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2016

University of the Philippines College of Law Bar Reviewer
University of the Philippines
College of Law
Bar Reviewer
Dean Dean Danilo L. Concepcion Overall Head Desiree Sokoken Associate Dean Prof. Concepcion L. Jardeleza
Dean
Dean Danilo L. Concepcion
Overall Head
Desiree Sokoken
Associate Dean
Prof. Concepcion L. Jardeleza
Faculty Adviser
Prof. Concepcion L. Jardeleza
College Secretary Prof. Ma. Gisella N. Dizon-Reyes Subject Head Nadaine Tongco Bar Operations Commissioner Lazaro
College Secretary
Prof. Ma. Gisella N. Dizon-Reyes
Subject Head
Nadaine Tongco
Bar Operations Commissioner
Lazaro Kevin G. Pabiona
Academics Committee Heads Evert Callueng Paulo Faustino Carlos Hernandez Audrey Ng Desiree Sokoken
Academics Committee Heads
Evert Callueng
Paulo Faustino
Carlos Hernandez
Audrey Ng
Desiree Sokoken
Paulo Faustino Carlos Hernandez Audrey Ng Desiree Sokoken 4 TH WEEK LEGAL AND JUDICIAL ETHICS UP
Paulo Faustino Carlos Hernandez Audrey Ng Desiree Sokoken 4 TH WEEK LEGAL AND JUDICIAL ETHICS UP
4 TH WEEK LEGAL AND JUDICIAL ETHICS
4 TH WEEK
LEGAL AND
JUDICIAL
ETHICS
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP Law Bar Operations Commission 2016
UP LAW BAR OPS 2016
UP LAW
BAR OPS 2016
UP LAW BAR OPS 2016
UP LAW BAR OPS 2016
UP LAW BAR OPS 2016

Table of Contents

LEGAL ETHICS

1

B.4. Participation in the improvement

 

and reforms in the legal system

18

I. SUPERVISION AND CONTROL OF THE LEGAL PROFESSION

2

B.5. Participation in legal education program

18

 

C. To the Legal Profession

21

A.

Constitutional Basis

2

C.1. Involvement in the IBP

21

B.

Regulatory Powers

2

C.2. Upholding the dignity & integrity of

 

the profession

22

II.

PRACTICE OF LAW

2

C.3. Courtesy, fairness & candor towards

 

professional colleagues

23

A.

Concept

2

C.4. No assistance in unauthorized

A.1. Privilege

3

practice of law

25

A.2. Profession, not business

3

D. To the Courts

27

B.

Qualifications

3

D.1. Candor, fairness & good faith

B.1. Citizenship

4

towards the courts

27

B.2. Residence

4

D.2. Respect for courts & judicial officers

28

B.3. Age

4

D.3. Assistance in the speedy & efficient

B.4. Good Moral Character

5

administration of justice

30

B.5. Legal Education

5

D.4. Reliance on merits of his cause &

B.6. Bar Examinations

6

avoidance of any impropriety which tends

C.

Appearance of Non-Lawyers

8

to influence or gives the appearance of

C.1. Law student practice

8

influence upon the courts

34

C.2. Non-lawyers in courts

8

E. To the Clients

35

C.3. Self-representation

9

E.1. Availability of service without

C.4. Agent or friend

9

discrimination

C.5. Non-lawyers in administrative

E.2. Candor, fairness and loyalty to clients

38

tribunals

9

E.3. Client’s moneys and properties

42

C.6. Proceedings where lawyers are

E.4. Fidelity to client’s cause

44

prohibited from appearing

10

E.5. Competence and diligence

44

D.

Sanctions for Practice or Appearance

E.6. Representation with zeal within legal

Without Authority

10

bounds

46

D.1. Lawyers without authority

10

E.7. Attorney’s fees

47

D.2. Persons not lawyers

10

E.8. Preservation of client’s confidences

51

E. Public Officials and Practice of Law

10

E.9. Withdrawal of services

53

E.1. Prohibition or disqualification of former government attorneys E.2. Public officials who cannot practice

10

IV. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

54

law or with restrictions

11

F. Lawyers Authorized to Represent the

 

A.

Nature and Characteristics of Disciplinary

Government

11

Actions against Lawyers

54

G.

Lawyer’s Oath

11

A.1. Confidential

55

 

A.2. Other characteristics

55

III.

DUTIES AND RESPONSIBILITIES OF A

A.3. Prescription

55

LAWYER

12

B. Grounds

56

 

Misconduct in private capacity

57

A. In General

12

C. Proceedings

57

B. To Society

13

D. Discipline of Filipino Lawyers Practicing

B.1. Respect for law and legal processes

13

Abroad

58

B.2. Efficient, convenient legal services

15

E. Discipline of Lawyers in Government

58

B.3. True, honest, fair, dignified &

F. Quantum of Proof

58

objective information on legal services

16

G. Disciplinary Measures

58

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TABLE OF CONTENTS

LEGAL AND JUDICIAL ETHICS

I. Effect of Compromise Agreements

60

C.

Impartiality

78

 

D.

Propriety

82

V. READMISSION TO THE BAR

60

E.

Equality

87

 

F.

Competence and Diligence

89

A. Lawyers Who Have Been Suspended

60

B. Lawyers Who Have Been Disbarred

60

III.

DISCIPLINE OF MEMBERS OF THE

C. Lawyers Who Have Been Repatriated

61

JUDICIARY

92

VI. MANDATORY CONTINUING LEGAL

A. Supreme Court

92

EDUCATION (MCLE)

61

A.1. Impeachment

92

A. Purpose

61

A.2. Impeachment of former Chief Justice Corona

92

B. Requirements

61

B. Judges of the Lower Courts and Justices

C. Compliance

62

of Court of Appeals and Sandiganbayan

93

D. Exemptions

62

C.

Grounds and Sanctions

95

E. Sanctions

63

F. Bar Matter 2012: The Rule on Mandatory

 

III.

DISQUALIFICATIONS OF JUSTICES AND

Legal Aid Service

63

JUDGES

97

VIII. NOTARIAL PRACTICE

65

A. Compulsory Disqualification

97

 

B. Voluntary Disqualification

98

A. Qualifications of Notary Public

65

B. Term of Office of Notary Public

65

IV. POWERS AND DUTIES OF JUDICIAL

 

C. Powers and Limitations

65

OFFICERS

98

C.1. Powers

65

C.2. Limitations

66

A.

Administration of Justice

98

D. Notarial Register

67

B.

Publicity of Proceedings

98

D.1. Entries

68

C.

Publicity of Records

98

D.2. Closing

68

D.

Enforceability of Court Process

99

D.3. Submission

69

E.

Inherent Powers of Courts

99

E. Jurisdiction of Notary Public and Place of

F.

Means to Carry Jurisdiction into Effect

99

Notarization

69

G.

Trial, Hearings and Other Acts

100

F. Revocation of Commission

69

H.

Interlocutory Orders out of Province

100

G. Competent Evidence of Identity

70

H. Sanctions

70

V.

COURT RECORDS AND GENERAL

IX. CANONS OF PROFESSIONAL ETHICS

71

DUTIES OF CLERKS AND STENOGRAPHERS

101

A. Origin

71

A. Clerks of Court

101

B. Legal status

71

A.1. Office of the Clerk of Court

101

 

A.2. Duties of the Clerk of Court

101

JUDICIAL ETHICS

72

A.3. Taking of Records from Clerk’s Office

102

 

B. Stenographers

102

I. SOURCES OF RULES IN JUDICIAL

 

C. Dockets and other Records of Inferior

ETHICS

73

Courts

102

A.

The New Code of Judicial Conduct for the

VI. LEGAL FEES

103

Philippine Judiciary (Bangalore Draft)

73

B.

Code of Judicial Conduct

73

A. Manner of Payment

103

 

B. Fees in Lien

103

II.

QUALITIES

73

C. Persons Authorized to Collect Legal Fees

103

A.

Independence

73

VII. COSTS

104

B.

Integrity

77

ii

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LEGAL ETHICS

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LEGAL ETHICS

LEGAL AND JUDICIAL ETHICS

I.

Supervision

and

II. Practice of Law

Control

of

the

Legal

 

Profession

 

A. CONCEPT

The practice of law is any activity, in or out of court, which requires the application of law,

According to Justice Padilla, in his dissent in

(1) Habituality – Practice of law implies

A.

CONSTITUTIONAL BASIS

legal procedure, knowledge, training and

[1987 Constitution, Article VIII, Sec. 5(5)]

 

experience. It is to give notice or render any kind of service, which device or service

The Supreme Court has the power to promulgate rules pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under-privileged.

The provision recognizes the disciplinary authority of the Court over the members of the bar to be merely incidental to the Court's exclusive power to admit applicants to the practice of law [Garrido v. Garrido, A.C. 6593

(2010)].

 

requires the use in any degree of legal knowledge or skill [Cayetano v. Monsod, G.R. No. 100113 (1991)].

