Legal Ethics Preliminaries

Ethics branch of philosophy dealing with right and wrong and the morality of
motives and ends.
Professional Ethics normally characterized by specialized skills. Moral issues
can arise in the professionals practice of profession, especially in how this
specialized knowledge is used when providing service to the public. Specialized
knowledge can make the professionals powerful vis--vis their clients and the public
in general and that power can be misused.
Ideally, members of professions should internalize the fundamental ends that define
their particular profession. This internalization will result in automatic recognition of
their responsibilities as officers of the court and their responsibilities to ensure the
proper administration of justice through utmost fidelity towards the court as well as
to their clients.
The sole objective and guiding light of ethical conduct and the rule or rules
prescribing ethical conduct must and can only be the public interest.
Legal Ethics It is the branch of moral science which treats of the duties which an
attorney owes to the court, to his client, to his colleagues in the profession, and to
the public as embodied in the Constitution, Rules of Court, the Code of Professional
Responsibility, Canons of Professional Ethics, jurisprudence, moral law, and special
laws.
Justice Moran: Embodiment of all principles of morality and refinement that should
govern the conduct of every member of the bar.
Legal ethics derives its philosophy from the status of law practice as a profession
and not a trade or business.
Profession distinguished from trade or business.
Roscoe Pound defines a profession as a group of people pursuing learned art as a
common calling in the spirit of public service. The purpose of profession is not
economic, not profit, but public service.
Three elements of a profession:
1. Organization (group)
2. Learning directed at addressing certain problems
3. The spirit of public service
at the very core of every profession. There can be no sound administration of
justice without it. Public servants. Stewards of the citizens legal rights and
obligations; accountable to them.

Practice of Law rendition of services requiring the knowledge and application of

legal principles and techniques to serve the interest of another with his consent. It is
not limited to appearing in court, or advising and assisting in the conduct of
litigation, but embraces the preparation of pleadings, and other papers incident to
actions and special proceedings, conveyancing, the preparation of legal instruments
of all kinds, and the giving of all legal advice to clients.
Ulep vs. The Legal Clinic (BM 553, June 17, 1993): Practice of law means any
activity, in or out of court, which requires the application of law, legal procedures,
knowledge, training and experience. To engage in the practice of law is to perform
those acts which are characteristic of the profession. Generally, to practice law is to
give advice or render any kind of service that involves legal knowledge or skill.
A licensed attorney-at-law generally engages in three principal types of professional
activity:
1. Legal advice and instructions to clients to inform them of their rights and
obligations.
2. Preparation for clients of documents requiring knowledge of legal principles not
possessed by ordinary layman.
3. Appearance for clients before public tribunals which possess power and authority
to determine rights of life, liberty, and property according to law, in order to assist
in proper interpretation and enforcement of law.
Ruling: The legal clinic was giving legal information to laymen and lawyers when it
gives information about foreign laws on marriage, divorce, and adoption. The
activities of the Legal Clinic falls squarely within the jurisprudential definition of
practice of law.
Criteria for practice of law:
1. Habituality
2. Compensation
3. Application of law, legal principles, practice or procedure which calls for legal
knowledge, training, and experience.
4. Attorney-Client Relationship.
Regulation of the Practice of law
All occupations classified as professions in the Philippines are regulated by the
PRC with the exception of the legal profession because Article VIII, Sec. 5,
Subsection 5 gives the SC the sole power to promulgate rules concerning admission
to the practice of law and the integrated bar.
Case: the power of the SC to regulate the legal profession, specifically to integrate
the Philippine bar, is inherent in its power to promulgate rules concerning pleading,
practice, and procedure in all courts, and the admission to the practice of law.

In Re Cunanan: Court partially struck down RA 972 as it encroached on its power to

