Philippine Revised Lawyer's Oath & Ethics PDF

# REVISED LAWYER'S OATH I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of practicing law in the Philippines as an Officer of the Court in the interest of our people. I declare fealty to the Constitution of the Republic of Philippines. In doing s...

# REVISED LAWYER'S OATH I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of practicing law in the Philippines as an Officer of the Court in the interest of our people. I declare fealty to the Constitution of the Republic of Philippines. In doing so, I shall work towards promoting the rule of law and a regime of truth, justice, freedom, love, equality, and peace. I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful freedoms of all persons, identities and communities. I shall ensure greater and equitable access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity, and utmost civility. I impose all these upon myself without mental reservation nor purpose of evasion. [For oaths] So help me, God. (Omit for affirmations) ## CHAMPERTOUS CONTRACT A contract between a stranger and a party to a lawsuit, whereby the stranger pursues the party's claim in consideration of receiving part or any of the proceeds recovered under the judgment. An agreement whereby the attorney agrees to pay expenses of proceedings to enforce the client's rights is champertous. Such agreements are against public policy. The execution of this type of contract violates the fiduciary relationship between the lawyer and his client, for which the former must incur administrative sanction. ### SECTION 52. Prohibition on lending and borrowing; exceptions. During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not be covered by this rule. Neither shall a lawyer borrow money from a client during the existence of the lawyer-client relationship, unless the client's interests are fully protected by the nature of the case, or by independent advice. This rule does not apply to standard commercial transactions for products or services that the client offers to the public in general, or where the lawyer and the client have an existing or prior business relationship, or where there is a contract between the lawyer and the client. ## CONTINGENT FEE ARRANGEMENT Is an agreement laid down in an express contract between a lawyer and a client in which the lawyer's professional fee, usually a fixed percentage of what may be recovered in the action is made to depend upon the success of the litigation. This arrangement is valid in this jurisdiction. It is, however, under the supervision and scrutiny of the court to protect clients from unjust charges. ### SECTION 45. Prompt payment of legal fees. A lawyer is entitled to prompt payment from the client of attorney's fees. Absent an express agreement as to professional fees, a lawyer is entitled to be paid reasonable attorney's fees in accordance with Canon III, Section 41 ### SECTION 41. Fair and reasonable fees. A lawyer shall charge only fair and reasonable fees. Attorney’s fees shall be deemed fair and reasonable if determined based on the following factors: - The time spent and the extent of the service rendered or required; - The novelty and difficulty of the issues involved; - The skill or expertise of the lawyer, including the level of study and experience required for the engagement; - The probability of losing other engagements as a result of acceptance of the case; - The customary charges for similar services and the recommended schedule of fees, which the IBP chapter shall provide; - The quantitative or qualitative value of the client’s interest in the engagement, or the benefits resulting to the client from the service; - The contingency or certainty of compensation; - The character of the engagement, whether limited, seasonal, or otherwise; and - Other analogous factors. ### SECTION 42. Division of fees upon referral. A lawyer shall, in case of referral of legal services in favor of another lawyer with the written informed consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer, a division or sharing of fees is allowed with the deceased lawyer’s legal heirs or estate. ### SECTION 43. Non-Sharing of fees with non-lawyers. A lawyer shall not share, split, or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or organizations not licensed or authorized to practice law. ### SECTION 44. Payment of compensation by third party. 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. Receipt of compensation from someone other than the client must not interfere with the lawyer’s independence, professional judgment, or the lawyer-client relationship. Neither should information relating to representation of a client be disclosed in violation of the rule on privileged communication. Quantum meruit- literally meaning as much as he deserves - is used as basis for determining an attorney’s professional fees in the absence of an express agreement. The recovery of attorney’s fees on the basis of quantum meruit is a device that prevents an unscrupulous client from running away with the fruits of the legal services of counsel without paying for it and also avoids unjust enrichment on the part of the attorney himself. An attorney must show that he is entitled to reasonable compensation for the effort in pursuing the client’s cause, taking into account certain factors in fixing the amount of legal