Cayetano v. Monsod, the following factors are considered in determining whether there is practice of law [HACA]:

customarily or habitually holding one's self out to the public as a lawyer. It is more than an isolated appearance for it

In the judicial system from which ours has

consists in frequent or customary action.

been evolved, the admission, suspension, disbarment and reinstatement of attorneys at law in the practice of the profession and their supervision have been disputably a judicial function and responsibility [In re: Cunanan, 94 Phil 534 (1954)].

a.

However, an isolated appearance may constitute practice of law when there is a rule prohibiting some persons from engaging in the exercise of the legal profession.

 

(2) Application

of

law, legal

B.

REGULATORY POWERS

 

principles, practice or procedure

The power to regulate the practice of law includes:

 

It calls for legal knowledge, training and experience.

(1) Authority to define practice of law;

 

(3) Compensation– Practice of law implies that one must have presented himself to

(2) Prescribe

the

qualifications

of

a

be in the active and continued practice of

 

candidate to and the subjects of the bar examinations;

 

the legal profession and that his professional services are available to the

(3) Decide who will be admitted to practice;

public for compensation.

(4) Discipline, suspend or disbar any unfit and unworthy member of the bar;

(4) Attorney-client relationship – Where no such relationship exists, such as in cases of teaching law or writing law

(5) Reinstate

any

disbarred

or

indefinitely

books or articles, there is no practice of

 

suspended attorney;

 

law.

(6) Ordain the integration of the Bar;

 

In view of the definition of the majority in Cayetano v. Monsod:

(7)

Punish

for

contempt

any

person

for

unauthorized practice of law; and

 

(1) Giving advice for compensation regarding

(8) In general, exercise overall supervision of the legal profession.

 

the legal status and rights of another and for one’s conduct with respect thereto constitutes practice of law [Ulep v. The

PAGE 2 OF 104

Legal Clinic, Inc., A.C. L-553 (1993)].

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LEGAL ETHICS

(2) Preparation of documents requiring knowledge of legal principles not possessed by ordinary layman [Ulep v. The Legal Clinic, Inc., A.C. L-553 (1993)].

(3) Teaching law is considered practice of law because the fact of their being law professors is inextricably intertwined with the fact that they are lawyers [Re: Letter of UP Law Faculty, A.M. 10-10-4-SC

 

(2011)].

A.1. PRIVILEGE The practice of law is a privilege bestowed only to those who are morally fit. A bar candidate who is morally unfit cannot practice law even if he passes the bar examinations [Aguirre v. Rana, B.M. 1036

 
 

(2003)].

A.2. PROFESSION, NOT BUSINESS Lawyering is not a business; it is a profession in which duty to public service, not money, is the primary consideration [Burbe v. Magulta, A. C. 99-634 (2002)].

 

B. QUALIFICATIONS

Any person admitted to the bar and who is in good and regular standing is entitled to practice law [Sec. 1, Rule 138].

Every applicant for admission as a member of the bar must be:

(1) Citizen of the Philippines;

(2) At least 21 years of age;

(3)

Of good moral character;

(a) This requirement is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law [In the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar Examinations and For Disciplinary Action As Member of The Philippine Shari’a Bar, B.M. 1154 (2004)].

(4) Resident of the Philippines;

 

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LEGAL AND JUDICIAL ETHICS

(5) Produce

before

the

Supreme

satisfactory evidence:

a.

Of good moral character;

Court

b. That no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines [Sec. 2, Rule 138].

Requisites for the practice of law:

(1)

Admission to the bar:

(a)

Citizenship;

(b)

Residence;

 

(c)

Age (at least 21 years old);

(d)

Good moral character and no charges involving moral turpitude; The purposes for this requirement are:

1. To protect the public;

2. To protect the public image of lawyers;

3.

To

protect prospective clients;

 

and

 

4.

To protect errant lawyers from themselves [Dantes v. Dantes, A.C. 6486 (2004)].

(e)

Legal education (consisting of pre- law and law proper);

(f)

Pass the bar examinations;

(g)

Take the lawyer’s oath;

(h)

Sign the roll of attorneys.

(2) Good and regular standing:

(a)

Remain a member of the Integrated Bar of the Philippines (IBP);

(b)

Regularly pay all IBP dues and other lawful assessments

(c)

Faithful observance of the rules and ethics of the legal profession (e.g.:

(MCLE));

(d)

Be continually subject to judicial disciplinary control [Agpalo (2004)].

Passing the bar is not the only qualification to become an attorney-at-law. Two essential requisites for becoming a lawyer still had to be performed, namely: his lawyer’s oath to be

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administered by this Court and his signature

in the roll of attorneys [Aguirre v. Rana, B.M.

1036 (2003)].

General rule: Only members of the bar are entitled to practice law.

Exceptions: The following are also allowed

in exceptional circumstances:

(1) Law students;

(2) By an agent/friend;

(3)

By the litigant himself.

LEGAL ETHICS

B.1. CITIZENSHIP The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law [Sec. 14, Art. XII, 1987 Constitution].

Every applicant for admission as a member of the bar must be a citizen of the Philippines. [Sec. 2, Rule 138, RoC]

Ratio: Citizenship ensures allegiance to the Republic and its laws.

The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines except when citizenship is lost by reason of naturalization and reacquired through RA 9225 [Petition to Resume Practice of Law of Dacanay, B.M. 1678 (2007)].

A Filipino lawyer who has lost and reacquired

his citizenship under RA 9225 (Citizenship Retention and Re-acquisition Act of 2003) is deemed not to have lost his Philippine citizenship. However, he still needs to apply with the Supreme Court for a license or permit to engage in such practice after compliance with the following:

annual

(1)

Updating

membership dues in the IBP;

and

payment

of

(2) Payment of professional tax;

(3)

(4) Retaking of the lawyer’s oath [Sec. 5(4), RA 9225].

A Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine citizenship under RA 9225, remains to be a member of the Philippine Bar. However, the right to resume the practice of law is not automatic. RA 9225 provides that a

Completion of 36 hours of MCLE;

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LEGAL AND JUDICIAL ETHICS

person who intends to practice his profession in the Philippines must apply with the proper authority for a license or permit to engage in such practice. Thus, in pursuance to the qualifications laid down by the Court for the practice of law, the OBC requires the following:

1)

Petition

for

Re-Acquisition

of

Philippine Citizenship;

2)

Order

(for

Re-Acquisition

of

Philippine citizenship);

3)

Oath of Allegiance to the Republic of the Philippines;

4)

Identification Certificate (IC) issued by the Bureau of Immigration;

5)

Certificate of Good Standing issued by the IBP;

6) Certification from the IBP indicating updated payments of annual membership dues;

7)

Proof of payment of professional tax; and

8) Certificate of compliance issued by the MCLE Office. [Petition to Re- acquire the Privilege to Practice Law of Muneses, B.M. 2112 (2012)].

B.2. RESIDENCE

Every applicant for admission as a member of

a resident of the

Philippines. [Sec. 2, Rule 138, RoC]

Ratio: His/her duties to his client and to the court will require that he be readily accessible and available.

the bar must be

B.3. AGE Every applicant for admission as a member of the bar must be at least 21 years of age. [Sec. 2, Rule 138, RoC]

Ratio: Maturity and discretion are required in the practice of law.

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LEGAL ETHICS

B.4. GOOD MORAL CHARACTER Every applicant for admission as a member of the bar must be of good moral character and must produce before the SC satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. [Sec. 2, Rule 138, RoC]

Good moral character is a continuing qualification required of every member of the bar, it is not only a qualification precedent to the practice of law [Narag v. Narag, A.C. 3405

(1998)].

Absence of a proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. The act or conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity [Agpalo (2004)].

Good moral character is what a person really is, as distinguished from good reputation, the estimate in which he is held by the public in the place where he is known [In the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar Examinations and For Disciplinary Action As Member of The Philippine Shari’a Bar, B.M. 1154 (2004)].

The Supreme Court may deny lawyer’s oath- taking based on a conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications “he may now be regarded as complying with the requirements of good moral character xxx he is not inherently of bad moral fiber” [In re: Argosino, A.M. 712 (1997)].

Concealment of pending criminal cases constitutes lack of good moral character (in petition to take the bar examinations) [In the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar Examinations and For Disciplinary Action As Member of The Philippine Shari’a Bar, B.M. 1154 (2004)].

 

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LEGAL AND JUDICIAL ETHICS

B.5. LEGAL EDUCATION I. Pre-law

An applicant for admission to the bar examination shall present a certificate issued

by the proper government agency that,

before commencing the study of law, he or

she had pursued and satisfactorily completed

in an authorized and recognized university or college, requiring for admission thereto the

completion of a four-year high school course,

the course of study prescribed therein for a

bachelor's degree in arts or sciences.

A Filipino citizen who completed and

obtained his or her Bachelor of Laws degree or its equivalent in a foreign law school must present proof of having completed a separate bachelor's degree course. [Sec. 6, Rule 138, RoC; Re: Letter of Atty. Mendoza, B.M. 1153

(2010)].

II. Law proper

All applicants for admission shall, before being admitted to the examination, satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted.