admit (or not) candidates to the bar. The court described as judgment rather than
legislation the portion of the law that decrees admission to the bar of candidates
who obtained a GWA of 7 in the bar exams of 1946-52, without failing belw 50% in
any subject.
Admission to the practice of law
The following may be admitted to the practice of law
1. At least 21 years of age
2. Good moral character
3. Resident of the Philippines
He must produce satisfactory evidence of good moral character, certifying that no
charges involving moral turpitude have been filed or are pending against him in any
court in the Philippines.
Three requirements in order that a person may use the appellation attorney:
1. That one has successfully passed the bar exams.
2. That one has taken his or her lawyers oath.
3. That one has signed the roll of attorneys.
Citizenship Requirement
Bar Matter No. 914 (October 1, 1999): Vicente Chings application to the bar was
denied on the ground that he was not a Filipino citizen. 1935 constitution of an alien
father and a Filipino mother. He failed to elect Filipino citizenship upon reaching the
age of majority. 14 years have lapsed. The fact that he had exercised his right of
suffrage and had lived in the Philippines all his life did not effectively make him a
Filipino citizen.
Good Moral Character
Bar Matter 712 (July 13, 1995): The practice of law is not a natural, absolute right
but a high personal privilege limited to citizens of good moral character. The
requirement to be satisfied by those who seek admission must of necessity be more
stringent than the norm of conduct expected from members of the general public.
Theres a very real need to prevent a general perception that entry into the legal
profession is open to individuals with inadequate moral qualifications.
Law Student Practice (Rule 138)
Allows law students to appear in court under the condition that they must have
successfully completed the 3rd year of a prescribed regular 4-year law curriculum
and are enrolled in a recognized law schools clinical legal education program

approved by the Supreme Court, without compensation, to represent indigent

clients.
Furthermore, the appearance of the law student shall be under the direct
supervision and control of a member of the IBP duly accredited by the law school
and all pleadings, briefs, etc. submitted in court must be signed by the supervising
attorney.
Bar Matter 730 (1997): direct supervision and control requires no less than the
presence of the supervising lawyer during the hearing.
Rule 134, Sec. 34: allows appearance in inferior courts of a party to conduct his
litigation in person, with the aid of an agent or friend appointed by him for that
purpose, or with the aid of an attorney The inference is that the law student may
appear without his supervising attorney as an agent or friend of the party-litigant.
The four-fold duties of a lawyer
Under the Code of Professional Responsibility:
1.
2.
3.
4.

To
To
To
To

society
the legal profession
the Court
the client

FORM 28 ATTORNEYS OATH

I, __________ do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not wittingly nor willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a lawyer according to the
best of my knowledge and discretion with all good fidelity as well to the courts as to
my clients; and I impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.
Significance of Legal Ethics Legal Ethics will guard against the abuses and ills
of the profession such as dishonesty, deceit, immorality, negligence, slothness, lack
of diligence, and the many forms of malpractice of the members of the bar.
On the positive side, it will raise the standard of the legal profession, encourage and
enhance the respect for the law, assure an effective and efficient administration of
justice, assist in the keeping and maintenance of law and order in coordination with
the other Departments of the government.

It also provides the basis for the weeding out of the unfit and the misfit in the legal
profession for the protection of the public.
Original Bases of Legal Ethics
1. Canons of Professional Ethics
2. Supreme Court Decisions
3. Statutes
4. Constitution
5. Treatises and Publications
Present Basis of Philippine Legal Ethics
The Code of Professional Responsibility.
Definitions
Bar the whole body of attorneys and counselors; collectively, the members of the
legal profession. The collectivity of persons whose names appear in the Roll of
Attorneys. IBP.
Bench the whole body of judges.
Bar Admission Act by which one is licensed to practice before courts of a
particular state or jurisdiction after satisfying certain requirements.
Lawyer general term for a person trained in the law and authorized to advise or
represent others in legal matters. A person licensed to practice law.
Trial Lawyer personally handles cases in court, administrative agencies or boards
which means engaging in actual trial work either for the prosecution or for the
defense of cases of clients.
Practicing Lawyer One engaged in the practice of law.
Practice of law means any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training, and experience. To engage in the
practice of law is to perform those acts which are characteristics of the profession.
Generally, to practice law is to give notice or render any kind of service, which
device or service requires the use in any degree of legal knowledge or skill.
Client One who engages the services of a lawyer for legal advice or for purposes
of prosecuting or defending a suit in his behalf and usually for a fee.