fees. Once the attorney has performed the task assigned to him in a valid agreement, his compensation is determined on the basis of what he and the client agreed.22 In the absence of the written agreement, the lawyer’s compensation shall be based on quantum meruit, which means “as much as he deserved. ”23 The determination of attorney’s fees on the basis of quantum meruit is also authorized “when the counsel, for justifiable cause, was not able to finish the case to its conclusion.” Moreoyer, quantum meruit becomes the basis of recovery of compensation by the attorney where the circumstances of the engagement indicate that it will be contrary to the parties’ expectation to deprive the attorney of all compensation. ## RULE ON INHIBITION/DISQUALIFICATION ### PROPOSED NEW JUDICIAL CONDUCT OF A JUDGE ### SECTION 11. Mandatory inhibition. A judge shall inhibit from participating in any proceeding under any of the following or analogous circumstances: - The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceeding. - The judge previously served as counsel or was a material witness, in the matter in controversy. - The judge’s former associate served as counsel or material witness, during their association, in the matter pending before the judge. An associate shall include former partners or coworkers in an office, whether public or private. - The judge, or a member of the judge’s family, has an economic interest in the outcome of the matter in controversy. - The judge served as executor, administrator, guardian, or trustee in the case or matter in controversy. - The judge’s ruling in a lower court or that of the judge’s relative within the fourth civil degree of consanguinity or affinity is the subject of the present review. - The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree. - The judge’s spouse or child has a financial interest as heir, legatee, creditor, fiduciary or the like, in the subject matter in controversy, or in a party to the proceeding, or has any other interest that could be substantially affected by the outcome of the proceedings. ### SECTION 12. Voluntary inhibition. A judge may, in the exercise of sound discretion, inhibit from a proceeding, for just or valid reasons other than the grounds for mandatory inhibition. In case of voluntary inhibition, the judge shall take into consideration the following: - Whether a judge is unable to decide the matter impartially or if it will appear to a reasonable observer that the judge is unable to decide the matter impartially, - Whether the matter giving rise to the possibility of inhibition is serious as to affect the fairness and undermine the integrity of the proceedings; and, - Whether there is no other court that can be assigned to handle the case or because of urgent circumstances, failure to act could lead to a miscarriage of justice. As soon as the judge becomes aware of circumstances that may affect the judge’s impartiality, the judge shall disclose the same to the parties. After the ground has been disclosed and the parties agree, the judge may continue with the proceedings. The agreement shall be embodied in an order. ### SECTION 13. Duty to state reason for inhibition. In every order of inhibition, a judge shall state the reason therefor. ## SOCIAL MEDIA RULES GOVERNING LAWYERS ### CANON II Sec. 36-44 A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people's confidence in the legal system, as well as promote its responsible use. ### SECTION 36. Responsible use. A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media. ### SECTION 37. Online posts. A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law. ### SECTION 38. Non-posting of false or unverified statements, disinformation. A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation. ### SECTION 39. Prohibition against fraudulent accounts. A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA. ### SECTION 40. Non-disclosure of privileged information through online posts. A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA. ### SECTION 41. Duty to safeguard client confidences in social media. A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account. ### SECTION 42. Prohibition against influence through social media. 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. ### SECTION 43. Legal information; legal advice. Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media. A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service. ### SECTION 44. Online posts that could violate conflict of interest. A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA. ## SECTION 23. Responsible use of social media by a judge. A judge shall use social media or other digital or online platforms with caution and circumspection, fully aware of its universality and public accessibility, conscious that inappropriate social media behavior may diminish public confidence in the judge and in the judicial system. In the exercise of one’s freedom of expression, a judge who uses social media platforms is reminded that in so doing, they do not shed their status as judges. Asthe visible personification of the law and justice, they are subject to highest standard of conduct and thus, must be cautious and circumspect in their engagement on these platforms. ### SECTION 24. Knowledge of risks, incidents, and characteristics of the use of social media. A judge shall have the duty