CPRA III-VI

CANON III – FIDELITY

What is fidelity in the context of a lawyer's duties?

- Fidelity is a lawyer's obligation to uphold the Constitution, follow the laws of the land, assist in the administration of justice, and advance or defend a client's cause with full devotion, genuine interest, and zeal in pursuit of truth and justice.

What is the practice of law?

- The practice of law involves rendering legal services, applying legal principles and judgment, and pursuing truth and justice for a person or cause through a lawyer-client relationship or other engagement governed by the Code of Professional Responsibility and Accountability for lawyers.

What is expected of a responsible and accountable lawyer?

- A responsible and accountable lawyer should uphold the Constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and maintain the honor and integrity of the legal profession. As an officer of the court, they should also assist in the speedy and efficient administration of justice.

How does a lawyer-client relationship arise?

- A lawyer-client relationship arises when a client consciously, voluntarily, and in good faith vests confidence in a lawyer for the purpose of rendering legal services such as providing legal advice or representation. The lawyer may agree to render these services either expressly or implicitly.

Can a lawyer bind a client in a legal engagement without written authorization?

- A lawyer can only bind a client in a legal engagement with written authorization through an agreement. The lawyer cannot compromise a client's litigation or receive anything in discharge of their claim without a special power of attorney for that purpose.

Does a written power of attorney need to be presented for a lawyer to appear in court on behalf of their client?

- No, a written power of attorney is not required for a lawyer to appear in court on behalf of their client. The court assumes that the lawyer is properly authorized to represent their client unless otherwise proven by just cause.

Under what circumstances might a court require a lawyer to produce or prove their authority to appear on behalf of their client?

- The court may require a lawyer to produce or prove their authority to appear on behalf of their client on its own initiative or upon motion by either party if there is just cause for doing so.

What is the fiduciary duty of a lawyer, and how should they uphold it?

- The fiduciary duty of a lawyer is the trust and confidence that a client places in them. To uphold this duty, a lawyer should not abuse or exploit the relationship with their client.

What is prohibited under Section 7 of the law, and why?

- Under Section 7, a lawyer shall not:

(a)     file or encourage the filing of any suit or proceeding not authorized by law or jurisprudence and without any evidentiary support;

(b)    unduly impede the execution of an order or judgment which is warranted; or

(c)     abuse court processes.

What is a lawyer's duty to encourage settlement, and how can they fulfill it?

- A lawyer's duty to encourage settlement is to help their client avoid, end, or settle a controversy through mediation or dispute resolution. They can fulfill this duty by actively assisting the parties and the court, tribunal, or other government agency in effecting mediation and/or dispute resolution.

What should a lawyer do if they receive information about their client committing fraud in relation to a matter before a court or against an officer thereof?

- If a lawyer receives information about their client committing fraud in relation to a matter before a court or against an officer thereof, they should promptly call upon the client to rectify the same. Failure to do so can result in termination of the engagement by the lawyer.

What is the responsibility of a lawyer or law firm regarding mistakes, negligence, and acts or omissions of their subordinate lawyers, paralegals, or employees?

- A lawyer or law firm is responsible for the mistakes, negligence, and/or acts or omissions of their subordinate lawyers, paralegals, or employees under their direct supervision and control who are acting within the scope of assigned tasks. However, this liability does not attach if the supervising lawyer exercises diligence in selecting and supervising their subordinate lawyers, paralegals, or employees.

What is the responsibility of a supervisory lawyer over a supervised lawyer?

- A supervisory lawyer is responsible for a violation of the Code of Professional Responsibility and Accountability (CPRA) by a supervised lawyer in three situations:

(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.

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.

Who is considered a supervised lawyer?

- A supervised lawyer is a lawyer who has direct supervisory authority over another lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court.

What is the responsibility of a supervised lawyer?

- A supervised lawyer acting under the direction of a supervising lawyer, managing partner, or other partners of the firm is still bound by the Code of Professional Responsibility and Accountability (CPRA).

What is conflict of interest?

- Conflict of interest occurs 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 their duty to oppose for another client.

Are there restrictions on conflict-of-interest representation for current clients?

- Yes, In relation to current clients, the following rules shall be observed:

(a)     A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:

(1)     it is shown that the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;

(2)     the client is advised in writing of the desirability of seeking, and is given a reasonable opportunity to seek, the advice of another independent lawyer on the transaction; and

(3)     the client gives written informed consent to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

(b)    A lawyer shall not use confidential information relating to representation of a client without the client’s written informed consent, except as permitted or required by law or the CPRA.

(c)     A lawyer shall not, by undue influence, acquire any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer such gift, directly or indirectly.

(d)    Unless with the written informed consent of the client and subject to the application of the 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.

(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.

(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.

(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.

What should be done if a lawyer joins a law firm and has previous clients with potential conflicts of interest with current clients?

- The lawyer should disclose their previous clients with potential conflicts of interest to the law firm at the earliest possible opportunity. If there is a potential conflict of interest, the lawyer should not act on the case or cases of the affected current client.

What is prohibited under Section 16, and why?

