REM 7

• Supreme Court's administrative supervision and control over members of the Philippine Bar

  Under Section 5 (5) of the 1987 Constitution, the Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged
• Who may practice law

  Any person duly admitted as a member of the bar and who is in good and regular standing is entitled to practice law
• Requirements for all applicants for admission to the bar

  • Citizen of the Philippines
  • At least twenty-one years of age
  • Of good moral character
  • Resident of the Philippines
  • Must produce satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines
• Filipino lawyers who become citizens of other countries can no longer practice law, unless they reacquire their Philippine citizenship in accordance with R.A. No. 9225
• Possession of good moral character is not only a condition for admission to the bar but is a continuing requirement to maintain one's good standing in the legal profession
• The Revised Lawyer's Oath

  Oath taken by lawyers upon admission to the bar
• Code of Professional Responsibility and Accountability (CPRA)

  Ethical standards that govern the conduct of lawyers in the Philippines
• The CPRA expressly provides that it shall have a retroactive application, that is, it shall be applied to all pending cases
• Independence of a lawyer

  • 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
• Merit-based Practice


  A lawyer shall rely solely on the merits of a cause and not exert, or give the appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency, or its proceedings
• Propriety


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


  • A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct
  • A lawyer shall respect the law, the courts, tribunals, and other government agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards fellow members of the bar
  • A lawyer shall not engage in conduct that adversely reflects on one's fitness to practice law, nor behave in a scandalous manner, whether in public or private life, to the discredit of the legal profession
• Use of Dignified, Gender-Fair, and Child- and Culturally-Sensitive Language


  A lawyer shall use only dignified, gender-fair, child- and culturally-sensitive language in all personal and professional dealings
• A lawyer is not allowed to divide his personality as an attorney at one time and a mere citizen at another
• Duty to correct false or inaccurate statements and information made in relation to an application for admission to the bar


  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
• Duty to report dishonest, deceitful, or misleading conduct


  • A lawyer shall immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency
  • A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be reported under relevant laws
• Unfounded criticisms against members of the Judiciary degrade the judicial office and greatly interfere with the due performance of their functions in the Judiciary
• the Judiciary degrade the judicial office and greatly interfere with the due performance of their functions in the Judiciary
• Any Court decision or resolution, such as the January 4, 2022 Resolution, does not depend on the whim of any one Justice
• Absent any proof that the January 4, 2022 Resolution was instigated or facilitated by either Senior Associate Justice Leonen or Justice Caguioa, there is no reason for them to inhibit from participating in the resolution of the case
• The pernicious insinuation is that either or both Senior Associate Justice Leonen and/or Justice Caguioa can impose their will on the rest of the Court
• The January 4, 2022 Resolution was issued by the Court En Banc, not by any of the Justices in their individual capacity
• For imputing baseless accusations of partiality against Senior Associate Justice Leonen and Justice Caguioa, the Court finds Atty. Gadon guilty of direct contempt of court
• Duty to disclose 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
• Duty not to mislead the court, tribunal or other government agency on the existence or content of any document, argument, evidence, law, or other legal authority, or pass off as one's own the ideas or words of another


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

  • A lawyer shall not, directly or indirectly, solicit, or appear to solicit, legal business
  • A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of dignified, verifiable, and factual information, including biographical data, contact details, fields of practice, services offered, and the like, so as to allow a potential client to make an informed choice. In no case shall the permissible advertisement be self-laudatory
  • A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to any media practitioner, award-giving body, professional organization, or personality, in anticipation of, or in return for, publicity or recognition, to attract legal representation, service, or retainership
• Sub-Judice Rule


  A lawyer shall not use any forum or medium to comment or publicize opinion pertaining to a pending proceeding before any court, tribunal, or other government agency that may: (a) cause a pre-judgment, or (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
• Duty not to give gifts and donations to any court, tribunal or other government agency


  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
• Duty not to institute multiple cases; Forum Shopping


  • A lawyer shall not knowingly engage or through gross negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon the court, tribunal, or other government agency
  • A lawyer shall not institute or advise the client to institute multiple cases to gain leverage in a case, to harass a party, to delay the proceedings, or to increase the cost of litigation
• Duty not to encroach or interfere in another lawyer's engagement


  • A lawyer shall not, directly or indirectly, encroach upon or interfere in the professional engagement of another lawyer
  • This includes a lawyer's attempt to communicate, negotiate, or deal with the person represented by another lawyer on any matter, 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
• 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
  • A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law
  • 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
  • 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
  • A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA
  • A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account
  • A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter's performance of official duties
  • Pursuant to a lawyer's duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media. A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service
  • 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
• Definition of the 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 CPRA. It includes employment in the public service or private sector and requires membership in the Philippine bar as qualification
• Definition of 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
• Conflict of interest


  • A lawyer shall not represent conflicting interests except by written informed consent of all concerned given after a full disclosure of the facts
  • There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons. The test is whether in behalf of one client it is the lawyer's duty to fight for an issue or claim, but which is his or her duty to oppose for the other client
• Prohibition Against Conflict-of-Interest Representation; Current Clients

  • 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
  • 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
  • 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
  • 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
  • A lawyer shall not accept compensation for representing a client from any person other than the client, unless: (1) the client gives written informed consent; (2) there is no interference with the lawyer's independence or professional judgment or with the lawyer-client relationship; or (3) the information relating to representation of a client is protected as required by the rule on privileged communication
  • A lawyer, who represents two or more clients in the same case, in case there is a settlement or plea-bargaining, shall disclose to all the clients the existence and nature of all the claims or pleas involved and the participation of each client in the settlement or plea-bargaining
  • 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
• 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
• 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.
• 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.
• 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.
• Conflict-of-Interest Representation; Prospective Clients

  1. Ascertain the existence of any conflict of interest between a prospective client and current clients

  2. Disclose the conflict of interest if found to exist

  3. If there is an objection by either the prospective or current client, the lawyer shall not accept the new engagement

  4. 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