PALE Agpalo Reviewer III-!V

LEGAL ETHICS
!"#$% '( )*$ +'',

"Leqo/ ond ludicio/ thics"
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "#

CHAPTER 3 -LAWYER'S
DUTIES TO SOCIETY

MEMORY AID FOR CANONS UNDER
THIS SECTION:
1. Promote and Respect the Law and Legal
Process (Canon 1)
2. Provide Efficient and Convenient Legal
Services (Canon 2)
3. Information on Legal Services that is
true, Honest, Fair and Dignified (Canon
3)
4. Support for Legal Reforms and
Administration of Justice (Canon 4)
5. Participate in Legal Education Program
(Canon 5)
6. Applies to Lawyers in Government
Service (Canon 6)

CANON 1: A lawyer shall uphold the
constitution, obey the laws of the land and
promote respect for law and legal process.

Rule 1.01. A lawyer shall not
engage in unlawful, dishonest,
immoral or deceitful conduct.

counsel or abet activities aimed at
defiance of the law or at lessening
confidence in the legal profession.

Rule 1.03. A lawyer shall not, for
any corrupt motive or interest,
encourage any suit or delay any
mans cause.

Rule 1.04. A lawyer shall encourage
his clients to avoid, end or settle a
controversy if it will admit of a fair
settlement

A. UPHOLDING THE CONSTITUTION
AND THE LAW

Duty to uphold the Constitution and
obey the law
First and foremost duty of a lawyer is
to:
1. Maintain allegiance to the
Republic of the Philippines;
2. Uphold the Constitution and
3. Obey the laws of the land.
Code of Professional Responsibility
underscores the primacy of such duty.
Canon 1: A lawyer shall uphold
the Constitution, obey the laws of
the land, and promote respect for
law and legal processes.

Role of lawyers in the community:
While the duty to uphold the
Constitution and obey the law is
an obligation imposed on every
citizen, a lawyer assumes
responsibilities well beyond the
basic requirements of good
citizenship.
As a servant of the law, a lawyer
should moreover make himself an
example for others to emulate.
Being a lawyer, he is supposed to
be a model in the community in
so far as respect for the law is
concerned.

A lawyers responsibilities are greater
than those of a private citizen.
He must not subvert the law by
counseling in activities which are in
defiance of the law.
He should not allow his services to be
engaged by an organization whose
members are violating the law, to
defend them when they get caught.

Duty not to engage in unlawful
conduct
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "$

Canon 1, Rule 1.01. A lawyer shall not
engage in unlawful, dishonest, immoral
or deceitful conduct.

As servant of the law, a lawyer should
moreover make himself an exemplar for
others to emulate.
Duty to obey the law and promote
respect for law and legal processes
demands that he shall not engage in
unlawful, dishonest, and immoral, or
deceitful conduct.
Unlawful conduct is an act or omission
which is against the law.
Dishonesty involves lying or cheating.
Immoral or deceitful conduct is that
which is willful, flagrant or shameless
and which shows a moral indifference to
the opinion of the good and respectable
members of the community.

Moral turpitude "includes everything
which is done contrary to justice,
honesty, modesty, or good morals. It
involves an act of baseness, vileness, or
depravity in the private duties which a
man owed his fellowmen, or to society
in general, contrary to the accepted and
customary rule of right and duty
between man and woman, or conduct
contrary to justice, honesty, modesty,
or good morals.

Duty not to counsel illegal activities
Canon1, Rule 1.02. A lawyer shall not
counsel or abet activities aimed at
defiance of the law or at lessening
confidence in the legal profession.

A lawyer who defies a writ or
preliminary injunction has flouted his
duties as a lawyer.
He should not promote an organization
known to be violating the law nor assist
it in a scheme which he knows is
dishonest
He should not allow his services to be
engaged by an organization whose
member as violating the law, to defend
them when they get caught.

The Supreme Court will not denounce
criticismmade by anyone against the
Court for, if well founded, can truly
have constructive effects in the task of
the Court, but it will not countenance
any wrongdoing nor allow the erosion of
our peoples faith in the judicial system,
let alone, by those who have been
privileged by it to practise law in the
Philippines. (Estrada v.
Sandiganbayan, 416 SCRA 465
(2003))

Terrel was found guilty of malpractice
or gross misconduct for assisting in the
establishment and acting as counsel for
the Centro Bellas Artes Club, an
organization intending to evade the
practice of law. (In Re Terrel (1903))

Duty not to encourage lawsuits
Rule 1.03. A lawyer shall not, for any
corrupt motive or interest, encourage
any suit or delay any mans cause.

Among the unprofessional acts which
come within the prohibition include the
lawyers:
1. Volunteering advice to bring
lawsuit, except in rare cases
where ties of blood, relationship,
or trust.
2. Hunting up defects in titles or
other causes of action.
3. Seeking out claims for personal
injuries or those having any other
grounds of action to secure them
as clients.
4. Initiating a meeting of the
members of a club and inducing
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "%

them to organize and contest a
legislation under his guidance.
5. Purchasing notes to collect them
by litigation at a profit.

Purpose of the prohibition: To prevent
ambulance chasing - solicitation of
almost any kind of legal business by
laymen employed by an attorney for
the purpose or by the attorney himself.

Ambulance chasing has spawned
recognized evils and is prohibited
because:
1. It stirs up litigation with resulting
burdens on courts and the public;
2. Supports perjury.
3. Defrauds innocent persons by
judgments, upon manufactured
causes of actions.
4. Defrauds injured persons having
proper causes of action but
ignorant of legal rights and court
procedure by means of contracts
which retain exorbitant expenses
and by settlement made for quick
returns of fees against the rights
of the injured persons.

Duty to encourage amicable
settlement
Rule 1.04. A lawyer shall encourage his
clients to avoid, end or settle a
controversy if it will admit of a fair
settlement.

The function of a lawyer is not only to
conduct litigation but to avoid it where
possible, by advising settlement or
withholding suit.
He/she must act as mediator for
compromise rather than an instigator
and conflict.
What sometimes beclouds a lawyers
judgment as to what is best for his
client is his/her eye on the attorneys
fees which are often considerably less
when the cause is amicably settled. The
problem of conflict of interests must be
resolved against self-interest.

Parties to an amicable settlement enjoy
benefits better than those which can
legally be secured to them by judicial
procedure.
Litigation involves time, expense, and ill
feelings, which may well be avoided by
the settlement of the action.
A compromise or even a confession of
judgment will:
1. Accord respect to the just claim
of the other party;
2. Save the client additional
expenses;
3. Help prevent clogging of the
docket.

LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "&

CANON 2: A lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness
of the profession.

Rule 2.01. A lawyer shall not reject,
except for valid reasons, the cause
of the defenseless or the oppressed.

Rule 2.02. In such cases, even if
the lawyer does not accept a case,
he shall not refuse to render legal
advice to the person concerned if
only to the extent necessary to
safeguard the latters rights.

Rule 2.03. A lawyer shall not do or
permit to be done any act designed
to primarily solicit legal business.

charge rates lower than those
customarily prescribed unless the
circumstances so warrant.

B. MAKING LEGAL SERVICES
AVAILABLE

Generally
A lawyer shall make his legal services
available in an efficient and convenient
manner compatible with the
independence, integrity and
effectiveness of the profession.
A lawyer who is qualified to provide
efficient legal services should make
available such services to those who are
in need thereof.
IBP Committee that drafted the Code
explained: A person in need of legal
services should be able to find a lawyer
who is qualified to provide them. It is
the responsibility of the bar to make
such services available.
A wide gap exists between the need
and its satisfaction. This has been
mainly ascribed mainly to 2 reasons:
1. Poverty and the consequent
inability to pay.
2. Ignorance not only of the need of
legal services but also of where to
find a competent and dependable
lawyer.

A lawyer shall not reject the cause of
the defenseless
Rule 2.01. A lawyer shall not reject,
except for valid reasons, the cause of
the defenseless or the oppressed.
Stems from one of the obligations
incident to the status and privileges of a
lawyer - To represent the poor and
oppressed in the prosecution of their
claims or the defense of their rights.
Even in those instances in which he
may not, for valid reasons, accept the
case, the lawyer "shall not refuse to
render legal advice to the person
concerned if only to the extent
necessary to safeguard the latters
rights. (Rule 2.02.)