No applicant who obtained the Bachelor of

Laws degree in this jurisdiction shall be

admitted to the bar examination unless he or

she has satisfactorily completed the following

course in a law school or university duly recognized by the government:

1)

Civil Law

2)

Commercial Law

3)

Remedial Law

4)

Criminal Law

5)

Public International Law

6)

Private International Law

7)

Political Law

8)

Labor and Social Legislation

9)

Medical Jurisprudence

10) Taxation

11)

Legal Ethics

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A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing:

1) Completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree;

2)

Recognition

or

accreditation

of

the

law school by the proper authority; and

3)

Completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. [Sec. 5, Rule 138, RoC; Re: Letter of Atty. Mendoza, B.M. 1153

(2010)].

Legal Education Board

Under R.A. No. 7662 (Legal Education Reform Act od 1993), a Legal Education Board (LEB) was created in order to undertake appropriate reforms in the legal education system, require proper selection of law students, maintain quality among law schools, and require legal apprenticeship and continuing legal education.

It is comprised of a former justice of the SC or CA (who serves as the Chairman), a representative of the IBP, a representative of the Philippine Association of Law Schools (PALS), a representative from the ranks of active law practitioners, a representative from the law students' sector (regular members), and the Secretary of the Department of Education or his representative (ex officio member).

The functions of the Board include:

a) administering the legal education system in the country;

b) the

supervising

law

schools

in

the

country;

c) setting the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon

LEGAL ETHICS

LEGAL AND JUDICIAL ETHICS

the academic freedom of institutions of higher learning;

d) accrediting law schools that meet the standards of accreditation;

e) prescribing minimum standards for law admission and minimum qualifications and compensation of faculty members;

f) prescribing the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness;

g) establishing a law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar; and

h) adopting a system of continuing legal education.

B.6. BAR EXAMINATIONS I. When to file permit

All applicants for admission shall file with the clerk of the Supreme Court the evidence required at least 15 days before the beginning of the examination. They shall also file within the same period the affidavit and certificate required by Sec. 5 [Sec. 7, Rule 138, RoC].

ii. Notice

Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Filipino, English and Spanish, for at least ten days before the beginning of the examination [Sec. 8, Rule 138, RoC].

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LEGAL ETHICS

iii. Conduct of examinations

Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from anyone.

Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used.

The committee of bar examines shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. Examinees shall not place their names on the examination papers. No oral examination shall be given [Sec. 10, Rule 138, RoC].

iv.

examinations

Examination for admission to the bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar examiners [Sec. 11, Rule 138, RoC].

take

When

and

where

to

 

Morning

Political and

First

International Law

Day

Afternoon

Labor and Social Legislation

Second

Morning

Civil Law

Day

Afternoon

Taxation

Third

Morning

Mercantile Law

Day

Afternoon

Criminal Law

Fourth

Morning

Remedial law

Day

Afternoon

Legal Ethics and Practical Exercises

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LEGAL AND JUDICIAL ETHICS

v. Passing average

A candidate is deemed to have passed his examinations successfully if he obtained a general average of 75 percent in all subjects, without falling below 50 percent in any subject [Sec. 14, Rule 138, RoC].

The relative weights of the subjects used in determining the average are as follows:

Subject

%

Civil Law

15%

Labor and Social Legislation

10%

Mercantile Law

15%

Criminal Law

10%

Political and International Law

15%

Taxation

10%

Remedial Law

20%

Legal Ethics and Practical Exercises

5%

vi. Committee Of Examiners

Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court as chairman, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall be published in each volume of the official reports [Sec. 12, Rule 138, RoC].

Pursuant to Bar Matter No. 1161 (2009), two examiners are designated per bar subject.

The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court.

vii. Results

Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. The examination papers and notes of the committee shall be filed with the clerk and

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LEGAL ETHICS

may there be examined by the parties in interest, after the court has approved the report [Sec. 15, Rule 138, RoC].

viii. Flunkers

Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school.

ix. Disciplinary measures

No candidate shall endeavor to influence any member of the committee, and during examination, the candidates shall not communicate with each other nor shall they give or receive any assistance. Any violator shall be barred from the examination, and

the

same to count as a failure against him,

and

further disciplinary action may be taken

in the discretion of the court [Sec. 13, Rule 138, RoC].

x. Civil service eligibility

Under RA 1080, as amended by RA 1844, the

Bar examinations is declared as civil service

examinations equivalent to:

(1) First grade regular examination for appointment to a position which requires proficiency in law; and

(2) Second grade regular examination for appointment to a position which does not require proficiency in law.

C. APPEARANCE OF NON-LAWYERS

C.1. LAW STUDENT PRACTICE

A law student who has successfully

completed third year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or

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LEGAL AND JUDICIAL ETHICS

officer, to represent indigent clients accepted by the legal clinic of the law school [Sec. 1, Rule 138-A].

The appearance of the law student shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic [Sec. 2, Rule 138- A].

The Rules safeguarding privileged communications between attorney and client shall apply [Sec. 3, Rule 138-A].

The law student shall comply with the standards of professional conduct governing members of the bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action [Sec. 4, Rule 138-A].

Sec. 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective of whether or not he is a law student [Cruz v. Mina, G.R. 154207 (2007)]. Thus, a law student may appear under the circumstances of Sec. 38, as an agent or a friend of a party litigant, without complying with the requirements of Rule 138- A, e.g., supervision of a lawyer.

C.2. NON-LAWYERS IN COURTS In the court of a municipality a party may 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. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar [Sec 34, Rule 138].

Public policy demands that legal work in representation of parties should be entrusted only to those possessing tested qualifications [PAFLU v. Binalbagan, G.R. No. L-23959

(1971)].

However, the Supreme Court, in the exercise of its judicial power, can validly authorize a layman to represent a litigant in court [Agpalo (2004)].

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A non-lawyer conducting his own litigation is

bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented [Agpalo (2004)].

C.3. SELF-REPRESENTATION In any court, a party may conduct his litigation in person.

An attorney who is otherwise disqualified to practice law, or has been disbarred or suspended from practice, can validly prosecute or defend his own litigation, he having as much right as that of a layman [Danforth v. Egan, 119 N.W. 1021 (1909)].

When a person conducts his litigation in person, he is not engaged in the practice of law [Agpalo (2004)].

A juridical person may also appear through

its non-lawyer agents or officers in the

municipal trial court.

Sec. 34 does not distinguish between civil and criminal cases. However, in criminal cases, the rule is qualified:

(1) Under Sec. 1(c), Rule 115, the accused may defend himself in person “when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.”

(2) Under Sec. 7, Rule 116, in determining whether a counsel de oficio should be appointed, or, for that matter, whether a counsel de parte should be required (conversely, whether the accused should be allowed to defend himself in person), the gravity of the offense and the difficulty of the questions that may arise should be considered.

While the right to be represented by counsel is immutable, the option to secure the services of counsel de parte is not absolute. The court may restrict the accused’s option to retain a counsel de parte if:

(1)

an attorney he cannot

He

insists

on

afford;

(2) He chose a person not a member of the bar;

LEGAL ETHICS

LEGAL AND JUDICIAL ETHICS

 

(3) The attorney declines for a valid reason (e.g., conflict of interest) [People v. Serzo, G.R. No. 118435 (1997)].

C.4. AGENT OR FRIEND When appointed or chosen, the agent or friend is not engaged in the practice of law, since there is no habituality in the activity and no attorney-client relationship exists. He is only permitted to appear in the municipal trial court.

In

criminal cases, in localities where members

of the bar are not available, the court may

appoint any person (i.e., non-lawyer), who is a resident of the province and of good repute for probity and ability to defend the accused,

in

lieu of a counsel de oficio [Sec. 7, Rule 116].

In relation to Sec. 34, Rule 138, this is only

allowed in the municipal trial court.

C.5. NON-LAWYERS IN ADMINISTRATIVE TRIBUNALS

A

party may also appear on his own behalf,

his organization or members thereof, before administrative bodies. This is also expressly allowed in Art. 222 of the Labor Code.

There are laws which allow representation of another by non-lawyers before such bodies.

(1) The 2011 NLRC Rule of Procedure, promulgated pursuant to Art 218(a), Labor Code, allows (a) non-lawyers, who are not necessarily a party to the case, to represent a union or members thereof, (b) non-lawyers who are duly-accredited members of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines, and (c) non-lawyer owners of establishments, to appear before it.

(2) Under Sec. 9, Act 2259 (Cadastral Act), a claimant may appear by himself, or by some person in his behalf, before a cadastral court.

In

order that these laws will not infringe upon

the power of the Supreme Court to regulate the practice of law, the following limitations must be observed:

(1) The non-lawyer should confine his work to non-adversary contentions and should

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not undertake purely legal work (i.e., examination of witness, presentation of evidence);

(2) The services should not be habitual;

(3) Attorney’s

fees

should

not

be

charged

[Agpalo (2004)].

C.6. PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING (1) In small claims cases, no attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter's consent [Sec. 17, Rules of Procedure in Small Claims Cases].

