CPRA CPR Amendment or Revision

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.

CANON 2 - A LAWYER SHALL The provisions of Section 1, Canon 1

Section 1. Independent, accessible, MAKE HIS LEGAL SERVICES of CPRA were essentially adopted
efficient and effective legal service. AVAILABLE IN AN EFFICIENT AND from Canon 2 of CPR. There were no
— A lawyer shall make legal services CONVENIENT MANNER new provisions introduced in this
accessible in an efficient and effective COMPATIBLE WITH THE Section.
manner. In performing this duty, a INDEPENDENCE, INTEGRITY AND
lawyer shall maintain independence, EFFECTIVENESS OF THE
act with integrity, and at all times PROFESSION.
ensure the efficient and effective
delivery of justice. Rule 2.01 - A lawyer shall not reject,
except for valid reasons, the cause of
the defenseless or the oppressed.

Rule 2.02 - In such cases, even if the

lawyer does not accept a case, he
shall not refuse to render legal advice
to the person concerned if only to the
extent necessary to safeguard the
latter's rights.
 Rule 2.03 - A lawyer shall not do or
permit to be done any act designed
primarily to solicit legal business.

Rule 2.04 - A lawyer shall not charge

rates lower than those customarily
prescribed unless the circumstances
so warrant

CANON 13 - A lawyer shall rely upon

Section 2. Merit-based practice. — the merits of his cause and refrain The provisions of Section 2, Canon 1
A lawyer shall rely solely on the merits from any impropriety which tends to of CPRA were essentially adopted
of a cause and not exert, or give the influence, or gives the appearance of from Canon 13 of CPR.
appearance of, any influence on, nor influencing the court.
undermine the authority of, the court, The provisions of CPRA’s Section 2
tribunal or other government agency, compared to the provisions of CPR’s
or its proceedings. Canon 13 are more extensive. The
former’s provisions included the terms
“tribunal or other government agency,”
which clearly indicate that CPRA’s
Section 2 also refers to quasi-judicial
bodies.

Rule 1.01 - A lawyer shall not engage The provisions of Section 3, Canon 1
Section 3. Freedom from improper in unlawful, dishonest, immoral or of CPRA were essentially adopted
considerations and external deceitful conduct. from Rule 1.01, Canon 1 of CPR.
influences. — A lawyer shall not, in There were no new provisions
advocating a client’s cause, be introduced in this Section.
influenced by dishonest or immoral
considerations, external influences, or
pressure.
 Rule 13.03 - A lawyer shall not brook The provisions of Section 4, Canon 1
Section 4. Non-interference by a or invite interference by another of CPRA were essentially adopted
lawyer. — Unless authorized by law branch or agency of the government in from Rule 13.03, Canon 13 of CPR.
or a court, a lawyer shall not assist or the normal course of judicial There were no new provisions
cause a branch, agency, office or proceedings. introduced in this Section.
officer of the government to interfere
in any matter before any court,
tribunal, or other government agency.

CANON 10 - A LAWYER OWES

Section 5. Lawyer’s duty and CANDOR, FAIRNESS AND GOOD The provisions of Section 5, Canon 1
discretion in procedure and FAITH TO THE COURT. of CPRA were essentially adopted
strategy. — A lawyer shall not allow from Rule 19.03, Canon 19 of CPR.
the client to dictate or determine the
Rule 10.01 - A lawyer shall not do any
procedure in handling the case. falsehood, nor consent to the doing of New provisions were introduced in
any in Court; nor shall he mislead, or CPRA’s Section 5, allowing lawyers to
Nevertheless, a lawyer shall respect allow the Court to be misled by any consider the clients’ input regarding
the client’s decision to settle or artifice. the procedure in handling the case,
compromise the case after explaining provided that the probable
its consequences to the client. Rule 10.02 - A lawyer shall not consequences to such intervention is
knowingly misquote or misrepresent duly explained by the lawyers.
the contents of a paper, the language
or the argument of opposing counsel,
or the text of a decision or authority, or
knowingly cite as law a provision
already rendered inoperative by repeal
or amendment, or assert as a fact that
which has not been proved.

Rule 10.03 - A lawyer shall observe

the rules of procedure and shall not
misuse them to defeat the ends of
justice

CANON 19 - A LAWYER SHALL

REPRESENT HIS CLIENT WITH
ZEAL WITHIN THE BOUNDS OF
THE LAW.

Rule 19.01 - A lawyer shall employ

only fair and honest means to attain
the lawful objectives of his client and
shall not present, participate in
presenting or threaten to present
unfounded criminal charges to obtain
an improper advantage in any case or
proceeding.

Rule 19.02 - A lawyer who has

received information that his client
has, in the course of the
representation, perpetrated a fraud
upon a person or tribunal, shall
promptly call upon the client to rectify
the same, and failing which he shall
terminate the relationship with such
client in accordance with the Rules of
Court.

Rule 19.03 - A lawyer shall not allow

his client to dictate the procedure in
handling the case.
CANON II PROPRIETY
Rule 1.01
A lawyer shall, at all times, act with
propriety and maintain the appearance A lawyer shall not engage in unlawful,
of propriety in personal and dishonest, immoral or deceitful
professional dealings, observe conduct
honesty, respect and courtesy, and
uphold the dignity of the legal
profession consistent with the highest
standards of ethical behavior

CANON II, SECTION 1

Proper Conduct.

A lawyer shall not engage in unlawful,

dishonest, immoral, or deceitful
conduct.

CANON II, SECTION 2. CANON 8

Dignified conduct. A lawyer shall conduct himself with

courtesy, fairness and candor towards
A lawyer shall respect the law, the his professional colleagues, and shall
courts, tribunals, and other avoid harassing tactics against
government agencies, their officials, opposing counsel.
employees, and processes, and act
with courtesy, civility, fairness, and Rule 7.03
candor towards fellow members of the
bar. A lawyer shall not engage in A lawyer shall not engage in conduct
conduct that adversely reflects on that adversely reflects on his fitness to
one’s fitness to practice law, nor practice law, nor shall he, whether in
behave in a scandalous manner, public or private life, behave in a
whether in public or private life, to the scandalous manner to the discredit of
discredit of the legal profession. the legal profession

CANON II, SECTION 3. Safe Space Act (RA 11313)

Safe environment; avoid all 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

CANON II, SECTION 4. CPR Rule 8.01

Use of dignified, gender-fair, and A lawyer shall not, in his professional

child- and culturally-sensitive dealings, use language which is
language. abusive, offensive or otherwise
improper.
A lawyer shall use only dignified,
gender-fair, child-and CPR Rule 11.03
culturally-sensitive language in all
personal and professional dealings. To A lawyer shall abstain from
this end, a lawyer shall not use scandalous, offensive or menacing
language which is abusive, language or behavior before the
intemperate, offensive or otherwise Courts
improper, oral or written, and whether
made through traditional or electronic
means, including all forms or types of
mass or social media

CANON II, SECTION 5. CPR Rule 15.07.

Observance of fairness and A lawyer shall impress upon his client

obedience. compliance with the laws and the
principles of fairness.
A lawyer shall, in every personal and
professional engagement, insist on the
observance of the principles of
fairness and obedience to the law

CANON II, 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.

CANON II, SECTION 7. CPR Rule 11.01

Formal decorum and appearance. A lawyer shall appear in court

properly attired
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.

CANON II, SECTION 8. CPR Rule 10.02

Prohibition against misleading the A lawyer shall not knowingly misquote

court, tribunal, or other government or misrepresent the contents of a
agency. A lawyer shall not misquote, paper, the language or the argument
misrepresent, or mislead the court as of opposing counsel, or the text of a
to the existence or the contents of any decision or authority, or knowingly cite
document, argument, evidence, law,
as law a provision already rendered
or other legal authority, or pass off as
one’s own the ideas or words of inoperative by repeal or amendment,
another, or assert as a fact that which or assert as a fact that which has not
has not been proven been proved

CANON II, SECTION 9.