Attorneys-at-Law the class of persons who are by license, officers of the courts,
empowered to appear, prosecute and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as a consequence.
Attorney-in-fact an agent whose authority is strictly limited by the instrument
appointing him, though he may do things not mentioned in his appointment
necessary to the performance of the duties specifically required of him by the power
of attorney appointing him, such authority being necessarily implied. Not
necessarily a lawyer.
Counsel De Oficio Appointed or assigned by the court, from among such
members of the bar in good standing who, by reason of their experience and ability,
may adequately defend the accused. For indigents.
Counsel De Parte An attorney retained by a party litigant, usually for a fee, to
prosecute or defend his cause in court. The term implies freedom of choice on the
part of the attorney to decline or accept the employment or on the part of the
litigant to continue or terminate the retainer at any time.
Attorney Ad Hoc A person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made.
Attorney of Record whose name must appear somewhere in permanent records
or files of case, or on the pleadings or some instrument filed in the case, or on
appearance docket. Person whom the client has named as his agent upon whom
service of papers may be made.
Of counsel associate attorneys.
Lead counsel the counsel on either side of a litigation who is charged with the
principal management and direction of partys case.
House Counsel lawyer who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer. Advises business on
day-to-day matters.
Amicus Curiae friend of the court. A person with strong interest in or views on
the subject matter of an action, but not a party to the action, may petition the court
for permission to file a brief, ostensibly on behalf of a party but actually to suggest a
rationale consistent with its own views. Help in disposition of issues.
Amicus Curiae Par Excellence Bar associations who appear in court as friends
of the court. No control over the suit and no right to institute any proceedings
therein; cant assume functions of a party in an action or proceedings pending
before the court. Consultant to guide the court in a doubtful question or issue
pending before it.

Bar Association An association of members of the legal profession.

Commission on Bar Discipline (CBD) National Grievance Investigators Office
referred to in Section 2, Rule 139-B. The investigating arm of the SC on
administrative matters involving disbarment cases against lawyers. Its
recommendation is subject to review by the IBP Board of Governors. Automatically
elevated to the SC.
Nature of proceedings in the CBD: not a court. The proceedings therein are
nonetheless part of a judicial proceeding, a disciplinary action being in reality an
investigation by the Supreme Court into the misconduct of its officers or an
examination into their character.
Important Constitutional Provisions in Legal Ethics
Article VIII, Section 5, No. 5. The Supreme Court shall have the following
powers:
Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules
shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
Article III, Section 12 (1): Any person under investigation for the commission of
an offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
Article VI, Section 14 (Limitations to Practice): No senator or member of the
House of Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or
any subdivision, agency, or instrumentality thereof, including any governmentowned or controlled corporation or its subsidiary, during his term of office. He shall
not intervene in any matter before any office of the government for his pecuniary
benefit or where he may be called upon to act on account of his office.
RA 6713, Section 7(2) Code of Conduct and Ethical Standards for Public
Officials and Employees.

Prohibited acts and transactions 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.
Disbarment Proceedings
The court does not arbitrarily impose administrative sanctions to erring lawyers. It
goes through a process. After a careful and thorough study, the court may impose
the highest penalty of disbarment which means that the erring lawyer will be
removed from the roll of attorneys and barred to practice the legal profession.
It can be instituted in accordance with Rule 139-B, Sec. 1 of the Rules of Court.
Proceedings for disbarment, suspension or discipline of attorneys may be taken by
the Supreme Court motu propio, or by the IBP upon the verified complaint of any
person. The complaint shall state clearly and concisely the facts complained of and
shall be supported by affidavits or persons having personal knowledge of the facts
therein alleged and/or by such documents as may substantiate said facts.
The IBP shall forward to the Supreme Court for appropriate disposition all
complaints for disbarment, suspension, and discipline filed against incumbent
Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of
lower courts, whether or not they are charged singly or jointly with other
respondents, and whether or not such complaint deals with acts unrelated to the
discharge of their official functions. The same procedure shall be observed with
respect to complaints filed against retired justices and judges. All similar complaints
against lawyers still in the government service, whether filed directly with the IBP or
transmitted to the IBP by the Office of the Solicitor General, shall first be referred to
the court for appropriate action.
Six copies of the verified complaint shall be filed with the Secretary of the IBP or the
secretary of any of its chapters who shall forthwith transmit the same to the IBP
Board of Governors for assignment to an investigator.
Any interested party, private complainant or the court motu propio, may file verified
complaint against a lawyer who may have transgressed the lawyers oath or the
Code of Professional Responsibility.
Disbarment cases may either be filed before the:
1. Supreme Court
2. Office of the Bar Confidant or
3. Integrated Bar of the Philippines.
Rule 139-B under Paragraph A of Section 1 provides for the procedure in the IBP.
While Paragraph B, thereof, provides for the procedure in the Supreme Court.