(2) In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of the counsel or representative, except for minors and incompetents who may be assisted by their next of kin who are not lawyers [Sec 415, Local Gov’t Code].

D. SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY

D.1. LAWYERS WITHOUT AUTHORITY Under Sec. 27, Rule 138, corruptly or willfully appearing as an attorney for a party to a case without authority to do so is a ground for disbarment or suspension.

D.2. PERSONS NOT LAWYERS For persons not lawyers as well as lawyers who appear without authority, the following may be availed of:

(1) Petition for injunction;

(2) Declaratory relief;

(3)

for

(4) Disqualification disbarment;

Contempt of court;

and

complaints

LEGAL AND JUDICIAL ETHICS

(5) Administrative

complaint

against

the

erring lawyer or government official;

(6) Criminal complaint for estafa against the person who falsely represented himself as a lawyer to the damage of another.

E. PUBLIC OFFICIALS AND PRACTICE OF LAW

E.1. PROHIBITION OR DISQUALIFICATION OF FORMER GOVERNMENT ATTORNEYS Under Sec. 7(b), RA 6713, public officials and employees during their incumbency shall not:

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;

Own,

(1)

control,

manage

or

(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.

These prohibitions shall continue to apply for a period of one year after resignation, retirement or separation from public office, except in case of the second.

Also, the one year prohibition applies to practice of profession in connection with any matter before the office he used to be with.

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E.2. PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR WITH RESTRICTIONS

E.2.A. ABSOLUTE PROHIBITION

Judges and other officials or employees of superior courts as [Sec. 35, Rule 148];

(2) Officials and employees of the Office of the Solicitor General [Sec. 35, Rule 148];

(3) Government prosecutors [Lim-Santiago v. Sagucio, A.C. 6705 (2006)];

(4) President, vice-president, cabinet members, their deputies and assistants [Sec. 15, Art. VII, Consti];

(5) Chairmen and members of constitutional commissions [Sec. 2, Art. IX-A, Consti];

(6) Members of the Judicial Bar Council [Sec. 2, Art. IX-A, Consti];

Ombudsman and his deputies [Sec. 8 (2), Art. X, Consti];

(8) All governors, city and municipal mayors [Sec. 90(a), RA 7160];

(9) Civil service officers or employees whose duties require them to devote their entire time at the disposal of the government [Catu v Rellosa, A.C. 5738 (2008)];

(7)

(1)

(10) Those who, by special law, are prohibited from engaging in the practice of their legal profession.

E.2.B. RELATIVE PROHIBITION (1) 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 [Sec. 14, Art. VI, 1987 Consti];

a. The word “appearance” includes not only arguing a case before any such body but also filing a pleading on behalf of a client [Ramos v Manalac, G.R. L-2610 (1951)].

(2) Sanggunian members may practice law except during session hours and provided they shall not:

a. Appear as counsel before any court in any civil case wherein a local government unit or any office,

LEGAL ETHICS

LEGAL AND JUDICIAL ETHICS

agency, or instrumentality of the government is the adverse party;

b. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;

c. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and

d. Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government [Sec. 90(b), RA 7160].

E.2.C. SPECIAL RESTRICTIONS Under Sec. 1, RA 910, the pension of justices therein is provided with a condition that no retiring justice, during the time that he is receiving said pension shall:

(1) Appear as counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party;

(2) In any criminal case wherein and officer or employee of the government is accused of an offense committed in relation to his office; or

(3) Collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, insular, provincial or municipal, or to any of its legally constituted officers.

F. LAWYERS AUTHORIZED TO REPRESENT THE GOVERNMENT

Any person appointed to appear for the

Government of the

Philippines shall be

allowed to appear in court, subject to

pertinent laws.

G. LAWYER’S OATH

An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take

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and subscribe before the Supreme Court the corresponding oath of office [Sec. 17, Rule

138].

The lawyer's oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he makes when taking the lawyer's oath. If all lawyers conducted themselves strictly according to the lawyer's oath and the Code of Professional Responsibility, the administration of justice will undoubtedly be faster, fairer and easier for everyone concerned [In re: Argosino, A.M. 712 (1997)].

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 or 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 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.

LEGAL AND JUDICIAL ETHICS

III. Duties and Responsibilities of a Lawyer

A. IN GENERAL

Under the Rules of Court, it is the duty of an attorney:

(1) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;

(2) To observe and maintain the respect due to the courts of justice and judicial officers;

(3) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law;

(4) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;

(5) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval;

(6) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charge;

(7)

the

commencement or the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motive or interest;

Not

to

encourage

either

(8) Never

to

reject,

for

any

consideration

personal to

himself,

the

cause

of

the

defenseless or oppressed;

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(9) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law [Sec. 20, Rule 138].

B. TO SOCIETY

B.1.

PROCESSES

RESPECT

FOR

LAW

AND

LEGAL

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.

NOTE: Canon 1 = 3 rd top source of Qs on CPR. It was asked 18 times in the last 20 years as of 2014 [Lex Pareto (2014 ed)]

UNLAWFUL CONDUCT

An unlawful conduct is act or omission which is against the law. Dishonesty involves lying or cheating [Agpalo (2004)]

A lawyer may not be disciplined for failure to

pay her obligation [Toledo v. Abalos, 315 SCRA 419 (1999)], but unwarranted obstinacy in evading the payment of a debt has been considered as a gross misconduct. [Constantino v. Saludares, 228 SCRA 233 (1993)]. However, issuance of bouncing checks reflects on the lawyer’s moral character and he may be disciplined. [Lex Pareto, Bar 2001, 2002]

A lawyer is obligated to promote respect for

legal processes. This includes order of the commission on Bar discipline of the IBP. (The lawyer’s oath likewise says, “I will obey the duly constituted authorities.”) [Lex Pareto, Bar 2002]

GROSSLY IMMORAL ACTS

(1) Wanton disregard for the sanctity of marriage as shown when the lawyer pursued a married woman and thereafter cohabited with her [Guevarra v. Eala, A.C. No. 7136 (2007)]

(2) Rape of a neighbor’s wife, which constitutes serious moral depravity, even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape [Calub v. Suller, A.C. No. 1474 (2000)]

IMMORAL

CONDUCT DISTINGUISHED

Immoral conduct involves acts that are willful, flagrant, or shameless, and that show a moral indifference to the opinion of the upright and respectable members of the community. Immoral conduct is gross when it is so corrupt as to constitute a criminal act, or so unprincipled as to be reprehensible to a high degree, or when committed under such scandalous or revolting circumstances as to shock the community’s sense of decency. The Court makes these distinctions, as the supreme penalty of disbarment from conduct requires grossly immoral, not simply immoral, conduct. [Perez v. Catindig, A.C. No. 5816

(2015)]

AND

GROSSLY

IMMORAL

NOT GROSSLY IMMORAL

(1) Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried and devoid of deceit on the part of the respondent, even if a child was born out of wedlock of such relationship; it may suggest a doubtful moral character but not grossly immoral [Figueroa v. Barranco, SBC Case No. 519 (1997)]

(2) Stealing a kiss from a client [Advincula v. Macabata, A.C. No. 7204 (2007)]

MORAL TURPITUDE

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

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LEGAL AND JUDICIAL ETHICS

society in general [Barrios v. Martinez, A.C. No. 4585 (2004)].

Murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage and smuggling are considered crimes involving moral turpitude.

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.

The promotion of organizations, with knowledge of their objectives, for the purpose of violating or evading the laws constitutes such misconduct in his office [In re: Terrell, G.R. No. 1203 (1903)]

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

BARRATRY OR “MAINTENANCE”

The offense of inciting or stirring up quarrels, litigation or groundless lawsuits, either at law or otherwise [Bouvier]

(1) Volunteering advice to bring lawsuits, except where ties of blood, relationship or trust make it a duty to do so

(2) Hunting up defects in titles or other causes of action in order to be employed to bring suit or breed litigation

AMBULANCE-CHASING

Unethical practice of inducing personal injury victims to bring suits. The practice of lawyers in frequenting hospitals and homes of the injured to convince them to go to court [Lex Pareto (2014)]

Accident-site solicitation of any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself.

Supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of

action but ignorant of legal rights and court procedure.

A lawyer may be disciplined in his

professional and private capacity. The filing of multiple complaints reflects on his fitness to be a member of the legal profession. His conduct of vindictiveness a decidedly

undesirable trait especially when one resorts to using the court not to secure justice but merely to exact revenge warrants his dismissal from the judiciary. [Saburnido v. Madrono, A.C. No. 4497 (2001)]

AMBULANCE CHASING AND BARRATRY DISTINGUISHED [Lex Pareto (2014)]

AMBULANCE

CHASING

BARRATRY

Refers to personal injury

Refers to any action

Refers to cases brought before judicial bodies

Refers to suits before judicial or non- judicial bodies

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 must act as mediator for compromise rather than an instigator and conflict [Agpalo

(2004)].