- Under Section 16, a lawyer is prohibited from having dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced. This is prohibited because it can compromise the lawyer's objectivity and professional judgment, and may create a conflict of interest.

What rules should be observed in relation to prospective clients?

- In relation to prospective clients, the following rules shall be observed:

(a)     A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to exist.

In case of an objection by either the prospective or current client, the lawyer shall not accept the new engagement.

(b)    A lawyer shall maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client.

What rules should be observed in relation to former clients?

- In relation to former clients, the following rules shall be observed:

(a)     A lawyer shall maintain the private confidences of a former client even after the termination of the engagement, except upon the written informed consent of the former client, or as otherwise allowed under the CPRA or other applicable laws or regulations, or when the information has become generally known.

(b)    A lawyer shall not use information relating to the former representation, except as the CPRA or applicable laws and regulations would permit or require with respect to a current or prospective client, or when the information has become generally known.

(c)     Unless the former client gives written informed consent, a lawyer who has represented such client in a legal matter shall not thereafter represent a prospective client in the same or related legal matter, where the prospective client’s interests are materially adverse to the former client’s interests.

How should corporate lawyers handle conflicts of interest?

- A lawyer who represents a corporation or other organization does not necessarily represent any constituent or affiliated organization such as a parent or subsidiary. The lawyer should determine whether their responsibilities as a board member or trustee may conflict with their legal duties. If there is a conflict, they should disclose it to all concerned parties.

What is a legal services organization, and what rules apply to them regarding conflicts of interest and confidentiality?

- A legal services organization is any private organization that primarily provides free legal services such as legal aid clinics, partnerships, associations, or corporations. The rules regarding conflicts of interest and confidentiality apply to all lawyers who participated in handling a legal matter for such organizations. The lawyer-client relationship arises only between the client and the handling lawyers of the legal services organization.

What is the restriction on lawyers currently serving in the government and their private practice?

- A lawyer currently serving in the government is not allowed to practice law privately, unless authorized by the Constitution, the law, or applicable Civil Service rules and regulations. If allowed, private practice is only permitted 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.

What is the role of the Public Attorney's Office?

- The Public Attorney's Office is the primary legal aid service office of the government. Its mandate is to provide ready access to legal aid services for marginalized sectors of society, while avoiding potential conflict of interest situations that may leave these parties unassisted by counsel.

How is a conflict of interest handled in the Public Attorney's Office?

- In the Public Attorney's Office, a conflict of interest incident to services rendered for the Office shall be imputed only to the affected lawyer and their direct supervisor. Such a conflict of interest shall not disqualify the rest of the lawyers from representing the affected client, provided that there is full disclosure to the client and written informed consent.

What is an amicus curiae?

- An amicus curiae is a person or organization that is not a party to a legal proceeding but offers information or arguments to assist the court in making a decision. A lawyer shall not decline a request by any court, tribunal, or other government agency to act as amicus curiae in any proceeding relating to their expertise or field of specialization, unless there is just cause for doing so.

What is expected of lawyers regarding legal education?

- Lawyers are expected to keep abreast of legal developments, participate in continuing legal education programs, and support efforts to achieve standards of excellence in law schools as well as in practical training for law students. They are also encouraged to assist organizations such as law schools, law associations, and civic organizations in educating the public on the law and jurisprudence. The IBP Chapters are expected to provide supervising lawyers to legal aid clinics in their jurisdiction.

What role do lawyers play in supporting legal internship, apprenticeship, and training?

- Lawyers are expected to support legal internship and apprenticeship programs and accept law students for training. They should treat apprentices as junior colleagues and future counsels and conscientiously supervise them.

What is required of lawyers regarding payment of membership dues to the Integrated Bar of the Philippines?

- A lawyer is required to promptly pay the annual membership dues to the Integrated Bar of the Philippines, unless exempted by law or rules.

What is the duty of confidentiality that a lawyer owes to their client?

- A lawyer has a duty to maintain the confidences of their client and respect data privacy laws. This duty continues even after the termination of the lawyer-client engagement.

When can a lawyer reveal their client's confidences?

- A lawyer can reveal their client's confidences:

a)      With written informed consent from the client;

b)      When required by law, such as anti-money laundering statutes or Rules of Court;

c)       To collect the lawyer's fees;

d)      In defense of the lawyer or their employees or associates; or

e)      By judicial order, but only if material.

What is the duty of confidentiality that former lawyers of a law firm owe to their previous clients?

- Former lawyers of a law firm are still bound by the rule on confidentiality pertaining to clients of their previous law office or law firm.

What is the duty of confidentiality that members of a law firm owe to their clients' confidences?

- Members of a law firm can disclose legal matters entrusted by a client of the firm to partners, associates, paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff who are or will be involved in handling the client's account, unless expressly prohibited by the client. However, lawyers directly entrusted with a client's confidences must take necessary measures to prevent other members of the law firm from disclosing or using them without written informed consent from the client.

What is prohibited for a lawyer regarding discussing their client's confidences?

- A lawyer is prohibited from discussing their client's confidences even with their family members.

When is a lawyer allowed to reveal that they have been consulted about a particular case?