Disbarment complaint before the Office of the Bar Confidant

1. The complaint should be verified and notarized and must be in 18 legible copies.
2. Documents attached as evidence must be duly authenticated.
3. Names of the complainant/s and respondent/s as well as their addresses should
be completely indicated therein.
4. The facts of the case and the grounds or legal basis should be stated in the body
of the complaint.
Section 18, Rule 139-B - Confidentiality of disbarment cases.
Proceedings against attorneys shall be private and confidential. However, the final
order of the Supreme Court shall be published like its decision in other cases.
Section 17, Rule 138 Grounds for Disbarment.
A member of the bar may be disbarred 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 the practice, or for a willful disobedience of any lawful order of a
superior court, or for corruptly or willfully 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.
Disbarment proceedings
Nature and purpose: It is an administrative proceeding governed by Rule 138. It
does not partake of a criminal proceeding.
Power of court over lawyers the power of the court to exclude unfit and unworthy
members of the profession for cause is inherent.
In re: Puno (Adm Case 387, Feb 28, 1967): The legislature of the Supreme Court of
the Philippines by virtue of its rule-making power under the constitution, may
provide by statutes or rules that certain acts or conduct shall require disbarment.
However, such statutes or rules merely regulate the power of the Courts to disbar.
They do not create or grant the power to disbar nor restrict the general powers of
the court over attorneys as officers of the court over attorneys as officers of the
court who may be suspended or removed from office for other than statutory
grounds.
Right to notice and hearing.

Confidential proceedings against attorneys shall be private and confidential except

that the final order of the court shall be made public as in other cases (Sec. 10, Rule
139).
Moral Standard of the law profession
Law practice is a privilege the practice of law is not an absolute right to be
granted to everyone who demands it. It is a privilege to be extended or withheld in
the exercise of sound discretion.
High moral standard of the law profession a lawyer must maintain the highest
degree of morality expected and required of a member of the Bar.
Burden of proof
Lies with complainant he/she must establish by convincing proof his charge by
demonstrating the dubious character of the act done by as the respondent as well
as the motivation thereof.
Preponderance of evidence quantum of proof.
Presumption where there is equipreponderance of evidence, the doubt must
necessarily redound to respondents benefit.
Duty of lawyer to rebut charges when his moral character is put in issue he should
satisfy the Court that he is a fit and proper person to enjoy continued membership
to the Bar. He cannot dispense with nor downgrade the high and exacting moral
standards of the profession.
When his integrity is challenged by evidence, it is not enough that he denies the
charges against him; he must meet the issue and overcome the evidence for the
relator and show proofs that he maintains the highest degree of morality and
integrity, which at all times is expected of him.
Grossly Immoral Conduct
GMC is a qualification for law practice it is an objective term.
Rule on fornication illicit sexual intercourse on the part of an unmarried person;
the act of such illicit sexual intercourse between a man and a woman does not by
law amount to adultery.
If fornication is committed under scandalous or revolting circumstances as to shock
common sense if decency, it is a ground for suspension or disbarment. As to what is
a grossly immoral act would depend partly on the facts and circumstances.
Crimes involving Moral Turpitude
Conviction of which will subject the respondent to disciplinary action:

1. Abduction with consent

2. Bigamy
3. Concubinage
4. Estafa
5. Falsification of public document
6. Ilegal marriage
7. Murder qualified by treachery and aggravated by its having committed in band,
by the respondent taking advantage of his official position as municipal mayor and
with the use of a motor vehicle.
8. Smuggling
Generally, such crimes as embezzlement, forgery, robbery, and swindling, and all
crimes of which fraud is an element are considered as involving moral turpitude.
Slight physical injury not moral turpitude
The crime of slight physical injuries through reckless imprudence and illegal
possession of deadly weapon of which he had been convicted, did not involve moral
turpitude. Moral turpitude connotes an act of vileness, or depravity in private and
social duties which a man owes to his fellowmen, or to society, done out of a
spiritual cruelty, hostility, or revenge.
Slight physical injuries being a slight offense, cannot be considered a grave violation
of the moral sentiment of the community or done in the spirit of cruelty, hostility, or
revenge. Neither does possession of a deadly weapon involve moral turpitude.