It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client's cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of his client, and temper

his client’s propensity to litigate. A lawyer's

oath to uphold the cause of justice is superior

to his duty to his client; its primacy is

indisputable [Castañeda v. Ago, G.R. No. L- 28546 (1975)]

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LEGAL AND JUDICIAL ETHICS

B.2.

SERVICES

EFFICIENT,

CONVENIENT

LEGAL

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.

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. [Agpalo (2004)]

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

NOTE: Asked 4 times in the last 20 years as of 2014 [Lex Pareto (2014 ed)]

Membership in the bar is a privilege burdened with conditions. It could be that for some lawyers, especially the neophytes in the profession, being appointed counsel de oficio is an irksome chore. For those holding such belief, it may come as a surprise that counsel of repute and of eminence welcome such an opportunity. It makes even more manifest that law is indeed a profession dedicated to the ideal of service and not a mere trade. It is understandable then why a high degree of fidelity to duty is required of one so designated. [Ledesma v. Climaco, G.R. No. L-23815 (1974)]

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. [Sec. 11, Art. III, 1987 Consti]

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, for which reason it is a public responsibility of the bar [IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office].

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 latter’s rights.

Advice may be on what preliminary steps to take until the client has secured the services of counsel. But he shall refrain from giving

A well-known lawyer has been engaged to

run a program in which he encourages indigent party litigants to consult him free of charge about their legal problems over a radio and television network. Has he violated any ethical rules? – YES, as it involves indirect advertising and solicitation and is likewise violative of the confidentiality of lawyer-client relationship. His act may also be considered as a form of self-praise hence subject to discipline [In re: Tagorda, 53 Phil 37, cited in Lex Pareto (2014); Unsangan v. Tolentino, 598 SCRA 133 (2009)]

Law is not a business but a profession. Unlike a businessman, the lawyer has:

(1) Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court;

(2) Duty of public service;

(3) Relation

to

clients

with

the

highest

degree of fiduciary;

 

(4) Relation

to

colleagues

at

the

bar

characterized

by

candor,

fairness

and

unwillingness to

resort

to

business

methods

of

advertising

 

and

encroachment

on

their

practice,

or

dealing directly with their clients [Agpalo

(2004)]

Thus, the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice [Sec. 27, Rule 138].

Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

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Reason for rule 2.04 is that the practice of law is profession and not a trade. It is improper to lower your legal rates just because another lawyer has offered a lower legal fee. [Lex Pareto (2014)]

This rule prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services [Agpalo

(2004)]

B.3. TRUE, HONEST, FAIR, DIGNIFIED & OBJECTIVE INFORMATION ON LEGAL SERVICES

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.

NOTE: Canon 3 = 5 th top source of Qs on CPR. Asked 12 times in the last 20 years as of 2014 [Lex Pareto (2014 ed)]

The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct [Canon 27, Canons of Professional Ethics; In re: Tagorda, G.R. No. 32329, (1929)].

ALLOWABLE ADVERTISEMENT

(1)

(2) Publication in reputable law list with brief biographical and other informative data which may include:

Ordinary simple professional card;

(a)

Name;

(b)

Associates;

(c)

Address;

(d)

Phone numbers;

(e)

Branches of law practiced;

(f)

Birthday;

(g)

Day admitted to the bar;

(h)

Schools and dates attended;

(i)

Degrees and distinctions;

(j)

Public or quasi-public offices;

(k)

Posts of honor;

(l)

Legal authorships;

(m)

Teaching positions;

(n)

Associations;

(o)

Legal fraternities and societies;

(p)

References and regularly represented clients must be published for that purpose [Ulep v. The Legal Clinic, Inc., B.M. No. 553 (1993)];

Publication of simple announcement of opening of law firm, change of firm;

(4) Listing in telephone directory but not under designation of special branch of law;

(3)

(5)

If acting as an associate (specializing in a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal);

(6)

If in media, those acts incidental to his practice and not of his own initiative;

(7)

Writing legal articles;

(8)

Activity of an association for the purpose of legal representation.

The law list must be a reputable law list published primarily for that purpose; it cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published primarily for other purposes.

ENTERING INTO OTHER BUSINESSES

For it to constitute as inconsistent with the lawyer’s profession, it is advisable that they be entirely separate and apart such that a

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layman could distinguish between the two functions.

The lawyer must make it clear to his client whether he is acting as a lawyer or in another capacity.

PROHIBITED ADVERTISEMENTS

[Sec. 27, Canon of Professional Ethics]

(1) Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills;

(2) Offering

retainers

in

exchange

for

executorships

or

trusteeships

to

be

influenced by the lawyer;

(3) Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyer’s position, and all other like self- laudation.

A lawyer may not properly publish his brief

biographical and informative data in a daily

paper, magazine, trade journal or society program in order to solicit legal business [Khan v. Simbillo, A.C. 5299 (2003)].

It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession not a business. Solicitation of cases by himself or through others is unprofessional and lowers the standards of the legal profession. [In re: Tagorda, supra].

In the last analysis, where to draw the line is

a question of good faith and good taste.

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 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 [Agpalo (2004)].

LEGAL ETHICS

LEGAL AND JUDICIAL ETHICS

Ratio: All partners by their joint efforts over

a period of years contributed to the goodwill

attached to the firm name, and the removal of the deceased partner’s name disturbs the client goodwill built through the years.

Firms may not use misleading names showing association with other firms to purport legal services of highest quality and ties with multinational business enterprise especially when such firm attached as an associate cannot legally practice law in the Philippines [Dacanay v. Baker and McKenzie, A.C. 2131 (1985)].

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.

Purpose: To prevent the law firm from using his name to attract legal business and to avoid suspicion of undue influence.

A civil service officer or employee whose duty

or responsibility does not require his entire time to be at the disposal of the government

may not engage in the private practice of law without the written permit from the head of the department concerned [Agpalo (2004)].

It is unlawful for a public official or employee

to, among others, 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 official functions [Samonte v. Gatdula, A.M. No. P-99-1292 (1999)].

If the unauthorized practice on the part of a

person who assumes to be an attorney causes damage to a party, the former may be held liable for estafa.

ABSOLUTE AND RELATIVE PROHIBITION OF PUBLIC OFFICIALS FROM PRACTICE OF

LAW:

When any of those absolutely prohibited officials is appointed/elected/qualified, he ceases, as a general rule, to engage in the private practice of law and his right to

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practice is suspended during his tenure in office.

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.

Purpose: To prevent some lawyers from gaining an unfair advantage over others through the use of gimmickry, press agentry or other artificial means.

This rule prohibits from making indirect publicity gimmick, such as furnishing or inspiring newspaper comments, procuring his photograph to be published in connection with cases which he is handling, making a courtroom scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by media people [Agpalo 2004].

It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by this Tribunal, the whole thing becomes inexcusable, even abhorrent, and this Court, in the interest of justice, is constrained and called upon to put an end to it and a deterrent against its repetition by meting an appropriate disciplinary measure, even a penalty to the one liable. [Cruz v. Salva, G.R. No. L-12871 (1959)]

B.4 PARTICIPATION IN THE IMPROVEMENT AND REFORMS IN THE LEGAL SYSTEM

Canon 4. A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justice.

NOTE: Asked 2 times in the last 20 years as of 2014 [Lex Pareto (2014 ed)]

EXAMPLES

(1) Presenting position papers or resolutions for the introduction of pertinent bills in Congress;

(2) Submitting petitions to the Supreme Court for the amendment of the Rules of Court.

The Misamis Oriental Chapter of the IBP has been commended by the Supreme Court when it promulgated a resolution wherein it requested the IBP’s National Committee on Legal Aid to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid offices in the various IBP chapters [Re: Request of NCLA to Exempt Legal Aid Clients from Paying Filing, Docket and Other Fees (2009)].

B.5. PARTICIPATION IN LEGAL EDUCATION PROGRAM

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

Bar Matter No. 850

(Dated Feb. 15, 2015. Effective Mar. 1, 2015)

Re: Rules on Mandatory Continuing Legal Education for Active Members of the Integrated Bar of the Philippines

xxx The Court Resolved to REQUIRE all

members of the Integrated Bar of the Philippines to file a written entry of appearance indicating their MCLE exemption or compliance number for the current or immediately preceding compliance period and date of issuance thereof before appearing as counsel or engaging in oral argument in open court or before a quasi- judicial body. However, counsels who affixed their signatures in their pleadings and indicated their MCLE exemption or compliance number in their pleadings need not file a separate entry of appearance. Henceforth, all counsels, including partners of law firms whose names appear in the said

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pleadings, shall also indicate their MCLE exemption or compliance number.

This resolution shall take effect on March 1,

2015 following its publication in a newspaper

of general circulation."

