LEGAL ETHICS – MIDTERMS TRANSCRIPT (Atty. Rellen)
Members of Constitutional Commission
INTRODUCTION
Legal Ethics – branch of moral science, which treats of the duties,
which an attorney owes to the court, to his client, to his colleagues in
the profession and to the public.
Primary Characteristics which Distinguish the Legal Profession from
Business:
• Duty of public service, of which emolument is a by-product
• Lawyer is an officer of the court
• Fiduciary relation to client
• Candor, fairness to colleagues in the bar
Q. Can corporation practice law?
Ans: No.
- Practice of law is reserved only to natural persons who are lawyers,
either as solo practitioners or in partnership with other lawyers.
- A partnership in the practice of law is a mere relationship or
association for such particular purpose.
- It is not a legal entity. It is not a partnership formed for the purpose
of carrying on a trade or business or of holding property.
- A professional law partnership, even if registered, with the SEC, is
not even a taxpayer and any lawyer practicing law under a law
partnership is considered a solo practitioner who is the taxpayer and
not the law partnership. (Tan vs. Del Rosario, Jr., 237 SCRA 324)
No corporate practice of law
- The underlying reason why a juridical entity or corporate agency
cannot practice law tests on the nature of privilege and on the
confidential and trust relation between attorney and client.
- Basis of practice of law is personal responsibility and accountability.
SOURCES OF LEGAL ETHICS
A. Constitution
B. Rules of Court
C. Legislation
D. Court Decision
E. Code of Personal Responsibility
F. Canons of Professional Ethics
G. Treatises
H. Other Sources
-e.g. ABA 1983 Model Rules of Professional Conduct, ABA
1989 Model Code of Professional Responsibility
A. Constitution
Sec. 5[5], Art. VIII, 1987 Constitution
The SC shall promulgate rules concerning:
i. the protection and enforcement of constitutional rights
ii. pleading, practice and procedure in all courts
iii. the admission to the practice of law
iv. the Integrated Bar, and
v. legal assistance to the underprivileged
Q. Can these persons practice law concurrent with their public posts?
1. President, Vice-President, Members of the Cabinet, and their
deputies and assistant.
2. Senators, Members of House of Representative
3.
4. Ombudsman and deputies
5. Judges and Justice (obviously. Hahaha)
Ans:
(1) Sec.13, Art. VII, 1987 Constitution
The President, Vice President, Members of the Cabinet, and
their deputies or assistant shall not:
a. hold any other office or employment during their tenure
(UNLESS PROVIDED BY CONSTITUTION)
b. Directly or indirectly practice any other profession during
their tenure.
(2) Sec.14, Art. VI, 1987 Constitution
No Senator or Member of the House of Representatives
may personally appear as counsel before:
a. any court of justice
b. electoral tribunals
c. quasi-judicial and other administrative bodies
Puyat vs. De Guzman, Jr. (113 SCRA31)
-A member of Congress cannot indirectly fail to follow the
constitutional prohibition of not appearing personally as counsel
before the SEC by buying a nominal share in the corporation after
his appearance as counsel therein was contested.
(3) Sec.2, Art. IX-A, 1987 Constitution
No member of the Constitutional Commissions shall during his
tenure, hold any other office or employment neither shall be
engage in the practice of any profession.
(4) Sec.8, Art. XI, 1987 Constitution
During their tenure, the Ombudsman and his deputies, shall be
subject to the same disqualifications and as provided for in Sec.2,
Art. IX-A.
B. Rules of Court
• Sec.7, Rule 85
When the executor or administrator is an attorney, he shall not
charge against the estate any professional fees for legal services
rendered in him.
• Sec.21, [B], Rule 85
An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him, or
his advice given thereon in the course of professional
employment.
• Rule 138 - Attorney and Admission to the Bar
• Rule 138-A - Law Student Practice Rule
• Rule 139-A - Integrated Bar of the Philippines
• Rule 139-B - Grievance Procedures/Disbarment or Suspension of
Attorneys
C. Legislation
• Art. 1491[5], Civil Code
The following cannot acquire by purchase, even at public or
judicial action, either in person or through the mediation of
another: [5] justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers or employees
connected with the administration of justice the property rights in
litigation or levied upon on execution before the court within
whose jurisdiction or territory they exercise their respective
functions: these prohibition includes the act of acquiring by
assignment and shall apply to lawyers, with the respect to the
 property and rights which may be the object of any litigation in
which they take part by virtue of their profession.