to understand the benefits, privacy and security concerns, risks, and ethical implications of their use of social media. ### SECTION 25. Limitations on use of social media. A judge shall not engage or use any form of expression which tends to, or has the effect of, impinging upon the sub judice principle, provoking or inflaming divisive and contentious issues of public concern, or projecting an image not compatible with the dignity of their position. A judge shall not use in their online activities any language, image, video, or the like that are malicious, vulgar, scandalous, intemperate, abusive, or discriminatory. Neither shall a judge knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation. At all times, a judge shall exercise prudence when engaging with others online, keeping in mind that such engagements made in small or private circles may be circulated in other platforms. ### SECTION 26. Recreational use of social media. A judge shall ensure that their recreational use of social media shall not adversely affect their capacity to perform judicial duties with competence and diligence. ### SECTION 27. Refraining from using social media to advance financial interests. A judge shall refrain from using their social media accounts to directly or indirectly advance their own or any third-party’s financial interests. ### SECTION 28. Use of real names and pseudonyms in social media. A judge may use their real names and disclose their rank or position on social media provided that it does not violate the Canon on Propriety. A judge may use a pseudonym if allowed by the site, unless doing so will circumvent the law or the provisions of the Code. In using a pseudonym, a judge shall be mindful that their identity may nevertheless be known to other users. ### SECTION 29. Use of social media in relation to pending cases. A judge shall refrain from employing social media to gather information about a particular party, issue, or incident in a pending case, that are not part of the evidence presented before the court and may potentially influence their decision in a case. ### SECTION 30. Handling abuses online. A judge shall refrain from responding to abuses or harassment made online directed against the judge. A judge may resort to the remedies provided for under the applicable laws or rules. ## CLIENT CONFIDENCES ### SECTION 27. Confidentiality of privileged communication. A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer-client engagement. ### SECTION 28. Protecting client confidences. A lawyer shall not reveal the confidences of the client, including data from the client’s files, except; - When a written informed consent is obtained from the client; - When required by law, such as anti-money laundering statutes, or the Rules of Court; - To the extent necessary, to collect the lawyer’s fees; - In defense of the lawyer, or the lawyer’s employees or associates; or - By judicial order, but only if material. ### SECTION 29. Duty of confidentiality by former lawyers of a law firm. A lawyer shall continue to be bound by the rule on confidentiality pertaining to clients of his or her previous law office or law firm. ### SECTION 30. Duty of confidentiality of members of a law firm. A lawyer may disclose the legal matters entrusted by a client of the firm to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will be involved in the handling of the client’s account, unless expressly prohibited by the client. A lawyer directly entrusted with a client’s confidences shall adopt necessary measures to prevent other members of the law firm, both legal and non-legal, to whom the client’s confidences have been shared, from disclosing or using them, without the written informed consent of the client. ### SECTION 31. Prohibition against filial disclosure. A lawyer shall not discuss a client’s confidences even with family members. ### SECTION 32. Non-disclosure of legal consultation. A lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of interest. ## LIMITED LEGAL SERVICES ### SECTION 35. Limited Legal Services. Limited Legal Services refer to services for a specific legal incident, with the expectation by the lawyer and the client that the lawyer will not provide continuing legal services in the matter. This includes being appointed as counsel de officio only for arraignment purposes or special appearances to make any court submission, to give advice, to draft legal documents, to provide legal assistance before courts or administrative bodies, and the like. In all instances, the lawyer shall state that the service being rendered is in the nature of Limited Legal Services. A lawyer who renders Limited Legal Services shall be entitled to compensation as may be agreed upon or provided by the Rules of Court. ### SECTION 36. Pro bono Limited Legal Services. A lawyer appointed by the court as counsel de officio shall not refuse to render Limited Legal Services pro bono on the ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such conflict of interest. In any case, the lawyer may not refuse to render such pro bono legal services to the person concerned if only to the extent necessary to safeguard the latter’s fundamental rights and not to deprive such person of remedies available under the law or rules. A lawyer currently serving in the government shall not be exempt from pro bono service and may be appointed by any