with independence, propriety, fidelity, competence and

diligence, equality and accountability.

Failure to abide by the Code results in sanctions.

CANON I
INDEPENDENCE

The independence of a lawyer in the discharge of professional duties

without any improper influence, restriction, pressure, or interference, direct or
indirect, ensures effective legal representation and is ultimately imperative for the
rule of law.

SECTION 1. Independent, accessible, efficient, and effective

legal service—. A lawyer shall make legal services accessible in an
efficient and effective manner. In performing this duty, a lawyer shall
maintain independence, act with integrity, and at all times ensure the
efficient and effective delivery of justice.

SECTION 2. Merit-biased practice. — A lawyer shall rely solely

on the merits of a cause and not exert, or give the appearance of, any
influence on, nor undermine the authority of, the court, tribunal or other
government agency, or its proceedings.

SkCTION 3. Freedom from improper considerations and

external influences. — A lawyer shall not, in advocating a client's
cause, be influenced by dishonest or immoral considerations, external
influences, or pressure.

SECTION 4. Non-interference by a lnwyer. — Unless

authorized by law or a court, a lawyer shall not assist or cause a branch,
agency, office or officer of the government to interfere in any matter
before any court, tribunal, or other government agency.

SECTION 5. Lawyer's duty and discretion in procedure. — A

lawyer shall not allow the client to dictate or determine the procedure
in handling the case.

Nevertheless, a lawyer shall respect the client's decision to

settle or compromise the case after explaining its consequences to the
client.
 8 A.M. No. 22-09-01-SC

CANON II
PROPRIETY

A lawyer shall, at all times, act with propriety and maintain the appearance
of propriety in personal and professional dealings, observe honesty, respect and
courtesy, and uphold the dignity of the legal profession consistent with the highest
standards of ethical behavior.

SECTION 1. Proper conduct. — A lawyer shall not engage in

unlawful, dishonest, immoral, or deceitful conduct.

SECTION 2. Dignified conduct. — A lawyer shall respect the

law, the courts, tribunals, and other government agencies, their
officials, employees, and processes, and act with courtesy, civility,
fairness, and candor towards fellow members of the bar.

A lawyer shall not engage in conduct that adversely reflects on

one's fitness to practice law, nor behave in a scandalous manner,
whether in public or private life, to the discredit of the legal
profession.

SECTION 3. Safe environiiient; avoid aff forms of abuse or

harassment. — A lawyer shall not create or promote an unsafe or
hostile environment, both in private and public settings, whether
online, in workplaces, educational or training institutions, or in
recreational areas.

To this end, a lawyer shall not commit any form of physical,

sexual, psychological, or economic abuse or violence against another
person. A lawyer is also prohibited from engaging in any gender-
based harassment or discrimination.

SECTION 4. Use of dignified, gender-fair, and cliilJ- and

culturiilly-sensitive langffage. — A lawyer shall use only dignified,
gender-fair, child- and culturally-sensitive language in all personal and
professional dealings.

To this end, a lawyer shall not use language which is abusive,

intemperate, offensive or otherwise improper, oral or written, and
whether made through traditional or electronic means, including all
forms or types of mass or social media.

SECTION 5. Observance of fairness rind obeJience. — A

lawyer shall, in every personal and professional engagement, insist on
the observance of the principles of fairness and obedience to the law.
 9 A.M. No. 22-09-01-SC

SECTION 6. Harassing or threatening conduct. — A lawyer

shall not harass or threaten a fellow lawyer, the latter's client or
principal, a witness, or any official or employee of a court, tribunal, or
other government agency.

SECTION 7. Formal decorum and iippearance. — A lawyer

shall observe formal decorum before all courts, tribunals, and other
government agencies.

A lawyer's attire shall be consistent with the dignity of the

court, tribunal, or other government agency, with due respect to the
person's sexual orientation, gender identity, and gender expression.

SECTION 8. Prohibition ngninst misleiiding the coffKt,

tribunal, or other government ngency. — A lawyer shall not
misquote, misrepresent, or mislead the court as to the existence or the
contents of any document, argument, evidence, law, or other legal
authority, or pass off as one's own the ideas or words of another, or
assert as a fact that which has not been proven.

SECTION 9. Obstructing nccess to evidence or uttering,

destroying, or conceafing evidence. — A lawyer shall not obstruct
another lawyer's access to evidence during trial, including testimonial
evidence, or alter, destroy, or conceal evidence.

SECTION 10. Coztduct in the presentation of a witness. — A

lawyer shall avoid all forms of impropriety when presenting or
confronting a witness.

A lawyer shall not coach, abuse, discriminate against, or harass

any witness, in or out of the court, tribunal, or other government
agency, or talk to a witness during a break or recess in the trial, while
a witness is still under examination. Neither shall a lawyer direct,
assist, or abet any misrepresentation or falsehood by a witness.

SECTION 11. Fatse representations or statements; dffty to

correct. — A lawyer shall not make false representations or
statements. A lawyer shall be liable for any material damage caused
by such false representations or statements.

A lawyer shall not, in demand letters or other similar

correspondence, make false representations or statements, or impute
civil, criminal, or administrative liability, without factual or legal
basis.
 10 A.M. No. 22-09-01-SC

A lawyer shall correct false or inaccurate statements and

information made in relation to an application for admission to the bar,
any pleadins. •• Billy Other document required by or submitted to the
court, tribunal or agency, as soon as its falsity or inaccuracy is
discovered or made known to him or her.

SECTION 12. Duty to Feport dishonest, deceitful, or

misleading conduct. — A lawyer shall immediately inform a court,
tribunal, or other government agency of any dishonest, deceitful or
misleading conduct related to a matter being handled by said lawyer
before such court, tribunal, or other government agency.

A lawyer shall also report to the appropriate authority any

transaction or unlawful activity that is required to be reported under
relevant laws, including the submission of covered and suspicious
transactions under regulatory laws, such as those concerning anti-
money laundering. When disclosing or reporting the foregoing
information to the appropriate court, tribunal, or other government
agency, the lawyer shall not be deemed to have violated the lawyer's
duty of confidentiality.

Any such information shall be treated with strict conlidentiality.

A baseless report shall be subject to civil, criminal, or

administrative action.

SECTION 13. Imputiition of a misconduct, impropriety, or

crime without basis. — A lawyer shall not, directly or indirectly,
impute to or accuse another lawyer of a misconduct, impropriety, or a
crime in the absence of factual or legal basis.

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

filed, or assist in the filing of frivolous or baseless administrative, civil,
or criminal complaints against another lawyer.

SECTION 14. RemeJy for grievances; insinuation of improper

motive. — A lawyer shall submit grievances against any officer of a
court, tribunal, or other government agency only through the
appropriate remedy and before the proper authorities.

Statements insinuating improper motive on the part of any such

officer, which are not supported by substantial evidence, shall be
ground for disciplinary action.
 11 A.M. No. 22-09-01-SC

SECTION 15. Improper chiim of influence or faniiliiirity.

A lawyer shall observe propriety in all dealings with officers and
personnel of any court, tribunal, or other government agency, whether
personal or professional. Familiarity with such officers and personnel
that will give rise to an appearance of impropriety, influence, or favor
shall be avoided.

A lawyer shall not make claims of power, influence, or

relationship with any officer of a court, tribunal, or other government
agency.

SECTION 16. Duty to report life-threatening situations. — A

lawyer who has reasonable grounds to believe that a life-threatening
situation is likely to develop in relation to any proceeding in any court,
tribunal, or other government agency shall immediately report the
same to the proper authorities.

SECTION 17. hon-salicitation nnJ impermissible

advertisement. — A lawyer shall not, directly or indirectly, solicit, or
appear to solicit, legal business.

A lawyer shall not, directly or indirectly, advertise legal

services on any platform or media except with the use of dignified,
verifiable, and factual information, including biographical data,
contact details, fields of practice, services offered, and the like, so as
to allow a potential client to make an informed choice. In no case
shall the permissible advertisement be self-laudatory.

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

or give any benefit or consideration to any media practitioner, award-
giving body, professional organization, or personality, in anticipation
of, or in return for, publicity or recognition, to attract legal
representation, service, or retainership.

SECTION 18. Prohibition against self-promotion. — A

lawyer shall not make public appearances and statements in relation to
a terminated case or legal matter for the purpose of self-promotion,
self- aggrandizement, or to seek public sympathy.

SECTION 19. Tel›-jffdice role. — A lawyer shall not use any

forum or medium to comment or publicize opinion pertaining to a
pending proceeding before any court, tribunal, or other government
agency that may:

(a) cause a pre-judgment, or

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

(b) sway public perception so as to impede, obstruct, or

influence the decision of such court, tribunal, or other
government agency, or which tends to tarnish the court's
or tribunal's integrity, or

(c) impute improper motives against any of its members, or

(d) create a widespread perception of guilt or innocence

before a final decision.

SECTION 20. Disclosure nf relationship ar connection. — A

lawyer shall, at the first available opportunity, formally disclose on
record the lawyer's relationship or connection with the presiding officer
of any court, tribunal, or other government agency, or any of its
personnel, or the lawyer’s partners, associates, or clients, that may serve
as a ground for mandatory inhibition in any pending proceeding before
such court, tribunal, or other government agency.

SECTION 21. Prohibition against gift-giving and Jonnlions.

— A lawyer shall not, directly or indirectly, giVe b!“>s, donations,
contributions of any value or sort, on any occasion, to any court,
tribunal or government agency, or any of its officers and personnel.

SECTION 22. to undue advantage of ignorance of the law.

— A lawyer shall not take advantage of a non-lawyer's lack of
education or knowledge of the law.

SECTION 23. Instituting multiple cases,- forum shopping. —

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

A lawyer shall not institute or advise the client to institute

multiple cases to gain leverage in a case, to harass a party, to delay
the proceedings, or to increase the cost of litigation.