• Art. 203, 222, Labor Code
Attorney’s fees
• Art. 209, RPC
Betrayal of Trust by an Attorney
• SEC. 90, TITLE III, BOOK 1, RA 7160.
Practice of Profession. - (a) all governors, city and municipal are
prohibited from practicing their profession or engaging in any
occupation other than the exercise of their functions as local chief
executives.
D. Court Decisions
E. Code of Professional Responsibility
- Drafted by the Committee of Responsibility, Discipline and
Disbarment of the IBP
- Promulgate by SC on June 21, 1988
- Being an issuance of the SC, it is binding on all lawyers
- Canons of Professional Ethics only suppletory
- In case of conflict between Canons and Code, the CPR
prevails
F. Canons of Professional Ethics
- Adopted by the American Bar Association in 1908
- Adopted by the Philippine Bar Association in its 1917 and
revised 1946 Constitutions
G. Treaties
Books containing formal and methodical exposition of the
principles of certain subjects. Authoritative treatises on legal
ethics are often cited by courts, and thus serve as sources of legal
ethics.
H. Other Sources
e.g. ABA 1983 Model Rules of Professional Conduct, ABA 1969
Model Code of Professional Responsibility
RELATION OF ETHICS AND MORALITY
Morals define personal character, while ethics stresses a social system
in which those are applied. In other words, ethics point to standards or
codes of behavior expected by the group to which the individuals
belong.
Example:
Consider a criminal defense lawyer. Though the lawyer’s
personal moral code likely finds murder immoral and
reprehensible, ethics demand the accused be defended as
vigorously as possible, even when the lawyer knows the party is
guilty and that a freed defendant would potentially lead to more
crime. Legal ethics must override personal morals for the greater
good of upholding a justice system in which the accused are
given a fair trial and the prosecution must prove guilt beyond a
reasonable doubt.
POWER TO ADMIT TO THE BAR
• Vested to the SC
• The authority of the SC over the legal profession is a constituent
element of its judicial power. Accordingly, any legislative or
executive judgment substituting that of the SC in matters
concerning the admission to the practice of law or the suspension,
disbarment or reinstatement of an attorney infringes upon and
constitutes and invalid exercise of the legislative or executive
power.
Legislative Power to Repeal, Alter or Supplement
• 1935 and 1937 Constitutions: The SC shall have the power to
‘promulgate rules concerning…the admission to the practice of
law, and the integration of the Bar, which however, may be
repealed, altered or supplemented by the Batasang Pambansa.
• 1987 Constitution: deleted the phrase re power of legislature to
repeal, alter or supplement SC rules
May you be admitted to the Philippine Bar?
Basic Requirements for Admission (Sec. 2. Rule 138, Rules of
Court):
1. Citizen of the Philippines
2. At least 21
3. Good moral character
4. Resident of the Philippines
5. Must produce before the SC satisfactory evidence of good
moral character, and that no changes against him, involving
moral turpitude have filed or are pending any court in the
Philippines.
Additional Requirements
1. Studied law for 4 years and completed all prescribed
courses*
2. Affidavit of the candidate
3. Certificate from the University or Law school
*10 courses: Civil law, Commercial law, Remedial law, Criminal law,
Public and Private International law, Political law, Labor and Social
Legislation, Medical Jurisprudence, Taxation, Legal Ethics
Pre-Law
1. 4 year High School
2. Bachelor’s Degree in Arts or Sciences with any of the
following subjects as major:
- Political Science
- Logic
- English
- Spanish
- History
- Economics
Moral Turpitude
- Offends to the generally accepted code of mankind; an act of
baseness; vileness or depravity in the private and social duties
which man owes to his fellowmen and society in general;
immoral and itself, regardless of the fact if it is punishable by law
or not; the doing of the act itself is inherently immoral and not the
prohibition by law.
Examples: robbery, adultery, bigamy, extortion, bribery, forgery, libel
and etc.
In Re: Al Argosino, 246 SCRA 14
Ø The practice of law is not a natural, absolute or constitutional
right to be granted to everyone who demands it. Rather, it is a
high personal privilege limited to citizens of good moral
character, with special educational qualifications, duly
ascertained and certified. The essentiality of good moral character
in those who would be lawyers is stressed in the following
excerpts which we quote with approval and which we regard as
having persuasive effect.