Obstructing access to evidence or

altering, destroying, or concealing
evidence. A lawyer shall not obstruct
another lawyer’s access to evidence
during trial, including testimonial
evidence, or alter, destroy, or conceal
evidence

CANON II, SECTION 10. CPR Rule 12.05

Conduct in the presentation of a A lawyer shall refrain from talking to

witness. his witness during a break or

A lawyer shall avoid all forms of recess in the trial, while the witness is
impropriety when presenting or still under examination.
confronting a witness. A lawyer shall
not coach, abuse, discriminate
against, or harass any witness, in or
CPR Rule 12.07
out of the court, tribunal, or other
government agency, or talk to a A lawyer shall not abuse, browbeator
witness during a break or recess in the harass a witness nor needlessly
trial, while a witness is still under inconvenience him.
examination. Neither shall a lawyer
direct, assist, or abet any
misrepresentation or falsehood by a
witness.
CPR Rule 12.06

A lawyer shall not knowingly assist a

witness to misrepresent himself or to
impersonate another.

CANON II, SECTION 11.

False representations or
statements; duty 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.
A lawyer shall correct false or
inaccurate statements and information
made in relation to an application for
admission to the bar, any pleading, or
any 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.

CANON II, SECTION 13.

Imputation 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

CANON II, SECTION 14 CPR Rule 11.04

Remedy for grievances; insinuation A lawyer shall not attribute to a Judge

of improper motive. A lawyer shall motives not supported by the record or
submit grievances against any officer have no materiality to the case.
of a court, tribunal, or other
government agency only through the CPR Rule 11.05
appropriate remedy and before the
A lawyer shall submit grievances
proper authorities. Statements against a Judge to the proper
insinuating improper motive on the authorities only.
part of any such officer, which are not
supported by substantial evidence,
shall be ground for disciplinary action.

CANON II, SECTION 15 CPR Rule 13.01

Improper claim of influence or A lawyer shall not extend

familiarity. A lawyer shall observe extraordinary attention or
propriety in all dealings with officers
and personnel of any court, tribunal, or hospitality to, nor seek opportunity for
other government agency, whether cultivating familiarity with Judges.
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

CANON II, 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.

CANON II, SECTION 17. CPR Rule 2.03

Non-solicitation and impermissible A lawyer shall not do or permit to be

advertisement. A lawyer shall not, done any act designed primarily to
directly or indirectly, solicit, or appear solicit legal business.
to solicit, legal business. A lawyer
shall not, directly or indirectly, CPR Rule 3.01
advertise legal services on any
A lawyer shall not use or permit the
platform or media except with the use
use of any false, fraudulent,
of dignified, verifiable, and factual
misleading, deceptive, undignified,
information, including biographical
self-laudatory or unfair statement or
data, contact details, fields of practice,
claim regarding his qualifications or
services offered, and the like, so as to
legal services.
allow a potential client to make an
informed choice. In no CPR Rule 3.04
case shall the permissible A lawyer shall not pay or give
advertisement be self-laudatory. A anything of value to representatives of
lawyer, law firm, or any of their the mass media in anticipation of, or in
representatives shall not pay or give return for, publicity to attract legal
any benefit or consideration to any business
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.

CANON II, 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

CANON II, SECTION 19. CPR Rule 13.02

Sub-judice rule. A lawyer shall not A lawyer shall not make public
use any forum or medium to comment statements in the media regarding a
or publicize opinion pertaining to a pending case tending to arouse public
pending proceeding before any court, opinion for or against a party
tribunal, or other government agency
that may: a) cause a pre-judgment, or
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.

CANON II, SECTION 20

Disclosure of relationship or
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

CANON II, SECTION 21.

Prohibition against gift-giving and

donations. A lawyer shall not directly
or indirectly give gifts, donations,
contributions of any value or sort, on
any occasion, to any court, tribunal or
government agency, or any of its
officers and personnel.

CANON II, SECTION 22.

No 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

CANON II, SECTION 23. CPR Rule 12.02

Instituting multiple cases; forum A lawyer shall not file multiple actions
shopping. A lawyer shall not arising from the same cause
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

CANON II, SECTION 24. CPR Rule 8.02

Encroaching or interfering in A lawyer shall not, directly or

another lawyer’s engagement; indirectly, encroach upon the
exception. A lawyer shall not, directly professional employment of another
or indirectly, encroach upon or lawyer, however, itis the right of any
interfere in the professional lawyer, without fear or favor, to give
engagement of another lawyer. This proper advice and assistance to those
includes a lawyer’s attempt to seeking relief against unfaithful or
communicate, negotiate, or deal with neglectful counsel
the person represented by another
lawyer on any matter, 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.

CANON II, SECTION 26 CPR Rule 3.02

Definition of a law firm; choice of In the choice of a firm name, no false,

firm name. A law firm is any private misleading or assumed name shall be
office, partnership, or association, used. The continued use of the name
exclusively comprised of a lawyer or of a deceased partner is permissible
lawyers engaged to practice law, and provided that the firm indicates in all
who hold themselves out as such to its communications that said partner is
the public. In the choice of a firm deceased.
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.

CANON II, SECTION 27. CPR Rule 3.03

Partner who assumes public office. Where a partner accepts public office,
When a partner assumes public office, he shall withdraw from the firm and his
such partner shall withdraw from the name shall be dropped from the firm
firm and such partner’s name shall be name unless the law allows him to
removed from the firm name, unless practice law currently.
allowed by law to practice
concurrently.

CANON II, SECTION 28. CPR CANON 6

Dignified government service. These canons shall apply to lawyers in
Lawyers in government service shall government services in the discharge
observe the standard of conduct under of their tasks
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.

CANON II, SECTION 29. CPR Rule 6.03

Lawyers formerly in government A lawyer shall not, after leaving

service. A lawyer who has left government service, accept
government service shall not engagement or employment in
connection with any matter in which
engage in private practice pertaining he had intervened while in said
to any matter before the office where service.
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 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

CANON II, SECTION 30. CPR Rule 6.02

No financial interest in A lawyer in the government service

transactions; no gifts. A lawyer in shall not use his public position to
government shall not, directly or promote or advance his private
indirectly, promote or advance his or interests, nor allow the latter to
her private or financial interest or that interfere with his public duties.
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
CANON II, SECTION 31. CPR Rule 6.01

Prosecution of criminal cases. The The primary duty of a lawyer engaged

primary duty of a public prosecutor is in public prosecution is not to convict
not to convict but to see that justice is but to see that justice is done. The
done. Suppressing facts, concealing suppression of facts or the
of, tampering with or destroying concealment of witnesses capable of
evidence, coaching a witness, or establishing the innocence of the
offering false testimony is cause for accused is highly reprehensible and is
disciplinary action. The obligations of cause for disciplinary action.
a public prosecutor shall also be
imposed upon lawyers in private
practice who are authorized to
prosecute under the direct supervision
and control of the public prosecutor.

CANON II, 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

CANON II, SECTION 33.

Conflict of interest for lawyers in

the academe. 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. Upon
discovery of any adverse interest of
the lawyer’s client which directly
affects any student who is under his or
her direct supervision and guidance,
the lawyer shall likewise disclose the
same to the institution.

CANON II, SECTION 34.

Paralegal services; lawyer’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

CANON II, SECTION 35 CPR Rule 9.01

Non-delegable legal tasks A lawyer shall not delegate

A lawyer shall not delegate to or to any unqualified person the

permit anon-lawyer, including a performance of any task which by law
paralegal, to: a) accept cases on may only be performed by a member
behalf of the lawyer; b) give legal of the bar in good standing
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; f) conduct
negotiations with third parties unless
allowed in administrative agencies,
without a lawyer’s supervision or
direction; g) sign correspondence
containing a legal opinion; 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.
CANON II, SECTION 36.