SECTION 24. Encroiiching or interfei•ing in another lawyer's

engagement; exception. — A lawyer shall not, directly or indirectly,
encroach upon or interfere in the professional engagement of another
lawyer.

This includes a lawyer's attempt to communicate, negotiate, or

deal with the person represented by another lawyer on any matter,
 13 A.M. No. 22-09-01-SC

whether pending or not in any court, tribunal, body, or agency, unless

when initiated by the client or with the knowledge of the latter's
lawyer.

A lawyer, however, may give proper advice and assistance to

anyone seeking relief against perceived unfaithful or neglectful
counsel based on the Code.

SECTION 25. Responsibility of n solo practitioner. — A

lawyer in solo practice shall ensure that all matters requiring such
lawyer's professional skill and judgment are promptly and
competently addressed.

SECTION 26. Definition of o law firm,- choice of firm name.

— A law firm is any private office, partnership, or association,
exclusively comprised of a lawyer or lawyers engaged to practice law,
and who hold themselves out as such to the public.

In the choice of a firm name, no false, misleading, or assumed

name shall be used. The continued use of the name of a deceased,
incapacitated, or retired partner is permissible provided that the firm
indicates in all its communications that said partner is deceased,
incapacitated, or retired.

SECTION 27. Partner who assffmes public office. — When a

partner assumes public office, such partner shall withdraw from the
firm and such partner's name shall be removed from the finn name,
unless allowed by law to practice concurrently.

SECTION 28. Dignified government service. — Lawyers in

government service shall observe the standard of conduct under the
CPRA, the Code of Conduct and Ethical Standards for Public
Officials and Employees, and other related laws and issuances in the
performance of their duties.

Any violation of the CPRA by lawyers in government service

shall be subject to disciplinary action, separate and distinct from
liability under pertinent laws or rules.

SECTION 29. Lawyers formerly in government service. — A

lawyer who has left government service shall not engage in private
practice pertaining to any matter before the office where he or she
used to be connected within a period of one (1) year from his or her
separation from such office. Justices, judges, clerks of court, city,
provincial, and regional prosecutors shall not appear before any court
 14 A.M. No. 22-09-01-SC

within the territorial jurisdiction where they previously served within

the same period.

After leaving government service, a lawyer shall not accept an

engagement which could improperly influence the outcome of the
proceedings which the lawyer handled or intervened in, or over which
the lawyer previously exercised authority, while in said service.

SECTION 30. to financial interest in transnctions,• no gifts.

— A lawyer in government shall not, directly or indirectly, promote
or advance his or her private or financial interest or that of another, in
any transaction requiring the approval of his or her office. Neither
shall such lawyer solicit gifts or receive anything of value in relation
to such interest.

Such lawyer in government shall not give anything of value to,

or otherwise unduly favor, any person transacting with his or her
office, with the expectation of any benefit in return.

SECTION 31. Prosecution of criminal crises. — 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 cause for
disciplinary action.

The obligations of a public prosecutor shall also be imposed

upon lawyers in the private practice who are authorized to prosecute
under the direct supervision and control of the public prosecutor.

SECTION 32. Lawyers in the academe. — A lawyer serving

as a dean, administrative officer, or faculty member of an educational
institution shall at all times adhere to the standards of behavior
required of members of the legal profession under the CPRA,
observing propriety, respectability, and decorum inside and outside
the classroom, and in all media.

SECTION 33. Conflict of interest fOF lawyers in the acndenie.

— A lawyer serving as a dean, administrative officer, or faculty
member of an educational institution shall disclose to the institution
any adverse interest of a client.
 15 A.M. No. 22-09-01-SC

Upon discovery of any adverse interest of the lawyer's client

which directly affects any student who 1s under his or her direct
supervision and guidance, the lawyer shall likewise disclose the same
to the institution.

SECTION 34. Paralegal services; In Dyer's responsibility. — A

paralegal is one who performs tasks that require familiarity with legal
concepts, employed or retained by a lawyer, law office, corporation,
governmental agency, or other entity for non-diagnostic and non-
advisory work in relation to legal matters delegated by such lawyer,
law office, corporation, governmental agency, or other entity.

A lawyer must direct or supervise a paralegal in the

performance of the latter's delegated duties.

The lawyer's duty of confidentiality shall also extend to the

services rendered by the paralegal, who is equally bound to keep the
privilege.

SECTION 35. hon-defegable legal tasks. — A lawyer shall not

delegate to or permit a non-lawyer, including a paralegal, to:

(a) accept cases on behalf of the lawyer;

(b) give legal advice or opinion;

(c) act independently without the lawyer's supervision or

direction;

(d) to hold himself or herself out as a lawyer, or be named in

association with a lawyer in any pleading or submission
to any court, tribunal, or other government agency;

(e) appear in any court, tribunal, or other government agency,

or actively participate in formal legal proceedings on
behalf of a client, except when allowed by the law or rules;

conduct negotiations with third parties unless allowed in

administrative agencies, without a lawyer's supervision
or direction;

(8) sign correspondence containing a legal opinion; and

 16 A.M. No. 22-09-01-SC

(h) perform any of the duties that only lawyers may undertake.

These provisions shall not apply to law student practitioners

under Rule 138-A of the Rules of Court.

RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer shall uphold the dignity of the legal profession in all social media
interactions in a manner that enhances the people's confidence in the legal system,
as well as promote its responsible use.

SECTION 36. Responsible use. — A lawyer shall have the duty to

understand the benefits, rislcs, and ethical implications associated with the
use of social media.

SECTION 37. Online posts. — A lawyer shall ensure that his or her
online posts, whether made in a public or restricted privacy setting that still
holds an audience, uphold the dignity of the legal profession and shield it
from disrepute, as well as maintain respect for the law.

SECTION 38. hon-posting of false or uiiverifieJ statements,

disinfornnition. — A lawyer shall not knowingly or maliciously post, share,
upload or otherwise disseminate false or unverified statements, claims, or
commit any other act of disinformation.

SECTION 39. Prohibition against fraudulent iiccoents. — A lawyer

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.

SECTION 40. hon-disclosure of privilegeJ information /Jtrougli

online posts. — A lawyer shall not reveal, directly or indirectly, in his or her
online posts confidential information obtained from a client or in the course
of, or emanating from, the representation, except when allowed by law or
the CPRA.

SECTION 41. Duty to safeguard client confiJences in socicf media.

— A lawyer, who uses a social media account to communicate with any
other person in relation to client confidences and information, shall exert
efforts to prevent the inadvertent or unauthorized disclosure or use of, or
unauthorized access to, such an account.

SECTION 42. Prohibition against influence through social nieJia.

— A lawyer shall not communicate, whether directly or indirectly, with an
 17 A.M. No. 22-09-01-SC

officer of any court, tribunal, or other government agency through social

media to influence the latter's performance of official duties.

SECTION 43. Legal inforni‹ition; legal nJvice. — Pursuant to a

lawyer's duty to society and the legal profession, a lawyer may provide
general legal information, including in answer to questions asked, at any fora,
through traditional or electronic means, in all forms or types of mass or social
media.

A lawyer who gives legal advice on a specific set of facts as disclosed

by a potential client in such fora or media dispenses Limited Legal Service
and shall be bound by all the duties in the CPRA, in relation to such Limited
Legal Service.

SECTION 44. Online posts that COHIJ violate coziJicf of interest.

A lawyer shall exercise prudence in malting posts or comments in social media
that could violate the provisions on conflict of interest under the CPRA.

CANON III
FIDELITY

Fidelity pertains to a lawyer's duty to uphold the Constitution and the laws
of the land, to assist in the administration of justice as an officer of the court, and
to advance or defend a client's cause, with full devotion, genuine interest, and zeal
in the pursuit of truth and justice.

SECTION 1. Practice of hiw. — The practice of law is the

rendition of legal service or performance of acts or the application of
law, legal principles, and judgment, in or out of court, with regard to
the circumstances or objectives of a person or a cause, and pursuant to
a lawyer-client relationship or other engagement governed by the
CPRA. It includes employment in the public service or private sector
and requires membership in the Philippine bar as qualification.

SECTION 2. The responsible and accountable lawyer. — A

lawyer shall uphold the constitution, obey the laws of the land,
promote respect for laws and legal processes, safeguard human rights,
and at all times advance the honor and integrity of the legal
profession.

As an officer of the court, a lawyer shall uphold the rule of law

and conscientiously assist in the speedy and efficient administration of
justice.
 18 A.M. No. 22-09-0 I -SC

As an advocate, a lawyer shall represent the client with fidelity

and zeal within the bounds of the law and the CPRA.

SECTION 3. Lawyer-client refationship. — A lawyer-client

relationship is of the highest fiduciary character. As a trust relation, it
is essential that the engagement is founded on the confidence reposed
by the client on the lawyer. Therefore, a lawyer-client relationship
shall arise when the client consciously, voluntarily and in good faith
vests a lawyer with the client's confidence for the purpose of
rendering legal services such as providing legal advice or
representation, and the lawyer, whether expressly or impliedly, agrees
to render such services.

SECTION 4. Autliority Df lawyer IO biztd client. — A lawyer

can bind a client in a legal engagement only when so authorized through
a written agreement. The lawyer, however, cannot compromise a
client's litigation, or receive anything in discharge of a client's claim,
without a special power of attorney for such purpose.

SECTION 5. Afftllorit J af lawyer to ‹ippenr. — A lawyer is

presumed to be properly authorized to represent any cause in which he
or she appears, and no written power of attorney is required to authorize
him or her to appear in court for the client.

The court, tribunal, or other government agency may, on its

own initiative or on motion of either party, on just cause, require a
lawyer to produce or prove the authority to appear on behalf of the
client.

SECTION 6. Fiduciary July of n lawyer. — A lawyer shall be

mindful of the trust and confidence reposed by the client.

To this end, a lawyer shall not abuse or exploit the relationship

with a client.