court, tribunal, or other government agency as counsel de officio, unless prohibited by law, or the applicable Civil Service rules and regulations, or when there is a conflict of interest with the government. ### SECTION 37. Duty of confidentiality in Limited Legal Services. A lawyer who provides Limited Legal Services must protect the client’s private confidences to the same extent as if engaged under regular terms. ### SECTION 38. Termination of Limited Legal Services. Unless governed by Canon III, Section 36, a lawyer must cease to provide Limited Legal Services to a client when the lawyer becomes aware that there may be an actual or potential conflict of interest, except with the written informed consent of the client. In all cases, the Limited Legal Services terminates upon the completion of such services. ### SECTION 39. Limited Legal Services of law student practitioners. The Limited Legal Services rendered by a law student practitioner under the Clinical Legal Education Program shall be governed by the CPRA. ### SECTION 40. Accountability of legal clinic director and supervising lawyer. A law student clinic director and supervising lawyer, under Rule 138- A of the Rules of Court shall provide meaningful training to law students. They shall assume responsibility for any work performed by the law student while under their supervision and shall comply with all the laws, rules, and guidelines pertaining to Law Student Practice. ## DOUBLE OT MULTIPLE DISBARMENT ### SECTION 42. Penalty when the respondent has been previously disbarred. When the respondent has been previously disbarred and is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the money or property to the client, when proper. If the new charge deserves the penalty of a disbarment or suspension from the practice of law, it shall not be imposed but the penalty shall be recorded in the personal file of the disbarred lawyer in the Office of the Bar Confidant or other office designated for the purpose. In the event that the disbarred lawyer applies for judicial clemency, the penalty so recorded shall be considered in the resolution of the same. ## QUANTUM OF EVIDENCE ### SECTION 32. Quantum and burden of proof. In administrative disciplinary cases, the complainant has the burden of proof to establish with substantial evidence the allegations against the respondent. Substantial evidence is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. ## LAWYER OFFENSE ### SECTION 33. Serious offenses. Serious offenses include: - Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct; - Serious dishonesty, fraud, or deceit, including falsification of documents and making untruthful statements; - Bribery or corruption; - 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; - Conviction of a crime involving moral turpitude; - Grossly immoral conduct, or an act that is so corrupt or false as to constitute a criminal act, or so immoral as to be reprehensible to a high degree; - Misappropriating a client’s funds or properties; - 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; - Grossly undignified conduct prejudicial to the administration of justice; - Sexual abuse; - Gender-based sexual harassment or discrimination; - Open defiance to any order of the court, tribunal, or other government agency; - 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; - Willful and deliberate forum shopping, and forum shopping through gross negligence; - Intentional violation of the rule on privileged communication; - Violation of the notarial rules, except reportorial requirements, when attended by bad faith; - Intentional violation of the conflict of interest rules; - 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; - Unlawful discrimination under Canon V; and - Sale, distribution, possession and/or use of illegal drugs or substances. ### SECTION 34. Less serious offenses. Less serious offenses include: - Simple misconduct, or such misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules; - 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; - 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; - Simple dishonesty; - Other violations of the conflict of interest rules; - Prohibited borrowing of money from a client; - Prohibited lending of money; - Other unlawful threats; - Instituting frivolous or baseless actions, on the basis of a final decision or order dismissing such action for being frivolous or baseless; - Violation of the sub Judice rule; - Deliberate failure or refusal to pay just debts; - Termination of legal services absent good cause and written notice; - Use of intemperate or offensive language before any court, tribunal, or other government agency; - Unjustifiable failure or refusal to render an accounting of the funds or properties of a client; - Unauthorized division of fees with a non-lawyer; and - Other violations of reportorial requirements. ### SECTION 35. Light offenses. Light offenses include: - Violation of IBP rules and issuances governing membership in the IBP; - Use of vulgar or offensive language in personal dealings; - 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; - Filing of frivolous motions for inhibition; - Failure to promptly call upon client to rectify a fraudulent act; or - Other similar or analogous infractions of the CPRA. ### SECTION 36. Assisting in the commission of an offense. Any lawyer who