The duty of a lawyer to accept the
cause of the defenseless and the
oppressed empowers the court to
require him to render professional
services to any party in a case, if the
party is without means to employ an
attorney and the services of a lawyer
are necessary to protect the rights of
such party or secure the ends of justice.
To designate him as counsel de oficio
for an accused if the latter is unable to
employ a counsel de parte.
The lawyer so assigned has to render
effective legal services, under the pain
of disciplinary sanction should he fail or
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "'

neglect to do so, until he is excused
therefrom by the court.
Every lawyer should:
1. Welcome the assignment as an
opportunity to render public
service;
2. Show that the practice of law is a
profession; and
3. Demonstrate that the efficient
discharge of his duties does not
depend upon payment or amount
of fees.

The Integrated Bar of the Philippines
through its Committee on Legal Aid has
established legal aid offices throughout
the country.
Its objective is to provide on a
nationwide basis legal services in favor
of the poor segment of society.
Their policy is that legal aid is not a
matter of charity. It is a means for the
correction of social imbalance that may
and often do lead to injustice, which
makes it a public responsibility of the
Bar.

A lawyer shall not refuse to render
legal advice
Rule 2.02. In such cases, even if the
lawyer does not accept a case, he shall
not refuse to render legal advice to the
person concerned if only to the extent
necessary to safeguard the latters
rights.

GENERAL RULE: A lawyer may refuse
to accept the cause of the defenseless
or the oppressed. A lawyer is not
obliged
to act as legal counsel for any person who
may wish to become his client.

EXCEPTIONS:
1. A lawyer shall not refuse his services
to the needy.
2. He shall not decline to represent a
person solely on account of the
latters race, sex, creed or status of
life or because of his own opinion
regarding the guilt of said person.
(Canon 14, Rule 14.01)
3. If there is serious and sufficient
cause, an appointment as counsel de
oficio or as amici curiae, or a request
from the Integrated Bar of the
Philippines or any of its chapters for
rendition of free legal aid. (Canon
14, Rule 14.02)

EXCEPTION TO THE EXCEPTION: A
lawyer may refuse to accept
representation of an indigent client if:
a. He is not in a position to carry
out the work effectively or
competently;
b. He labors under a conflict of
interests between him and the
prospective client or between a
present client and the prospective
client. (Canon 14, Rule 14.03)

A valid reason to refuse is when the
lawyer is not in a position to carry out
the work effectively and competently.
However he shall still render legal
advice (such as those pertaining to
preliminary steps a person can take).
But he shall refrain from giving legal
advice if the reason for not accepting
the case is that there involves a conflict
of interest (between him and a
prospective client or between a present
client and a prospective client).
In the case mentioned above, rendering
legal advice to the prospective client
will establish an attorney-client
relationship between them and this will
constitute a violation of the rule
prohibiting a lawyer from representing
conflicting interests. (Canon 15, Rule
15.03)
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' "(

Participating in legal development

CANON 5: A lawyer shall keep abreast of
legal developments, participate in
continuing legal education programs,
support efforts to achieve highest
standards in law schools as well as in the
practical training of law students and assist
in disseminating information regarding law
and jurisprudence.

It is the bounden duty of counsel in the
active practice to keep abreast of
decisions of the Supreme Court and
changes in the law.
It is imperative that judges should be
conversant with basic legal principles
and with the changes in the law and
with the latest decisions and
precedents.
For service in the judiciary and being in
the active practice of law require
continuous study and research on the
law from beginning to end.

Legal education should be a continuing
concern.
After admission to practice, a lawyer
incurs a three-fold obligation:
1. He owes it to himself to continue
improving his knowledge of the
law.
2. He owes it to his profession to
take an active interest in the
maintenance of high standards of
legal obligation.
3. He owes it to the lay public to
make the law a part of its social
consciousness.

Mandatory Continuing Legal Education
(MCLE)
Members of the IBP, except those
exempt under Rule 7 of Bar Matter No.
850 (Mandatory Continuing Legal
Education), are required every 3 years
to complete at least 36 hours of
continuing legal education activities,
with appropriate penalties for failure to
do so.

C. APPLICABILITY OF CODE TO
GOVERNMENT LAWYERS

CANON 6. These Canons shall apply to
lawyers in government service in the
discharge of their official duties.
Rule 6.01. The primary duty of a
lawyer in public prosecution is not to
convict but to see that justice is
done. The suppression of facts or the
concealment of witnesses capable of
establishing the innocence of the
accused is highly reprehensible and
is cause for disciplinary action.

Rule 6.02. A lawyer in government
service shall not use his public
position to promote or advance his
private interests, nor allow the latter
to interfere with his public duties.

Rule 6.03. A lawyer shall not, after
leaving government service, accept
engagement or employment in
connection with any matter in which
he had intervened while in said
service.

Code is applicable to government
lawyers
Canon 6 makes the Code of Professional
Responsibility applicable to lawyers in
government service in the discharge of
their official duties.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )*

The reason for the rule is that a lawyer
does not shed his professional
obligations upon assuming public office.
In fact, his professional obligations
should make him more sensitive to his
official obligations because a lawyers
disreputable conduct is more likely to
be magnified in the public eye.

As government counsel, they have the
added duty to abide by the policy of the
State to promote a high standard of
ethics in public service.
As part of the government bureaucracy,
it is incumbent upon lawyers to perform
and discharge their duties with the
highest degree of professionalism,
intelligence, and skill, and to extend
prompt, courteous, and adequate
service to the public.

Fundamental principle in public law:
Public office is a public trust.
A public servant owes utmost fidelity to
the public service.
Norms of conduct required of public
officials:
1. Uphold the public interest over
and above personal interest.
2. Discharge their duties with the
highest degree of excellence,
professionalism, intelligence, and
skill.
3. Act with justness and sincerity.
4. Provide service without
discrimination.
5. Extend prompt, courteous, and
adequate service to the public.
6. Be loyal to the Republic.
7. Commit themselves to democratic
way of life and values.
8. Live modest lives.

A prosecutor shall see to it that justice
is done
Rule 6.01. The primary duty of a
lawyer in public prosecution is not to
convict but to see that justice is done.
The suppression of facts or the
concealment of witnesses capable of
establishing the innocence of the
accused is highly reprehensible and is
cause for disciplinary action.

A public prosecutor is a quasi-judicial
officer who represents, not an ordinary
party to a controversy, but sovereignty.
This sovereignty has its obligation to
govern impartially. Therefore, the
interest in a criminal prosecution is not
that it shall win a case but that justice
shall be done.

A public prosecutor should not hesitate
to recommend to the court the acquittal
of the accused if the evidence in his
possession shows that the accused is
innocent.
If he finds no legal basis to sustain a
conviction, he should not hesitate to
recommend that the accused be
acquitted.
For his finest hour is not when he wins
a case with the conviction of the
accused. His finest hour is still when,
overcoming the advocates natural
obsession for victory, he stands up
before the court and pleads not for the
conviction of the accused but for his
acquittal. For indeed, his noble task is
to prosecute only the guilty and to
protect the innocent.

Restrictions on the functions of public
prosecutor
Public prosecutors should not allow
giving the impression that their noble
office is being used, wittingly or
unwittingly, for political ends or other
purposes alien to the basic objective of
serving the interests of justice
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )+

evenhandedly, without fear or favor to
any and all litigants, whether rich or
poor, weak or strong, powerless or
mighty.

It is his duty to refrain from improper
methods calculated to produce a
wrongful conviction.
He should not offer as proof of the guilt
of the accused which is illegally seized.
Nor suppress facts or conceal witnesses
capable of establishing the innocence of
the accused.

It is improper for a public prosecutor
to:
1. Assist in the escape of a prisoner.
2. Institute a criminal action to force
settlement of a case.
3. Agree to refrain from prosecuting
a person in consideration of some
reward.
4. Receive money for dismissing a
complaint.
5. Induce an accused to plead
guilty.
6. Willfully fail to prosecute
violations of law.
7. Have a secret partner with whom
he divides the attorneys fees.

In appeals, the Solicitor General has
control
GENERAL RULE: The Solicitor General
shall represent the People in criminal
actions brought to the Court of Appeals
and the Supreme Court.
EXCEPTION: In all cases elevated to the
Sandiganbayan and from there to the
Supreme Court, the Office of the
Ombudsman, through its special
prosecutor, shall represent the People.
9RA 8249)
EXCEPTION TO THE EXCEPTION: Cases
filed pursuant to Executive Order Nos.
1, 2, 14, and 14-A issued in 1986.

Role of the private prosecutor
GENERAL RULE: Where the civil action
for recovery of civil liability is instituted
in the criminal action, the offended
party may intervene by counsel in the
prosecution of the offense. (Rule 110,
Sec. 16. Rules of Court)
EXCEPTIONS: Public prosecutor has
direction and control of the prosecution:
1. Where from the nature of the
crime and the law defining and
punishing it, no civil liability
arises in favor of a private
offended party.
2. In cases where from the nature of
the offense, the offended party is
entitled to civil indemnity arising
therefrom but he has:
a. Waived the civil action or
b. Expressly reserved the
right to institute it
separately from the
criminal action.