SECTION 7. Prohibition against frivolous suits and abuse of

court processes. — A lawyer shall not:

(a) file or encourage the filing of any suit or proceeding not

authorized by law or jurisprudence and without any
evidentiary support;

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

which is warranted; or

(c) abuse court processes.

 19 A.M. No. 22-09-01-SC

SECTION 8. Lawyer's duty to encourage settlement. — A

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

To this end, the lawyer shall actively assist the parties and the
court, tribunal, or other government agency to effect mediation and/or
dispute resolution.

SECTION 9. Duty to caff client to rectify frnffdulent act. —

A lawyer who receives information that a client has, in the course of
the representation, perpetrated a fraud in relation to any matter subject
of the representation before a court, tribunal, or other government
agency, or against any officer thereof, shall promptly call upon the
client to rectify the same. Such fraudulent act on the part of the client
shall be a ground for the termination by the lawyer of the engagement.

SECTION 10. Responsibility over a suboFdinnte lawyer,

fiaralegal, or employee. — A lawyer or law firm shall be responsible
for the mistakes, negligence, and/or acts or omissions of a subordinate
lawyer, paralegal, or employee under the lawyer's direct supervision
and control, who is acting within the scope of the assigned tasks, that
cause damage or injury which brings dishonor to the profession or
violates the rule on confidentiality.

However, such liability of the supervising lawyer does not

attach upon proof of exercise of diligence of a good parent of a family
in the selection and supervision of subordinate lawyer, paralegal, or
employee.

SECTION 11. Responsibility of a supervisory l‹iwyer over a

supervised lnwyer. — A supervisory lawyer shall co-sign a pleading
or other submission to any court, tribunal, or other government
agency with a supervised lawyer. A supervisory lawyer shall be
responsible for a violation of the CPRA by the supervised lawyer in
any of the following instances:

(a) the supervisory lawyer orders or directs the specific

conduct or, with knowledge of the specific conduct,
ratifies it; or

(b) the supervisory lawyer knows of such conduct at a time

when it could be prevented or its consequences avoided
or mitigated, but fails to take reasonable remedial action;
or
 20 A.M. No. 22-09-01-SC

(c) the supervisory lawyer should have known of the

conduct so that reasonable remedial action could have
been taken at a time when the consequences of the
conduct could have been avoided or mitigated.

A supervisory lawyer is a lawyer having direct supervisory

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

SECTION 12. Responsibilities of a sMpervised lnwyer. — A

supervised lawyer acting under the direction of the supervising
lawyer, managing partner, or other partners of the firm is nevertheless
bound by the CPRA.

SECTION 13. Conflict of interest. — A lawyer shall not

represent conflicting interests except by written informed consent of all
concerned given after a full disclosure of the facts.

There is conflict of interest when a lawyer represents

inconsistent or opposing interests of two or more persons. The test is
whether in behalf of one client it is the lawyer's duty to fight for an
issue or claim, but which is his or her duty to oppose for the other
client.

SECTION 14. Prohibition ngninst conflict-of-interest

representation,- current clients. — In relation to current clients, the
following rules shall be observed:

(a) A lawyer shall not enter into a business transaction with a

client or knowingly acquire an ownership, possessory,
security, or other pecuniary interest adverse to a client
unless:

(1) it is shown that the transaction and terms on which

the lawyer acquires the interest are fair and
reasonable to the client and are fully disclosed and
transmitted in writing in a manner that can be
reasonably understood by the client;

(2) the client is advised in writing of the desirability of

seeking, and is given a reasonable opportunity to
seek, the advice of another independent lawyer on
the transaction; and

(3) the client gives written informed consent to the

essential terms of the transaction and the lawyer's
 21 A.M. No. 22-09-01-SC

role in the transaction, includlng whether the lawyer

is representing the client in the transaction.

(b) A lawyer shall not use confidential information relating

to representation of a client without the client's written
informed consent, except as permitted or required by law
or the CPRA.

(c) A lawyer shall not, by undue influence, acquire any

substantial gift from a client, including a testamentary
gift, or prepare on behalf of a client an instrument giving
the lawyer such gift, directly or indirectly.

(d) Unless with the written informed consent of the client

and subject to the application of the suh judice rule, a
lawyer shall not maize or negotiate an agreement giving the
lawyer literary or media rights to a portrayal or account
based in substantial part on information relating to the
representation.

(e) A lawyer shall not accept compensation for representing

a client from any person other than the client, unless:

(1) the client gives written informed consent;

(2) there is no interference with the lawyer's

independence or professional judgment or with the
lawyer-client relationship; or

(3) the information relating to representation of a

client is protected as required by the rule on
privileged communication.

A lawyer, who represents two or more clients in the same

case, in case there is a settlement or plea-bargaining,
shall disclose to all the clients the existence and nature of
all the claims or pleas involved and the participation of
each client in the settlement or plea-bargaining.

(g) A lawyer shall avoid testifying in behalf of the client,

except:
 22 A.M. No. 22-09-01-SC

(1) on formal matters, such as the mailing,

authentication or custody of an instrument, and the
lilce; or

(2) on substantial matters, in cases where the

testimony is essential to the ends ofjustice, in
which event the lawyer must, during the
testimony, entrust the trial of the case to another
counsel.

SECTION 15. Conflict of interest of a lawyer hired by a lnw

firm. — When a lawyer joins a law firm, it shall be the duty of the
lawyer to disclose to the law firm, at the earliest possible opportunity,
his or her previous clients that may have a potential conflict of interest
with the current clients of the law firm. If there is a potential conflict
of interest, the lawyer shall not act on the case or cases of the affected
current client.

SECTION 16. Prohibition against dating, romantic, or sexunl

relations with a client. — A lawyer shall not have dating, romantic, or
sexual relations with a client during the engagement, unless the
consensual relationship existed between them before the lawyer-client
relationship commenced.

SECTION 17. Prohibition against conflict-of-interest

representation; prospective clients. — In relation to prospective
clients, the following rules shall be observed:

(a) A lawyer shall, at the earliest opportunity, ascertain the

existence of any conflict of interest between a prospective
client and current clients, and immediately disclose the
same if found to exist.

In case of an objection by either the prospective or

current client, the lawyer shall not accept the new
engagement.

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

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

SECTION 18. Prohibition against conflict-of-interest

representation; former clients. — In relation to former clients, the
following rules shall be observed:
 23 A.M. No. 22-09-01-SC

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

former client even after the termination of the
engagement, except upon the written informed consent of
the former client, or as otherwise allowed under the
CPRA or other applicable laws or regulations, or when
the information has become generally known.

(b) A lawyer shall not use information relating to the former

representation, except as the CPRA or applicable laws
and regulations would permit or require with respect to a
current or prospective client, or when the information has
become generally known.

(c) Unless the former client gives written informed consent,

a lawyer who has represented such client in a legal matter
shall not thereafter represent a prospective client in the
same or related legal matter, where the prospective
client's interests are materially adverse to the former
client's interests.

SECTION 19. Corporate lawyers; conflict of interest. — In

relation to organizational clients, a lawyer who represents a
corporation or any organization does not, by virtue of such
representation, necessarily represent any constituent or affiliated
organization, such as a parent or subsidiary.

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

member of its board of directors or trustees, shall determine whether
the responsibilities of the two roles may conflict. In the event of the
latter, the lawyer shall disclose the conflict of interest to all concerned
parties.

SECTION 20. Legnl services organization; conflict of interest.

— A legal services organization is any private organization, including
a legal aid clinic, partnership, association, or corporation, whose
primary purpose is to provide free legal services.

A lawyer-client relationship shall arise only between the client

and the handling lawyers of the legal services organization. All the
lawyers of the legal services organization who participated in the
handling of a legal matter shall be covered by the rule on conflict of
interest and confidentiality.

SECTION 21. Lawyers in government service; conflict of

interest. — A lawyer currently serving in the government shall not
 24 A.M. No. 22-09-U1-SC

practice law privately, unless otherwise authorized by the

Constitution, the law or applicable Civil Service rules and
regulations. If allowed, private practice shall be upon the express
authority of the lawyer's superior, for a stated specified purpose or
engagement, and only during an approved leave of absence. I-
However, the lawyer shall not represent an interest adverse to the
government.

SECTION 22. Public Attorney's Office,• conflict of interest. —

The Public Attorney’s Office is the primary legal aid service office of
the government. In the pul‘suit of its mandate under its charter, the
Public Attorney's Office shall ensure ready access to its services by the
marginalized sectors of society in a manner that takes into consideration
the avoidance of potential conflict of interest situations which will leave
these marginalized parties unassisted by counsel.

A conflict of interest of any of the lawyers of the Public

Attorney's Office incident to services rendered for the Office shall be
imputed only to the said lawyer and the lawyer's direct supervisor.
Such conflict of interest shall not disqualify the rest of the lawyers from
the Public Attorney's Office from representing the affected client, upon
full disclosure to the latter and written informed consent.

SECTION 23. Amicus curiae. — A lawyer shall not decline,

without just cause, a request by any court, tribunal, or other
government agency to act as anifCtfs curiae in any proceeding
relating to the lawyer's expertise or field of specialization.

SECTION 24. Active involvement in legal 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 schools as well as in the practical training
of law students.

In addition, a lawyer shall assist the Integrated Bar of the

Philippines (IBP), law schools, law alumni associations, law
associations, or civic organizations, in educating the public on the law
and jurisprudence.

The IBP Chapters shall provide supervising lawyers to the legal

aid clinics in their jurisdiction.

SECTION 25. Support for legal internship, apprenticeship,

rind training. — To prepare the next generation of lawyers for ethical
practice, lawyers shall support legal internship and apprenticeship
programs and accept law students for training.
 25 A.M. No. 22-09-01-SC

The lawyer shall treat the apprentices as junior colleagues and

future counsels, and shall conscientiously supervise them.

