CANON 1: UPHOLD THE CONSTITUTION AND OBEY THE LAWS OF

THE LAND
DISCOURAGING LAW SUITS
Under Rule 1.03, a lawyer shall not for any corrupt motive or interest,
encourage any suit or proceeding or delay any mans cause.
CRIME OF MAINTENANCE A lawyer owes to society and to the court
the duty not to stir up litigation. The following are unprofessional acts
within the prohibition:
1. Volunteering advice to bring lawsuit except where ties of blood,
relationship, and trust make it a duty to do so.
2. Hunting up defects in titles or other causes of action and informing
thereof to be employed to bring suit or collect judgment, or to breed
litigation by seeking out claims for personal injuries or any other
grounds to secure them as clients.
3. Employing agents or runners for like purposes.
4. Paying direct or indirect reward to those who bring or influence the
bringing of such cases to his office.
5. Searching for unknown heirs and soliciting their employment.
6. Initiating a meeting of a club and inducing them to organize and
contest legislation under his guidance.
7. Purchasing notes to collect them by litigation at a profit.
A lawyer shall refrain from committing barratry and ambulance chasing
of cases.
Barratry offense of frequently inciting and stirring up quarrels and suits.
The lawyers act of fomenting suits among individuals and offering his legal
services to one of them
Ambulance Chasing a lawyers act of chasing the victims of an accident
for the purpose of talking to the same victim or the latters relatives and
offering his legal services for the filing of the case against the person who
caused the accident.
Ambulance Chaser is a lawyer who haunts hospitals and visits the
homes of the afflicted, officiously intruding their presence and persistently
offering his service on the basis of a contingent.
Ambulance chasing has spawned recognized evils such as: (FSMD)

1. Fomenting of litigation with resulting burdens on the courts and the

public.
2. Subornation of perjury.
3. Mulcting of innocent persons by judgments, upon manufactured
causes of action.
4. Defrauding of injured persons having proper causes of action but
ignorant of legal rights and court procedures by means of contracts
which retain exorbitant percentages of recovery and illegal charges
for court costs and expenses and by settlement made for quick
returns of fees and against the just rights of the injured persons.
CANON 2: MAKING AVAILABLE EFFICIENT LEGAL SERVICE
A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed. (Rule 2.01)
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 2.02)
CANON 3: USE OF TRUE, HONEST, FAIR AND OBJECTIVE
INFORMATION IN MAKING KNOWN LEGAL SERVICES
ADVERTISING AND SOLICITATION
General Rule: A lawyer cannot advertise his talent, as he is a member
of an honorable profession whose primary purpose is to render public
service and help secure justice and in which the remuneration is a mere
incident.
It is highly unethical for an attorney to advertise his talents or skill as
a merchant advertises his wares. [In re: Tagorda 53 Phil 42]
Exceptions:
1.
Writing legal articles
2.
Engaging in business or other occupations except when such
could be deemed improper, be seen as indirect solicitation or would
be the equivalent of law practice.
3.
Law lists, but only brief biographical and informative data
4.
Ordinary, professional cards
5.
Notice to other local lawyers and publishing in a legal journal of
ones availability to act as an associate for them

6.

The proffer of free legal services to the indigent, even when

broadcasted over the radio or tendered through circulation of printed
matter to the general public.
7.
Seeking a public office, which can only be held by a lawyer or, in a
dignified manner, a position as a full time corporate counsel.
8.
Simple announcement of the opening of a law firm or of changes
in the partnership, associates, firm name or office address, being for
the convenience of the profession.
9.
Listing in a phone directory, but not under a designation of a
special branch of law.
10. Activity of an association for the purpose of legal representation.
Solicitation of Cases Constitutes Malpractice
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 of Court]. The rule prohibits
professional touting. Neither shall a lawyer charge rates lower than those
customarily prescribed unless the circumstances so warrant.
USE OF LAW FIRM NAME
1. 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 3.02, Code of Professional Responsibility].
Hence, the rule abandoned the doctrine laid down in the case of In re:
Sycip, 92 SCRA 1 (1979).
Reason: All of the partners by their joined efforts over a period of years
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.
2. 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 concurrently. [Rule 3.02, Code of Professional
Responsibility].
3. Filipino lawyers cannot practice law under the name of a foreign law firm,
as the latter cannot practice law in the Philippines and the use of the
foreign law firm in the country is unethical. (Dacanay vs. Baker &
McKenzie, G.R. Adm. Case No. 2131)