The role of the private prosecutor in
criminal actions is to represent the
private offended party with respect to
the civil action for the recovery of civil
liability arising from the offense.
His sole purpose is to enforce the civil
liability and not to demand the
punishment of the accused.

Intervention by private lawyer is
subject to prosecutor's control
The intervention of the private
prosecutor in the criminal prosecution is
always subject to the direction and
control of the public prosecutor.
Public prosecutor is duty bound to take
charge of the prosecution until its
termination.
While he may allow the private
prosecutor to actively handle the
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )"

conduct of the trial, his duty to direct
and control requires that:
1. He must be present during the
proceedings.
2. He must at any time, take over
the conduct of the trial from the
private prosecutor.

Where the prosecutor turned over the
active conduct of the trial to the private
prosecutor who presented testimonial
evidence even when the public
prosecutor was absent during the trial,
the evidence presented could not be
considered as valid evidence of the
People of the Philippines.
However, it applies only to courts which
are provided by law with their own
prosecutors, and not to Municipal Trial
Courts which have no trial prosecutors.
A private prosecutor taking over a
criminal action cannot take a stand
different from or opposed to that of the
public prosecutor or cannot adopt a
stand inconsistent with that of the
Solicitor General, otherwise it would be
tantamount to giving him the direction
and control of the criminal proceedings,
contrary to law and settled rules on the
matter.

When the public prosecutor should
take over handling of the case
A public prosecutor should not allow the
trial in the hands of a private
prosecutor to degenerate into a private
prosecution.
The administration of criminal law
should never be for the accomplishment
of a private gain or advantage nor it be
a vehicle of oppression for the
gratification of private malice.

A lawyer shall not use his public
position to promote his private
interest
Rule 6.02. A lawyer in government
service shall not use his public position
to promote or advance his private
interests, nor allow the latter to
interfere with his public duties.

If the law allows a public official to
practice law concurrently, he must not
use his public position to feather his law
practice.
Neither should he accept any private
legal business in which his duty to his
client will or may conflict with his
official duties, and if some unforeseen
conflict with his official duties arises he
should terminate his professional
relationship.

A public official should see to it that his
private activity does not interfere with
the discharge of his official functions.
He should avoid all impropriety and the
appearance of impropriety.
Neither should he inferentially create a
public image that he is utilizing his
public position to advance his
professional success or personal
interest at the expense of the public.

RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
Employees.
Sec. 7(b). In addition to acts and
omissions of public officials and employees
not prescribed in the Constitution and
existing laws, the following shall constitute
prohibited acts and transactions of any
public official and employee and are
hereby declared to be
unlawful:
(b) Outside employment and other
activities related thereto.-Public officials
and employees during their incumbency
shall not:
1. Own, control, manage or accept
employment as officer employee,
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' ))

consultant, counsel, broker, agent,
trustee or nominee / in any private
enterprise regulated, supervised or
licensed by their office / unless
expressly allowed by law;
2. Engage in the private practice of
their profession unless authorized by
the Constitution or law, provided
that such practice will not conflict or
tend to conflict with their official
functions; or
3. Recommend any person to any
position in a private enterprise which
has a regular or pending official
transaction with their office.

Former official may not accept certain
employment
Rule 6.03. A lawyer shall not, after
leaving government service, accept
engagement or employment in
connection with any matter in which he
had intervened while in said service.

The restriction covers "engagement and
employment, which means that he
cannot accept any work or employment
from anyone that will involve or relate
to the matter in which he intervened as
a public official, except on behalf of the
body or authority which he served
during his public employment.

PCGG v. Sandiganbayan, 455 SCRA
526 (2005)):
PCGG seeks to disqualify Atty. Estelito
Mendoza as counsel for the Lucio Group of
Companies in the suit involving the
sequestration of shares of stock of the LGC
as alleged ill-gotten wealth, on the ground
that as former Solicitor General, he
intervened in the matter of the liquidation
of Genbank, which was subsequently
purchased by LGC.

The Court ruled that ATty Mendoza could
not be disqualified from representing the
LGC. The Court explained:
The key to unlock Rule 6.03 lies in
comprehending.
1. The meaning of "matter
referred to in the rules.
2. The metes and bounds of the
"intervention made by the
former government lawyer on
the "matter.
The American Bar Association, in its
Formal Opinion 342, defined "matter
as:
! Any discrete, isolatable act as
well as identifiable transaction
and not merely an act of
drafting, enforcing or
interpreting government or
agency procedures,
regulations or laws, or briefing
abstract principles of law.
The "matter or the act of Atty.
Mendoza as Solicitor General is
"advising the Central Bank on how to
proceed with Genbanks liquidation is
held not to be the "matter
contemplated by Rule 6.03.
Clearly, ABA Formal Opinion 342
stresses that Atty. Mendozas acts did
not fall within the scope of the term
"matter.
It is given that respondent Mendoza
had nothing to do with the decision of
the Central Bank to liquidate Genbank
and did not even participate in the sale
of Genbank to Allied Bank.
The "matter which he got himself
involved was informing the Central
bank on the procedure by law to
liquidate Genbank.
It is not the same as the subject
"matter of the civil case of
sequestration of stocks owned by Tan in
Allied Bank on the alleged ground that
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )#

they are ill-gotten. This case does not
involve the liquidation of Genbank.
Whether the shares of stock of Allied
Bank are ill-gotten is far removed from
the issue of the dissolution and
liquidation of Genbank.

"Intervention is interference that may
affect the interest of and influence others.
Intervention must not be insubstantial and
insignificant.

"Substantial responsibility is required by
the prohibition.

In interpreting Rule 6.03, the Court also
cast a harsh eye on its use as a litigation
tactic to harass opposing counsel as well
as deprive his client of competent legal
representation.

In the case at bar, the new attempt to
disqualify respondent Mendoza has long
been a dead issue, resuscitated after the
lapse of many years and only after PCGG
has lost many legal incidents in the hands
of the respondent.

It is also submitted that the Court should
apply Rule 6.03 in all its strictness for it
correctly disfavors lawyers who "switch
sides and intended to avoid conflict of
loyalties. It is claimed that "switching
sides carries the danger that former
government employee may compromise
confidential official information in the
process.

The act of respondent Mendoza in
informing the Central Bank on the
procedure how to liquidate Genbank is a
different matter from the subject matter of
Civil Case No. 0005 which is about
sequestration of the shares of respondents
Tan in Allied Bank. There is no switching
sides for no two sides are involved.

LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )$

CHAPTER 4: THE LAWYER'S
DUTIES
TO THE LEGAL PROFESSION

A. UPHOLDING INTEGRITY OF
PROFESSION

Canon 7: A lawyer shall at all times
uphold the integrity and dignity of the legal
profession and support the activities of the
integrated bar.

Rule 7.01. A lawyer shall be
answerable for knowingly making a
false statement or suppressing a
material fact in connection with his
application for admission to the bar.

support the application for admission
to the bar of any person known by
him to be unqualified in respect to
character, education, or other
relevant attribute.

engage in conduct that adversely
reflects on his fitness to practice law,
nor shall he, whether in public or
private life, behave in a scandalous
manner to the discredit of the legal
profession.

Generally
Canon 7: A lawyer shall at all times
uphold the integrity and dignity of the
legal profession and support the
activities of the integrated bar.
Maintenance of a high standard of legal
proficiency and fair dealing is a
prerequisite to making the bar an
effective instrument in the proper
administration of justice.
It is necessary that lawyers strive to
uphold the honor and maintain dignity
of the profession and to improve the
law and the administration of justice.
The respect of the public to the legal
profession is enhanced by the faithful
performance of the lawyers duties to
the court, to society, to his brethren in
the profession, and to his client.
Such respect is diminished whenever a
member betrays the trust and
confidence reposed in him by his client.
Public confidence in law and lawyers
may be eroded by the irresponsible and
improper conduct of a member of the
bar.
Thus, every lawyer should act in a
manner that would promote public
confidence in the integrity of the
profession.
A lawyer should also involve in and
actively support the activities of the
IBP.

A person shall make no false
statement in his application for
admission to the bar
Rule 7.01. A lawyer shall be
answerable for knowingly making a
false statement or suppressing a
material fact in connection with his
application for admission to the bar.
Observance of the duties and
responsibilities of a lawyer begins even
as a law student. A students failure to
live up to them may be a ground for SC
to refuse admission to practice or for
disbarment should SC learn later on
about his/her transgressions.
A person seeking to be admitted to the
bar must show that he has all the
qualifications and none of the
disqualifications prescribed by law.