Responsible use. A lawyer shall have

the duty to understand the benefits,
risks, and ethical implications
associated with the use of social
media

CANON II, SECTION 38.

Non-posting of false or unverified

statements, disinformation. 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

CANON II, SECTION 39

Prohibition against fraudulent

accounts. 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

CANON II, SECTION 44.

Online posts that could violate

conflict of interest. A lawyer shall
exercise prudence in making 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. (n)

SECTION 1. Practice of law. — 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
Code of Professional Responsibility
and Accountability for lawyers. It
includes employment in the public
service or private sector and requires
membership in the Philippine bar as
qualification.

These provisions talk about the

SECTION 2. The responsible and Canon 1 A lawyer shall uphold the accountability of a lawyer, the
accountable lawyer. — A lawyer shall constitution, obey the laws of the land underlying difference is that the
uphold the constitution, obey the laws and promote respect for law of and several canons in CPR is congested in
of the land, promote respect for laws legal processes a single section within Canon 3
and legal processes, safeguard section 2 thereby addressing several
human rights, and at all times advance Canon 12 A lawyer shall exert every concepts in a single provision.
the honor and integrity of the legal effort and consider it his duty to assist
profession. (1a) As an officer of the in the speedy and efficient
court, a lawyer shall uphold the rule of administration of justice.
law and conscientiously assist in the
speedy and efficient administration of Canon 17 A lawyer owes fidelity to the
justice. (12a) cause of his client and he shall be
mindful of the trust and confidence
As an advocate, a lawyer shall reposed in him.
represent the client with fidelity and
zeal within the bounds of the law and Canon 19 - a lawyer shall represent
the CPRA. (17a, 19a) his client with zeal within the bounds
of the law.

SECTION 3. Lawyer-client
relationship. — 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. (n)

SECTION 4. Authority of lawyer to

bind 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.
(138.23a)

SECTION 5. Authority of lawyer to

appear. — 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. (R138.21a)

SECTION 6. Fiduciary duty of a

Canon 17 A lawyer owes fidelity to the Emphasizing fidelity of a lawyer to his
lawyer. — A lawyer shall be mindful of
the trust and confidence reposed by cause of his client and he shall be client through adding the last sentence
the client. (17a) To this end, a lawyer mindful of the trust and confidence that relationship between clients is
shall not abuse or exploit the reposed in him. utmost important in the legal
relationship with a client. (n) profession that explicit words such as
“abuse” and exploit were given.

SECTION 7. Prohibition against Rule 1.03 - A lawyer shall not, for any In the CPRA it enumerates explicit
frivolous suits and abuse of court corrupt motive or interest, encourage modes in which a lawyer may be held
processes. — A lawyer shall not: any suit or proceeding or delay any liable for filing frivolous suits and
man's cause. abuse of court process. Unlike in CPR
(a) file or encourage the filing of any whereas it is broad.
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. (1.03a)

 Rule 1.04 - A lawyer shall encourage The CPRA gives importance on
SECTION 8. Lawyer’s duty to his clients to avoid, end or settle a phrasing the “active participation” of
encourage settlement. — A lawyer controversy if it will admit of a fair the lawyer in assisting the client and
shall encourage the client to avoid, settlement. other parties involved to effect
end or settle a controversy, whether mediation and/or dispute resolution for
pending or not, in order to reach a a fair settlement, whereas in the CPR
settlement or a compromise if the it is it through encouragement. Giving
matter can be compromised under the it an impression that a lawyer’s role in
law and will admit of a fair settlement. avoiding, ending or settling a
controversy is limited at that.
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. (1.04a)

SECTION 9. Duty to call client to Rule 19.02 - A lawyer who has In CPR rule 19.02 the termination of
rectify fraudulent act. — A lawyer who received information that his client the relationship with such client is in
receives information that a client has, has, in the course of the accordance with the Rules of Court.
in the course of the representation, representation, perpetrated a fraud While in the CPRA section 9 it made
perpetrated a fraud in relation to any upon a person or tribunal, shall no mention of the Rules of Court,
matter subject of the representation promptly call upon the client to rectify thereby making it flexible to end the
before a court, tribunal, or other the same, and failing which he shall engagement by the provisions of other
government agency, or against any terminate the relationship with such laws and rules.
officer thereof, shall promptly call upon client in accordance with the Rules of
the client to rectify the same. Such Court.
fraudulent act on the part of the client
shall be a ground for the termination
by the lawyer of the engagement.
(19.02a)

SECTION 10. Responsibility over a

subordinate lawyer, paralegal, 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. (n)

SECTION 11. Responsibility of a

supervisory lawyer over a supervised
lawyer. — 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

(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. (n)

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. (ABA 5.1;
R138-A)

SECTION 12. Responsibilities of a

supervised lawyer. — 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. (n)
 Rule 15.03. - A lawyer shall not In the CPRA it gives the definition of
SECTION 13. Conflict of interest. — A represent conflicting interests except the term conflict of interest.
lawyer shall not represent conflicting by written consent of all concerned
interests except by written informed given after a full disclosure of the
consent of all concerned given after a facts.
full disclosure of the facts. (15.03)

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. (n)

The CPRA provides different and

SECTION 14. Prohibition against Rule 12.08 - A lawyer shall avoid explicit positions in prohibiting against
conflict- of-interest representation; testifying in behalf of his client, conflict-of-interest representation in
current clients. — In relation to current relation with current clients, thereby
clients, the following rules shall be projecting the essence of fidelity and
observed: relationship with the client.
(a) on formal matters, such as the
mailing, authentication or custody of
(a) A lawyer shall not enter into a
an instrument, and the like; or
business transaction with a client or
knowingly acquire an ownership, (b) on substantial matters, in cases
possessory, security, or other where his testimony is essential to the
pecuniary interest adverse to a client ends of justice, in which event he
unless: must, during his testimony, entrust the
trial of the case to another counsel.
(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 role in the
transaction, including whether the
lawyer is representing the client in the
transaction. (ABA Model Rules, Rule
1.8(a))

(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. (ABA
Model Rules, Rule 1.8(b))

(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. (ABA Model
Rules, Rule 1.8(c))

(d) Unless with the written informed

consent of the client and subject to the
application of the sub judice rule, a
lawyer shall not make 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. (ABA Model Rules,
Rule 1.8(d))

(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. (ABA Model Rules,
Rule 1.8(f))

(f) 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. (ABA
Model Rules, Rule 1.8(k))

(g) A lawyer shall avoid testifying in

behalf of the client, except:

(1) on formal matters, such as the

mailing, authentication or custody of
an instrument, and the like; or

(2) on substantial matters, in cases

where the testimony is essential to the
ends of justice, in which event the
lawyer must, during the testimony,
entrust the trial of the case to another
counsel. (12.08a) (n)
SECTION 15. Conflict of interest of a
lawyer hired by a law 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. (n)

SECTION 16. Prohibition against

dating, romantic or sexual 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. (n)

Rule 15.01. - A lawyer, in conferring The CPRA and CPR deals situation
SECTION 17. Prohibition against
with a prospective client, shall with prospective clients in a case of
conflict-of- interest representation; ascertain as soon as practicable conflict of interest with the current
prospective clients. — In relation to whether the matter would involve a client. In the CPRA it showcased
prospective clients, the following rules conflict with another client or his own fidelity with the current client by not
shall be observed: interest, and if so, shall forthwith accepting the new engagement and
inform the prospective client. prohibiting the use of information of
(a) A lawyer shall, at the earliest the prospective client given in private
opportunity, ascertain the existence of confidence with the lawyer for the
any conflict of interest between a furtherance of the lawyer’s interest or
prospective client and current clients, any current client.
and immediately disclose the same if
found to exist. (15.01a)