- A lawyer is allowed to reveal that they have been consulted about a particular case only to avoid possible conflict of interest.

What is prohibited for foreign lawyers in the Philippines?

- Foreign lawyers cannot, directly or indirectly, practice law in the Philippines.

What is encouraged for lawyers regarding the development of the legal profession?

- Lawyers are encouraged to participate in the development of the legal system by initiating or supporting efforts in law reform, the improvement of the administration of justice, 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.

What type of legal services does Section 35 refer to?

- 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.

Is there a requirement for a lawyer to state that they are rendering Limited Legal Services?

- Yes. A lawyer shall state that the service being rendered is in the nature of Limited Legal Services.

Are there any restrictions on compensation for lawyers who render Limited Legal Services?

- No. A lawyer who renders Limited Legal Services shall be entitled to compensation as may be agreed upon or provided by the Rules of Court.

What is required of a lawyer appointed as counsel de officio regarding pro bono Limited Legal Services?

- A lawyer appointed as counsel de officio shall not refuse to render pro bono Limited Legal Services on the ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such conflict of interest. The lawyer may not refuse to render such pro bono legal services to the person concerned if only to the extent necessary to safeguard their fundamental rights and not to deprive such person of remedies available under the law or rules.

Who is exempt from pro bono service?

- 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.

What is the duty of confidentiality for lawyers providing 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.

When must a lawyer cease providing Limited Legal Services to a client?

- Unless governed by Canon III, 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.

When does Limited Legal Services terminate for a lawyer?

- In all cases, the Limited Legal Services terminates upon the completion of such services.

What type of Limited Legal Services are governed by CPRA for law student practitioners?

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

What is required of law student clinic directors and supervising lawyers under Rule 138-A of the Rules of Court?

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

What is required of a lawyer regarding charging fair and reasonable fees?

- A lawyer shall charge only fair and reasonable fees.

Attorney’s fees shall be deemed fair and reasonable if determined based on the following factors:

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

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

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

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

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

(f)      The quantitative or qualitative value of the client’s interest in the engagement, or the benefits resulting to the client from the service;

(g)     The contingency or certainty of compensation;

(h)    The character of the engagement, whether limited, seasonal, or otherwise; and

(i)      Other analogous factors.

What is allowed for a lawyer who undertakes to complete unfinished legal business of a deceased lawyer?

- A lawyer is allowed to divide or share fees with the deceased lawyer's legal heirs or estate when undertaking to complete unfinished legal business.

Who is prohibited from sharing legal fees with lawyers?

- A lawyer shall not share, split, or divide or stipulate to divide legal fees with persons or organizations not licensed or authorized to practice law.

Who is entitled to receive compensation from a lawyer?

- A lawyer shall not receive any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation from anyone other than the client, except upon the written informed consent of such client.

What condition must be met before a lawyer can receive compensation from someone other than the client?

- Before a lawyer can receive compensation from someone other than the client, they must obtain written informed consent from such client.

What should a lawyer avoid regarding receiving compensation from someone other than the client and disclosing privileged communication?

- A lawyer should avoid letting the receipt of compensation from someone other than the client interfere with their independence, professional judgment, or the lawyer-client relationship. They should also avoid disclosing information relating to representation of a client in violation of the rule on privileged communication.

When is a lawyer entitled to prompt payment for their legal services?

- A lawyer is entitled to prompt payment for their legal services from the client unless there is an express agreement as to professional fees. In such cases, they are entitled to be paid reasonable attorney's fees.

What should a lawyer do to avoid controversies with clients regarding legal fees?

- A lawyer should avoid any controversy with a client concerning fees for legal services and should only resort to judicial action to prevent imposition, injustice, or fraud.

What is allowed for a lawyer regarding enforcing an attorney's lien?

- A lawyer may enforce an attorney's lien 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. The lawyer must provide proof of the services rendered and serve the Notice on the client. The court, tribunal, or other government agency will determine the lawyer's entitlement to the claimed fees after a hearing.

How should a lawyer treat the enforcement of an attorney's lien in relation to the main case?

- The enforcement of an attorney's lien should be treated as an independent claim and should not 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, it is subject to appeal.

How does an appeal in the main case affect the execution of a lawyer's lien?

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

When should a claim for attorney's lien be made through an independent action?

- 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 enforcement of the lien should be made through an independent action.

What is allowed for a lawyer regarding compensation for counsel de officio?

- Subject to availability of funds as may be provided by law, a court may order a lawyer engaged as counsel de officio to be compensated in such sum as it may fix following Canon III, Section 41, provided that it is not covered by Limited Legal Services provisions.

What is required of a lawyer regarding accounting during engagement?

- During the existence of a lawyer-client relationship, a lawyer must account for and prepare an inventory of any fund or property belonging to the client immediately upon receipt. When funds are entrusted by a client for a specific purpose, the lawyer must use such funds only for that purpose. Any unused amount must be promptly returned to the client upon accomplishment of that stated purpose or upon demand by the client.

What is required of a lawyer regarding keeping funds separate and apart from their own and others kept by them?

- A lawyer must keep funds belonging to clients separate and apart from their own and those of others kept by them.