A lawyer shall not support unqualified
applicant to the bar
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )%

Rule 7.02. A lawyer shall not support
the application for admission to the bar
of any person known by him to be
unqualified in respect to character,
education, or other relevant attribute.
A lawyer should not readily execute an
affidavit of good moral character in
favor of an applicant who has not live
up to the standard set by law.
He should volunteer information or
cooperate in any investigation
concerning alleged anomaly in the bar
examination. This is to help guard the
profession from candidates who are
unfit or unqualified.
He should expose without fear or favor
before the SC corrupt or dishonest
conduct in the profession and should
not hesitate to accept professional
employment against a lawyer who has
wronged his client.

A lawyer shall always conduct himself
ethically and morally
The best way a lawyer can uphold the
integrity and dignity of the profession is
not to engage in conduct that adversely
reflects on his fitness to practice law,
nor shall he, whether in public or
private life, behave in a scandalous
manner to the discredit of the legal
profession. (Rule 7.03.)
He should endeavor to conduct himself
in such a way as to give credit to the
legal profession and to inspire the
confidence, respect, and trust of his
clients and the community.
Acts which adversely reflect on the
lawyers fitness to practice law, which
justify suspension:
1. Gross immorality.
2. Conviction of a crime involving
moral turpitude.
3. Fraudulent transactions.

Gross immorality reflective of
unfitness to practice
Acts of personal immorality in his
private relation with the opposite sex.
Gross immorality of the act, not merely
immorality, to justify suspension or
disbarment.
Grossly Immoral Act
1. One that is so corrupt and false
as to constitute a criminal act.
2. Unprincipled or disgraceful as to
be reprehensible to a high
degree.
Acts of gross immorality, justifying
denial of application to take the
lawyers oath or suspension or
disbarment :
1. Living an adulterous life with a
married woman.
2. Maintaining illicit relations with a
niece.
3. Abandonment of his lawful wife to
live with another woman.
4. Contracting marriage while first
marriage still subsisting.
5. Seducing a woman to have carnal
knowledge with her on the basis
of misrepresentation that he is
going to marry her, that he is
single, or that they are already
married upon signing a mere
application for marriage license.
6. Carnal knowledge with a student
by taking advantage of his
position.
However, mere intimacy between man
and woman either of whom possess no
legal impediment to marry, voluntarily
carried on and devoid of any deceit on
the part of the lawyer, is not corrupt or
unprincipled to warrant disciplinary
action as member of the bar. Even if
the relationship results in the woman
giving birth to a child so long as he
admits paternity and agrees to support
the child.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )&

Cohabitation per se is not grossly
immoral.
! Whether a lawyers sexual
congress with a woman not his
wife should be characterized as
grossly immoral will depend upon
the surrounding circumstances.
Even if the evidence is not sufficient to
hold a lawyer liable for gross
immorality, may nonetheless be
reprimanded where such evidence
shows failure on his part to comply with
the rigorous standards of conduct.

Conviction of a crime involving moral
turpitude
Moral turpitude:
! Anything which is done contrary
to justice, honesty, modesty, or
good morals.
! Any act of vileness, baseness, or
depravity in the private and social
duties a man owes his fellowmen
or to society, contrary to the
accepted rule of right and duty
between man and woman.
! In general, all crimes which fraud
or deceit is an element.
Lawyers convicted of such crime are
either suspended or disbarred.

Commission of fraud or falsehood
Commission of such may badly reflect
on his fitness to practice law.
He may be administratively disciplined.
Acts of misconduct calling for
disciplinary actions:
1. Falsely stating in a deed of sale
that the property is free from
liens or encumbrances.
2. Knowingly taking part in a false
and simulated transaction.
3. Making it appear that a vendor,
long dead, executed a document
of sale in his favor.
4. Concealing in an information
sheet required by law in
connection with his employment
the fact that he was charged with
or convicted of a crime.
5. Borrowing money as a guardian
for his benefit upon the wards
property as collateral without the
courts approval.
6. Encashing a check payable to his
deceased cousin by signing the
latters name.
7. Falsifying a power of attorney and
using it to collect the money due
the principal and converting it to
his benefit.
8. Misappropriating money
belonging to his employer.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )'

B. LAWYER'S RELATION WITH OTHER
LAWYERS

Canon 8. A lawyer shall conduct himself
with courtesy, fairness, and candor toward
his professional colleagues, and shall avoid
harassing tactics against opposing counsel.

Rule 8.01. A lawyer shall not, in
professional dealings, use language
which is abusive, offensive or
otherwise improper.

Rule 8.02. A lawyer shall not,
directly or indirectly, encroach upon
the professional employment of
another lawyer; however, it is the
right of any lawyer, without fear or
favor, to give proper advice and
assistance to those seeking relief
against unfaithful or neglectful
counsel.

Generally
Membership in the bar imposes upon
lawyers certain obligations to one
another.
What makes the practice of law a
profession:
! Observance of honorable, candid,
and courteous dealings with other
lawyers.
! Fidelity to known and recognized
customs and practices of the bar.

Candor, fairness, and truthfulness
should characterize relations
The Court reminds parties and counsels
to:avoid further squabbles and
unnecessary filing of administrative
cases against each other.
Mutual bickering and unjustified
recriminations between attorneys
detract from the dignity of the legal
profession and will not receive
sympathy from the Court.
Duty of lawyer to restrain his client
from improprieties and to terminate his
relation with him if the latter persists in
his wrongdoing.
A lawyer should not use, to his or his
clients benefit, the secrets of the
adverse party acquired through design
or inadvertence.
A lawyer who thinks a case is weak may
not criticize the lawyer who accepts it,
much less should he attribute to him
evil motive for taking up the clients
cause.
It is not, however, improper for a
lawyer to accept employment to compel
another lawyer to honor the just claim
of a layman. His action toward such
end, as writing a letter of demand to
the lawyer, is not unethical since it is
mere honest effort to serve the interest
of the client.

A lawyer should use temperate
language
Rule 8.01. A lawyer shall not, in
professional dealings, use language
which is abusive, offensive or otherwise
improper.
His arguments, written or oral, should
be gracious to both the court and the
opposing counsel.
Should be of such words as may be
properly addressed by one gentleman
to another.
"Do as adversaries do in law: strive
mightily but eat and drink as friends.
Whatever may be the ill-feelings
between the clients should not influence
counsel in their conduct and demeanor
toward each other.
They should scrupulously avoid all
personalities and personal history or
personal peculiarities and idiosyncrasies
of the other.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' )(

A lawyer shall not encroach upon
business of another
Rule 8.02. A lawyer shall not, directly
or indirectly, encroach upon the
professional employment of another
lawyer; however, it is the right of any
lawyer, without fear or favor, to give
proper advice and assistance to those
seeking relief against unfaithful or
neglectful counsel.
A lawyer should not steal the other
lawyers client nor induce the latter to
retain him by promise of better service,
good result or reduced fees for his
services. Neither should he disparage
another, make comparisons or publicize
his talent as a means to further his law
practice.
It is, however, the right of a lawyer,
without fear or favor, to give proper
advice to those seeking relief against
unfaithful or neglectful counsel.
He may accept employment to handle a
matter previously handled by another
lawyer, provided that the other lawyer
has been given notice of termination of
service. Without such notice, he shall
only appear once he has obtained
conformity or has, at the very least,
given sufficient notice of contemplated
substitution.
A lawyers appearance in the case
without notice to the first lawyer
amounts to an improper encroachment
upon the professional employment of
the original counsel.

Negotiation with opposite party
Canon 9 of the Canons of Professional
Ethics provides that a "lawyer shall not
in any way communicate upon the
subject of controversy with a party
represented by counsel, much less
should he undertake to negotiate or
compromise the matter with him, but
should deal only with his counsel. It is
incumbent upon the lawyer most
particularly to avoid everything that
may tend to mislead a party not
represented by counsel, and he should
not undertake to advise him as to the
law.
A lawyer should not, in the absence of
the adverse partys counsel, interview
the adverse party and question him as
to the facts of the case even if the
adverse party was willing to do so.
Neither should he sanction the attempt
of his client to settle a litigated matter
with the adverse party without the
consent nor knowledge of the latters
counsel.

Association as a colleague in a case
A clients proffer of assistance of
additional counsel should not be
regarded as evidence of want of
confidence but the matter should be left
to the determination of the client.
The 2nd lawyer should communicate
with the 1st before making an
appearance. Should the 1
st
lawyer
object, he should decline association
but if the 1st lawyer is relieved, he may
come into the case.
When there is conflict of opinions
between two lawyers jointly associated
in a case, the client should decide. The
decision should be accepted unless the
nature of the difference makes it
impracticable for the lawyer whose
judgment has been overruled to
cooperate effectively. In this event, it is
his/her duty to ask client to relieve
him/her.