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. (n)
Rule 15.01. - A lawyer, in conferring In the CPRA, out of respect with
SECTION 18. Prohibition against
with a prospective client, shall former clients provides observance of
conflict- of-interest representation; ascertain as soon as practicable several rules in accordance with the
former clients. — In relation to former whether the matter would involve a CPRA and other applicable laws or
clients, the following rules shall be conflict with another client or his own regulation. The CPR gives no mention
observed: interest, and if so, shall forthwith of former clients nor made any rules to
inform the prospective client. be observed in relation thereof.
(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. (21a)
(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. (ABA Model Rules, Rule
1.9(c))

(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. (ABA Model Rules,
Rule 1.9(a)) (n)

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. (ABA Model Rules, Rule
1.9 Comment)

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. (ABA Model Rules,
Rule 1.9 Comment) (n)

SECTION 20. Legal 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.
(n
SECTION 21. Lawyers in government
service; conflict of interest. — A
lawyer currently serving in the
government shall not 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. However, the lawyer shall
not represent an interest adverse to
the government. (n)

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 pursuit 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. (n)

Rule 14.02 A lawyer shall not decline,

SECTION 23. Amicus curiae. — A except for serious and sufficient In the CPR, it limits the avenue in
lawyer shall not decline, without just cause, an appointment as counsel de which a lawyer can exercise as
cause, a request by any court, officio or as amicus curiae, or a counsel de oficio or amicus curiae to
tribunal, or other government agency request from the Integrated Bar of the the IBP or any of its chapters for
to act as amicus curiae in any Philippines or any of its chapters for rendition of free legal aid. Whereas in
proceeding relating to the lawyer’s rendition of free legal aid. the CPRA it is extended to the court,
expertise or field of specialization. tribunal or other government
(14.02a) proceedings relating to the lawyer’s
expertise or field of specialization.

The CPRA made mentions of

SECTION 24. Active involvement in Canon 5 - a lawyer shall keep abreast institutions that aids the development
legal education. — A lawyer shall of legal developments, participate in of the legal education such as the IBP,
keep abreast of legal developments, continuing legal education programs, law schools, law alumni association,
participate in continuing legal support efforts to achieve high law association or civic organization.
education programs, and support standards in law schools as well as in That actively supporting these
efforts to achieve standards of the practical training of law students institutions is a legal duty of a lawyer
excellence in law schools as well as in and assist in disseminating the law
the practical training of law students. and jurisprudence.

In addition, a lawyer shall assist the

Integrated Bar of the Philippines, law
schools, law alumni associations, law
associations, or civic organizations, in
educating the public on the law and
jurisprudence. (5a)

The IBP Chapters shall provide

supervising lawyers to the legal aid
clinics in their jurisdiction. (n)

SECTION 25. Support for legal

internship, apprenticeship and
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.

The lawyer shall treat the apprentices

as junior colleagues and future
counsels, and shall conscientiously
supervise them. (n)

SECTION 26. Prompt payment of

membership dues. — A lawyer shall
promptly pay the annual membership
dues in the Integrated Bar of the
Philippines, unless expressly exempt
from such payment by law or rules. (n)

Canon 21 - a lawyer shall preserve the The CPRA and CPR made emphasis
SECTION 27. Confidentiality of confidence and secrets of his client on the Attorney-client-privilege and the
privileged communication. — A lawyer even after the attorney-client relation CPRA includes communication
shall maintain the confidences of the is terminated. covered by the data privacy law.
client, and shall respect data privacy
laws. The duty of confidentiality shall
continue even after the termination of
the lawyer- client engagement. (21a)

The CPRA and CPR made mention of

SECTION 28. Protecting client Rule 21.03 - A lawyer shall not, protecting the client’s confidence or
confidences. — A lawyer shall not without the written consent of his information is equally important,
reveal the confidences of the client, client, give information from his files to except upon lawful order of the court,
including data from the client’s files,an outside agency seeking such by the provisions of the law, an
except; information for auditing, statistical, express consent from the client or
bookkeeping, accounting, data when necessary to collect lawyer’s
(a) When a written informed consent is processing, or any similar purpose. fee.
obtained from the client; (21.03a)

(b) When required by law, such as

anti-money laundering statutes, or the Rule 21.01 - A lawyer shall not reveal
Rules of Court; the confidences or secrets of his client
except;
(c) To the extent necessary, to collect
the lawyer’s fees; (a) When authorized by the client after
acquainting him of the consequences
(d) In defense of the lawyer, or the
lawyer’s employees or associates of the disclosure;

(e) By judicial order, but only if (b) When required by law;

material. (21.01a)

(c) When necessary to collect his fees

or to defend himself, his employees or
associates or by judicial action.

SECTION 29. Duty of confidentiality

by former lawyers of a 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. (n)

The CPRA and CPR talks about the

SECTION 30. Duty of confidentiality of Rule 21.04 - A lawyer may disclose duty of a lawyer in disclosing affairs of
members of a law firm. — A lawyer the affairs of a client of the firm to the client of the firm to the members of
may disclose the legal matters partners or associates thereof unless the firm itself who will be involved in
entrusted by a client of the firm to the prohibited by the client. handling the clients matters, unless
partners and associates, as well as prohibited by the latter. In the CPRA,
paralegals, legal assistants, law provisions from Canon 21 of CPR is
clerks, legal researchers, law interns, congested in Canon 3 Section 30 of
and other non-legal staff, who are or Rule 21.05 - A lawyer shall adopt such the former.
will be involved in the handling of the measures as may be required to
client’s account, unless expressly prevent those whose services are
prohibited by the client. (21.04a) utilized by him, from disclosing or
using confidences or secrets of the
A lawyer directly entrusted with a clients.
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.
(21.05a)

Rule 21.06 - A lawyer shall avoid Filial disclosure in CPRA and CPR is
SECTION 31. Prohibition against filial indiscreet conversation about a prohibited on matters of indiscreet or
disclosure. — A lawyer shall not client's affairs even with members of in client’s confidence.
discuss a client’s confidences even his family.
with family members. (21.06a)

Rule 21.07 - A lawyer shall not reveal The CPRA and CPR protects the
SECTION 32. Non-disclosure of legal that he has been consulted about a integrity of the relationship and fidelity
consultation. — A lawyer shall not particular case except to avoid between a lawyer and his client
reveal that he or she has been possible conflict of interest.
consulted about a particular case
except to avoid possible conflict of
interest. (21.07a)

SECTION 33. Foreign lawyers. —

Foreign lawyers cannot, directly or
indirectly, practice law in the
Philippines. (n)

Canon 4 - a lawyer shall participate in The CPRA widened the scope of a

SECTION 34. Active participation in the development of the legal system lawyer's participation in the
the development of the legal by initiating or supporting efforts in law development of the legal profession
profession. — A lawyer shall reform and in the improvement of the because it includes not only the
participate in the development of the administration of justice. administration of justice, but the
legal system by initiating or supporting strengthening of the judicial and legal
efforts in law reform, the improvement system and advocacies in special
of the administration of justice, concern.
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. (4a)

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 officio 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.
(Canada Rules, Rule 3.4-2A)
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. (n)
Rule 2.02 - In such cases, even if the In CPRA and CPR it emphasizes the
SECTION 36. Pro bono Limited Legal lawyer does not accept a case, he importance of providing limited legal
Services. — A lawyer appointed by shall not refuse to render legal advice assistance to pro bono cases and
the court as counsel de oficio shall not to the person concerned if only to the refusal to render such assistance is
refuse to render Limited Legal extent necessary to safeguard the prohibited unless for reason of conflict
Services pro bono on the ground of latter's rights. of interest. The CPRA extends its
conflict of interest. Instead, the lawyer reach that it includes lawyer’s serving
shall disclose to all affected parties the government, unless prohibited by
such conflict of interest. (n) a law, or the applicable Civil Service
rules and regulation, or when there is
In any case, the lawyer may not refuse a conflict of interest with government.
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.
(2.02a)