Ø It has also been stressed that the requirement of good moral
character is, in fact, of greater importance so far as the general
public and the proper administration of justice are concerned,
than the possession of legal learning. All aspects of moral
character and behavior may be inquired into in respect of those
seeking admission to the Bar. The scope of such inquiry is,
indeed, said to be properly broader than inquiry into the moral
character of a lawyer in proceedings for disbarment.
Ø The requirement of good moral character to be satisfied by those
who would seek admission to the bar must of necessity be more
stringent than the norm of conduct expected from members of the
general public. There is a very real need to prevent a general
perception that entry into the legal profession is open to
individuals with inadequate moral qualifications. The growth of
such a perception would signal the progressive destruction of our
people's confidence in their courts of law and in our legal system
as we know it.
In Re: Al Argosino, BM No. 712, March 19, 1997
The practice of law is a privilege granted only to those who
possess the strict intellectual and moral qualifications required of
lawyers who are instruments in the effective and efficient
administration of justice. It is the sworn duty of this Court not
only to "weed our" lawyers who have become a disgrace to the
noble profession of the law but, also of equal importance, to
prevent "misfits" from taking the lawyer's oath, thereby further
tarnishing the public image of lawyers which in recent years has
undoubtedly become less than irreproachable.
Warranties of the SC in Admitting a Person to the Practice of Law:
1. Person so admitted has necessary learning and proficiency
2. He is of good moral character
In Re: Dacanay, BM No. 1678, Dec. 17, 2007
Under RA9225, if a person intends to practice the legal
profession in the Philippines and he re acquires his Filipino
citizenship pursuant to its provisions “(he) shall apply with the
proper authority for a license or permit to engage in such
practice”. Stated otherwise, before a lawyer who reacquires
Filipino citizenship pursuant to RA 9225 can resume his law
practice, he must first secure from this Court the authority to do
so, conditioned on:
(a) The updating and payment in full of the annual
membership dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory
continuing legal education; this is especially significant to
refresh the applicant/petitioner’s knowledge of Philippine
laws and update him of legal developments and
(d) the retaking of the lawyers oath which will not only
remind him of his duties and responsibilities as a lawyer and
as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines
Membership in Good Standing:
a) Payment of annual membership dues in the IBP
b) Compliance with the mandatory continuing legal education
requirement
c) Faithful observance of the rules and ethics of legal profession
and being continually subject to judicial disciplinary control.
MODERN CONCEPT OF PRACTICE OF LAW
Cayetano vs. Monsod, 201 CRA 201(1991)
Practice of law means any activity, in or out of court, which
requires the application of law, legal procedure, knowledge,
training and experience. To engage in the practice of law is to
perform those acts which are characteristics of a profession.
Generally, to practice law is to give notice or render any kind of
service, which device or service required the use in any degree of
legal knowledge or skill. It is not limited to appearing in court, or
advising and assisting in the conduct of litigation, but embraces
the preparation of pleadings and other papers incident to actions
and special proceedings, corresponding, the preparation of legal
instruments of all kinds, and the giving of legal advice to clients.
OLD CONCEPT OF PRACTICE OF LAW
People vs. Villanueva, 14 CRA 109 (1965)
Criteria Determinative of Practice of Law
1) Habituality
2) Compensation
3) Application of Law, Legal Principle, Practice or Procedure
which calls for legal knowledge, training and experience
4) Attorney-Client Relationship
Scrivening
- filling blanks in standardized or stereotyped forms which involve
purely clerical work without need for any legal interpretation.
- This is not practice of law, as it does not involve the
determination by a trained mind of the legal effects of facts and
conditions.
Is Teaching of law Practice of Law?
A law professor does not actually deal with the clients whose
rights are or may be subject to legal controversies; he does not
hold himself out to the public as a lawyer, but as a mentor learned
in the law who is qualified, by reason of his legal subjects.
(Minister of Justice Opinion No. 89, s. 1986)
Practice of Law a Privilege, but also in a nature of a right
Philippine Lawyer’s Association vs. Agrava 105 Phil 173
It is a PRIVILEGE because lawyers must bow to the inherent
regulatory power of the Court to exact compliance with the
lawyer’s public responsibilities.
It is a RIGHT because the lawyer cannot be prevented from
practicing law except for valid reasons (e.g. prohibitions on some
public officers)
Who can practice Law?