SECTION 26. Prompt payment of membership d u e s —. A

lawyer shall promptly pay the annual membership dues in the IBP,
unless expressly exempt from such payment by law or rules.

SECTION 27. Confidentiality of privileged communication.

— A lawyer shall maintain the confidences of the client, and shall
respect data privacy laws. The duty of confidentiality shall continue
even after the termination of the lawyer-client engagement.

SECTION 28. Profecting client confidences. — A lawyer

shall not reveal the confidences of the client, including data from the
client's files, except;

(a) When a written informed consent is obtained from the

client;

(b) When required by law, such as anti-money laundering

statutes, or the Rules of Court;

(c) To the extent necessary, to collect the lawyer's fees;

(d) In defense of the lawyer, or the lawyer's employees or

associates; or

(e) By judicial order, but only if material.

SECTION 29. Duty of confidentiality by former lawyers of n

law firm. — A lawyer shall continue to be bound by the rule on
confidentiality pertaining to clients of his or her previous law office or
law firm.

SECTION 30. Duty of confidentiality of members of a law

firm. — A lawyer may disclose the legal matters entrusted by a client
of the firm to the partners and associates, as well as paralegals, legal
assistants, law clerks, legal researchers, law interns, and other non-legal
staff, who are or will be involved in the handling of the client's
account, unless expressly prohibited by the client.
 26 A.M. No. 22-09-01-SC

A lawyer directly entrusted with a client's confidences shall

adopt necessary measures to prevent other’ members of the law firm,
both legal and non-legal, to whom the client's confidences have been
shared, from disclosing or using them, without the written informed
consent of the client.

SECTION 31. Prohibition against Jfia/ disclosure. — A

lawyer shall not discuss a client's confidences even with family
members.

SECTION 32. hon-disclosffre of legal consultation. — A

lawyer shall not reveal that he or she has been consulted about a
particular case except to avoid possible conflict of interest.

SECTION 33. Foreign lawyers. — Foreign lawyers cannot,

directly or indirectly, practice law in the Philippines.

SECTION 34. Active participation in the development of the

legal prafession. — A lawyer shall participate in the development of
the legal system by initiating or supporting efforts in law reform, the
improvement of the administration ofjustice, strengthening the
judicial and legal system, and advocacies in areas of special concern
such as the environment, indigenous peoples' rights, human rights,
access to justice, and good governance.

SECTION 35. Limited Legal Services. — Limited Legal

Services refer to services for a specific legal incident, with the
expectation by the lawyer and the client that the lawyer will not
provide continuing legal services in the matter. This includes being
appointed as counsel de o//icio only for arraignment purposes or
special appearances to make any court submission, to give advice, to
draft legal documents, to provide legal assistance before courts or
administrative bodies, and the like.

In all instances, the lawyer shall state that the service being
rendered is in the nature of Limited Legal Services.

A lawyer who renders Limited Legal Services shall be entitled to

compensation as may be agreed upon or provided by the Rules of Court.

SECTION 36. Pro bono Limited Legal Services. — A lawyer

appointed by the court as counsel de officio shall not refuse to render
Limited Legal Services yz o bono on the ground of convict of interest.
Instead, the lawyer shall disclose to all affected parties such conflict
of interest.
 27 A.M. No. 22-09-01-SC

In any case, the lawyer may not refuse to render such pro bono
legal services to the person concerned if only to the extent necessary
to safeguard the latter's fundamental rights and not to deprive such
person of remedies available under the law or rules.

A lawyer currently serving in the government shall not be exempt

from pro bono service and may be appointed by any court, tribunal, or
other government agency as counsel dc officio, unless prohibited by
law, or the applicable Civil Service rules and regulations, or when there
is a conflict of interest with the government.

SECTION 37. Duty of confidentiality iit Limited Legal

Services. — A lawyer who provides Limited Legal Services must
protect the client's private confidences to the same extent as if
engaged under regular terms.

SECTION 38. Termination uf Limited Legal Services.

Unless governed by Canon III, Section 36, a lawyer must cease to
provide Limited Legal Services to a client when the lawyer becomes
aware that there may be an actual or potential conflict of interest,
except with the written informed consent of the client.

In all cases, the Limited Legal Services terminates upon the

completion of such services.

SECTION 39. limited Legal Services of Mw Stffdent

practitioners. — The Limited Legal Services rendered by a law
student practitioner under the Clinical Legal Education Program shall
be governed by the CPRA.

SECTION 40. Accountability of legal clinic Jirector rind

su¿iervising lawyer. — A law student clinic director and supervising
lawyer, under Rule 138-A of the Rules of Court shall provide
meaningful training to law students. They shall assume responsibility
for any work performed by the law student while under their
supervision and shall comply with all the laws, rules, and guidelines
pertaining to Law Student Practice.

SECTION 41. Fair and reasonable fees. — A lawyer shall

charge only fair and reasonable fees.

Attorney's fees shall be deemed fair and reasonable if

determined based on the following factors:
 28 A.M. No. 22-09-01-SC

(a)
The time spent and the extent of the service rendered or
required;

(b)
The novelty and difficulty of the issues involved;

(c)
The skill or expertise of the lawyer, including the level of
study and experience required for the engagement;

(d)
The probability of losing other engagements as a result of
acceptance of the case;

(e)
The customary charges for similar services and the
recommended schedule of fees, which the IBP chapter
shall provide;

The quantitative or qualitative value of the client's interest

in the engageicent, or the benefits resulting to the client
from the service;

(8) The contingency or certainty of compensation;

(h) The character of the engagement, whether limited,

seasonal, or otherwise; and

(i) Other analogous factors.

SECTION 42. Division of fees ation referral. — A lawyer

shall, in case of referral of legal services in favor of another lawyer
with the written informed consent of the client, be entitled to a
division of fees in proportion to the work performed and
responsibility assumed.

Where a lawyer undertalces to complete unfinished legal business

of a deceased lawyer, a division or sharing of fees is allowed with the
deceased lawyer's legal heirs or estate.

SECTION 43. Non-Sharing of fees with non-lawyers. — A

lawyer shall not share, split, or divide or stipulate to divide, directly or
indirectly, a fee for legal services with persons or organizations not
licensed or authorized to practice law.

SECTION 44. Payment of conipens ition by thiFJ pnrty. — A

lawyer shall not receive any fee, reward, costs, commission, interest,
rebate or forwarding allowance or other compensation from anyone
 29 A.M. No. 22-09-01-SC

other than the client, except upon the written informed consent of such
client.

Receipt of corripensation from someone other than the client

must not interfere with the lawyer's independence, professional
judgment, or the lawyer-client relationship. Neither should
information relating to representation of a client be disclosed in
violation of the rule on privileged communication.

SECTION 45. Prompt p‹iyment of legal fees. — A lawyer is

entitled to prompt payment from the client of attorney's fees.

Absent an express agreement as to professional fees, a lawyer is

entitled to be paid reasonable attorney's fees in accordance with Canon
III, Section 41.

SECTION 46. Controversy over legal fees. — A lawyer shall

avoid any controversy with a client concerning fees for legal services
and shall resort to judicial action solely to prevent imposition,
injustice or fraud.

SECTION 47. EnfoFcement of iittorney's lien. — In case of

non-payment of attorney's fees, a lawyer may resort to the
enforcement of the attorney’s lien under Canon III, Section 54, by
filing a Notice of Enforcement of Attorney's Lien with the court,
tribunal, or other government agency of origin where the action or
proceeding the lawyer rendered service for is pending, without
prejudice to other remedies under the law or the Rules of Court. The
Notice shall be accompanied by proof of the services rendered, and
served on the client. The court, tribunal, or other government agency,
after hearing, shall determine the lawyer's entitlement to the claimed
fees.

The enforcement of an attorney's lien shall be treated as an

independent claim and shall in no instance delay the resolution of the
main case. The resolution of the lawyer's claim may be included in the
main judgment or in a separate partial judgment. In the case of a
partial judgment, the same shall be subject of appeal.

An appeal in the main case shall not stay the execution of the
lawyer's lien. In the execution of the judgment in the main case, the
court shall give due consideration to the pending claim of the lawyer.

If the claim for attorney's lien arises after a decision has been
rendered by the court, trlbunal, or other government agency of origin
 30 A.M. No. 22-09-01-SC

on the action or proceeding, the claim for the enforcement of the lien
shall be by an independent action.

SECTION 48. Compensation for counsel de o cio. — Subject

to availability of funds as may be provided by law, the court may, in its
discretion, order a lawyer engaged as counsel de oJcio to be
compensated in such sure as the court may fix following Canon III,
Section 41, provided that it is not covered by the provision on Limited
Legal Services.

SECTION 49. Accounting during engagement. — A lawyer,

during the existence of the lawyer-client relationship, shall account for
and prepare an inventory of any fund or property belonging to the client,
whether received from the latter or from a third person, immediately
upon such receipt.

When funds are entrusted to a lawyer by a client for a specific

purpose, the lawyer shall use such funds only for the client's declared
purpose. Any unused amount of the entrusted funds shall be promptly
returned to the client upon accomplishment of the stated purpose or
the client's demand.

SECTION 50. Separate funds. — A lawyer shall keep the

funds of the clients separate and apart from his or her own and those
of others kept by the lawyer.

SECTION 51. PFohibition against acquiring interest in object

of litigation or triins‹iction. — A lawyer shall not acquire, directly or
indirectly, a proprietary interest in the property or rights which is the
object of any litigation or transaction in which the lawyer may take part
by virtue of the profession.

SECTION 52. Prohibition or lending and borrow'ing;

exceptions. — During the existence of the lawyer-client relationship, a
lawyer shall not lend money to a client, except under urgent and
justifiable circumstances. Advances for professional fees and
necessary expenses in a legal matter the lawyer is handling for a client
shall not be covered by this rule.