MANDATORY CONTINUING LEGAL EDUCATION (MCLE) PROGRAM

A program which requires lawyers to show

proof of having undertaken improvement in their knowledge as a precondition for renewing their license to practice [Lex Pareto

(2014)]

There is no doubt that Atty. Flores failed to

obey the trial court’s order to submit proof of his MCLE compliance notwithstanding the several opportunities given him. "Court orders are to be respected not because the judges who issue them should be respected, but because of the respect and consideration that should be extended to the judicial branch of the Government. This is absolutely essential if our Government is to be a government of laws and not of men. Respect must be had not because of the incumbents

to the positions, but because of the authority

that vests in them. Disrespect to judicial incumbents is disrespect to that branch the

Government to which they belong, as well as

to the State which has instituted the judicial

system." [Rodriguez-Manahan v. Flores, A.C.

No. 8954 (2013)]

APPLICABILITY TO GOVERNMENT LAWYERS

Canon 6. These canons shall apply to lawyers in government service in the discharge of their official duties.

NOTE: Asked 5 times in the last 20 years as

of 2014 [Lex Pareto (2014 ed)]

Ratio: The rule is a reiteration of the principal in public law, which is that a public office is a public trust and a public servant owes utmost fidelity to the public service.

A member of the bar who assumes public

office does not shed his professional obligation. Lawyers in government are public servants who owe the utmost fidelity to the

public service. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility, perhaps higher than her brethren in private practice [Vitriolo v. Dasig, A.C. 4984 (2003)].

May a former government lawyer appear in a case against the government? – YES, he may appear in a case unless there is a specific ethical rule or provision of law which prohibits him from doing so. [Lex Pareto (2014 ed)]

When may a former government lawyer be prohibited from accepting a legal engagement? [Lex Pareto (2014 ed)]

a. 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;

b. Retired members of the judiciary receiving pensions form the government should not practice law where the government is the adverse party or in a criminal case involving a government employee in the performance of his duties as such

Rule 6.01. The primary duty of a lawyer engaged 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

with the two-fold aim which is that guilt shall not escape or innocence suffers. He should

not hesitate to recommend to the court the acquittal of an accused if the evidence in his possession shows that the accused is innocent [Agpalo (2004)].

In criminal cases, a public prosecutor should

be present for the following reasons: [Lex

Pareto (2014 ed)]

1. To protect the interest of the State (As the criminal case is in reality a crime against the State)

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2.

To see to it that justice is done (Rule 6.01) Naturally, the private prosecutor is interested only to convict the accused. However, the primary duty of the public prosecutor is not to convict, but to see that justice is done.

A

prosecuting attorney, by the nature of his

office, is under no compulsion to file a

particular criminal information where he

is not convinced that he has evidence to prop

up the averments thereof, or that the evidence at hand points to a different conclusion. This is not to discount the possibility of the commission of abuses on the part of the prosecutor. But we must have to recognize that a prosecuting attorney should not be unduly compelled to work against his conviction. In case of doubt, we should give him the benefit thereof. A contrary rule may result in our courts being unnecessarily swamped with unmeritorious

cases. Worse still, a criminal suspect's right

to due process - the sporting idea of fair play

- may be transgressed. So it is, that in People

vs. Sope, this Court made the pronouncement that "[i]t is very logical that the prosecuting attorney, being the one charged with the prosecution of offenses, should determine the information to be filed and cannot be controlled by the offended party." [People v. Pineda, G.R. No. L-26222 (1967)]

Rule 6.02. A lawyer in the 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.

In relation to Rule 3.03, Canon 3, if the law

allows a public official to practice law concurrently, he must not use his public position to feather his law practice. Moreover, he should not only avoid all impropriety. Neither should he even 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 [Agpalo (2004)].

It bears stressing also that government lawyers who are public servants owe fidelity

to the public service, a public trust. As such,

they should be more sensitive to their

professional obligations as their disreputable conduct is more likely to be magnified in the public eye [Huyssen v. Gutierrez, A.C. 6707

(2006)].

Sec. 7 of RA 6713 generally provides for the prohibited acts and transactions of public officials and employees. Sec. 7(b)(2) prohibits them from engaging in the private practice of their profession during their incumbency. As an exception, a public official or employee can engage in the practice of his or her profession under the following conditions: first, the private practice is authorized by the Constitution or by the law; and second, the practice will not conflict, or tend to conflict, with his or her official functions. The prohibitions continue to apply for a period of one year after the public official or employee’s resignation, retirement, or separation from public office, except for the private practice of profession under subsection (b)(2), which can already be undertaken even within the one-year prohibition period. As an exception to this exception, the one-year prohibited period applies with respect to any matter before the office the public officer or employee used to work with. [Query of Karen Silverio-Buffe, 596 SCRA 378 (2009)].

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.

HOW GOVERNMENT LAWYERS MAY LEAVE GOVERNMENT SERVICE: (RREAD)

(1) Retirement;

(2) Resignation;

(3) Expiration of the term of office;

(4) Abandonment;

(5) Dismissal

General

rule:

Practice

of

profession

is

allowed

immediately

after

leaving

public

service.

Exceptions: The lawyer cannot practice as to matters with which he had connection during his term. This prohibition lasts:

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(1) For one year, if he had not intervened;

(2) Permanently, if he had intervened.

The “matter” contemplated are those that are adverse-interest conflicts (substantial relatedness and adversity between the government matter and the new client’s matter in interest) and congruent-interest representation conflicts. “Intervention” should be significant and substantial which can or have affected the interest of others [PCGG v. Sandiganbayan, G.R. Nos. 151809- 12 (2005)].

C. TO THE LEGAL PROFESSION

C.1. INVOLVEMENT IN THE IBP

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.

i. Bar Integration

The Supreme Court may adopt rules of court to effect the integration of the Philippine Bar under such conditions as it shall see fit in order to raise the standards of the legal profession improve the administration of justice and enable the bar to discharge its public responsibility more effectively. [Sec. 1, RA 6397].

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 Examinations. All that integration actually does is to provide an official national organization for the well-defined but unorganized and uncohesive group of which every lawyer is already a member [In the matter of the IBP, 49 SCRA 22 (1973)].

The IBP is essentially a semi-governmental entity, a private organization endowed with certain governmental attributes. While it is composed of lawyers who are private individuals, the IBP exists to perform certain vital public functions and to assist the government particularly in the improvement of the administration of justice, the

LEGAL AND JUDICIAL ETHICS

upgrading of the standards of the legal profession, and its proper regulation.

The basic postulate of the IBP is that it is non- political in character and that there shall be neither lobbying nor campaigning in the choice of the IBP Officers. The fundamental assumption is that the officers would be chosen on the basis of professional merit and willingness and ability to serve. The unseemly ardor with which the candidates pursued the presidency of the association detracted from the dignity of the legal profession. The spectacle of lawyers bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the public’s esteem [In re: 1989 Elections of the IBP, A.M. 491 (1989)].

ii. General Objectives of the IBP

(1)

To

elevate

the

standards

of

the

profession;

legal

(2) To improve the administration of justice;

(3) To enable the bar to discharge its public responsibility more effectively.

iii. Purposes of the IBP

(1) To assist in the administration of justice;

(2) To foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct;

(3) To safeguard the professional interest of its members;

(4) To cultivate among its members a spirit of cordiality and brotherhood;

(5) To 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) To encourage and foster legal education;

(7)

To

promote

a

continuing

program

of

legal

research

in

substantive

and

adjective

law,

and

make

reports

and

recommendations thereon.

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[Note: Purposes of the IBP is one of the favorite questions asked in the Bar. – Faculty Ed.]

iv. Membership and Dues

RoC, Rule 139-A, Sec. 9. Every member of the IBP shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court.

A fixed sum equivalent to ten percent of the

collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.

RoC, Rule 139-A, Sec. 10. Default in the payment of annual dues:

For six months shall warrant suspension of membership in the IBP; and

(2) For one year shall be a ground for the removal of the name of the delinquent member from the roll of attorneys.

(1)

such case, his membership in the IBP could

have been terminated and his obligation to

pay dues discontinued [Letter of Atty. Arevalo,

B.M. 1370 (2005)].

C.2. UPHOLDING THE DIGNITY & INTEGRITY OF THE 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.

A lawyer must be a disciple of truth. While a

lawyer has the solemn duty to defend his client’s rights and is expected to display the

utmost zeal in defense of his client’s cause,

his conduct must never be at the expense of

truth [Young v. Batuegas, A.C. 5379 (2003)].

A membership fee in the IBP is an exaction

for regulation, while the purpose of a tax is revenue. If the Court has inherent power to regulate the bar, it follows that as an incident to regulation, it may impose a membership fee for that purpose. It would not be possible to push through an Integrated Bar program without means to defray the concomitant expenses. The doctrine of implied powers necessarily includes the power to impose such an exaction [In the matter of the IBP, 49 SCRA 22 (1973)].

A lawyer can engage in the practice of law

only by paying his dues, and it does not matter if his practice is “limited.” Moreover, senior citizens are not exempted from paying membership dues [Santos v. Llamas, A.C.

4749 (2000)].