What is prohibited for a lawyer regarding acquiring an interest in the 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.

When is a lawyer allowed to lend money to a client?

- A lawyer is allowed to lend money to a client only under urgent and justifiable circumstances, and advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client are not covered by this rule.

When is a lawyer allowed to borrow money from a client?

- A lawyer is allowed to borrow money from a client during the existence of the lawyer-client relationship only if 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.

Under what circumstances should a lawyer terminate their engagement with a client?

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

(a)     When the client pursues an illegal or immoral course of conduct in connection with the engagement;

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

(c)     When the lawyer’s inability to work with a co-counsel will not promote the best interest of the client;

(d)    When the moral predisposition or the mental or physical condition of the lawyer renders it difficult to carry out the engagement effectively;

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

(f)      When the lawyer is elected or appointed to public office;

(g)     Other similar cases.

When should a client terminate their engagement with a lawyer?

- A client may terminate their engagement with a lawyer at any time upon loss of trust and confidence.

What happens when an engagement between a lawyer and a client is terminated due to death?

- When an engagement between a lawyer and a client is terminated due to death, whether it be of the lawyer or client, it shall terminate the lawyer-client relationship. However, if such death occurs while handling a case by such law firm, it shall not extinguish their engagement between such law firm and their clients handled by them prior to their death.

What is required of a lawyer regarding accounting and turnover upon termination of engagement?

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

What is required of a lawyer regarding cooperation with a chosen successor in transferring a legal matter?

- A 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.

What is allowed for a lawyer regarding retaining funds and documents upon termination of engagement?

- 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. The lawyer may apply such funds to the satisfaction thereof.

CANON IV – COMPETENCE AND DILIGENCE

What is expected of a lawyer regarding the quality of legal services they provide?

- A lawyer is expected to provide legal services that are competent, efficient, and conscientious. They should be thorough in their research, preparation, and application of legal knowledge and skills necessary for the engagement.

When is it permissible for a lawyer to seek the assistance of another lawyer?

- A lawyer may seek the assistance of another lawyer with the prior written consent of their client. This is referred to as collaborating counsel.

What is required of a lawyer regarding promptness and punctuality?

- A lawyer is required to be diligent and punctual in all legal matters entrusted by their client. They should 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.

What is expected of a lawyer regarding diligence in all professional undertakings?

- A lawyer is expected to observe diligence in all professional undertakings and should not cause or occasion delay in any legal matter before any court, tribunal, or other agency. They should appear for trial adequately familiar with the law, the facts of the case, and the evidence to be presented. They should also be ready with the object and documentary evidence, as well as the judicial affidavits of the witnesses, when required by the rules or the court.

When is a lawyer required to provide an objective assessment of a case's merits and probable results?

- A lawyer is required to provide an objective assessment of the merits and probable results of their client's case after reasonable inquiry. They should explain the viable options to their client to enable an informed decision regarding the matter.

What is a lawyer's duty regarding keeping their client informed?

- A lawyer has a duty to regularly inform their client of the status and result of the matter they are handling, as well as any action in connection thereto, and respond within a reasonable time to their client's request for information.

When is it acceptable for a lawyer to request an extension of time to file a pleading, motion, or other court submission7?

- A lawyer should avoid asking for an extension of time to file any pleading, motion, or other court submission except when allowed by the Rules of Court or for good cause. When an extension is obtained, the lawyer should not let the period lapse without submitting the pleading, motion, or other court submission unless it is due to the client's decision not to pursue the case any further or for other justifiable cause.

What is expected of a lawyer regarding continuing professional development?

- A competent lawyer engages in lifelong learning through continued development of professional skills.

What is required of a lawyer who practices another profession or occupation concurrently with law?

- A lawyer who practices another profession or occupation concurrently with law should expressly provide in the pertinent contract the nature of the services they are engaged to perform. They should ensure that their practice of another profession or occupation does not jeopardize their competence, integrity, probity, and independence in rendering legal services.

What is expected of a lawyer who is engaged in business or another non-legal profession?

- A lawyer who is engaged in business or another non-legal profession should also observe the ethical duties and responsibilities of a lawyer under the CPRA.

CANON V – EQUALITY

What is the principle of equality that every lawyer should adhere to?

- Every lawyer should adhere to the principle of equality and believe 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.

What is expected of a lawyer when representing a client?

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

What is prohibited for a lawyer when accepting clients?

- A lawyer shall not decline to represent a person solely on account of their nationality or ethnicity, sexual orientation or gender identity, religion, disability, age, marital status, social or economic status, political beliefs, or the public's opinion regarding the guilt of said person, except for justifiable reasons.

How should a lawyer treat vulnerable persons?

- When dealing with a client who belongs to a vulnerable sector, a lawyer shall be mindful and sensitive of their special circumstances and consider 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 their right to meaningful access to justice.

Who is considered an indigent person?

- An indigent person is any person who has no money or property sufficient for food, shelter, and other basic necessities for themselves and their family.

Under what circumstances can a lawyer refuse representation of an indigent person?