C. PREVENTING UNAUTHORIZED
PRACTICE OF LAW

LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #*

Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized
practice of law.

delegate to any unqualified person
the performance of any task which
by law may only be performed by a
member of the Bar in good standing.

Rule 9.02. A lawyer shall not divide
or stipulate to divide a fee for legal
services with persons not licensed to
practice law, except:
1. there is a pre-existing agreement
with a partner or associate that,
upon the latters death, money shall
be paid over a reasonable period of
time to his estate or to persons
specified in the agreement; or
2. Where a lawyer undertakes to
complete unfinished or legal
business of a deceased lawyer; or
3. Where a lawyer or law firm
includes non-lawyer employees in a
retirement plan, even if the plan is
based in whole or in part, on profit-
sharing arrangement.

Duty to prevent unauthorized practice
of law
Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized
practice of law.
Public policy requires that the practice
of law be limited to those individuals
found duly qualified in education and
character.
The permissive right conferred on the
lawyer is an individual and limited
privilege subject to withdrawal if he
fails to maintain proper standards of
moral and professional conduct.
Purpose is to protect the public, the
court, the client, and the bar from
incompetence and dishonesty of those
unlicensed to practice law and not
subject to the disciplinary control of the
court.
The law makes it a misbehavior on the
part of the lawyer to aid a layman in
the unauthorized practice of law.
A person not admitted to the bar may
not hold himself out to the public as
engaged in the practice of law, either
alone or as associated with a practicing
attorney under a firm name. (US v.
Ney (1907))
He may not form a partnership with a
lay accountant to specialize in income
tax work unless he ceases to hold
himself out as a lawyer and strictly
confine his activities to such as are
open to lay accountants.

Intervention of intermediary not
allowed
Prohibition on intermediary to intervene
in the performance of lawyers
professional obligations.
Lawyers relation to client is personal
and responsibility is direct.
Intervention of lay agency between
lawyer and the client is forbidden.
It is thus improper for a lawyer to
accept employment from an automobile
club which, in soliciting membership,
offers free services of it legal
department to members.
Employment should not include the
rendering of legal services to members
of such an organization in respect to
their individual affairs.
A charitable society rendering aid to the
indigent is not, however, an
intermediary within the meaning of the
rule.

A lawyer shall not delegate legal work
to non-lawyers
Rule 9.01. A lawyer shall not delegate
to any unqualified person the
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #+

performance of any task which by law
may only be performed by a member of
the Bar in good standing.
He should not delegate to a layman any
work which involves the application of
law, such as:
1. The computation and
determination of the period within
which to appeal and adverse
judgment.
2. Examination of witnesses.
3. Presentation of evidence.
Can employ secretaries, investigators,
detectives, researches as long as they
are not involved in the practice of law
(e.g., not "writing pleadings, appearing
in court, etc.)

A lawyer shall not divide fees with
non-lawyers
Rule 9.02. A lawyer shall not divide or
stipulate to divide a fee for legal
services with persons not licensed to
practice law.
Exceptions:
1. Where there is a pre-existing
agreement with a partner or
associate that, upon the latters
death, money shall be paid over a
reasonable period of time to his
estate or to persons specified in the
agreement.
2. Where a lawyer undertakes to
complete unfinished or legal
business of a deceased lawyer.
3. Where a lawyer or law firm includes
non-lawyer employees in a
retirement plan, even if the plan is
based in whole or in part, on
profitsharing arrangement.

The first two exceptions to the rule
represent compensation for legal
service rendered by the deceased
lawyer during his lifetime, which is paid
to his estate or heirs.
The third exception to the rule does not
involve, strictly speaking, a division of
legal fees with non-lawyer employees.
The retirement benefits in the form of
pension represent additional deferred
wages or compensation for past
services of the employees
Impropriety arises where the effect of
the arrangement is to make the estate
or heir a member of the partnership
along with the surviving partners, or
where the estate or heir is to receive a
percentage of fees that may be paid
from future business of the deceased
lawyers clients. Such fees no longer
represent compensation for past
services of the deceased lawyer.
An agreement between a union lawyer
and a layman president of the union to
divide equally the attorneys fees that
may be awarded in a labor case violates
the rule.

D. SOLICITATION AND ADVERTISING

A lawyer shall not solicit legal
business
The law prohibits lawyers from soliciting
cases for the purpose of gain, either
personally, or through paid agents or
brokers, and makes the act
malpractice. (Rule 138, Sec. 27, Rules
or Court)
Sec. 27. Attorneys removed or
suspended by Supreme Court on what
grounds. - A member of the bar may be
removed or suspended from his office
as attorney by the Supreme Court for
any deceit, malpractice, or other gross
misconduct in such office, grossly
immoral conduct, or by reason of his
conviction of a crime involving moral
turpitude, or for any violation of the
oath which he is required to take before
admission to practice, or for a wilfull
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #"

disobedience of any lawful order of a
superior court, or for corruptly or
wilfully appearing as an attorney for a
party to a case without authority so to
do. The practice of soliciting cases at
law for the purpose of gain, either
personally or through paid agents or
brokers, constitutes malpractice.
Rule 2.03. A lawyer shall not do or
permit to be done any act designed to
primarily solicit legal business.
Among those that fall under the
prohibition:
1. A lawyer who recommends
employment of himself, his
partner, associate, or member of
his legal staff to a non-lawyer
who has not sought his advice
regarding employment of a
lawyer.
2. A lawyer who compensates and
gives anything of value to a
person or organization to
recommend or secure his
employment of a client.
3. A lawyer who gives a reward for
having made a recommendation
resulting in his employment by a
client.

A lawyer shall not charge lower rates
to attract business
An unethical practice of indirect
solicitation of legal business.
Rule 2.04. A lawyer shall not charge
rates lower than those customarily
prescribed unless the circumstances so
warrant.
What the rule prohibits is the
competition in the matter of charging
professional fees for the purpose of
attracting clients in favor of a lawyer
with lower rates.
The rule does not prohibit the charging
of a reduced fee or none at all, to an
indigent or a person having difficulty
paying the usual fee.

A lawyer cannot advertise his talent;
reasons therfor
General rule: A lawyer cannot advertise
his talent as a shopkeeper advertises
his wares.
Restriction originated from practices in
the Inns of Court of England.
Young men studying to become
barristers regarded the law as primarily
a form of public service in which the
gaining of a livelihood was but a
secondary consideration.
A lawyer is a member of an honorable
profession whose primary purpose is to
render public service and help secure
justice and in which remuneration is a
mere incident.
To allow a lawyer to advertise his talent
or skill is to commercialize the practice
of law, lower the profession in public
confidence and lessen its ability to
render efficiently that high character of
service to which every member of the
bar is called.
If competitive advertising were
permitted, the conscientious and ethical
lawyers will unavoidably be at the
mercy of the braggart.

Proper or permissible advertising or
solicitation
Not all advertising or solicitation are
prohibited.
What makes solicitation improper is:
1. the employment of such methods
as are incompatible with the
traditional dignity of a lawyer and
maintenance of correct
professional standards or
2. the use of artificial means to
augment the publicity that
normally results from what a
lawyer does.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #)

Best advertising for a lawyer: A well-
merited reputation for professional
capacity and fidelity to trust.
Good and efficient service to a client as
well as to the community has a way of
publicizing itself and catching public
attention.
That publicity is a normal by-product of
effective service.
A good and reputable lawyer needs no
artificial stimulus to generate it and to
magnify his success.
EXCEPTIONS:
1. Those which are expressly
allowed.
2. Those which are necessarily
implied from the restrictions.

publication in reputable law list with
brief biographical and other
informative data which may include
name, associates, address, phone
numbers, branches of law practised,
birthday, day admitted to the bar,
schools and dates attended, degrees
and distinctions, authorships,
teaching positions, associations,
legal fraternities and societies,
references and regularly represented
clients must be published for that
purpose;
an ordinary, simple professional
card;
publication of simple announcement
of opening of law firm, change of
firm;
telephone directory (but not under
designation of special branch of
law);
if acting as an associate (specialising
in a branch of law), may publish a
brief and dignified announcement to
lawyers (law list, law journal);
seeking a public office (which can be
filled only by a lawyer);
full time position as corporate
counsel;
if in media, those acts incidental to
his practice (i.e., not his own
initiative);
write articles for publication giving
information upon the law (and not
individual rights or advising through
column/ TV broadcast, lest such be
considered indirect advertising);
if entering into other businesses
(which are not inconsistent with
lawyers duties) then it is advisable
that they be entirely separate and
apart such that a layman could
distinguish between the two
functions.