• Admitted as a member of the Bar;
• Good and regular standing (Sec. 1, Rule 138, Rules of Court)
Why is the practice of law generally limited to lawyers?
- To protect party litigants’ because of the complex nature of
judicial proceedings; to protect public interest through assuring
that judicial proceedings take place with dispatch without
sacrificing justice and efficiency.

Sanctions for Unauthorized Practice of Law:
- Injunction to restrain continuation of unauthorized practice;
- Contempt of court (Sec 3 [e], Rule 71 ROC);
- Criminal prosecution;
- Damages;
- Denial of right to fees
• Manangan vs. CFI
One who masqueraded as a lawyer using the name of a deceased
lawyer was found guilty of continuous fraudulent
misrepresentation and highly improper conduct tending directly
to impede, obstruct, degrade and make a mockery of the
administration of justice. Consequently, he was adjudged in
contempt of court, severely censured and sentenced to 3 months
imprisonment.
• Shari’a lawyers who are LIB graduates but not members of the
bar are not allowed to practice before regular courts even if both
parties are Muslims.
Par. 2 Art. 143 of P.D 1038, The Code of Muslims Personal Laws
of the Philippines, provides for concurrent jurisdiction of the
Shari’a District Court with existing civil courts.
Appearance “Pro Hac Vice’’
Appearance by a lawyer who is not licensed to practice in a
jurisdiction, but only in a connection with a particular case; may
be allowed by courts under very limited instances, if the
appearance is only in an isolated case and no compensation is
charged for the service.
Appearance in “Propria Persona”or “Pro Se” Practice
Appearance in court by a non-lawyer for himself and without the
assistance of a member of the Bar.
Basis: Sec. 1, Art. III, Constitution (due process clause); Sec 1 (2)
Art.III, Constitution (due process- right to be heard by himself and
counsel, especially in criminal case ;) Sec. 3, Rule 7, and ROC (every
pleading must be signed by the party or counsel representing him…)
While Pro Se Practice is allowed, it is not advisable.
(In Re: Joaquin T. Borromeo , 241 SCRA 405)
“A little learning is a dangerous thing. He who acts as his own
lawyer has a fool for a client.”
Pro Se Practice does not apply to corporations
Otherwise, it would circumvent the prohibition on corporate
practice of law. Thus, it must hire a lawyer to collect its bills, for
instance.
Non-lawyers who are authorized to appear in court:
• GR: a non-lawyer may represents a party before the MTC
EXC: criminal case
Exc to Exc: in locality where a duty licensed member of
the Bar is not available.
• Senior law student – (in MTC) enrolled in a recognized law
school clinical educational program approved by the SC may
appear before any court, tribunal, agency, office, without
compensation, to represent indigent clients accepted by the legal
clinic of the school; under direct supervision of control of an IBP
member duty accredited by the law school; civil, criminal,
administrative (Sec 1, Rule 138-A, Rules of Court)
- Before RTC and higher courts - must be accompanied by
supervising lawyer in all his appearances
• Labor Code
1) when they represents themselves
2) they represents their organization or members thereof with
written authorization of the letter
3) duty accredited members of any legal aid office duty
recognized by DO3, or the IBP in cases referred to by the letter
• Cadastral Act
A non-lawyer can represent a claimant before a cadastral court
• Any person appointed to appear for the Government in
accordance with law
• Before the Department of Agrarian Reform Adjudication
Board
Public Officials who cannot practice law:
- Judges, other officials/employees of the superior court
- OSG officials and employees
- Government prosecutors
- P, VP, Members of the cabinet, their deputies and assistants
- Members of Constitutional Commissions
- Ombudsman and his deputies
- Governors, city and municipal mayors
- Those prohibited by special law (R.A. 6713, Sec.7, [b-2]
Public Officials with Restrictions in the Practice of Law:
• No Senator or member of the House may personally appear as
counsel before any court, electoral tribunal, quasi-judicial and
other administrative bodies.
• Sec 90, R.A. 7160 – Sanggunian members shall not:
- Appear as counsel before any court in a civil case wherein a
local government unit or any office, agency, or
instrumentality of the govt. is the adverse party
- Appear as counsel in criminal case wherein an officer or
employee of the national or local govt. is accused of an
offense committed in relation to his office
- Collect any fee for their appearance in administration
proceedings involving the LGU of which he is an official
- Use property and personnel of the govt. except when the
Sanggunian Member concerned is defending the interest of
the govt.