- A lawyer can refuse representation of an indigent person only if:

(a)     they are not in a position to carry out the work effectively or competently due to a justifiable cause;

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

(c)     they are 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.

What is expected of a lawyer regarding the standard of service for all clients?

- A lawyer shall observe the same standard of service for all clients, regardless of remuneration, except for the higher standard required for representation of vulnerable persons.

CANON VI – ACCOUNTABILITY

What is the role of a lawyer in society and the legal profession?

- A lawyer becomes a guardian of the law and an administrator of justice by taking the Lawyer's Oath. As such, they are accountable to society, the courts, the legal profession, and their clients for their actions. Failure to honor this covenant makes the lawyer unfit to continue in the practice of law.

What is the nature of disciplinary proceedings against lawyers?

- Disciplinary proceedings against lawyers are confidential in character and summary in nature. However, the final order of the Supreme Court will be published like its decisions in other cases.

How can disciplinary proceedings against lawyers be initiated?

- Disciplinary proceedings against lawyers can be initiated by the Supreme Court on its own initiative, by the Board of Governors of the Integrated Bar of the Philippines (IBP), or by any person before the Supreme Court or the IBP. Complaints against government lawyers as members of the Bar shall only be filed in the Supreme Court.

What should be included in a verified complaint against a lawyer?

- A verified complaint against a lawyer should be clear and concise, stating the acts or omissions complained of and supported by judicial affidavits of witnesses and other documents. If filed with the IBP, six copies should be submitted to its Secretary or Secretary of any chapter.

Who will recommend Investigating Commissioners for disciplinary proceedings against lawyers?

- The Integrated Bar of the Philippines (IBP) will recommend 150 lawyers in good standing and repute from its nine regions to serve as Investigating Commissioners for disciplinary proceedings against lawyers. The list with their curriculum vitae should be submitted to the Supreme Court within a month from the effectivity of the Code, and only those approved by the Supreme Court may serve as Investigating Commissioners. An updated list should be submitted upon removal, replacement, or resignation of previously designated Investigating Commissioners. All approved Investigating Commissioners should take an oath of office prescribed by the IBP, and a copy of their appointment and oath should be transmitted to the Supreme Court.

How will an Investigating Commissioner be assigned for disciplinary proceedings against a lawyer?

- The Integrated Bar of the Philippines Board of Governors will assign an Investigating Commissioner from among those approved by the Supreme Court through raffle, or a panel of three Investigating Commissioners when special circumstances warrant it.

What should an Investigating Commissioner do when a complaint is filed against a government lawyer?

- Within five days from assignment by raffle, the Investigating Commissioner should determine whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction over the complaint. 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 should proceed with the case. Otherwise, the Investigating Commissioner should recommend that the complaint be dismissed.

How can an Investigating Commissioner be disqualified?

- An Investigating Commissioner can disqualify themselves on their own initiative or upon motion due to relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or where they have acted as counsel for either party, unless both parties sign and enter upon the record their written consent. A party can also file a motion for disqualification before the IBP Board of Governors. The IBP Board of Governors will resolve the motion within five days from receipt thereof. Upon vote of majority of members present, there being a quorum, they will order disqualification and designate a replacement for the disqualified Investigating Commissioner. The decision of the IBP Board of Governors on disqualification is final.

What are the duties of an Investigating Commissioner?

- The Investigating Commissioner should investigate a complaint against any member of the Integrated Bar and submit a report embodying their recommended action to the IBP Board of Governors within a total period not exceeding 180 calendar days from assignment by raffle.

What submissions are allowed during disciplinary proceedings against lawyers?

- The only submissions allowed are the complaint, answer, and position papers, all of which should be verified. A Certificate of Non-Forum Shopping should accompany the verified complaint. An unverified complaint will be recommended for outright dismissal. An unverified answer or position paper will not be considered.

What submissions are prohibited during disciplinary proceedings against lawyers?

- The following submissions are prohibited:

(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.

What should an Investigating Commissioner do if they find no prima facie showing of liability during disciplinary proceedings against a lawyer?

- Within 15 calendar days from assignment by raffle, the Investigating Commissioner should recommend the outright dismissal of the complaint to the Supreme Court if they find no prima facie showing of liability. The Supreme Court may adopt the recommendation and dismiss the complaint outright.

Can disciplinary proceedings be instituted against a deceased lawyer?

- 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.

What should an Investigating Commissioner do after issuing a summons during disciplinary proceedings against a lawyer?

- Within 15 calendar days from assignment by raffle, the Investigating Commissioner should issue a summons requiring the respondent to file a verified answer, attaching a copy of the verified complaint and supporting documents, if any.

What should be included in a verified answer during disciplinary proceedings against a lawyer?

- The answer should be verified and filed within 30 calendar days from receipt of the summons. It should be accompanied by judicial affidavits of witnesses and other documents in support thereof. The respondent may request one extension of 15 calendar days to file the verified answer for good cause. Two copies of the verified answer should be filed with the Investigating Commissioner, with proof of service on the complainant or their counsel.

What should an Investigating Commissioner do if they find that the complaint is not meritorious based on the verified answer during disciplinary proceedings against a lawyer?