Neither shall a lawyer borrow money from a client during the

existence of the lawyer-client relationship, unless the client's interests
are fully protected by the nature of the case, or by independent advice.
This rule does not apply to standard commercial transactions for
products or services that the client offers to the public in general, or
where the lawyer and the client have an existing or prior business
 A.M. No. 22-09-01-SC

relationship, or where there is a contract between the lawyer and the

client.

SECTION 53. Termination of engagement by the lawyer. — A

lawyer shall terminate the lawyer-client engagement only for good
cause and upon written notice, in any of the following cases:

(a) When the client pursues an illegal or immoral course of

conduct in connectlon with the engagement;

(b) When the client insists that the lawyer pursue conduct
that is violative of these Canons and rules;

(c) When the lawyer's inability to work with a co-counsel

will not promote the best interest of the client;

(d) When the moral predisposition or the mental or physical

condition of the lawyer renders it difficult to carry out
the engagement effectively;

(e) When the client deliberately fails to pay the fees for the
lawyer's services, fails to comply with the retainer
agreement, or can no longer be found despite diligent
efforts;

When the lawyer is elected or appointed to public office;

(g) Other similar cases.

SECTION 54. Terminiition of engiigement by the client.

The lawyer-client engagement may be terminated by the client at any
time upon loss of trust and confidence.

The termination of the engagement shall not relieve the client

from full payment of all professional fees due to the lawyer. If the
engagement has been reduced to writing, the lawyer shall be entitled
to recover from the client the full compensation stipulated, unless
found by the court, tribunal or other government agency to be
unconscionable or unreasonable under Canon III, Section 41 of the
CPRA.

For the payment of the compensation, the lawyer shall have a

charging lien upon all judgments for the payment of money, and
 32 A.M. No. 22-09-01-SC

executions issued in pursuance of such judgment, rendered in the case

where the lawyer's services had been retained by the client.

SECTiON ss. rerminiition of engagement upon J e a t l i—. The

death of the lawyer or client shall terminate the lawyer-client
relationship. The death of such lawyer shall not extinguish the lawyer-
client engagement between the law firm and the client handled by
such law firm.

SECTION 56. Accounting and turn over upon termination of

engagement. — A lawyer who is discharged from or terminates the
engagement shall, subject to an attorney's lien, immediately render a
full account of and turn over all documents, evidence, funds, and
properties belonging to the client.

The lawyer shall cooperate with the chosen successor in the

orderly transfer of the legal matter, including all information
necessary for the efficient handling of the client's representation.

A lawyer shall have a lien upon the funds, documents, and

papers of the client which have lawfully come into his or her
possession and may retain the same until the fair and reasonable fees
and disbursements have been paid, and may apply such funds to the
satisfaction thereof.

CANON IV
COMPETENCE AND DILIGENCE

A lawyer professionally handling a client's cause shall, to the best of his or

her ability, observe competence, diligence, commitment, and skill consistent with
the fiduciary nature of the lawyer-client relationship, regardless of the nature of the
legal matter or issues involved, and whether for a fee or pro bono.

SECTION 1. Competent, efficient and conscientious service.

— A lawyer shall provide legal service that is competent, efficient,
and conscientious. A lawyer shall be thorough in research,
preparation, and application of the legal knowledge and skills
necessary for an engagement.

SECTION 2. Undertaking legal services; collaborating

counsel. — A lawyer shall only undertake legal services he or she can
deliver.

With the prior written consent of the client, a lawyer may

secure the services of a collaborating counsel.
 33 A.M. No. 22-09-0 I-SC

SECTION 3. Diligence anJ F•nctuality. — A lawyer shall

diligently and seasonably act on any legal matter entrusted by a client.

A lawyer shall be punctual in all appearances, submissions of

pleadings and documents before any court, tribunal or other
government agency, and all matters professionally referred by the
client, including meetings and other commitments.

SECTION 4. Diligence in all undertakings. — lawyer shall

observe diligence in all professional undertakings, and shall not cause
or occasion delay in any legal matter before any court, tribunal, or other
agency.

A lawyer shall appear for trial adequately familiar with the law,
the facts of the case, and the evidence to be presented. A lawyer shall
also be ready with the object and documentary evidence, as well as
the judicial affidavits of the witnesses, when required by the rules or
the court.

SECTION 5. Promyt nnJ objective nssessnsent of the merits.

— A lawyer shall, after reasonable inquiry, promptly give an objective
assessment of the merits and probable results of the client's case.

A lawyer shall explain the viable options to the client to enable

an informed decision regarding the matter.

SECTION 6. Duty to upJate the client. — A lawyer shall

regularly inform the client of the status and the result of the matter
undertaken, and any action in connection thereto, and shall respond
within a reasonable time to the client's request for information.

SECTION 7. Extension of time to file. — A lawyer shall avoid

asking for an extension of time to file any pleading, motion, or other
court submission, except when allowed by the Rules of Court or for
good cause.

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

period lapse without submitting the pleading, motion, or other court
submission, except upon the client's decision not to pursue the case
any further or for other justifiable cause.

SECTION 8. Lifelong learning. — A competent lawyer

engages in lifelong learning through the continued development of
professional skills.
 34 A.M. No. 22-09-01-SC

SECTION 9. Practice of law concurrent with nnotheF

pFofession. — A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall expressly
provide in the pertinent contract the nature of the services the lawyer
is engaged to perform.

The practice of another profession or occupation shall not

jeopardize such lawyer’s competence, integrity, probity, and
independence in rendering legal services.

SECTION 10. hon-legal aCtIVfties. — A lawyer who is engaged

in business or other non-legal profession shall likewise observe the
ethical duties and responsibilities of a lawyer under the CPRA.

CANON V
EQUALITY

Every lawyer shall adhere to the principle of equality and hold firmly the
belief that every person, regardless of nationality or ethnicity, color, sexual
orientation or gender identity, religion, disability, age, marital status, social or
economic status, and other like circumstances, has the fundamental right to equal
treatment and representation.

As such, the lawyer shall accord equal respect, attention, dedication and zeal
in advancing the client's cause, regardless of personal opinion, religious or political
beliefs pertaining on the personal circumstances of the client, except for justifiable
reasons.

SECTION 1. hon-Jiscrimination. — A lawyer shall not

decline to represent a person solely on account of the latter's
nationality or ethnicity, sexual orientation or gender identity, religion,
disability, age, marital status, social or economic status, political
beliefs, or such lawyer's or the public’s opinion regarding the guilt of
said person, except for justifiable reasons.

SECTION 2. Treatment of vulnerable persons. — In dealing

with a client who belongs to a vulnerable sector, a lawyer shall be
mindful and sensitive of, and consider the client's special
circumstances, as well as the applicable laws and rules.

The lawyer shall observe a higher standard of service suited to

the particular needs of the vulnerable person and shall assert such
person's right to meaningful access to justice.
 35 A.M. No. 22-09-01-SC

A vulnerable person is a person who is at a higher risk of harm

than others, and shall include children, the elderly, the homeless,
persons with disability, persons deprived of liberty, human rights
victims, victims of domestic violence, victims of armed conflict, those
who are socio-economically disadvantaged, those who belong to
racial or ethnic minorities, or those with debilitating physical or
mental conditions.

SECTION 3. Iniligent person. — A lawyer shall not refuse the

representation of an indigent person, except if:

(a) the lawyer is not in a position to carry out the work

effectively or competently due to a justifiable cause;

(b) the lawyer will be placed in a conflict-of-interest situation; or

(c) the lawyer is related to the potential adverse party, within

the sixth degree of consanguinity or affinity, or to the
adverse counsel, within the fourth degree.

An indigent is arty person who has no money or property

sufficient for food, shelter and other basic necessities for oneself and
one's family.

SECTION 4. Standard ofservice. — A lawyer shall observe

the same standard of service for all clients, regardless of
remuneration, except for the higher standard required for
representation of vulnerable persons.

CANON VI
ACCOUNTABILITY

By taking the Lawyer's Oath, a lawyer becomes a guardian of the law and an
administrator of justice. As such, the lawyer shall observe the highest degree of
morality, adhere to rigid standards of mental fitness, and faithfully comply with the
rules of the legal profession.

Failure to honor this covenant malces the lawyer unfit to continue in the
practlce of law and accountable to society, the courts, the legal profession, and the
client.

SECTION 1. Nature of Jiscipliiiary proceedings iigainst

lawyers. — Disciplinary proceedings against lawyers shall be
confidential in character and summary in nature.
 36 A.M. No. 22-09-01-SC

Nonetheless, the final order of the Supreme Court shaJl be

published like its decisions in other cases.

SECTION 2. How instituted. — Proceedings for the

disbarment, suspension, or discipline of lawyers may be commenced
by the Supreme Court on its own initiative, or upon the filing of a
verified complaint by the Board of Governors of the IBP, or by any
person, before the Supreme Court or the IBP. However, a verified
complaint against a government lawyer which seeks to discipline such
lawyer as a member of the Bar shall only be filed in the Supreme
Court.

A verified complaint filed with the Supreme Court may be

referred to the IBP for investigation, report and recommendation,
except when filed directly by the IBP, in which case, the verified
complaint shall be referred to the Office of the Bar Confidant or such
fact-finding body as may be designated.

Complaints for disbarment, suspension and discipline filed

against incumbent Justices of the Court of Appeals, Sandiganbayan,
Court of Tax Appeals and judges of lower courts, or against lawyers
in the judicial service, whether they are charged singly or jointly with
other respondents, and whether such complaint deals with acts
unrelated to the discharge of their official functions, shall be
forwarded by the IBP to the Supreme Court for appropriate
disposition under Rule 140, as amended.

SECTION 3. Contents afthe complaint. — The complaint

shall be verified. It shall state clearly and concisely the acts or
omissions complained of and shall be supported by judicial affidavits
of the witnesses and such other documents in support thereof.