shall knowingly assist another lawyer in the commission of any serious, less serious, or light offense punished by the CPRA may also be held liable. ## CONFLICT OF INTEREST ### SECTION 13. Conflict of interest. A lawyer shall not represent conflicting interests except by written informed consent of all concerned given after a full disclosure of the facts. There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons. The test is whether in behalf of one client it is the lawyer’s duty to fight for an issue or claim, but which is his or her duty to oppose for the other client. ### SECTION 14. Prohibition against conflict-of-interest representation; current clients. In relation to current clients, the following rules shall be observed: - 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: - 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; - 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 - 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: - the client gives written informed consent; - there is no interference with the lawyer’s independence or professional judgment or with the lawyer-client relationship; or - 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: - on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or - 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. ### SECTION 15. Conflict of interest of a lawyer hired by a law firm. When a lawyer joins a law firm, it shall be the duty of the lawyer to disclose to the law firm, at the earliest possible opportunity, his or her previous clients that may have a potential conflict of interest with the current clients of the law firm. If there is a potential conflict of interest, the lawyer shall not act on the case or cases of the affected current client. ### SECTION 16. Prohibition against dating, romantic, or sexual relations with a client. A lawyer shall not have dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced. ### SECTION 17. Prohibition against conflict-of-interest representation; prospective clients. In relation to prospective clients, the following rules shall be observed: - 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. - A lawyer shall maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client. ### SECTION 18. Prohibition against conflict-of-interest representation; former clients. In relation to former clients, the following rules shall be observed: - 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. - 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. - Unless the former client gives written informed consent, a lawyer who has represented such client in a legal matter shall not thereafter represent a prospective client in the same or related legal matter, where the prospective client’s interests are materially adverse to the former client’s interests. ### SECTION 19. Corporate lawyers; conflict of interest. In relation to organizational clients, a lawyer who represents a corporation or any organization does not, by virtue of such representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. A lawyer for a corporation or other organization, who is also a member of its board of directors or trustees, shall determine whether the responsibilities of the two roles may conflict. In the event of the latter, the lawyer shall disclose the conflict of interest to all concerned parties. ### SECTION 20. Legal services organization; conflict of interest. A legal services organization is any private organization, including a legal aid clinic, partnership, association, or corporation, whose primary purpose is to provide free legal services. A lawyer-client relationship shall arise only between the client and the handling lawyers of the legal services organization. All the lawyers of the legal services organization who participated in the handling of a legal matter shall be covered by the rule on conflict of interest and confidentiality. ### SECTION 21. Lawyers in government service; conflict of interest. A lawyer currently serving in the government shall not practice law privately, unless otherwise authorized by the Constitution, the law or applicable Civil Service rules and regulations. If allowed, private practice shall be upon the express authority of the lawyer’s superior, for a stated specified purpose or engagement, and only during an approved leave of absence. However, the lawyer shall not represent an interest adverse to the government. ### SECTION 22. Public Attorney’s Office; conflict of interest. The Public Attorney’s Office is the primary legal aid service office of the government. In the pursuit of its mandate under its charter, the Public Attorney’s Office shall ensure ready access to its services by the marginalized sectors of society in a manner that takes into consideration the avoidance of potential conflict of interest situations which will leave these marginalized parties unassisted by counsel. A conflict of interest of any of the lawyers of the Public Attorney’s Office incident to services rendered for the Office shall be imputed only to the said lawyer and the lawyer’s direct supervisor. Such conflict of interest shall not disqualify the rest of the lawyers from the Public Attorney’s Office from representing the affected client, upon full disclosure to the latter and written informed consent. ## REMEDIES OF A DISBARRED LAWYER/JUDGE ### SECTION 48. Petition for judicial clemency. The verified petition for judicial clemency shall allege the following: - that the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment; - that the disbarred lawyer has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution; - 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; - 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 - 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: - that he or she still has productive years that can be put to good use if given a chance; or - there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service. ### SECTION 49. Action on the petition for judicial clemency; prima facie merit. Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria. If the petition has prima facie merit, the Supreme Court shall refer the petition to the Office of the Bar Confidant or any fact-finding body the Court so designates for investigation, report and recommendation. If the petition fails to show any prima facie merit, it shall be denied outright. ### SECTION 51. Decision on the petition for judicial clemency; quantum of evidence. The Supreme Court shall decide the petition on the basis of clear and convincing evidence. ## PREVENTIVE SUSPENSION ### SECTION 31. Preventive suspension. After receipt of respondent’s answer or lapse of the period therefor, the Supreme Court, on its own initiative, or upon the recommendation of the IBP Board of Governors, the Office of the Bar Confidant, or the fact-finding body referred to in Section 30, may suspend a lawyer from the practice of law during the pendency of the investigation for a period not exceeding one hundred eighty (180) calendar days or until such suspension is lifted by the Supreme Court, in order to prevent interference with or obstruction of the investigation, tampering, concealment or destruction of evidence, intimidating or exerting undue influence on any witness. . ## DUTIES AND POWERS OF INVESTIGATING COMMISSIONER ### SECTION 4. List of Investigating Commissioners; qualifications. The IBP shall recommend to the Supreme Court one hundred fifty (150) lawyers in good standing and repute, whom the IBP shall proportionately select from its nine (9) regions. The IBP may periodically recommend the adjustment of the number of Investigating Commissioners to the Supreme Court according to the existing caseload. The list, with the curriculum vitae of the recommended lawyers, shall be submitted by the IBP within a month from the effectivity of the Code. Only those approved by the Supreme Court may be designated as Investigating Commissioners, who shall serve for a term of three (3) years, unless sooner removed, replaced or resigned. An updated list shall be submitted by the IBP to the Supreme Court upon removal, replacement, or resignation of a lawyer previously designated as Investigating Commissioner by the Supreme Court. All approved Investigating Commissioners shall take an oath of office in the form prescribed by the IBP. A copy of the Investigating Commissioner’s appointment and oath shall be transmitted to the Supreme Court. ### SECTION 5. Assignment by raffle of Investigating Commissioner. The IBP Board of Governors shall assign by raffle an Investigating Commissioner from among the lawyers approved by the Supreme Court in the list submitted by the IBP or, when special circumstances so warrant, a panel of three (3) Investigating Commissioners, to investigate the complaint. ### SECTION 6. Complaint against a government lawyer. When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five (5) calendar days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon the lawyer’s continuing obligations under the CPRA or if the allegations, assuming them to be true, make the lawyer unfit to practice the profession, then the Investigating Commissioner shall proceed with the case. Otherwise, the Investigating Commissioner shall recommend that the complaint be dismissed. ### SECTION 7. Disqualification of Investigating Commissioner. An Investigating Commissioner shall, on his or her own initiative or upon motion, recuse from acting as such on the grounds of relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or where he or she has acted as counsel for either party, unless, in the last instance, the parties sign and enter upon the record their written consent. Where an Investigating Commissioner does not disqualify himself or herself, a party may file the appropriate motion for disqualification before the IBP Board of Governors. The IBP Board of Governors shall resolve the motion within five (5) calendar days from receipt thereof. Upon vote of majority of the members present, there being a quorum, the IBP Board of Governors shall order the disqualification and designate a replace of the disqualified Investigating Commissioner. The decision of the IBP Board of Governors on the disqualification shall be final. ### SECTION 8. Duties of the Investigating Commissioner. The Investigating Commissioner shall investigate a complaint against any member of the Integrated Bar, and thereafter submit a report embodying the recommended action to the IBP Board of Governors, within a total period not exceeding one hundred eighty (180) calendar days, from assignment by raffle. ### SECTION 18. Investigation. Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the investigation shall proceed with dispatch. The respondent shall be given full