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
de officio, unless prohibited by law, or
the applicable Civil Service rules and
regulations, or when there is a conflict
of interest with government. (n)

SECTION 37. Duty of confidentiality in

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.
(Canada Rules, Rule 3.4-2D) (n)

SECTION 38. Termination of 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. (Canada Rules,
Rule 3.4-2C)

In all cases, the Limited Legal

Services terminates upon the
completion of such services. (n)
SECTION 39. Limited Legal Services
of law student practitioners. — The
Limited Legal Services rendered by a
law student practitioner under the
Clinical Legal Education Program shall
be governed by the CPRA. (n)

SECTION 40. Accountability of legal

clinic director and supervising 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. (n

The CPRA and CPR guidelines in

SECTION 41. Fair and reasonable Rule 20.01 - A lawyer shall be guided determining fair and reasonable fees,
fees. — A lawyer shall charge only fair by the following factors in determining there is not much changes in essence
and reasonable fees. (20) his fees

Attorney’s fees shall be deemed fair

and reasonable if determined based
on the following factors: (a) the time spent and the extent of
the service rendered or required;
(a) The time spent and the extent of
the service rendered or required; (b) the novelty and difficulty of the
questions involved;
(b) The novelty and difficulty of the
issues

involved; (c) The importance of the subject

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

(d) The probability of losing other

engagements as a result of
acceptance of the case; (e) The probability of losing other
employment as a result of acceptance
(e) The customary charges for similar of the proffered case;
services and the recommended
schedule of fees, which the IBP
chapter shall provide;
(f) The customary charges for similar
(f) The quantitative or qualitative value services and the schedule of fees of
of the client’s interest in the the IBP chapter to which he belongs;
engagement, or the benefits resulting
to the client from the service;

(g) The contingency or certainty of (g) The amount involved in the

compensation; controversy and the benefits resulting
to the client from the service;

(h) The character of the engagement,

whether limited, seasonal, or (h) The contingency or certainty of
otherwise; and compensation;

(i) Other analogous factors. (20.01a)

(i) The character of the employment,

whether occasional or established;
and

(j) The professional standing of the

lawyer.

Rule 20.02 - A lawyer shall, in case of The CPRA includes the legal heirs or
SECTION 42. Division of fees upon referral, with the consent of the client, estate of the deceased lawyer in the
referral. — A lawyer shall, in case of be entitled to a division of fees in division or sharing of fees
referral of legal services in favor of proportion to the work performed and
another lawyer with the written responsibility assumed.
informed consent of the client, be
entitled to a division of fees in
proportion to the work performed and
responsibility assumed. (20.02a)

Where a lawyer undertakes 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. (9.02(b)a)

The CPRA made explicit prohibition

SECTION 43. Non-Sharing of fees Rule 9.02 - A lawyer shall not divide or on the non-sharing with non-lawyers.
with non- lawyers. — A lawyer shall stipulate to divide a fee for legal While CPR made explicit exception
not share, split, or divide or stipulate to services with persons not licensed to where a lawyer may divide or stipulate
divide, directly or indirectly, a fee for to divide a fee for legal services with
legal services with persons or practice law, except non-lawyers.
organizations not licensed or
authorized to practice law. (9.02a)
(a) Where there is a pre-existing
agreement with a partner or associate
that, upon the latter's death, money
shall be paid over a reasonable period
of time to his estate or to persons
specified in the agreement; or

(b) Where a lawyer undertakes to

complete unfinished legal business of
a deceased lawyer; or

(c) Where a lawyer or law firm

includes non-lawyer employees in a
retirement plan even if the plan is
based in whole or in part, on a profit
sharing agreement.

Rule 20.03 - A lawyer shall not, The CPRA and CPR allowed lawyers
SECTION 44. Payment of without the full knowledge and to receive payments from third party,
compensation by third party. — A consent of the client, accept any fee, with full knowledge and express
lawyer shall not receive any fee, reward, costs, commission, interest, consent from the client. In the CPRA,
reward, costs, commission, interest, rebate or forwarding allowance or it made mention that receipt of
rebate or forwarding allowance or other compensation whatsoever compensation from someone must not
other compensation from anyone related to his professional employment jeopardize the lawyer and the
other than the client, except upon the from anyone other than the client. lawyer-client relationship as well as
written informed consent of such violation on the rule of privilege
client. (20.03a) communication.
Receipt of compensation 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. (ABA Model Rules,
Rule 1.8 – Comment)

SECTION 45. Prompt payment 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. (n)

The CPRA and CPR stipulates that

SECTION 46. Controversy over legal Rule 20.04 - A lawyer shall avoid judicial action as a last resort and that
fees. — A lawyer shall avoid any controversies with clients concerning lawyers shall avoid controversy with
controversy with a client concerning his compensation and shall resort to client concerning his fees
fees for legal services and shall resort judicial action only to prevent
to judicial action solely to prevent imposition, injustice or fraud.
imposition, injustice or fraud. (20.04a)
SECTION 47. Enforcement of
attorney’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, tribunal, or other
government agency of origin on the
action or proceeding, the claim for the
enforcement of the lien shall be by an
independent action. (n)

SECTION 48. Compensation for

counsel de oficio. — Subject to
availability of funds as may be
provided by law, the court may, in its
discretion, order a lawyer engaged as
counsel de officio to be compensated
in such sum as the court may fix
following Canon III, Section 41,
provided that it is not covered by the
provision on Limited Legal Services.
(Rule 138.32a)

Rule 16.01 - A lawyer shall account for The CPRA gives importance on the
SECTION 49. Accounting during all money or property collected or subject of inventory of funds he
engagement. — A lawyer, during the received for or from the client. received while engaged in the
existence of the lawyer- client lawyer-client relationship whether its
relationship, shall account for and from the client or third person,
prepare an inventory of any fund or immediately upon such receipt. While
property belonging to the client, CPR limited the discussion on the
whether received from the latter or money or property the lawyer received
from a third person, immediately upon from the client only, excluding third
such receipt. (16.01a) person.

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. (n)

Rule 16.02 - A lawyer shall keep the The CPRA and CPR emphasize that
SECTION 50. Separate funds. — A funds of each client separate and funds from each clients should be
lawyer shall keep the funds of the apart from his own and those of others separated to avoid fiscal issue and
clients separate and apart from his or kept by him. observe due diligence
her own and those of others kept by
the lawyer. (16.02a)

SECTION 51. Prohibition against

acquiring interest in object of litigation
or transaction. — 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. (ABA Model Rules, Rule
1.8(j)) (n)

Rule 16.04 - A lawyer shall not borrow The CPRA and CPR discussed the
SECTION 52. Prohibition on lending money from his client unless the lending and borrowing money to
and borrowing; exceptions. — During client's interest are fully protected by clients is prohibited unless for
the existence of the lawyer-client the nature of the case or by justifiable reason or to the interest of
relationship, a lawyer shall not lend independent advice. Neither shall a the client. The CPRA includes in the
money to a client, except under urgent lawyer lend money to a client except, exception of prohibition are those
and justifiable circumstances. when in the interest of justice, he has standard commercial transaction for
Advances for professional fees and to advance necessary expenses in a products or services that the clients
necessary expenses in a legal matter legal matter he is handling for the offer to the public in general or prior
the lawyer is handling for a client shall client. business relationship between the
not be covered by this rule. lawyer and client and when there is a
contract between the two.
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 relationship, or where there
is a contract between the lawyer and
the client. (16.04a)
 Termination of engagement by a
SECTION 53. Termination of Canon 22 - a lawyer shall withdraw his lawyer to his client is discussed in
engagement by the lawyer. — A services only for good cause and upon both the CPRA and CPR under the
lawyer shall terminate the lawyer- notice appropriate in the same condition. The CPRA covers
client engagement only for good circumstances. also the factor that a lawyer can no
cause and upon written notice, in any longer be found despite diligent efforts
of the following cases: Rule 22.01 - A lawyer may withdraw as ground for terminating
his services in any of the following engagement.
(a) When the client pursues an illegal case:
or immoral course of conduct in
connection with the engagement;