If the verified complaint is filed before the IBP, six (6) copies
thereof shall be filed with the Secretary of the IBP or the Secretary of
any of its chapters, who shall forthwith transmit the same to the IBP
Board of Governors.

SECTION 4. List of Investigating Comniissioners,-

qualifications. — The IBP shall recommend to the Supreme Court
one hundred fifty (150) lawyers in good standing and repute, whom
the IBP shall proportionately select from its nine (9) regions. The IBP
may periodically recommend the adjustment of the number of
Investigating Commissioners to the Supreme Court according to the
existing caseload.
 37 A.M. No. 22-09-01-SC

The list, with the curriculum vitae of the recommended

lawyers, shall be submitted by the IBP within a month from the
effectivity of the Code.

Only those approved by the Supreme Cotirt may be designated

as Investigating Commissioners, who shall serve for a term of three
(3) years, unless sooner removed, replaced or resigned.

An updated list shall be submitted by the IBP to the Supreme

Court upon removal, replacement, or resignation of a lawyer
previously designated as Investigating Commissioner by the Supreme
Court.

All approved Investigating Commissioners shall take an oath of

office in the form prescribed by the IBP. A copy of the Investigating
Commissioner's appointment and oath shall be transmitted to the
Supreme Court.

SECTION 5. Assignment by raffle of Investigating

Commissioner. — The IBP Board of Governors shall assign by raffle
an Investigating Commissioner from among the lawyers approved by
the Supreme Court in the list submitted by the IBP or, when special
circumstances so warrant, a panel of three (3) Investigating
Commissioners, to investigate the complaint.

SECTION 6. Complaint against a government lnwyer.

When a complaint is filed against a government lawyer, the
Investigating Commissioner shall determine, within five (5) calendar
days from assignment by raffle, whether the concerned agency, the
Ombudsman, or the Supreme Court has jurisdiction. If the allegations
in the complaint touch upon the lawyer's continuing obligations under
the CPRA or if the allegations, assuming them to be true, make the
lawyer unfit to practice the profession, then the Investigating
Commissioner shall proceed with the case. Otherwise, the
Investigating Commissioner shall recommend that the complaint be
dismissed.

SECTION 7. Disqualificntion oflnvestigating Commissioner.

— An Investigating Commissioner shall, on his or her own initiative or
upon motion, recuse from acting as such on the grounds of relationship
within the fourth degree of consanguinity or affinity with any of the
parties or their counsel, professional legal relationship, pecuniary
interest, or where he or she has acted as counsel for either party, unless,
in the last instance, the parties sign and enter upon the record their
written consent.
 38 A.M. No. 22-09-01-SC

Where an Investigating Commissioner does not disqualify

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

SECTION 8. Duties of the investigating Coz zitissioner. —

The Investigating Commissioner shall investigate a complaint against
any member of the Integrated Bar, and thereafter submit a report
embodying the recommended action to the IBP Board of Governors,
within a total period not exceeding one hundred eighty (180) calendar
days, from assignment by raffle.

SECTION 9. Submissions atloweJ; verificiition. — The only

submissions allowed are the complaint, answer, and position papers,
all of which shall be verified.

A Certificate of Non-Forum Shopping shall accompany the

verified complaint.

An unverified complaint shall be recommended for outright

dismissal. An unverified answer or position paper shall not be
considered.

SECTION 10. PFOhibited submissions. — The following

submissions are prohibited:

(a) Motion to dismiss the complaint or petition, except on the

ground of lack of jurisdlction, litis pendentia oz res
judicata;

(b) Motion for a bill of particulars;

(c) Motion to reopen or for new trial;

(d) Petitlon for relief from judgment;

(e) Supplemental pleadings;

 39 A.M. No. 22-09-01-SC

(f) Motion for reconsideration of a judgment on the merits,

except a motion for reconsideration of an interlocutory
order or resolution.

SECTION 11. Lack of prima facie showing of liability;

outright dismissal. — Within fifteen (15) calendar days from
assignment by raffle, if the Investigating Commissioner finds no
prima facie showing of liability, the Investigating Commissioner shall
recommend the outright dismissal of the complaint to the Supreme
Court. The Supreme Court may adopt the recommendation and
dismiss the complaint outright. Otherwise, the Supreme Court shall
direct the Investigating Commissioner to conduct further proceedings.

SECTION 12. Effect of death of lawyer on ‹iJministrntive

disciplinary cases. — Disciplinary proceedings may not be instituted
against a lawyer who has died. If such proceedings have been
instituted notwithstanding the lawyer's death, the administrative case
against said lawyer shall be dismissed.

The death of the lawyer during the pendency of the case shall
cause its dismissal.

SECTION 13. Issiuince of summons. — Within fifteen (15)

calendar days from assignment by raffle, the Investigating
Commissioner shall issue the required summons, attaching thereto a
copy of the verified complaint and supporting documents, if any. The
summons shall require the respondent to file a verified answer.

SECTION 14. VerifieJ answer. — The answer shall be verified

and filed within thirty (30) calendar days from receipt of the summons.
The verified answer shall be accompanied by judicial affidavits of the
witnesses and such other documents in support thereof.

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

one extension of fifteen (15) calendar days to file the verified answer.

Two (2) copies of the verified answer shall be filed with the
Investigating Commissioner, with proof of service on the complainant
or the latter's counsel.

SECTION 15. fiimiissaf aftef aziswer. — If the Investigating

Commissioner finds that the complaint is not meritorious based on the
verified answer, the Investigating Commissioner shall recommend to
tfie Supreme Court the dismissal of the complaint. Otherwise, the
 40 A.M. No. 22-09-01-SC

Supreme Court shall direct the Investigating Commissioner to conduct

further proceedings.

SECTION 16. irrelevance of desistance, settlement,

compromise, restitution, withdrawal, or failure to prosecute. — No
investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same.

SECTION 17. Coeasel Je officio. — The IBP Board of

Governors shall appoint a suitable member of the Integrated Bar as
counsel de officio to assist the complainant or the respondent during
the investigation in case of need for such assistance.

SECTION 18. investigation. — Upon joinder of issues or upon

failure of the respondent to answer, the Investigating Commissioner
shall proceed with the investigation of the case. However, if despite
reasonable notice, the respondent fails to file an answer or appear, the
investigation shall proceed ex yarte. In both instances, the
investigation shall proceed with dispatch.

The respondent shall be given full opportunity to defend and be

heard, whether through counsel or not, and to present witnesses.

The Investigating Commissioner shall have the power to issue

subpoenae and administer oaths and affirmations in relation to the
conduct of the proceedings.

SECTION 19. InJirect contempt. — Willful failure or refusal

to obey a subpoena or any other lawful order issued by the
Investigating Commissioner shall be dealt with as indirect contempt of
court. The Investigating Commissioner shall require the alleged
contemnor to show cause within ten (10) calendar days from notice.
Upon receipt of the compliance or lapse of the period to comply, the
Investigating Commissioner may conduct a hearing, if necessary, in
accordance with the procedure set forth under Canon VI, Section 22
for hearings before the Investigating Commissioner. Such hearing
shall be terminated within fifteen (15) calendar days from
commencement. Thereafter, the Investigating Commissioner shall
submit a report and recommendation to the IBP Board of Governors
within a period of fifteen (15) calendar days from termination of the
contempt hearing.

Within thirty (30) calendar days from receipt of the

Investigating Commissioner's report and recommendation on the
contempt charge, the IBP Board of Governors, through a Resolution,
may either adopt,
 41 A.M. No. 22-09-01-SC

modify or disapprove the recommendation of the Investigating

Commissioner. The action of the IBP Board of Governors shall be
immediately executory.

The action of the IBP Board of Governors may be appealed to

the Supreme Court. The execution of the order of contempt shall not
be suspended, unless a bond is filed by the person adjudged in
contempt, in an amount fixed by the IBP Board of Governors,
conditioned upon compliance with and performance of the final action
in the contempt case, if decided against the contemnor.

SECTION 20. Submission of preliminnry confercnce briefs.

— Immediately upon receipt of the verified answer, the Investigating
Commissioner shall send a notice to the parties and counsels to
simultaneously file, within a non-extendible period of ten (10)
calendar days from receipt of the notice, their respective preliminary
conference briefs which shall contain the following:

(a) Admissions;

(b) Stipulation of facts;

(c) Definition of issues;

(d) Judicial affidavits and marked exhibits, accompanied by

the lawyer's certification that the attached documents are
the genuine or faithful reproductions of the original in his
or her custody or possession;

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

of the action.

SECTION 21. PreliminaF y conference order,- position pnpers.

— Within ten (10) calendar days from receipt of the preliminary
conference briefs, the Investigating Commissioner shall issue a
Preliminary Conference Order, on the basis of such briefs submitted
by the parties and counsels, summarizing the stipulated facts, issues
and marked exhibits.

The Investigating Commissioner shall further direct the parties

to submit their verified position papers within a non-extendible period
of ten (10) calendar days from receipt of the preliminary conference
order.
 42 A.M. No. 22-09-01-SC

SECTION 22. Clarificatory lieiiring. — Within ten (10)

calendar days from receipt of the last position paper, the Investigating
Commissioner shall determine whether there is a need to conduct a
hearing to clarify factual issues and confront witnesses.

If deemed necessary, the Investigating Commissioner shall set

the hearing within fifteen (15) calendar days from such determination,
and identify the factual issues to be made subject of the hearing.

The Investigating Commissioner may subpoena any witness to

appear at the hearing to answer clarificatoiy questions. Thereafter, the
Investigating Commissioner may allow the parties to confront the
witnesses and propound their own clarificatory questions on the
factual issues identified by the Investigating Commissioner.

The clarificatory hearing may be done in-person or through

videoconferencing. If it is conducted in-person, the clarificatory
hearing shall be done at the most convenient venue for the parties.

The clarificatory hearing shall be terminated within thirty (30)

calendar days from its commencement.