Writing legal articles
An attorney "may with propriety write
articles for publications in which he
gives information upon the law; but he
should not accept employment from
such publications to advise inquiries in
respect to their individual rights.
(Canon 40, Code of Professional Ethics)
A lawyer may properly write and sell for
publication, articles of general nature
on legal subjects in a law journal.

What should be guarded against is the
violation of the ethical principles
concerning:
1. Improper advertising by a lawyer.
2. Giving of legal advice to one with
whom no attorney-client
relationship exists.
3. Aiding of a layman to engage in
unauthorized practice of law.

Engaging in business or other
occupation
It is not uncommon to see lawyers
combining law practice with some other
lawful occupation.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' ##

The fact that he is a lawyer does not
preclude him from engaging in
business.
Impropriety arises when the nature and
manner of business is inconsistent with
the duties of the lawyer such as when it
is used as a cloak for indirect
solicitation on his behalf.
It is necessary that the lawyer keeps
any business in which he is engaged,
entirely separate and apart from his
practice.
He shall make it clear to his client in
what capacity he is acting.
Businesses closely associated with the
practice of law:
! Collection agency.
! Real estate brokerage.
! Insurance agency.
! Mortgage service.
! Tax service and consultancy.

A lawyer shall make clear whether he
is acting in another capacity
Rule 15.08. A lawyer who is engaged
in another profession or occupation
concurrently with the practice of law
shall make clear to his client whether
he is acting as a lawyer or in another
capacity.
The reason is that certain ethical
considerations governing the attorney-
client relationship may be operative in
one and not in the other.

Lawyer shall not use false statement
regarding his qualification or service
CANON 3: A lawyer in making known
his legal services shall use only true,
honest, fair, dignified and objective
information or statement of facts.
Rule 3.01. A lawyer shall not use or
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
regarding his qualifications or legal
services.
Rule 3.04. A lawyer shall not pay or
give anything of value to
representatives of the mass media in
anticipation of, or in return for, publicity
to attract legal business.
Similarly, he should not resort to
indirect advertisements, such as
furnishing or inspiring newspaper
comments, or procuring his photograph
to be published.

CANON 3: A lawyer in making known his legal
services shall use only true, honest, fair,
dignified and objective information or
statement of facts.

Rule 3.01. A lawyer shall not use or
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
regarding his qualifications or legal
services.

Rule 3.02. In the choice of a firm
name, no false, misleading or assumed
name shall be used. The continued use
of the name of a deceased partner is
permissible provided that the firm
indicates in all its communications that
said partner is deceased.

Rule 3.03. Where a partner accepts
public office, he shall withdraw from the
firm and his name shall be dropped
from the firm name unless the law
allows him to practice law concurrently.


LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #$

It is highly unethical for an attorney to
advertise his talents or skill as a
merchant advertises his wares. The law
is a profession and not a business. The
lawyer may not sell or obtain
employment himself or through others
for to do so would be unprofessional. It
is destructive of the honor of a great
profession. It lowers the standards of
that profession. It works against the
confidence of the community and it
results in needless litigation. (In Re:
Tagorda, 53 Phil 37 (1929))7
Tagorda was suspended for soliciting
business. Before Tagordas election to
the provincial board of Isabela, he used
a card offering services as an attorney
and a notary public free. The card also
stated that he was a candidate for the
provincial board. After his election, he
wrote a letter to the barrio lieutenant
informing him that he would continue
his practice as lawyer and asking that
the lieutenant transmit this information
to the barrio.
Examples of improper advertising:
! Distribution of a diary which has
an attorneys card printed in the
cover.
! Procuring a lawyers name to be
written in an automobile
insurance policy with direction to
the insured to contact the
attorney in case of accident.

A lawyer shall not use false or
misleading firm name
Law partnership among lawyers for the
general practice of law is common.
Such partnership is a mere association
of lawyers for such purpose and is a
non-legal entity.
It is not a business partnership under
the Civil Code.
No person should be admitted or held
out as a member who is not a lawyer.
Rule 3.02. In the choice of a firm
name, no false, misleading or assumed
name shall be used. The continued use
of the name of a deceased partner is
permissible provided that the firm
indicates in all its communications that
said partner is deceased.
The reason for allowing the continued
use of the name of a deceased partner
is that all the partners, by their joint
efforts over a period of time,
contributed to the goodwill attached to
the firm name, and this goodwill is
disturbed by a change in firm name
every time a partner dies.
Filipino lawyers cannot practice law
under the name of a foreign law firm,
as the latter cannot practice law in the
Philippines.
The use of the foreign law firm in the
country is unethical:
! The respondents use of the firm
name constitutes a
representation that being
associated with Baker and
McKenzie they could "render legal
services to the highest quality to
multinational business enterprises
and others engaged in foreign
trade and investment. This is
unethical because Baker &
McKenzie is not authorized to
practice law here. (Dacanay v.
Baker and McKenzie, 136
SCRA 349 (1985))

A partner who accepts public office
should withdraw from the firm;
exception
Rule 3.03. Where a partner accepts
public office, he shall withdraw from the
firm and his name shall be dropped
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #%

from the firm name unless the law
allows him to practice law concurrently.
The purpose of the rule is to prevent
the law firm from using his name to
attract legal business and to avoid
suspicion of undue influence.

A lawyer shall not seek media
publicity
Media publicity, as a normal by-product
of efficient legal service, is not
improper.
What is improper is for a lawyer to
resort to propaganda to secure media
publicity for the purpose of attracting
legal business.
The purpose of the rule is to prevent
some lawyers from gaining unfair
advantage over others through the use
of gimmickry.
! Procuring his photograph to be
published in connection with
cases he is handling.
! Making a courtroom scene to
attract the attention of
newspapermen.
! Arranging for the purpose an
interview with him by media
people.

E. THE INTEGRATED BAR OF THE
PHILIPPINES

Integration of the bar
The official unification of the entire
lawyer population.
Requires membership and financial
support of every attorney as a condition
sine qua non to the practice of law.
Bar integration signifies the setting up
by the government authority of a
national organization of the legal
profession based on the recognition of
the lawyer as an officer of the court.
Integration fosters cohesion among
lawyers and ensures the promotion of
the objectives of the legal profession
pursuant to the principle of maximum
bar autonomy with minimum
supervision by the Supreme Court.

Power to integrate the bar
The Constitution vests upon the
Supreme Court the power to integrate
the Philippine bar.
Such power is an inherent part of the
Courts constitutional authority over the
bar.
"Supreme Court may adopt rules of
court to effect the integration of the
Philippine Bar. (RA 6397 AN ACT
PROVIDING FOR THE INTEGRATION OF
THE PHILIPPINE BAR)
However, RA 6397 neither confers a
new power nor restricts the Courts
inherent power but is a mere legislative
declaration that the integration will
promote public interest or will raise the
standard of the legal profession.
January 16, 1973, Supreme Court
ordained the integration of the
Philippine Bar.
Presidential Decree 181
(CONSTITUTING THE INTEGRATED BAR
OF THE PHILIPPINES INTO A BODY
CORPORATE AND PROVIDING
GOVERNMENT ASSISTANCE THERETO
FOR THE ACCOMPLISHMENT OF ITS
PURPOSES) constituted the Integrated
Bar into a corporate body.

Constitutionality of integration
Constitutionality hinges on the effects
of bar integration on the lawyers
constitutional rights of freedom of
association and freedom of speech and
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #&

on the nature of the dues exacted from
him.
In upholding the constitutionality of
integration, the Supreme Court quoted
approvingly the report of the
Commission on Bar Integration on the
matter as follows:
! Freedom of Association - "To
compel a lawyer to be a member
of an integrated bar is not
violative of his constitutional
freedom to associate (or the
corollary right not to associate).
"Integration does not make
a lawyer a member of any
group of which he is not
already a member. He
became a member of the
bar when he passed the bar
exams. All that integration
does is to provide an
official national
organization for the well-
defined but unorganized
and incohesive group of
which every lawyer is
already a member.
"Bar integration does not
compel the lawyer to
associate with anyone. He
is free to attend or not
attend the meetings.
"The compulsion to which
he is subjected is the
payment of annual dues.
The issue, therefore, is a
question of compelled
financial support of group
activities, not involuntary
membership in any other
aspect.
Assuming that bar
integration does compel a
lawyer to be a member,
such compulsion is justified
as an exercise of the police
power of the State.
The inherent power of the
Supreme Court to regulate
the bar includes the
authority to integrate the
bar.
! Regulatory fee - For the Court to
prescribe dues does not mean
that the Court levies a tax.
A membership fee is an
exaction for regulation,
while the purpose of a tax
is revenue.
An integrated bar program
would not be possible to
push through without
means to defray the
concomitant expenses.
The public interest
promoted by integration far
outweighs the
inconsequential
inconvenience to a member
that might result from his
required payment of annual
dues.
! Freedom of Speech - "A lawyer is
free, as he has always been, to
voice his views on any subject in
any manner he wishes, even
though such views be opposed to
positions taken by the unified
bar.
"For the Integrated Bar to
use a members dues to
promote measures to which
said member is opposed,
would not nullify or
adversely affect his
freedom of speech.
"Since a State may
constitutionally condition
the right to practice law
upon membership, it is
difficult to understand why
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #'

it should become
unconstitutional for the bar
to use the members dues
to fulfill the very purposes
for which it was
established.
! Fair to all lawyers - "Bar
integration is not unfair to
lawyers already practicing
because although the
requirement to pay dues is a new
regulation. It will give the
member a new system which
they hitherto have not had, and
through which, by proper work,
they will receive benefits they
have not hereto enjoyed.
Because it will apply equally to all
lawyers. Because it is a new
regulation in exchange for new
benefits, it is not retroactive,
unequal, or unfair.