(b) When the client insists that the (a) When the client pursues an illegal
lawyer pursue conduct that is violative or immoral course of conduct in
of these Canons and rules; connection with the matter he is
handling;
(c) When the lawyer’s inability to work
with a co-counsel will not promote the (b) When the client insists that the
best interest of the client; lawyer pursue conduct violative of
these canons and rules;
(d) When the moral predisposition or
the mental or physical condition of the
lawyer renders it difficult to carry out
the engagement effectively; (c) When his inability to work with
co-counsel will not promote the best
(e) When the client deliberately fails to interest of the client;
pay the fees for the lawyer’s services,
fails to comply with the retainer
agreement, or can no longer be found
despite diligent efforts; (d) When the mental or physical
condition of the lawyer renders it
(f) When the lawyer is elected or difficult for him to carry out the
appointed to public office; employment effectively;
(g) Other similar cases. (22a, 22.01a)

(e) When the client deliberately fails to

pay the fees for the services or fails to
comply with the retainer agreement;

(f) When the lawyer is elected or

appointed to public office; and

(g) Other similar cases.

SECTION 54. Termination of

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

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. (R138.24a)

For the payment of the compensation,

the lawyer shall have a charging lien
upon all judgments for the payment of
money, and executions issued in
pursuance of such judgment, rendered
in the case where the lawyer’s
services had been retained by the
client. (R138.26a) (n)

SECTION 55. Termination of

engagement upon death. — 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. (n)

Rule 22. 02 lawyer who withdraws or In the CPRA and CPR, it emphasize
SECTION 56. Accounting and turn is discharged shall, subject to a that a lawyer’s duty does not end
over upon termination of engagement. retainer lien, immediately turn over all when the lawyer’s client relationship
— A lawyer who is discharged from or papers and property to which the end, but must immediately render a
terminates the engagement shall, client is entitled, and shall cooperate full account of and turn over all
subject to an attorney’s lien, with his successor in the orderly documents, evidence, funds and
immediately render a full account of transfer of the matter, including all properties belonging to the client and
and turn over all documents, information necessary for the proper cooperate with the succeeding lawyer
evidence, funds, and properties handling of the matter for the transfer of all legal matters.
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. (22.02a)

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. (R138.37a)

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 Canon 18 - a lawyer shall serve his The provisions of CPRA section 1 was
conscientious service. — A lawyer client with competence and diligence. adopted from Canon 18, Rule 18.02
shall provide legal service that is and Rule 18.02 with modifications
competent, efficient, and Rule 18.02 - A lawyer shall not handle
conscientious. A lawyer shall be any legal matter without adequate
thorough in research, preparation, and preparation.
application of the legal knowledge and
skills necessary for an engagement. Rule 18.03 - A lawyer shall not neglect
a legal matter entrusted to him, and
his negligence in connection therewith
shall render him liable.

Section 2 of CPRA was adopted from

Section 2. Undertaking legal services;Rules 18.01 - A lawyer shall not
Rule 18.01.
collaborating counsel. — A lawyer undertake a legal service which he
shall only undertake legal services heknows or should know that he is not
or she can deliver. qualified to render. However, he may
render such service if, with the
With the prior written consent of the consent of his client, he can obtain as
client, a lawyer may secure the collaborating counsel a lawyer who is
services of a collaborating counsel. competent on the matter.

Section 3 of CPRA was adopted from

Section 3. Diligence and punctuality. Rule 11.02 - A lawyer shall punctually rule 11.02.
— A lawyer shall diligently and appear at court hearings.
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 of CPRA was adopted from

Section 4. Diligence in all Rule 12.01 - A lawyer shall not appear rule 12.01, 12.04, and rule 18.02
undertakings. — A lawyer shall for trial unless he has adequately
observe diligence in all professional prepared himself on the law and the
undertakings, and shall not cause or facts of his case, the evidence he will
occasion delay in any legal matter adduce and the order of its
before any court, tribunal, or other proferrence. He should also be ready
agency. with the original documents for
comparison with the copies.
A lawyer shall appear for trial
adequately familiar with the law, the Rule 12.04 A lawyer shall not unduly
facts of the case, and the evidence to delay a case, impede the execution of
be presented. A lawyer shall also be a judgment or misuse Court
ready with the object and processes.
documentary evidence, as well as the
judicial affidavits of the witnesses, Rule 18.02 - A lawyer shall not handle
when required by the rules or the any legal matter without adequate
court. preparation.

Section 5 of CPRA was adopted from

Section 5. Prompt and objective Rule 15.05. - A lawyer when advising rule 15.05 of CPR.
assessment of the merits. — A lawyer his client, shall give a candid and
shall, after reasonable inquiry, honest opinion on the merits and
promptly give an objective probable results of the client's case,
assessment of the merits and neither overstating nor understating
probable results of the client’s case. the prospects of the case.

A lawyer shall explain the viable

options to the client to enable an
informed decision regarding the
matter.

Section 6 of CPRA was adopted from

Section 6. Duty to update the client. Rule 18.04 - A lawyer shall keep the rule 18.04 of CPR
— A lawyer shall regularly inform the client informed of the status of his
client of the status and the result of case and shall respond within a
the matter undertaken, and any action reasonable time to the client's request
in connection thereto, and shall for information.
respond within a reasonable time to
the client’s request for information.

Section 7 of CPRA was adopted from

Section 7. Extension of time to file. — Rule 12.03 - A lawyer shall not, after rule 12.03 and rule 18.03 of CPR
A lawyer shall avoid asking for an obtaining extensions of time to file
extension of time to file any pleading, pleadings, memoranda or briefs, let
motion, or other court submission, the period lapse without submitting the
except when allowed by the Rules of same or offering an explanation for his
Court or for good cause. failure to do so.

When an extension is obtained, the

lawyer shall not let the period lapse
without submitting the pleading, Rule 18.03 - A lawyer shall not neglect
motion, or other court submission, a legal matter entrusted to him, and
except upon the client’s decision not his negligence in connection therewith
to pursue the case any further or for shall render him liable.
other justifiable cause.

Section 8 of CPRA was adopted from

Section 8. Lifelong learning. — A Canon 5 - A lawyer shall keep abreast
the Canon 5 of the CPR.
competent lawyer engages in lifelong of legal developments, participate in
learning through the continued continuing legal education programs,
development of professional skills. support efforts to achieve high
standards in law schools as well as in
the practical training of law students
and assist in disseminating the law
and jurisprudence.

Rule 6.02 - A lawyer in the Section 9 of the CPRA was adopted

Section 9. Practice of law government service shall not use his by Rules 6.02 and 15.08 of the CPR
concurrent with another profession. public position to promote or advance
— A lawyer who is engaged in another his private interests, nor allow the
profession or occupation concurrently latter to interfere with his public duties.
with the practice of law shall expressly
provide in the pertinent contract the Rule 15.08. A lawyer who is engaged
nature of the services the lawyer is in another profession or occupation
engaged to perform. concurrently with the practice of law
shall make clear to his client that he is
The practice of another profession or acting as a lawyer or in another
occupation shall not jeopardize such capacity
lawyer’s competence, integrity, probity,
and independence in rendering legal
services.

Section 10 is the added new

Section 10. Non-legal activities. — provisions of CPRA.
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 oequaf personal opinion,
religious or political beliefs pertaining
on the personal circumstances of the
client, except for justifiable reasons.