SECTION 23. Minutes of yiroceedings. — The proceedings

before the IBP shall be recorded.

SECTION 24. hon-appearance of parties. — Non-appearance

at the clarificatory hearing shall be deemed a waiver of the right to
participate therein.

SECTION 25. Issuance of report and recommendation by the

Investig‹iting Commissioner. — If there is no clarificatory hearing,
the Investigating Commissioner shall render a report and
recommendation and submit the same to the IBP Board of Governors
within a non- extendible period of sixty (60) calendar days from
receipt of the last position paper or lapse of the period given.

In case the Investigating Commissioner sets a clarificatory

hearing, the report and recommendation shall be rendered and
submitted to the IBP Board of Governors within a non-extendible
period of thirty (30) calendar days from the termination of the
hearing.

The report and recommendation shall be accompanied by the

duly certified transcript of stenographic notes, or in lieu thereof, the
audio recording, if any, or the Investigating Commissioner’s personal
 43 A.M. No. 22-09-01-SC

notes duly signed, which should be attached to the records, together

with the evidence presented during the investigation. The submission
of the report need not await the transcription of the stenographic
notes, it being sufficient that the report reproduce substantially from
the Investigating Commissioner's personal notes any relevant and
pertinent testimonies.

If the hearing is conducted through videoconferencing, 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.

SECTION 26. Submission of resolution by the Bonrd of

GoveFnors. — The IBP Board of Governors shall have a non-extendible
period of ninety (90) calendar days from receipt of the Report and
Recommendation of the Investigating Commissioner, within which to
submit to the Supreme Court its Resolution adopting, modifying or
disapproving such Report and Recommendation.

SECTION 27. Depositions. — Depositions may be taken in

accordance with the Rules of Civil Procedure, as amended, with leave
of the Investigating Commissioner.

SECTION 28. Filing and service. — The filing and the service
of papers or notices required by this Canon shall be made with the
Commission, or upon the parties personally, by registered mail,
accredited courier, electronic mail or other electronic means, or as
provided for in international conventions to which the Philippines is a
party.

For this purpose, the office address and the electronic retail
address supplied by the lawyer to the IBP shall be the official
addresses to which all notices, orders and processes shall be served.

Proof of filing and service shall be submitted in accordance

with the Rules of Civil Procedure, as amended.

SECTION 29. Substantial defects; motion to reopen. — Any

substantial defect in the complaint, notice, answer, or in the
proceeding or the Investigating Commissioner's Report which may
result in the miscarriage of justice may be raised as an error before the
Supreme Court, unless the defect results in the deprivation of the right
to due process. In case of the latter, the matter may be brought before
the IBP Board of Governors by way of a motion to reopen within
sixty (60) calendar days from knowledge.
 44 A.M. No. 22-09-01-SC

SECTION 30. PxoceeJings iziitiiited before the Supreme Cu Art.

— In proceedings initiated by the Supreme Court, or proceedings
commenced by complaint filed with the Supreme Court, the Supreme
Court may refer the case for investigation, report and recommendation
to the Office of the Bar Confidant, or the IBP, or other fact-finding
body that is designated or created by the Supreme Court for such
purpose.

Cases referred to the Office of the Bar Confidant, or other fact-

landing body, or the IBP shall proceed in the same manner provided
in Sections 5 to 29 of this Canon.

In any event, the report and recommendation on the

investigation shall be reviewed directly by the Supreme Court, which
shall take such necessary action on the report and recommendation as
may be warranted.

SECTION 31. Preventive suspension. — After receipt of

respondent's answer or lapse of the period therefor, the Supreme
Court, on its own initiative, or upon the recommendation of the IBP
Board of Governors, the Office of the Bar Confidant, or the fact-
finding body referred to in Section 30, may suspend a lawyer from the
practice of law during the pendency of the investigation for a period
not exceeding one hundred eighty (180) calendar days or until such
suspension is lifted by the Supreme Court, in order to prevent
interference with or obstruction of the investigation, tampering,
concealment or destruction of evidence, intimidating or exerting
undue influence on any witness.

SECTION 32. Quantum and burJen of proof. — In

administrative disciplinary cases, the complainant has the burden of
proof to establish with substantial evidence the allegations against the
respondent. Substantial evidence is that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a
conclusion.

SECTION 33. SeriOffs offenses. — Serious offenses include:

(a) Gross misconduct, or any inexcusable, shameful or

flagrant unlawful conduct;

(b) Serious dishonesty, fraud, or deceit, including falsification

of documents and making untruthful statements;

(c) Bribery or corruption;

 45 A.M. No. 22-09-01-SC

(d) Gross negligence in the performance of duty, or conduct

that is reclcless and inexcusable, which results in the client
being deprived of his or her day in court;

(e) Conviction of a crime involving moral turpitude;

Grossly immoral conduct, or an act that is so corrupt or

false as to constitute a criminal act, or so immoral as to
be reprehensible to a high degree;

(g) Misappropriating a client's funds or properties;

(h) Gross ignorance of the law or procedure, or the disregard

of basic rules and settled jurisprudence, when either is
attended by bad faith, malice, or corrupt motive;

(i) Grossly undignified conduct prejudicial to the

administration of justice;

Sexual abuse;

(k) Gender-based sexual harassment or discrimination;

(l) Open defiance to any order of the court, tribunal, or other

government agency;

(m) Threat of physical or economic harm, amounting to a

crime, directed at a fellow lawyer, the latter's client or
principal, a witness, or any official or employee of a
court, tribunal, or other government agency;

(n) Willful and deliberate forum shopping, and forum

shopping through gross negligence;

(O) Intentional violation of the rule on privileged

communication;

(p) Violation of the notarial rules, except reportorial

requirements, when attended by bad faith;

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

 46 A.M. No. 22-09-01-SC

(r) Influence-peddling or using one's relationships to obtain

a favorable action on, or outcome in, any pending matter
or proceeding, directly or indirectly, with or without
monetary consideration, from any officer of a court,
tribunal or other government agency;

(s) Unlawful discrimination under Canon V; and

(t) Sale, distributlon, possession and/or use of illegal drugs

or substances.

SECTION 34. Less serious offenses. — Less serious offenses

include:

(a) Simple misconduct, or such misconduct without the

manifest elements of corruption, clear intent to violate
the law or flagrant disregard of established rules;

(b) Simple negligence in the performance of duty, or such

negligence which does not result in depriving the client
of his or her day in court;

(c) Violation of Supreme Court rules and issuances in

relation to Bar Matters and administrative disciplinary
proceedings, including willful and deliberate disobedience
of the orders of the Supreme Court and the IBP;

(d) Simple dishonesty;

(e) Other violations of the conflict of interest rules;

(f) Prohibited borrowing of money from a client;

(g) Prohibited lending of money;

(h) Other unlawful threats;

(i) Instituting frivolous or baseless actions, on the basis of a

final decision or order dismissing such action for being
frivolous or baseless;

(j) Violation of the sub judice rule;

 47 A.M. No. 22-09-01-SC

(k) Deliberate failure or refusal to pay just debts;

(l) Termination of legal services absent good cause and

written notice;

(m) Use of intemperate or offenslve language before any court,

tribunal, or other government agency;

(n) Unjustifiable failure or refusal to render an accounting of

the funds or properties of a client;

(o) Unauthorized division of fees with a non-lawyer; and

(p) Other violations of reportorial requirements.

SECTION 35. Light offenses. — Light offenses include:

(a) Violation of IBP rules and issuances governing

membership in the IBP;

(b) Use of vulgar or offensive language in personal dealings;

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

tribunal, or other government agency where the
respondent has a pending case or cases, to such a degree
and frequency as would give the appearance of power or
influence over them, or which tends to create an
impression of impropriety;

(d) Filing of frivolous motions for inhibition;

(e) Failure to promptly call upon client to rectify a

fraudulent act; or

(f) Other similar or analogous infractions of the CPRA.

SECTION 36. Assisting in the commission of nn offense.

Any lawyer who shall knowingly assist another lawyer in the
commission of any serious, less serious, or light offense punished by
the CPRA may also be held liable.

SECTION 37. functions. —

 48 A.M. No. 22-09-01-SC

(a) If the respondent is found guilty of a serious offense, any

of the following sanctions, or a combination thereof,
shall be imposed:

(l) Disbatment;

(2) Suspension frorn the practice of law for a period

exceeding six (6) months;

(3) Revocatlon of notarial commission and

disqualification as notary public for not less than
two (2) years; or

(4) A fine exceeding P100,000.00.

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

any of the following sanctions, or a combination thereof,
shall be imposed:

(1) Suspension from the practice of law for a period

within the range of one (1) month to six (6)
months, or revocation of notarial commission and
disquallfication as notary public for less than two
(2) years;

(2) A fine within the range of P35,000.00 to

P100,000.00.

(c) If the respondent is found guilty of a light offense, any of

the following sanctions shall be imposed:

(1) A fine within the range of P1,000.00 to P35,000.00;

(2) Censure; or

(3) Reprimand.

In addition to the above sanctions in paragraph (c),

the respondent may also be required to do
community service or service in the IBP legal aid
program.
 49 A.M. No. 22-09-01-SC

In all instances, when the offense involves money or property

owed, which is intrinsically linlced to the lawyer-client relationship,
the respondent shall be ordered to return the same.

SECTTON 38. Modifying circumstances. — In determining

the appropriate penalty to be imposed, the Court may, in its discretion,
appreciate the following mitigating and aggravating circumstances:

(a) Mitigating circumstances:

(1) First offense, except in charges of gross

misconduct, bribery or corruption, grossly immoral
conduct, misappropriating a client's funds or
properties, sexual abuse, and sale, distribution,
possession and/or use of illegal drugs or
substances;

(2) Absence of bad faith or malice;

(3) Return of the amounts owed;

(4) Expression of remorse;

(5) Reconciliation with the complainant;

(6) Rectification of wrongdoing;

(7) Act or omission did not prejudice the client;

(8) Age;

(9) Number of years in the practice of law;

(10) Humanitarian considerations; and

(11) Other analogous circumstances.