Purposes and objectives of the
Integrated Bar
By-laws Integrated Bar Philippines
Sec. 2. Objectives and purposes. - The
following are the general objectives of
the Integrated bar:
! to elevate the standards of the
legal profession,
! to improve the administration of
justice; and
! to enable the Bar to discharge its
public responsibilities more
effectively.
! The purposes of the Integrated
Bar include, without being limited
to, those specified in the per
curiam Resolution of the Supreme
Court dated January 9, 1973
ordaining the integration of the
Philippine Bar, to wit:
1. Assist in the administration
of justice;
2. Foster and maintain, on the
part of its members, high
ideals of integrity, learning,
professional competence,
public service and conduct;
3. Safeguard the professional
interests of its members;
4. Cultivate among its
members a spirit of
cordiality and brotherhood;
5. Provide a forum for the
discussion of law,
jurisprudence, law reform,
pleading, practice and
procedure, and the
relations of the Bar to the
Bench and to the public,
and publish information
relating thereto;
6. Encourage and foster legal
education; and
7. Promote a continuing
program of legal research
in substantive and
adjective law, and make
reports and
recommendations thereon.

The purposes of an integrated Bar, in
general, are:
1. Assist in the administration of
justice;
2. Foster and maintain on the part
of its members high ideals of
integrity, learning, professional
competence, public service and
conduct;
3. Safeguard the professional
interests of its members;
4. Cultivate among its members a
spirit of cordiality and
brotherhood;
5. Provide a forum for the discussion
of law, jurisprudence, law reform,
pleading, practice and procedure,
and the relations of the Bar to the
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' #(

Bench and to the public, and
publish information relating
thereto;
6. Encourage and foster legal
education;
7. Promote a continuing program of
legal research in substantive and
adjective law, and make reports
and recommendations thereon;
and
8. Enable the Bar to discharge its
public responsibility effectively.

Integration of the Bar will, among other
things, make it possible for the legal
profession to:
1. Render more effective assistance in
maintaining the Rule of Law;
2. Protect lawyers and litigants against
the abuse of tyrannical judges and
prosecuting officers;
3. Discharge, fully and properly, its
responsibility in the disciplining
and/or removal of incompetent and
unworthy judges and prosecuting
officers;
4. Shield the judiciary, which
traditionally cannot defend itself
except within its own forum, from
the assaults that politics and self-
interest may level at it, and assist it
to maintain its integrity, impartiality
and independence;
5. Have an effective voice in the
selection of judges and prosecuting
officers;
6. Prevent the unauthorized practice of
law, and break up any monopoly of
local practice maintained through
influence or position;
7. Establish welfare funds for families
of disabled and deceased lawyers;
8. Provide placement services, and
establish legal aid offices and set up
lawyer reference services throughout
the country so that the poor may not
lack competent legal service;
9. Distribute educational and
informational materials that are
difficult to obtain in many of our
provinces;
10. Devise and maintain a
program of continuing legal
education for practising attorneys in
order to elevate the standards of the
profession throughout the country;
11. Enforce rigid ethical
standards, and promulgate minimum
fees schedules;
12. Create law centers and
establish law libraries for legal
research;
13. Conduct campaigns to
educate the people on their legal
rights and obligations, on the
importance of preventive legal
advice, and on the functions and
duties of the Filipino lawyer; and
14. Generate and maintain
pervasive and meaningful country-
wide involvement of the lawyer
population in the solution of the
multifarious problems that afflict the
nation. (In re Integration of the
Bar of the Philippines)

Non-political bar
Sec. 4. Non-political bar. - The
Integrated Bar is strictly non-political,
and every activity tending to impair this
basic feature is strictly prohibited and
shall be penalized accordingly. No
lawyer holding an elective, judicial,
quasi-judicial, or prosecutory office in
the Government or any political
subdivision or instrumentality thereof
shall be eligible for election or
appointment to any position in the
Integrated Bar or any Chapter thereof.
A Delegate, Governor, officer or
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $*

employee of the Integrated Bar, or an
officer or employee of any Chapter
therof shall be considered ipso facto
resigned from his position as of the
moment he files his certificate of
candidacy for any elective public office
or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in
the Government or any political
subdivision or instrumentality thereof.

The election of IBP officers is required
to be conducted on a non-political
basis. Partisan politics may thus
invalidate the elections.
Partisan political activities of candidates
for IBP positions, such as setting up
campaign headquarters, island-hopping
to solicit votes of chapter presidents,
made a political circus of the
proceedings and tainted the whole
election process. The candidates
violated the IBP by-laws and of the
ethics of the legal profession.

Membership, resignation, retirement,
and reinstatement
! Sec. 18. Membership. - The
following persons are,
automatically and without
exception members of the
Integrated Bar of the Philippines:
a. All lawyers whose names
were in the Roll of
Attorneys of the Supreme
Court as of January 16,
1973; and
b. All lawyers whose names
were included or are
entered therein after the
said date.
! Sec. 19. Registration. - Unless
he has already previously
registered, every member
heretofore admitted to the
practice of law shall, not later
than December 31, 1974, register
in the Integrated Bar as
hereunder required, at the
national office or at the office of
his Chapter.

Every person admitted to the
practice of law after these by-
laws become effective shall
register in like manner not later
than sixty days after such
admission.

Registration shall be
accomplished by signing and
filing in duplicate the prescribed
registration form containing such
information as may be required
by the Board of Governors,
including the following:
a. Full name, sex and civil
status;
b. Month, date, year and
place of birth;
c. Office address(es);
d. Residence address(es);
e. Occupation(s) or
employment;
f. Name of law school and
year of graduation;
g. Year of admission to the
Bar; and
h. Field(s) of specialization in
law, if any.

It shall be the duty of the Secretary
of every Chapter to promptly
forward a copy of each accomplished
registration form to the national
office.

! Sec. 20. Members in good
standing. - Every member who
has paid all membership dues
and all authorized special
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $+

assessments, plus surcharges
owing thereon, and who is not
under suspension from the
practice of law or from
membership privileges, is a
member in good standing.

! Sec. 21. Voluntary termination of
membership; reinstatement. - A
member may terminate his
membership by filing a verified
notice to that effect with the
Secretary of the Integrated Bar,
who shall immediately bring the
matter to the attention of the
Supreme Court. Forthwith, he
shall cease to be a member and
his name shall be stricken from
the Roll of Attorneys.

Reinstatement may be made in
accordance with rules and
regulations prescribed by the
Board of Governors and approved
by the Court.

! Sec. 22. Retirement;
reinstatement. - Any member in
good standing who shall have
attained the age of seventy-five
years, or who shall have been
forty years as lawyer shall, by
reason of physical disability or
judicially adjudged mental
incapacity, be unable to engage
in the practice of Law, may be
retired from the Integrated Bar
upon verified petition to the
Board of Governors. Retired
members shall not practice law or
be required to pay dues.

A retired member may be
reinstated to active membership
upon written application to and
approval by the Board.

Membership dues and effect of
nonpayment thereof
Sec. 23. Membership dues. - On or
before the 31st day of December, every
member of the Integrated Bar shall pay
annual dues for the ensuing fiscal year
in the amount of FIVE HUNDRED PESOS
at the National Office or at the office of
his Chapter, to take effect on January
1, 1995.

Subject to approval by the Supreme
Court, the Board of Governors may
increase the annual membership dues,
or modify the apportionment thereof.