In a case involving a Filipino lawyer staying abroad, the Supreme Court said that there is nothing in the law or rules, which allows his exemption from payment of membership dues. At most, he could have informed the Secretary of the Integrated Bar of his intention to stay abroad before he left. In

PENALTIES

(1) Disqualification of the applicant from taking the bar, if the concealment is discovered before he takes the bar examinations;

(2) Prohibition from taking the lawyer’s oath, if the concealment is discovered after the candidate has taken the bar examinations;

(3) Revocation of license to practice, if the concealment was discovered after he has taken his lawyer’s oath [In re: Diao, A.C. 244 (1963)].

A declaration in one’s application for

admission to the bar examinations that the applicant was “single”, when he was in fact married, was a gross misrepresentation of a material fact made in utter bad faith, for which the applicant should be made answerable. It indubitably exhibits lack of good moral character [Leda v. Tabang, A.C. 2505 (1992)].

It is the fact of concealment and not the

commission of the crime itself that makes

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him morally unfit to become a lawyer. [In Re:

Galang, A.M. 1162 (1975)]

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 volunteer information or

cooperate in any investigation concerning alleged anomaly in the bar examination so

that those candidates who failed therein can

be ferreted out and those lawyers responsible

therefor can be disbarred [In re: Parazo, G.R. 082027 (1948)].

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 [Agpalo (2004)].

Rule 7.03. A lawyer shall not 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.

It is not necessary for a lawyer to be convicted for an offense before a lawyer can be disciplined for gross immorality [Agpalo

(2004)].

There is no distinction as to whether the transgression is committed in the lawyer’s professional capacity or in his private life or in his private transaction because a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another [Funa].

LEGAL AND JUDICIAL ETHICS

ACTS ADVERSELY REFLECTIVE OF A LAWYER’S FITNESS TO PRACTICE LAW:

(1)

Having

keeping mistresses;

adulterous

relationships

or

(2) Siring a child with a woman other than legal wife [Zaguirre v. Castillo, A.C. 4921

(2003)];

(3) Conviction

of

a

moral turpitude;

crime

involving

(4) Commission of fraud or falsehood.

To justify suspension or disbarment, the act must not only be immoral, it must be grossly immoral as well. A grossly immoral act is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. [Reyes v. Wong, A.M. 547 (1975)]

Mere intimacy between a man and a woman, either of whom possesses no legal impediment to marry, voluntarily carried on and devoid of any deceit on the part of the lawyer, is neither so corrupt nor so unprincipled as to warrant imposition of disciplinary sanction against him, even if as a result, the woman begot a child [Soberano v. Villanueva, A.C. 215 (1962)].

The term “moral turpitude” means anything which is done contrary to justice, honesty, modesty or good morals, or to any act of vileness, baseness or depravity in the private and social duties that a man owes his fellowmen or to society, contrary to the accepted rule between man and man. [In re Gutierrez, G.R. L-363 (1962)]

In general, all crimes of which fraud and deceit is an element or those which are inherently contrary to rules of right, conduct, honesty or morality in a civilized community, involve moral turpitude. [Agpalo (2004)]

C.3. COURTESY, FAIRNESS & CANDOR TOWARDS PROFESSIONAL COLLEAGUES

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

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LAWYER DON’Ts:

(1)

excusable

unpreparedness or absence of counsel

during the trial of a case;

Take

advantage

of

the

(2) Make use, to his or to his client’s benefit, the secrets of the adverse party acquired through design or inadvertence;

(3) Criticize or impute ill motive to the lawyer who accepts what in his opinion is a weak case;

(4) Proceed to negotiate with the client of another lawyer to waive all kinds of claim when the latter is still handling the civil case [Camacho v. Pangulayan, A.C. 4807

(2000)].

(5) Steal another lawyer’s client;

(6) Induce a client to retain him by promise of better service, good result or reduced fees for his services;

(7)

comparisons or publicize his talent as a

another lawyer, make

Disparage

means to further his law practice;

(8) In the absence of the adverse party’s counsel, interview the adverse party and question him as to the facts of the case even if the adverse party was willing;

(9) Sanction the attempt of his client to settle a litigated matter with the adverse party without the consent nor knowledge of the latter’s counsel.

IMPROPER LANGUAGE

(1) Behaving without due regard for the trial court and the opposing counsel and threatening the court that he would file a petition for certiorari [Bugaring v. Espanol, G.R. No. 133090 (2001)];

(2) Filing of a civil case against the opposing counsel without justification but only to get a leverage in the pending case [Reyes v. Chiong, A.C. 5148 (2003)];

(3) Calling an adverse counsel as “bobo” or using the word “ay que bobo” in reference to the manner of offering evidence [Castillo v. Padilla, A.C. 2339

(1984)].

(4) Stating that “justice is blind and also “deaf and dumb”” [In Re: Almacen, G.R.

L-27654(1970)].

The highest reward that can come to a lawyer is the esteem of his professional brethren. That esteem is won in unique conditions and proceeds from an impartial judgment in professional trials. It cannot be purchased. [Agpalo (2004)]

Lack or want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning [Rheem of the Philippines v Ferrer, G.R. L-22979 (1967)].

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

A lawyer should treat the opposing counsel

and his brethren in the law profession with courtesy, dignity, and civility. They may do as adversaries do in law: strive mightily but eat and drink as friends [Valencia v. Cabanting,

A.M. 1302 (1991)].

A lawyer’s language should be forceful but

dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession [Surigao Mineral Reservation Board v. Cloribel, G.R. L- 27072

(1970)].

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 MAY:

(1)

Accept employment to handle a matter previously handled by another lawyer:

(a) Provided the other lawyer has been given notice of termination of service lest it amounts to an improper encroachment upon the professional employment of the original counsel [Laput v. Remotigue, A.M. 219 (1962)]; or

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(b)

In the absence of a notice of termination from the client, provided he has obtained the conformity of the counsel whom he would substitute; or

(c)

In the absence of such conformity, a lawyer must at least give sufficient notice to original counsel so that original counsel has the opportunity to protect his claim against the client.

(2) Give advice or assistance to any person who seeks relief against an unfaithful or neglectful lawyer;

LEGAL AND JUDICIAL ETHICS

for clients of documents

requiring knowledge of legal principles not possessed by ordinary laymen;

(3) Appearance for clients before public tribunals, whether, administrative, quasi- judicial or legislative agency.

(2) Preparation

ILLEGAL PRACTICE OF LAW EXAMPLES

(1)

Appearing as counsel even before taking lawyer’s oath [Aguirre v. Rana, B.M. 1036

(2003)];

(3) Associate

as

a

colleague

in

a

case,

(2) Using the title “Attorney” in his name

provided

he

communicate

with

the

even though he is a Shari’a lawyer [Alawi

original counsel before appearance as co-counsel:

making

an

v. Alauya, A.M. SDC-97-2-P (1997)].

(a)

Should the original lawyer object, he should decline association but if the original lawyer is relieved, he may come into the case;

(b)

Should it be impracticable for him, whose judgment has been overruled by his co- counsel to cooperate effectively, he should ask client to relieve him.

C.4. NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW

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

Generally, to engage in the practice of law is to do any of those acts which are characteristic of the legal profession. It embraces any activity, in or out of court, which requires the application of law, legal principle, practice or procedure or calls for legal knowledge, training and experience. [Philippine Lawyers Ass’n v. Agrava, G.R. L- 12426 (1959)]

EXAMPLES OF PRACTICE OF LAW

(1) Legal advice and instructions to clients to inform them of their rights and obligations;

A corporation cannot engage in the practice

law directly or indirectly. It may only hire in- house lawyers to attend to its legal business.

A corporation cannot employ a lawyer to

appear for others for its benefit. A corporation cannot perform the conditions required membership to the bar. In addition, the confidential and trust relation between an attorney and his client cannot arise if the attorney is employed by a corporation.

NOT ALLOWED:

(1)

Automobile

membership by advertising that it offers

free legal services department to members;

exchange

solicits

club

that

of

credit

its

legal

(2) Collection

agency

or

that exploits lawyer’s services;

(3) Bank using lawyer’s name as director in advertising its services in drawing wills and other legal documents.

Unauthorized practice of law applies to both non-lawyers and lawyers prohibited from the private practice of law.

The practice of law is not a natural, property

or constitutional right but a mere privilege [In Re Edillon, A.M. 1928 (1978)].

The purpose is to protect the public, the court, the client and the bar from the incompetence

or dishonesty of those unlicensed to practice

law and not subject to the disciplinary control

of the court [Phil. Assoc. of Free Labor Union v.

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Binalbagan Isabela Sugar Co., G.R. L-23959

(1971)].

Rule 9.01. A lawyer shall not 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.

Ratio: The practice of law is limited only to individuals who have the necessary educational qualifications and good moral character. Moreover, an attorney-client relationship is a strictly personal one. Lawyers are selected on account of their special fitness through their learning or probity for the work at hand.

A

LAWYER

(1) The computation and determination of the period within which to appeal an adverse judgment [Eco v. Rodriguez, G.R. L-16731 (1960)];

ACTS

THAT

MAY

ONLY

BE

DONE

BY

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:

(a)

Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or

(b)

Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c)

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 a profitable sharing arrangement.