SECTION 1. Non-discrimination. — Not much have changed except the

A lawyer shall not decline to represent CANON 14 - A LAWYER SHALL additional of persons that have the
a person solely on account of the NOT REFUSE HIS SERVICES TO right to be represented, namely; the
latter’s nationality or ethnicity, sexual THE NEEDY. nationality, gender identity, sexual
orientation or gender identity, religion, orientation, religion, disability, age,
disability, age, marital status, social or Rule 14.01 - A lawyer shall not decline marital status, social or economic
economic status, political beliefs, or to represent a person solely on status, political beliefs have been
such lawyer’s or the public’s opinion elaborated the in New CPRA.
account of the latter's race, sex. creed
regarding the guilt of said person,
except for justifiable reasons. or status of life, or because of his own
opinion regarding the guilt of said
person.

Canon V, section 2 is newly added to

SECTION 2. Treatment of CPRA.
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.

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.

Canon V Section 3(c) is newly added

SECTION 3. Indigent person. — A Rule 14.03 - A lawyer may not refuse to CPRA
lawyer shall not refuse the to accept representation of an indigent
representation of an indigent person, client unless:
except if:
(a) he is not in a position to carry out
the work effectively or competently;
(a) the lawyer is not in a position to
carry out the work effectively or (b) he labors under a conflict of
competently due to a justifiable cause;
interest between him and the
prospective client or between a
present client and the prospective
(b) the lawyer will be placed in a
client.
conflict-of- interest situation;

(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 any person who has no

money or property sufficient for food,
shelter and other basic necessities for
oneself and one’s family.​

Nothing has been changed from CPR

SECTION 4. Standard of service. — Rule 14.04 - A lawyer who accepts the to CPRA.
A lawyer shall observe the same cause of a person unable to pay his
standard of service for all clients, professional fees shall observe the
regardless of remuneration, except for same standard of conduct governing
the higher standard required for his relations with paying clients.
representation of vulnerable persons.
CANON VI ACCOUNTABILITY Canon VI is newly added to the CPR
and is neither amended nor revised.

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 makes

the lawyer unfit to continue in the
practice of law and accountable to
society, the courts, the legal
profession, and the client.

Section 1. Nature of disciplinary Rules of Court Canon 6 Section 1 was adopted from
proceedings against lawyers. — Rules of Court Rule 139-B Section 18.
Disciplinary proceedings against RULE 139-B, C. COMMON PROVISIONS The essence from the original document
lawyers shall be confidential in was not altered however the syntax was
Section 18. Confidentiality. — slightly changed.
character and summary in nature.
Proceedings against attorneys shall be
Nonetheless, the final order of the private and confidential. However, the final
order of the Supreme Court shall be
Supreme Court shall be published like
published like its decisions in other cases.
its decisions in other cases.

CPRA Canon VI Section 2. How Rules of Court Canon 6 Section 2 was adopted from
instituted. — Proceedings for the Rules of Court Rule 139-B Section 1. The
disbarment, suspension, or discipline RULE 139-B essence from the original document was
of lawyers may be commenced by the Disbarment and Discipline of Attorneys not altered however the syntax was
Supreme Court on its own initiative, slightly changed
or upon the filing of a verified
complaint by the Board of Governors
Section 1. How Instituted. — Proceedings
of the Integrated Bar of the
for the disbarment, suspension, or discipline
Philippines (IBP), or by any person,
of attorneys may be taken by the Supreme
before the Supreme Court or the IBP. Court motu propio, or by the Integrated Bar
However, a verified complaint against of the Philippines (IBP) upon the verified
a government lawyer which seeks to complaint of any person. The complaint
discipline such lawyer as a member of shall state clearly and concisely the facts
the Bar shall only be filed in the complained of and shall be supported by
Supreme Court. affidavits of persons having personal
knowledge of the facts therein alleged
A verified complaint filed with the and/or by such documents as may
Supreme Court may be referred to the substantiate said facts.
IBP for investigation, report and
recommendation, except when filed The IBP Board of Governors may, motu
directly by the IBP, in which case, the propio or upon referral by the Supreme
verified complaint shall be referred to Court or by a Chapter Board of Officers, or
the Office of the Bar Confidant or such at the instance of any person, initiate and
fact-finding body as may be prosecute proper charges against erring
designated. attorneys including those in the government
service.
Complaints for disbarment,
Six (6) copies of the verified complaint shall
suspension and discipline filed against
be filed with the Secretary of the IBP or the
incumbent Justices of the Court of
Secretary of any of its chapter who shall
Appeals, Sandiganbayan, Court of Tax forthwith transmit the same to the IBP
Appeals and judges of lower courts, or Board of Governors for assignment to an
against lawyers in the judicial service, investigator.
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.

Canon VI is newly added to the CPR

Section 3. Contents of the and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 4. List of Investigating and is neither amended nor revised.
Commissioners; 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.

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

Court 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.

Canon VI is newly added to the CPR

Section 5. Assignment by raffle of and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 6. Complaint against a and is neither amended nor revised.
government lawyer. — When a
complaint is filed against a
government lawyer, the Investigating
Commissioner shall determine, within
five 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.

Canon VI is newly added to the CPR

Section 7. Disqualification of and is neither amended nor revised.
Investigating 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.

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 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.

Canon VI is newly added to the CPR

Section 8. Duties of the and is neither amended nor revised.
Investigating Commissioner. —
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.

Canon VI is newly added to the CPR

Section 9. Submissions allowed; and is neither amended nor revised.
verification. — 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.

Canon VI is newly added to the CPR

Section 10. Prohibited and is neither amended nor revised.
submissions. — The following
submissions are prohibited: chanroblesvirtualawlibrary

(a) Motion to dismiss the

complaint or petition,
except on the ground of
lack of jurisdiction, litis
pendentia or res judicata;​
(b) Motion for a bill of
particulars;​
(c) Motion to reopen or for
new trial;​
 (d) Petition for relief from
judgment;​
(e) Supplemental
pleadings;​
(f) Motion for
reconsideration of a
judgment on the merits,
except a motion for
reconsideration of an
interlocutory order or
resolution.chanrobl

Canon VI is newly added to the CPR

Section 11. Lack of prima facie and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 12. Effect of death of and is neither amended nor revised.
lawyer on administrative
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.

Canon VI is newly added to the CPR

Section 13. Issuance of summons. and is neither amended nor revised.
— 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.

Canon VI is newly added to the CPR

Section 14. Verified answer. — The and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 15. Dismissal after and is neither amended nor revised.
answer. — If the Investigating
Commissioner finds that the complaint
is not meritorious based on the
verified answer, the Investigating
Commissioner shall recommend to the
Supreme Court the dismissal of the
complaint. Otherwise, the Supreme
Court shall direct the Investigating
Commissioner to conduct further
proceedings.

Canon VI is newly added to the CPR

Section 16. Irrelevance of and is neither amended nor revised.
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.
 Canon VI is newly added to the CPR
Section 17. Counsel de oficio. — and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 18. Investigation. — Upon and is neither amended nor revised.
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 parte. 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 subpoena and
administer oaths and affirmations in
relation to the conduct of the
proceedings.
 Canon VI is newly added to the CPR
Section 19. Indirect contempt. — and is neither amended nor revised.
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 20 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, 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.

Canon VI is newly added to the CPR

Section 20. Submission of and is neither amended nor revised.
preliminary conference 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:
chanroblesvirtualawlibrary

(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.chanroblesvirtualawlibrary

Canon VI is newly added to the CPR

Section 21. Preliminary and is neither amended nor revised.
conference order; position papers.
— 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.

Canon VI is newly added to the CPR

Section 22. Clarificatory hearing. and is neither amended nor revised.
— 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 clarificatory
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.
 Canon VI is newly added to the CPR
Section 23. Minutes of and is neither amended nor revised.
proceedings. — The proceedings
before the IBP shall be recorded.