- If an Investigating Commissioner finds that the complaint is not meritorious based on the verified answer during disciplinary proceedings against a lawyer, they should recommend to the Supreme Court the dismissal of the complaint. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings.

What actions during disciplinary proceedings against lawyers are considered irrelevant?

- During disciplinary proceedings against lawyers, 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.

Who can be appointed as counsel de officio during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, 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.

What should happen after joinder of issues or failure of the respondent to answer during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. If despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte during disciplinary proceedings against lawyers. In both instances, the investigation shall proceed with dispatch during disciplinary proceedings against lawyers.

What opportunities should be given to respondents during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, the respondent shall be given full opportunity to defend and be heard, whether through counsel or not, and to present witnesses during disciplinary proceedings against lawyers.

What powers does an Investigating Commissioner have during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, the Investigating Commissioner shall have the power to issue subpoenas and administer oaths and affirmations in relation to the conduct of the proceedings during disciplinary proceedings against lawyers.

What is considered indirect contempt during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, 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 during disciplinary proceedings against lawyers.

What should happen if an alleged contemnor fails to comply with a subpoena or lawful order issued by an Investigating Commissioner during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, if an alleged contemnor fails to comply with a subpoena or lawful order issued by an Investigating Commissioner, the alleged contemnor shall be required to show cause within ten (10) calendar days from notice during disciplinary proceedings against lawyers. Upon receipt of compliance or lapse of the period to comply, an Investigating Commissioner may conduct a hearing if necessary during disciplinary proceedings against lawyers. Such hearing shall be terminated within fifteen (15) calendar days from commencement during disciplinary proceedings against lawyers. Thereafter, an 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 during disciplinary proceedings against lawyers.

What action can be taken by the IBP Board of Governors regarding indirect contempt charges during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, within thirty (30) calendar days from receipt of an Investigating Commissioner’s report and recommendation on an indirect contempt charge, the IBP Board of Governors may either adopt, modify or disapprove such recommendation through a Resolution during disciplinary proceedings against lawyers. The action taken by the IBP Board of Governors shall be immediately executory during disciplinary proceedings against lawyers.

Can indirect contempt charges during disciplinary proceedings against lawyers be appealed?

- During disciplinary proceedings against lawyers, an action taken by the IBP Board of Governors regarding indirect contempt charges may be appealed to the Supreme Court during disciplinary proceedings against lawyers. However, execution of such order 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 during disciplinary proceedings against lawyers.

What should parties and counsels do immediately after receiving a verified answer during disciplinary proceedings against lawyers?

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

(a)     Admissions;

(b)    Stipulation of facts;

(c)     Definition of issues;

(d)    Judicial affidavits and marked exhibits, accompanied by the lawyer’s certification that the attached documents are the genuine or faithful reproductions of the original in his or her custody or possession;

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

What should parties and counsels do after submitting preliminary conference briefs during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, within ten (10) calendar days from receipt of the preliminary conference briefs, the Investigating Commissioner shall issue a Preliminary Conference Order summarizing the stipulated facts, issues, and marked exhibits submitted by the parties and counsels during disciplinary proceedings against lawyers. 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 during disciplinary proceedings against lawyers.

Is a clarificatory hearing necessary during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, 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 during disciplinary proceedings against lawyers.

How should a clarificatory hearing be conducted during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, if deemed necessary, the Investigating Commissioner shall set the clarificatory hearing within fifteen (15) calendar days from such determination and identify the factual issues to be made subject of the hearing during disciplinary proceedings against lawyers. The clarificatory hearing may be done in-person or through videoconferencing during disciplinary proceedings against lawyers. If it is conducted in-person, the clarificatory hearing shall be done at the most convenient venue for the parties during disciplinary proceedings against lawyers. The clarificatory hearing shall be terminated within thirty (30) calendar days from its commencement during disciplinary proceedings against lawyers.

Who can be subpoenaed to appear at the clarificatory hearing during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, the Investigating Commissioner may subpoena any witness to appear at the clarificatory hearing to answer clarificatory questions.

What should parties do if they fail to appear at the clarificatory hearing during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, non-appearance at the clarificatory hearing shall be deemed a waiver of the right to participate therein during disciplinary proceedings against lawyers.

How should minutes of proceedings be recorded during disciplinary proceedings against lawyers?

- During disciplinary proceedings against lawyers, the proceedings before the IBP shall be recorded.

What is the deadline for submitting a report and recommendation by the Investigating Commissioner if there is no clarificatory hearing?

- The Investigating Commissioner must submit a report and recommendation 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, if there is no clarificatory hearing.

What is the deadline for submitting a report and recommendation by the Investigating Commissioner if a clarificatory hearing is set?

- If a clarificatory hearing is set, the Investigating Commissioner must submit a report and recommendation to the IBP Board of Governors within a non-extendible period of thirty (30) calendar days from the termination of the hearing.

What documents should accompany the report and recommendation submitted by the Investigating Commissioner?