(b) Aggravating Circumstances:

(1) Finding of previous administrative liability where

a penalty is imposed, regardless of nature or
gravity;
 50 A.M. No. 22-09-0! -SP

(2) Age;

(3) Number of years in the practice of law;

(4) Employment of fraudulent means to conceal the

offense;

(5) Respondent's act or omission was tainted with bad

faith or malice, except when it is an element of the
offense;

(6) Lack of remorse;

(7) Failure to comply with the orders of the Court and

the IBP in relation to an administrative case; and

(8) Other analogous circumstances.

SECTION 39. Planner of imposition. — If one (1) or more

aggravating circumstances and no mitigating circumstances are
present, the Supreme Court may impose the penalties of suspension or
fine for a period or amount not exceeding double of the maximum
prescribed under this Rule. The Supreme Court may, in its discretion,
impose the penalty of disbarment depending on the number and
gravity of the aggravating circumstances.

If one (1) or more mitigating circumstances and no aggravating

circumstances are present, the Supreme Court may impose the
penalties of suspension or fine for a period or amount not less than
half of the minimum prescribed under the CPRA.

If there are both aggravating and mitigating circumstances

present, the Supreme Court may offset each other.

SECTION 40. Penalty for multiple offenses. — If the

respondent is found liable for more than one (1) offense arising from
separate acts or omissions in a single administrative proceeding, the
Court shall impose separate penalties for each offense. Should the
aggregate of the imposed penalties exceed five (5) years of suspension
from the practice of law or P1,000,000.00 in fines, the respondent
may, in the discretion of the Supreme Court, be meted with the
penalty of disbarment.
 51 A.M. No. 22-09-01-SC

If a single act or omission gives rise to more than one (1)

offense, the respondent shall still be found liable for all such offenses,
but shall, nonetheless, only be meted with the appropriate penalty for
the most serious offense.

SECTION 41. Payment of fines an J return of client's money

and property. — When the penalty imposed is a ftne or the
respondent is ordered to return the client's money or property, the
respondent shall pay or return it within a period not exceeding three
(3) months from receipt of the decision or resolution. If unpaid or
unreturned, the Court may cite the respondent in indirect contempt.

SECTION 42. Penalty when the responJent tins been

previously Jisbarred. — When the respondent has been previously
disbarred and is subsequently found guilty of a new charge, the Court
may impose a fine or order the disbarred lawyer to return the money
or property to the client, when proper. If the new charge deserves the
penalty of a disbarment or suspension from the practice of law, it shall
not be imposed but the penalty shall be recorded in the personal file of
the disbarred lawyer in the Office of the Bar Confidant or other office
designated for the purpose. In the event that the disbarred lawyer
applies for judicial clemency, the penalty so recorded shall be
considered in the resolution of the same.

SECTION 43. Immediately executory; furnisheJ copies.

The decision or resolution pronouncing the respondent’S
administrative liability is immediately executory. The copies of the
decision or resolution shall be furnished to the Office of the Bar
Confidant, the IBP National Office and local chapter to which the
respondent belongs, and the Office of the Court Administrator for
circulation to all the courts.

SECTION 44. Confidentiiility. — Proceedings against lawyers

shall be confidential. However, the final order of the Supreme Court
shall be published like its decisions in other cases.

SECTION 45. Sworn statement ‹ifter service of suspension.

Upon the expiration of the period of suspension from the practice of
law, the lawyer shall file a Sworn Statement with the Supreme Court,
through the Office of the Bar Confidant, to show that the petitioner,
during the period of suspension:

(a) has not appeared before any court, tribunal or other

government agency, whether in respect of current, former
or prospective clients;
 52 A.M. No. 22-09-01-SC

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

submission;

(c) has duly informed his or her clients, law firm, law school
where the lawyer is teaching, legal clinic, or other legal
service organization of which he or she is a member,
regarding the suspension; and

(d) has not otherwise performed any act, directly or

indirectly, that amounts to the practice of law.

The Sworn Statement shall state the date of the lawyer's receipt
of the order, decision or resolution imposing the penalty of
suspension, as well as a list of the lawyer's engagements affected by
the suspension, indicating the relevant court, tribunal or other
government agency, if any.

Copies of the Sworn Statement shall be furnished to the Local

Chapter of the IBP, to the Executive Judge of the courts where the
suspended lawyer has pending cases handled by him or her, and/or
where he or she has appeared as counsel.

SECTION 46. Resumption of prttctice of law. — The Sworn

Statement shall be considered as proof of the suspended lawyer's
compliance with the order of suspension. Such lawyer shall be allowed
to resume the practice of law upon the filing of the Sworn Statement
before the Supreme Court.

However, any false statement in the Sworn Statement shall be a

ground for a complaint for disbarment.

Within five (5) days from the filing of the Sworn Statement and
the Office of the Bar Confidant determines that there is a false
statement stated therein, it shall refer the same to the Court for its
immediate action.

SECTION 47. Reinstatement in the Roll of Attorneys. — A

lawyer who has been disbarred may file a verified petition for judicial
clemency after five (5) years from the receipt of the order, decision, or
resolution of disbarment.

SECTION 48. Petition for judicial clemency. — The verified

petition for judicial clemency shall allege the following:
 53 A.M. No. 22-09-01-SC

(a) that the verified petition was filed afier five (5) years
from the receipt of the order, decision, or resolution of
disbarment;

(b) that the disbarred lawyer has fully complied with the terms
and conditions of all prior disciplinary orders, including
orders for restitution;

(c) that he or she recognizes the wrongfulness and

seriousness of the misconduct for which he or she was
disbarred by showing positive acts evidencing
reformation;

(d) that he or she has reconciled, or attempted in good faith

to reconcile, with the wronged private offended party in
the disbarment case, or if the same is not possible, an
explanation as to why such attempt at reconciliation
could not be made.

Where there is no private offended party, the plea for

clemency must contain a public apology; and

(e) notwithstanding the conduct for which the disbarred

lawyer was disciplined, he or she has the requisite good
moral character and competence.

Any of the following allegations may also be made in support

of the petition:

(a) that he or she still has productive years that can be put to
good use if given a chance; or

(b) there is a showing of promise (such as intellectual

aptitude, learning or legal acumen or contribution to legal
scholarship and the development of the legal system or
administrative and other relevant skills), as well as
potential for public service.

SECTION 49. Action on the petition for jffdicia/ clemency;

prima facie merit. — Upon receipt of the petition, the Supreme Court
shall conduct a preliminary evaluation and determine if the same has
prima facie merit based on the criteria.

If the petition has prUTla facie merit, the Supreme Court shall
refer the petition to the Office of the Bar Confidant or any fact-finding
 54 A.M. No. 22-09-01-SC

body the Court so designates for investigation, report and

recoirrmendation.

If the petition fails to show any prima facie merit, it shall be

denied outright.

SECTION 50. Investigation by the Office of the Bnr

Confid‹int or other fact-fix Jing body. — The Office of the Bar
Confidant or any other fact-finding body designated shall conduct and
terminate the investigation and submit to the Supreme Court its report
and recommendation within ninety (90) calendar days from receipt of
the referral.

SECTION 51. Decision an the petition for judicial clemency;

qffantum of evidence. — The Supreme Court shall decide the petition
on the basis of clear and convincing evidence.

SECTION 52. Prohibition against employment ofdisb irred or

suspended lawyer. — A lawyer who has been disbarred or suspended
shall not be employed or engaged in the practice of law, including the
performance of the following acts.

(a) Providing legal consultation or advice;

(b) Appearing on behalf of a client in any hearing or

proceeding before any court, tribunal, or other government
agency or office;

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

or other discovery matter;

(d) Negotiating or transacting any legal matter for or on

behalf of a client with third parties;

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

funds;

Teaching law subjects in any educational institution; or

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

A suspended lawyer shall immediately cease and desist from the

practice of law until the suspension is lifted by the Supreme Court.
 55 A.M. No. 22-09-01-SC

Any client previously represented by a suspended lawyer may

engage the services of a new lawyer.

The disbarirent or suspension of a handling lawyer shall not

terminate the lawyer-client engagement between the client and the law
firm, unless the client chooses otherwise.

SECTION 53. Costs. — All reasonable and necessary expenses

incurred in relation to disciplinary and disbarment proceedings are
lawful charges for which the parties may be taxed as costs, subject to
proof.

REVISED LAWYER'S OATH

I, (name), do solemnly swear (affirm) that I accept the honor,

privilege, duty, and responsibility of practicing law in the Philippines
as an Officer of the Court in the interest of our people.

I declare fealty to the Constitution of the Republic of Philippines.

In doing so, I shall work towards promoting the rule of law and
a regime of truth, justice, freedom, love, equality, and peace.

I shall conscientiously and courageously work for justice, as

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

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

GENERAL PROVISIONS

SECTION 1. Transitory provision. — The CPRA shall be

applied to all pending and future cases, except to the extent that in the
opinion of the Supreme Court, its retroactive application would not be
 5ó A.M. No. 22-09-01-SC

feasible or would work injustice, in which case the procedure under

which the cases were filed shall govern.

SECTION 2. Repealing clnuse. — The Code of Professional

Responsibility of 1988, Sections 20 to 37 of Rule 138, and Rule 139-
B of the Rules of Court are repealed.

The Lawyer's Oath, as found in Rule 138 of the Rules of Court,

is amended and superseded.

Any resolution, circular, bar matter, or administrative order

issued by or principles established in the decisions of the Supreme
Court inconsistent with the CPRA are deemed modified or repealed.

SECTION 3. Effectivity clause. — The CPRA shall take effect

fifteen (15) calendar days after its publication in the Official Gazette
or any newspaper of general circulation.