Canon VI is newly added to the CPR

Section 24. Non-appearance of and is neither amended nor revised.
parties. — Non-appearance at the
clarificatory hearing shall be deemed a
waiver of the right to participate
therein.

Canon VI is newly added to the CPR

Section 25. Issuance of report and and is neither amended nor revised.
recommendation by the
Investigating 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 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.

Canon VI is newly added to the CPR

Section 26. Submission of and is neither amended nor revised.
Resolution by the Board of
Governors. – The IBP Board of
Governors shall have a non-extendible
period of ninety (90) calendar days
from receipt of the 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.

Canon VI is newly added to the CPR

Section 27. Depositions. — and is neither amended nor revised.
Depositions may be taken in
accordance with the Rules of Civil
Procedure, as amended, with leave of
the Investigating Commissioner.

Canon VI is newly added to the CPR

Section 28. Filing and service. — and is neither amended nor revised.
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 mail 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.

Canon VI is newly added to the CPR

Section 29. Substantial defects; and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 30. Proceedings initiated and is neither amended nor revised.
before the Supreme Court. — 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-finding 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.

Canon VI is newly added to the CPR

Section 31. Preventive and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 32. Quantum and burden and is neither amended nor revised.
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.

Canon VI is newly added to the CPR

Section 33. Serious offenses. — and is neither amended nor revised.
Serious offenses include: chanroblesvirtualawlibrary

(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;​
(d) Gross negligence in the
performance of duty, or
conduct that is reckless
and inexcusable, which
results in the client being
deprived of his or her day
in court;​
(e) Conviction of a crime
involving moral turpitude;​
(f) 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;​
(j) 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;​
(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, distribution,
possession and/or use of
illegal drugs or
 substances. chanroblesvirtu

Canon VI is newly added to the CPR

Section 34. Less serious offenses. and is neither amended nor revised.
— Less serious offenses
include:
chanroblesvirtualawlibrary

(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;​
(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
offensive 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. chanroblesvirtualawlibrary

Canon VI is newly added to the CPR

Section 35. Light offenses. — Light and is neither amended nor revised.
offenses include: chanroblesvirtualawlibrary

(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. chanroblesvirtualawlibrary

Canon VI is newly added to the CPR

Section 36. Assisting in the and is neither amended nor revised.
commission of an 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.

Canon VI is newly added to the CPR

Section 37. Sanctions. — and is neither amended nor revised.
(a) If the respondent is
found guilty of a serious
offense, any of the
following sanctions, or a
combination thereof, shall
be imposed: chanroblesvirtualawlibrary

(1)
Disbarment;​
(2) Suspension
from the
practice of law
for a period
exceeding six
(6) months;​
(3) Revocation
of notarial
commission and
disqualification
as notary public
for not less
than two (2)
years; or​
(4) A fine
exceeding
Php100,000.00.
chanroblesvirtualawlibrary

(b) If the respondent is

found guilty of a less
serious offense, any of the
following sanctions, or a
combination thereof, shall
be imposed: chanroblesvirtualawlibrary\

(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
disqualification
as notary public
for less than
two (2) years;​
(2) A fine
within the
range of
P35,000.00 to
P100,000.00.
rtualawlibrary
chanroblesvi

(c) If the respondent is

found guilty of a light
offense, any of the
following sanctions shall be
imposed: chanroblesvirtualawlibrary

(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.

In all instances, when the offense

involves money or property owed,
which is intrinsically linked to the
lawyer-client relationship, the
respondent shall be ordered to return
the same.

Canon VI is newly added to the CPR

Section 38. Modifying and is neither amended nor revised.
circumstances. — In determining
the appropriate penalty to be
imposed, the Court may, in its
discretion, appreciate the
following mitigating and
aggravating circumstances: chanroblesvirtualawlibrary

(a) Mitigating
circumstances: chanroblesvirtualawlibrary

(1) First
offense, except
in charges of
gross
misconduct,
bribery or
corruption,
grossly immoral
conduct,
misappropriatin
g 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.
oblesvirtualawlibrary
chanr

(b) Aggravating
Circumstances: chanroblesvirtualawlibrary

(1) Finding of
previous
administrative
liability where a
penalty is
imposed,
regardless of
nature or
gravity;​
(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;​
(8) Other
analogous
circumstances.

Canon VI is newly added to the CPR

Section 39. Manner of imposition. and is neither amended nor revised.
— 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.

Canon VI is newly added to the CPR

Section 40. Penalty for multiple and is neither amended nor revised.
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.

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.

Canon VI is newly added to the CPR

Section 41. Payment of fines and and is neither amended nor revised.
return of client’s money and
property. — When the penalty
imposed is a fine 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.

Canon VI is newly added to the CPR

Section 42. Penalty when the and is neither amended nor revised.
respondent has been previously
disbarred. — 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.

Canon VI is newly added to the CPR

Section 43. Immediately and is neither amended nor revised.
executory; furnished 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 Integrated Bar of the
Philippines National Office and local
chapter to which the respondent
belongs, and the Office of the Court
Administrator for circulation to all the
courts.

Canon VI is newly added to the CPR

Section 44. Confidentiality. — and is neither amended nor revised.
Proceedings against lawyers shall be
confidential. However, the final order
of the Supreme Court shall be
published like its decisions in other
cases.
 Canon VI is newly added to the CPR
Section 45. Sworn statement after and is neither amended nor revised.
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:chanroblesvirtualawlibrary

(a) has not appeared

before any court, tribunal
or other government
agency, whether in respect
of current, former or
prospective clients;​
(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. chanroblesvirtualawlibrary

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.

Canon VI is newly added to the CPR

Section 46. Resumption of and is neither amended nor revised.
practice 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.

Canon VI is newly added to the CPR

Section 47. Reinstatement in the and is neither amended nor revised.
Roll of Attorneys. — A lawyer who
has been disbarred may file a verified
petition for judicial clemency after five
years from the receipt of the order,
decision, resolution of disbarment.

Canon VI is newly added to the CPR

Section 48. Petition for judicial and is neither amended nor revised.
clemency. — The verified petition for
judicial clemency shall allege the
following:chanroblesvirtualawlibrary

(a) that the verified

petition was filed after five
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. chanroblesvirtualawlibrary

Any of the following allegations may

also be made in support of the
petition:
chanroblesvirtualawlibrary

(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. chanroblesvirtualawlibrary

Canon VI is newly added to the CPR

Section 49. Action on the petition and is neither amended nor revised.
for judicial 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 prima facie merit,

the Supreme Court shall refer the
petition to the Office of the Bar
Confidant or any fact-finding body the
Court so designates for investigation,
report and recommendation.

If the petition fails to show any prima

facie merit, it shall be denied outright.
 Canon VI is newly added to the CPR
Section 50. Investigation by the and is neither amended nor revised.
Office of the Bar Confidant or
other fact-finding 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.

Canon VI is newly added to the CPR

Section 51. Decision on the and is neither amended nor revised.
petition for judicial clemency;
quantum of evidence. — The
Supreme Court shall decide the
petition on the basis of clear and
convincing evidence.

Canon VI is newly added to the CPR

Section 52. Prohibition against and is neither amended nor revised.
employment of disbarred 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:
chanroblesvirtualawlibrary

(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; or​
(e) Receiving, disbursing,
or otherwise handling a
client’s funds; or​
(f) Teaching law subjects in
any educational institution.​
(g) Acting and being
commissioned as a Notary
Public.chanroblesvirtualawlibrary

A suspended lawyer shall immediately

cease and desist from the practice of
law until the suspension is lifted by
the Supreme Court.

Any client previously represented by a

suspended lawyer may engage the
services of a new lawyer.

The disbarment 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.

Canon VI is newly added to the CPR

Section 53. Costs. — All reasonable and is neither amended nor revised.
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.

https://sc.judiciary.gov.ph/wp-content/uploads/2023/05/22-09-01-SC-FINAL.pdf