- The report and recommendation submitted by the Investigating Commissioner should be accompanied by the duly certified transcript of stenographic notes, or in lieu thereof, the audio recording, 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 stenographic notes, it being sufficient that the report reproduce substantially from the Investigating Commissioner’s personal notes any relevant and pertinent testimonies.

How should proceedings be recorded during videoconferencing?

- During videoconferencing, proceedings should be recorded by the Investigating Commissioner. The recording should form part of the records of the case, appending thereto relevant electronic documents taken up or issued during the hearing.

How long does the IBP Board of Governors have to submit its Resolution to the Supreme Court?

- 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.

What is the procedure for taking depositions in this Canon?

- Depositions may be taken in accordance with the Rules of Civil Procedure, with the leave of the Investigating Commissioner, as provided for in this Canon.

How should papers or notices required by this Canon be filed and served?

- Papers or notices required by this Canon should be filed and served 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. The official addresses to which all notices, orders and processes shall be served are the office address and the electronic mail address supplied by the lawyer to the IBP. Proof of filing and service should be submitted in accordance with the Rules of Civil Procedure, as amended.

What types of substantial defects can be raised as an error before the Supreme Court?

- 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.

What should be done if a substantial defect results in the deprivation of the right to due process?

- If a substantial defect results in the deprivation of the right to due process, 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.

What type of proceedings can be initiated by 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.

How should cases referred to fact-finding bodies proceed?

- Cases referred to fact-finding bodies should proceed in the same manner provided in Sections 5 to 29 of this Canon.

What action does the Supreme Court take on reports and recommendations from fact-finding bodies?

- In any event, the report and recommendation on investigation should be reviewed directly by the Supreme Court, which shall take such necessary action on it as may be warranted.

What is preventive suspension and when can it be imposed on a lawyer?

- Preventive suspension is a measure taken by the Supreme Court to prevent interference with or obstruction of an investigation, tampering, concealment, or destruction of evidence, intimidating or exerting undue influence on any witness. It can be imposed on a lawyer after receipt of the respondent's answer or lapse of the period therefor, and it should not exceed 180 calendar days or until lifted by the Supreme Court. This can be recommended by the IBP Board of Governors, the Office of the Bar Confidant, or the fact-finding body referred to in Section 30.

Who has the burden of proof in administrative disciplinary cases?

- 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.

What are serious offenses for which a lawyer can be disciplined?

- Serious offenses include:

(a)     Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct;

(b)    Serious dishonesty, fraud, or deceit, including falsification of documents and making untruthful statements;

(c)     Bribery or corruption;

(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.

What are less serious offenses for which a lawyer can be disciplined?

- Less serious offenses include:

(a)     Simple misconduct, or such misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules;

(b)    Simple negligence in the performance of duty, or such negligence which does not result in depriving the client of his or her day in court;

(c)     Violation of Supreme Court rules and issuances in relation to Bar Matters and administrative disciplinary proceedings, including willful and deliberate disobedience of the orders of the Supreme Court and the IBP;

(d)    Simple dishonesty;

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

(f)      Prohibited borrowing of money from a client;

(g)     Prohibited lending of money;

(h)    Other unlawful threats;

(i)      Instituting frivolous or baseless actions, on the basis of a final decision or order dismissing such action for being frivolous or baseless;

(j)      Violation of the sub judice rule;

(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.

What are light offenses for which a lawyer can be disciplined?

- Light offenses include:

(a)     Violation of IBP rules and issuances governing membership in the IBP;

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

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

(d)    Filing of frivolous motions for inhibition;

(e)     Failure to promptly call upon client to rectify a fraudulent act; or

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

What is the penalty for a lawyer found guilty of assisting another lawyer in committing a serious, less serious, or light offense as described in the CPRA?

- If the respondent is found guilty of a serious offense, any of the following sanctions, or a combination thereof, shall be imposed:

(a)     Disbarment;

(b)    Suspension from the practice of law for a period exceeding six (6) months;

(c)     Revocation of notarial commission and disqualification as notary public for not less than two (2) years; or

(d)    A fine exceeding Php100,000.00.

What are the penalties for a lawyer found guilty of a less serious offense?

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

(a)     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.

What are the penalties for a lawyer found guilty of a light offense?

- If the respondent is found guilty of a light offense, any of the following sanctions shall be imposed:

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

(b)    Censure; or

(c)     Reprimand.

In addition to the above sanctions in for a lawyer found guilty of a light offense, 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.

What factors does the Court consider when determining an appropriate penalty for a lawyer found guilty of an offense?

- When determining an appropriate penalty for a lawyer found guilty of an offense, the Court may consider both mitigating and aggravating circumstances.

(a)     Mitigating circumstances:

(1)     First offense, except in charges of gross misconduct, bribery or corruption, grossly immoral conduct, misappropriating a client’s funds or properties, sexual abuse, and sale, distribution, possession and/or use of illegal drugs or substances;

(2)     Absence of bad faith or malice;

(3)     Return of the amounts owed;

(4)     Expression of remorse;

(5)     Reconciliation with the complainant;

(6)     Rectification of wrongdoing;

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

(8)     Age;

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

(10) Humanitarian considerations; and

(11) Other analogous circumstances.