Ratio: Allowing non-lawyers to get attorney’s fees would confuse the public as to whom they should consult. It would leave the bar in a chaotic condition because non- lawyers are also not subject to disciplinary action.

(2) The

examination

of

witnesses

or

the

An agreement between a union lawyer and a

presentation

of

evidence

[Robinson

v.

layman president of the union to divide

Villafuerte, G.R. L-5346 (1911)].

 

equally the attorney’s fees that may be

MAY BE DELEGATED TO NON-LAWYERS:

 

awarded in a labor case violates this rule, and is illegal and immoral [Amalgamated Laborers Assn. v. CIR, G.R. L-23467 (1968)].

(1)

(2) Finding and interviewing witnesses;

(3) Examining court records;

(4) Delivering papers and similar matters.

The examination of case law;

A donation by a lawyer to a labor union of

part of his attorney’s fees taken from the proceeds of a judgment secured by him for the labor union is improper because it amounts to a rebate or commission [Halili v. CIR, G.R. L-24864 (1965)].

A contract between a lawyer and a layman

granting the latter a percentage of the fees collected from clients secured by the layman and enjoining the lawyer not to deal directly

with said clients is null and void, and the lawyer may be disciplined for unethical conduct [Tan Tek Beng v. David, A.C. 1261

(1983)].

While non-lawyers may appear before the NLRC or any labor arbiter, they are still not entitled to receive professional fees. The statutory rule that an attorney shall be entitled to have and recover from his client a reasonable compensation or remuneration

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they have rendered

presupposes the existence of an attorney- client relationship.

Such a relationship cannot exist when the client’s representative is a non-lawyer [Five J Taxi v. NLRC, G.R. 111474 (1994)].

for

the

services

D. TO THE COURTS

D.1. CANDOR, FAIRNESS & GOOD FAITH TOWARDS THE COURTS

Canon 10. A lawyer owes candor, fairness and good faith to the court.

A lawyer is, first and foremost, an officer of

the court. Accordingly, should there be a conflict between his duty to his client and that to the court, he should resolve the conflict against the former and in favor of the latter, his primary responsibility being to uphold the cause of justice [Cobb Perez v. Lantin, G.R. L-22320 (1968)].

Candor in all of the lawyer’s dealings is the very essence of honorable membership in the legal profession [Cuaresma v. Daquis, G.R. L-

35113 (1975)].

A lawyer’s conduct before the court should be

characterized by candor and fairness. The

administration of justice would gravely suffer

if lawyers do not act with complete candor

and honesty before the courts [Serana v. Sandiganbayan, G.R. 162059 (2008)].

A lawyer must be a disciple of truth. While a

lawyer has the solemn duty to defend his client’s cause, his conduct must never be at

the expense of truth. [Young v. Batuegas, A.C.

5379 (2003)].

should yield to his duty to deal candidly with the court. For no client is entitled to receive from the lawyer any service involving dishonesty to the courts [Comments of IBP Committee].

Some

Lawyers:

cases

of

Falsehood

Committed

by

1. Falsely stating in a deed of sale that property is free from all liens and encumbrances [Sevilla v. Zoleta, 96 Phil 979 (1955)];

2. Falsifying a power of attorney to use in collecting the money due to the principal and appropriating the money for his own benefit [In Re:

Rusiana, A.C. 270 (1959)];

3. Denying having received the notice to file brief which is belied by the return card [Ragasajo v. IAC, G.R. L-69129

(1987)];

4. Presenting falsified documents in court which he knows to be false [Bautista v. Gonzales, A.M. 1625

(1990)];

false

5. charges

Filing

or

groundless

suits

[Retia

v.

Gorduiz,

A.M.

1388

(1980)].

Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in

court; nor shall he mislead, or allow the court

to be misled by any artifice.

A lawyer should not conceal the truth from

the court, nor mislead the court in any manner no matter how demanding his duties to clients may be. His duties to his client

A lawyer who deliberately made it appear that the quotations in his motion for reconsiderations were findings of the Supreme Court, when they were just part of the memorandum of the Court Administrator, and who misspelled the name of the complainant and made the wrong citation of authority is guilty of violation of this rule [COMELEC v. Noynay, G.R. 132365 (1998)].

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It is the bounden duty of courts, judges and lawyers to reproduce or copy the same word- for-word and punctuation mark-for- punctuation mark the decisions of the Supreme Court. Ever present is the danger that if not faithfully and exactly quoted, the decisions and rulings may lose their proper and correct meaning, to the detriment of other courts, lawyers and the public who may thereby be misled [Insular Life Employees Co. v. Insular Life Association, G.R. L-25291 (1971)].

The legal profession demands that lawyers thoroughly go over pleadings, motions and other documents dictated or prepared by them, typed or transcribed by their secretaries or clerks, before filing them with the court. If a client is bound by the acts of his counsel, with more reason should counsel be bound by the acts of his secretary who merely follows his orders [Adez Realty, Inc. v. CA, G.R. 100643 (1992)].

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

Filing multiple actions constitutes an abuse

of the court’s processes. Those who file

multiple or repetitive actions subject themselves to disciplinary action for incompetence or willful violation of their duties as attorneys to act with good fidelity to the courts, and to maintain only such actions that appear to be just and consistent with truth and honor [Olivares v. Villalon, A.C. 6323

(2007)].

A lawyer should not abuse his right of

recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. [Garcia v. Francisco, A.C. 3923

(1993)].

Observing respect due to the courts means that a lawyer should conduct himself toward judges:

(1)

v

L-24438

to

With

courtesy

[Paragas

everyone

Cruz,

is

entitled

expect

(1965)];

G.R.

(2) With the propriety and dignity required by the courts [Salcedo v Hernandez, G.R. L- 42992 (1935)].

Lawyers are duty bound to uphold the dignity and authority of the Court to promote the administration of justice. Respect to the courts guarantees the stability of other institutions. [In re: Sotto, 82 Phil 595 (1949)].

If a pleading containing derogatory, offensive and malicious statements is submitted in the same court or judge in which the proceedings are pending, it is direct contempt, equivalent as it is to a misbehavior committed in the presence of or so near a court or judge as to interrupt the administration of justice. Direct contempt is punishable summarily [In re:

Letter of Atty. Sorreda, A.M. 5-3-04 (2006)].

Liberally imputing sinister and devious motives and questioning the impartiality, integrity, and authority of the members of the Court result in the obstruction and perversion of the dispensation of justice [Estrada v. Sandiganbayan, G.R. 148560 (2000)].

Even as lawyers passionately and vigorously propound their points of view, they are bound by certain rules of conduct for the legal profession. This Court is certainly not claiming that it should be shielded from criticism. All the Court demands are the same respect and courtesy that one lawyer owes to another under established ethical standards. There is no exemption from this sworn duty for law professors, regardless of their status in the academic community or the law school to which they belong [Re: Letter of the UP Faculty, A.M. 10-10-4-SC (2011)].

D.2.

OFFICERS

RESPECT

FOR

COURTS

&

JUDICIAL

Canon 11. A lawyer shall observe and maintain

the respect due to the courts and to judicial officers and should insist on similar conduct

by others.

Rule

properly attired.

11.01.

A

lawyer

shall

appear

in

court

Respect begins with the lawyer’s outward physical appearance in court. Sloppy or informal attire adversely reflects on the

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lawyer and demeans the dignity and solemnity of court proceedings.

A

cited with contempt [Agpalo (2004)].

be

lawyer

who

dresses

improperly

may

PROPER ATTIRE

Male: Long-sleeved Barong Tagalog or coat and tie

Female: Semi-formal or business attires

Judges: Same attire as above under their

robes

Courts have ordered a male attorney to wear

a necktie and have prohibited a female

attorney from wearing a hat. However, the permission of a dress with a hemline five inches above the knee was held to be acceptable as such “had become an accepted mode of dress even in places of worship” [Aguirre (2006)]

Rule 11.02. A lawyer shall punctually appear

at court hearings.

Punctuality is demanded by the respect which the lawyer owes to the court, the parties, and the opposing counsel [Funa].

Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may subject the lawyer to disciplinary action as his actions show disrespect to the court and are therefore considered contemptuous behavior [Agpalo (2004)].

Non-appearance at hearings on the ground that the issue to be heard has become moot and academic is a lapse in judicial propriety [De Gracia v. Warden of Makati, G.R. L-42032

(1976)].

Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language

or behavior before the courts.

A lawyer’s language should be forceful but

dignified, emphatic but respectful, as befitting an advocate and in keeping with the dignity of the legal profession [Surigao

Mineral Reservation Board v. Cloribel, G.R. L- 27072 (1970)].

Lawyers may use strong language to drive home a point; they have a right to be in pursuing a client’s cause [The British Co. v De Los Angeles, G.R. L-33720 (1975)].

However, the use of abusive language by counsel against the opposing counsel constitutes at the same time disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light [Buenaseda v. Flavier, G.R. 106719 (1993)].

Lawyers cannot resort to scurrilous remarks that have the tendency to degrade the courts and destroy the public confidence in them [In Re: Almacen, G.R. L-27654 (1970)].