CANON 4: PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL

SYSTEM
Examples:
1. Presenting position papers or resolutions for the introduction of
pertinent bills in Congress;
2. Petitions with the SC for the amendment of the Rules of Court.
CANON 5: KEEP ABREAST OF LEGAL DEVELOPMENTS AND
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM
THREE-FOLD OBLIGATIONS OF A LAWYER:
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 education.
3. He owes it to the lay public to make the law a part of their social
consciousness.
Bar Matter 850: MANDATORY CONTINUING LEGAL EDUCATION
(MCLE)
(Adopting the Rules on the Continuing Legal Education for Members of the
Integrated Bar of the Philippines)
August 8, 2000
Purpose: To ensure that throughout their career, they keep abreast with
law and jurisprudence, maintain the ethics of the profession and enhance
the standards of the practice of law.
Requirements of Completion of MCLE
Members of the IBP, unless exempted under Rule 7, shall complete
every three (3) years at least 36 hours of continuing legal education
activities. The 36 hours shall be divided as follows:
a.
6 hours legal Ethics
b.
4 hours trial and pretrial skills
c.
5 hours alternative dispute resolution
d.
9 hours updates on substantive and procedural laws and
jurisprudence
e.
4 hours writing and oral advocacy
f.
2 hours international law and international conventions

g.

6 hours such other subjects as may be prescribed by the

Committee on MCLE

Parties Exempted from the MCLE

1. The President, Vice-President, and the Secretaries and
Undersecretaries of executive departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the SC, incumbent and
retired justices of the judiciary, incumbent members of the Judicial
and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy Program of continuing legal education;
4. The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
5. The Solicitor-General and the Assistant Solicitor-General;
6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman and Members of the Constitutional Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsman and the Special Prosecutor of the Office of the
Ombudsman;
9. Heads of government agencies exercising quasi-judicial functions;
10.
Incumbent deans, bar reviewers and professors of law who
have teaching experience for at least 10 years in accredited law
schools;
11.
The Chancellor, Vice-Chancellor and members of the Corps of
Professional Lecturers of the Philippine Judicial Academy; and
12.
Governors and Mayors
Other Exempted Parties
1. Those who are not in law practice, private or public
2. Those who have retired from law practice with the approval of the IBP
Board of Governors
Good Cause for Exemption from or modification of requirement
A member may file a verified request setting forth good cause for
exemption (such as physical disability, illness, post-graduate study abroad,
proven expertise in law) from compliance with or modification of any of the
requirements, including an
extension of time for compliance, in accordance with procedure to be
established by the committee on MCLE.

Proof of exemption: Applications for exemption from or modification of the

MCLE requirement shall be under oath and supported by documents.
Consequences of Non-Compliance
1. A member who fails to comply with the requirements after the 60-day
period shall be listed as delinquent member by the IBP Board of
Governors upon recommendation of the Committee on MCLE.
2. The listing as a delinquent member is administrative in nature but
shall be made with notice and hearing by the Committee on MCLE.
CANON 6: APPLICABILITY OF THE CPR TO LAWYERS IN THE
GOVERNMENT SERVICE
Restriction Against Using Public Office to Promote Private Interest
Public officials and employees during their incumbency shall NOT:
1. Own, control, manage or accept employment as officer, employee,
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.
3. Recommend any person to any position in a private enterprise which
has a regular or pending official transaction with their office
4. Use or divulge confidential or classified information officially known to
them by reason of their office and not available to the public.
Restrictions Against Former Official from Accepting Certain
Employment
A lawyer shall NOT, after leaving the government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service. [Rule 6.03, Code of Professional
Responsibility]
Section 7 (b), RA 6713 prohibits any former public official or employee
for a period of one year after retirement or separation from office to practice
his profession in connection with any other matter before the office he used
to be with.