(b)    Aggravating Circumstances:

(1)     Finding of previous administrative liability where a penalty is imposed, regardless of nature or gravity;

(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.

How does the Court impose penalties when one (1) or more aggravating circumstances and no mitigating circumstances are present?

- 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.

How does the Court impose penalties when multiple offenses are present?

- If multiple offenses are present arising from separate acts or omissions in a single administrative proceeding, the Court shall impose separate penalties for each offense. If the aggregate of imposed penalties exceeds five years of suspension from the practice of law or P1,000,00 in fines, the respondent may be meted with disbarment at the discretion of the Supreme Court. If a single act or omission gives rise to more than one offense, the respondent shall still be found liable for all such offenses but shall only be meted with the appropriate penalty for the most serious offense.

What is the deadline for paying fines or returning client's money and property after receiving a decision or resolution?

- When a fine or an order to return the client's money or property is imposed, the respondent must pay or return it within a period not exceeding three months from receipt of the decision or resolution. If unpaid or unreturned, the Court may cite the respondent in indirect contempt.

What happens if a disbarred lawyer is found guilty of a new charge?

- If a disbarred lawyer is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the client's money or property, when proper. If the new charge deserves the penalty of 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.

Who receives copies of the decision or resolution pronouncing administrative liability?

- Copies of the decision or resolution pronouncing administrative liability against lawyers 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 courts.

Is there confidentiality in proceedings against lawyers?

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

What is required from a lawyer after serving a suspension?

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

(a)     has not appeared before any court, tribunal or other government agency, whether in respect of current, former or prospective clients;

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

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

(d)    has not otherwise performed any act, directly or indirectly, that amounts to the practice of law.

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

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

What is considered as proof of a suspended lawyer's compliance with the order of suspension?

- The Sworn Statement is considered as proof of a suspended lawyer's compliance with the order of suspension.

What is the consequence of making a false statement in the Sworn Statement?

- Making a false statement in the Sworn Statement can be a ground for a complaint for disbarment.

How long does the Office of the Bar Confidant have to refer a Sworn Statement with a false statement to the Court?

- The Office of the Bar Confidant has five (5) days to refer a Sworn Statement with a false statement to the Court.

After how many years can a disbarred lawyer file a petition for judicial clemency?

- A disbarred lawyer can file a petition for judicial clemency after five years from the receipt of the order, decision, resolution of disbarment.

What should be alleged in a  for judicial clemency?

- The  for judicial clemency shall allege the following:

(a)     that the  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.

Any of the following allegations may also be made in support of the petition:

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

(b)    there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.

What additional allegations can be included in support of the petition for judicial clemency?

- In support of the petition for judicial clemency, additional allegations can include: (a) the lawyer still has productive years that can be put to good use if given a chance; or (b) the lawyer shows promise, such as intellectual aptitude, learning or legal acumen, contribution to legal scholarship, development of the legal system, administrative and other relevant skills, and potential for public service.

What does the Supreme Court do upon receiving a petition for judicial clemency?

- Upon receiving a petition for judicial clemency, the Supreme Court conducts a preliminary evaluation to determine if it has prima facie merit based on certain criteria.

What happens if a petition for judicial clemency has prima facie merit?

- If a petition for judicial clemency has prima facie merit, the Supreme Court refers it to the Office of the Bar Confidant or any designated fact-finding body for investigation, report, and recommendation.

What happens if a petition for judicial clemency fails to show prima facie merit?

- If a petition for judicial clemency fails to show any prima facie merit, it will be denied outright.

How long does the Office of the Bar Confidant or any designated fact-finding body have to conduct and submit their report on the investigation?

- The Office of the Bar Confidant or any designated fact-finding body has ninety (90) calendar days from receipt of the referral to conduct and terminate the investigation and submit their report and recommendation to the Supreme Court.

What is the basis for deciding a petition for judicial clemency?

- The Supreme Court shall decide a petition for judicial clemency based on clear and convincing evidence.

What is prohibited for a disbarred or suspended lawyer?

- A disbarred or suspended lawyer is prohibited from:

(a)     providing legal consultation or advice;

(b)    appearing on behalf of a client in any hearing or proceeding before any court, tribunal, or other government agency or office;

(c)     appearing as a representative of a client at a deposition or other discovery matter;

(d)    negotiating or transacting any legal matter for or on behalf of a client with third parties;

(e)     receiving, disbursing, or otherwise handling a client’s funds;

(f)      teaching law subjects in any educational institution; and

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

What should a suspended lawyer do immediately?

- A suspended lawyer should immediately cease and desist from the practice of law until the suspension is lifted by the Supreme Court.

Can a client previously represented by a suspended lawyer engage the services of a new lawyer?

- Yes, any client previously represented by a suspended lawyer may engage the services of a new lawyer.

Does the disbarment or suspension of a handling lawyer terminate the lawyer-client engagement between the client and the law firm?

- No, the disbarment or suspension of a handling lawyer does not terminate the lawyer-client engagement between the client and the law firm, unless the client chooses otherwise.

Can expenses incurred in relation to disciplinary and disbarment proceedings be taxed as costs?

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