All lawyers shall indicate in all
pleadings, motions and papers
signed and filed by them in any
court in the Philippines - and in the
case of government lawyers, in all
official documents issued by them -
the number and date of their official
receipt indicating payment of their
annual membership dues to the
Integrated Bar of the Philippines for
the current year, or in the case of
life members, their life membership
roll number. (As amended pursuant
to Bar Matter No. 668).

Sec. 24. Effect of non-payment of
dues. - Except for the fiscal year
1974- 1975, any member who has
not paid his membership dues for
any given fiscal year on or before
the last day (June 30) of the
immediately preceding fiscal year
shall be considered as dues-
delinquent members. For the fiscal
year 1974-1975 any member who
has not paid the annual dues on or
before November 30, 1974 shall be
considered a dues-delinquent. If the
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $"

delinquency continues until the
following December 31, the Board of
Governors shall by Resolution
forthwith suspend all his
membership privileges other than
the practice of law.

Sec. 25. Remission or lifting of
sanctions. - The Board of Governors
may, for justifiable reasons, remit or
lift sanctions already imposed and
authorize the retroactive
reinstatement of the member
concerned. However, sanctions
imposed or approved by the
Supreme Court may be remitted or
lifted only by the Court.

Organizational Setup
Sec. 47. National Officers. - The
Integrated Bar of the Philippines shall
have a President and Executive Vice
President to be chosen by the Board of
Governors from among nine (9)
regional governors, as much as
practicable, on a rotation basis. The
governors shall be ex officio Vice
President for their respective regions.
There shall also be a Secretary and
Treasurer of the Board of Governors to
be appointed by the President with the
consent of the Board. (As amended
pursuant to Bar Matter 491).
The deliberative body is the House of
Delegates.
Sec. 30. Composition of the House.
- The Integrated Bar shall have a House
of Delegates composed of not more
than one hundred and twenty members
apportioned among all the Chapters.
On or before December 31, 1974, and
every two years thereafter, the Board
of Governors shall make a
reappointment of Delegates among all
the Chapters as nearly as may be
according to the number of their
respective members, but each Chapter
shall have at least one Delegate.
At the local level are the Chapter
officials.
Sec. 26. Chapters. - A Chapter of the
Integrated Bar shall be organized in
every province existing on the date of
the effectivity of the Integration Rule.
Except as hereinbelow provided, every
city shall be considered part of the
province within which it was
geographically situated prior to its
creation as a city.

National officers
Sec. 50. Duties of officers. - (a)
President: The President shall be
the chief executive of the Integrated
Bar, and shall preside at all meetings
of the Board of Governors.
(b) Executive Vice President: The
Executive Vice President shall
exercise the powers and perform the
functions and duties of the President
during the absence or inability of the
latter to act, and shall perform such
other functions and duties as are
assigned to him by the President and
the Board of Governors.
(c) Governors: In addition to his
duties as a member of the Board of
Governors, each elective Governor
shall act as representative of his
Region in the Board. He shall
promote, coordinate and correlate
activities of the Chapters within his
Region.
(d) Secretary: The Secretary shall
attend all meetings of the Board of
Governors, and keep a record of all
the proceedings thereof; prepare
and maintain a register of all
members of the Integrated Bar;
notify national officers as well as
members of national committees of
their election or appointments;
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $)

cause to be prepared the necessary
official ballots for the election of
Governors; and perform such other
duties as are assigned to him by
these By-Laws, by the President and
by the Board of Governors.
(e) Treasurer: The Treasurer shall
collect, receive, recorder and
disburse ad funds of the Integrated
Bar;
Sec. 49. Terms of office. - The
President and the Executive Vice
President shall hold office for a term
of two years from July 1 following
their election until June 30 of their
second year in office and until their
successors shall have been duly
chosen and qualified.

Board of Governors
Sec. 39. Nomination and election of the
Governors. - At least one (1) month
before the national convention the
delegates from each region shall elect
the governor for their region, the choice
of which shall as much as possible be
rotated among the chapters in the
region.
The Integrated bar is governed by a
Board of Governors consisting 9
Governors from the 9 regions.
The President and the Executive Vice
President, if chosen by the Governors
from outside themselves, shall ipso
facto become members of the board.
Sec. 38. Term of office. - The
Governors shall hold office for a term of
two years from July 1 immediately
following their election to June 30 of
their second year in office and until
their successors shall have been duly
chosen and qualified.
Sec. 41. Functions of the Board. -
The Board of Governors shall have
general charge of the affairs and
activities of the Integrated Bar. It shall
have authority, inter alia, to:
a. Fix the date, time and place of every
convention of the House of Delegates;
b. Make appropriations and authorize
disbursements from the funds of the
Integrated Bar;
c. Engage the services of employees,
define their duties and fix their
compensation;
d. Receive, consider and act on reports
and recommendations submitted by the
House of Delegates or its committees;
e. Provide for the publication of the
Journal of the Integrated Bar;
f. Administer the Welfare Fund;
g. Fill vacancies, however arising in the
positions of officers of the Integrated
Bar;
h. Subject to the approval of the Supreme
Court, promulgate Canons of
Professional Responsibility for all
members of the Integrated Bar;
i. Promulgate rules and regulations for
the establishment and maintenance of
lawyer referral services throughout the
Philippines;
j. Subject to the approval of the Supreme
Court, impose special assessments for
specific national purposes, and impose,
or recommend sanctions for non-
payment or delinquency in the payment
thereof;
k. Prescribe such rules and regulations as
may be necessary and proper to carry
out the objectives and purposes of the
Integrated Bar; and
l. Perform such other functions as may be
necessary or expedient in the interest
of the Integrated Bar.

In the discharge of its duties, the Board
of Governors is assisted by national
committees.
! Committee on Chapter Affairs.
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $#

! Committee on Legal Aid.
! Committee on Administration of
Justice.
! Committee on Legal Education
and Bar Admissions.
! Committee on Professional
Responsibility, Discipline and
Disbarment.
! Committee on Research Services.
! Committee on Legislation.
! Committee on Public Services.
! Committee on Inter-Professional
and Business Relations.
! Committee on Books and
Publications.
! Committee on Unauthorized
Practice of Law.
! Committee on Law Reporting.
! Budget committee.

House of Delegates
The deliberative body of the IBP is the
House of delegates.
Sec. 30. Composition of the House.
- The Integrated Bar shall have a House
of Delegates composed of not more
than one hundred and twenty members
apportioned among all the Chapters.
On or before December 31, 1974, and
every two years thereafter, the Board
of Governors shall make a
reappointment of Delegates among all
the Chapters as nearly as may be
according to the number of their
respective members, but each Chapter
shall have at least one Delegate.
Sec. 31. Membership. - The
membership of the House of Delegates
shall consist of all the Chapter
Presidents and in the case of Chapters
entitled to more than one Delegate
each, the Vice Presidents of the
Chapters and such additional Delegates
as the Chapters are entitled to. Unless
the Vice President is already a
Delegate, he shall be an alternate
Delegate. Additional Delegates and
alternates shall in proper cases be
elected by the Board of Officers of the
Chapter. Members of the Board of
Governors who are not Delegates shall
be members ex oficio of the House,
without the right to vote.
Sec. 34. Special convention. -
Special conventions of the House may
be called by the Board of Governors
motu proprio, or upon written petition
therefor filed with the Secretary of the
Integrated Bar signed by not less than
thirty Delegates.
Sec. 33. (b) The President and
Executive Vice President of the IBP shall
be the Chairman and Vice-Chairman,
respectively, of the House of Delegates.
The Secretary, Treasurer, and
Sergeant-at-Arms shall be appointed by
the President with the consent of the
House of Delegates.

Chapter Government
The fundamental objective of the
Chapter is to administer the affairs of
the IBP within its territorial jurisdiction
under the general direction and
supervision of the Board of Governors.
Sec. 2. Objectives and purposes. -
The following are the general objectives
of the Integrated bar:
! to elevate the standards of the
legal profession,
! to improve the administration of
justice; and
! to enable the Bar to discharge its
public responsibilities more
effectively.
Each chapter has its own government.
The chapter government is vested in a
Board of Officers composed of a
President, a Vice-President, a
Secretary, a Treasurer, and five
Directors who shall be elected at the
LEGAL ETHICS
!"#$% '( )*$ +'',
+- .))-/ 01+$( 2/ .34"5'
!"#$%&'' $$

biennial meeting and shall hold office
for a term of 2 years.

PALE Agpalo Reviewer III-!V

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

PALE Agpalo Reviewer III-!V

Încărcat de

Drepturi de autor:

Formate disponibile

LEGAL ETHICS

!"#$% '( )*$ +'',

S-ar putea să vă placă și