• Sec.1, R.A 910 - a retired justice or judge receiving pension from
the govt. cannot act as counsel in any civil case in which the govt.
or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer/employee of the govt. is accused
of an offense in relation to his office
TERMS
§ Practice of Law - any activity in or out of court which requires
the application of law, legal procedure, knowledge, training, and
experience. To engage in the practice of law is to give notice to
render any kind of service, which device or service requires the
 use in any degree of legal knowledge or skill (Cayetano v.
Monsod, 201SCRA 210)
§ Attorneys Counsel, Abogado Boseros - that class of persons who
are licensed officers of the court, empowered to appear, prosecute
and defend; upon whom peculiar duties, responsibilities are
developed by law as consequence. (Cui v. Cui 120 Phil. 729)
§ Bar - whole body of lawyers
§ Bench - whole body of judges and justice
§ Bar Admission - act by which one is licensed to practice in courts
of particular jurisdictions after satisfying certain requirements
such as bar examination, period of residency, or admission on
grounds of reciprocity.
Various Phases in Admission to the Philippine Bar:
- Furnishing satisfactory proof of educational moral and other
qualifications
- Passing the Bar examinations
- Taking the Lawyer’s Oath
- Signing the Roll of Attorneys
- Receiving from the SC Clerk of Court a Certificate of the
License to practice. (In Re. Dacanay, BM No. 1678,
December 17, 2007)
§ Attorney in fact - an agent whose authority is strictly limited by
the instrument appointing him, however, he may to do things not
mentioned in his appointment but are necessary to the
performance of the duties specifically required of him, such
authority being necessarily implied. He is not necessarily a
lawyer.
§ Counsel de Oficio - a counsel appointed or assigned by the court,
from among members of the Bar in good standing who, by reason
of their experience and ability may adequately defend the
accused.
§ Attorney ad hoc - a person named and appointed by the court to
defend an absentee defendant in the suit in which the appointment
is made (Bienvenu v. Factors of Traders Insurance Cp., 33
La.Ann. 209)
§ Attorney of Record - one who was has filed a notice of
appearance and who hence id formally mentioned in court records
as the official attorney of the party. (Reynolds v. Reynolds,
Cal.2dSBO)
§ Of Counsel - to distinguish them from attorneys of record,
associate attorneys are referred to as “of counsel’’ (5 Am.
Jur.261). - Venerable member of the firm
§ Lead Counsel - The counsel on their side of a litigated action
who is charged with the principal management and direction of a
party’s case.
§ House Counsel - Lawyer who acts as attorneys for business
though carried as an employee of that business and not as an
independent lawyer.
§ Bar Association - an association of members of the legal
profession.
§ Advocate - The general and popular name for a lawyer who
pleads on behalf of someone else.
§ Barrister (England) - a person entitled to practice law as an
advocate or counsel in superior court.
§ Solicitor (England) – a person prosecuting or defending suits in
Courts of Chancery (court which administers equity and
proceeding according to the forms and principles of equity.
§ Solicitor (Philippines) – government lawyer attached with the
Office of the Solicitor General.
§ Proctor (England) – Formerly, an attorney in the admiralty and
ecclesiastical courts whose duties and business correspond to
those of an attorney at law or solicitor in Chancery.
§ Titulo de Abogado - it means not more possession of the
academic degree of Bachelor of Laws but membership in the Bar
after due admission there to qualifying one for the practice of law.
CHAPTER ONE: THE LAWYER AND SOCIETY
CANON 1. UPHOLD THE CONSTITUTION, OBEY THE LAWS,
PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
LAWYER’S OATH - contains in capsule form the ethical
standards required for lawyers.
Justice delayed is justice denied
1. Not to unduly delay a case - lawyer was reprimanded when he
used his legal expertise to unnecessarily and unjustly delay a case
(Del Mundo vs. CA, 252 SCRA 432)
2. To delay no man for money or malice – a lawyer should not
refuse or delay a case just because he may not be paid well or as
expected by him because the legal profession is not a money-making
trade. But this does not mean that a lawyer cannot reject a case the
facts of which do not convince him to be meritorious. If the lawyer is
deliberately not paid, the honorable thing for him to do is to withdraw
from the case so as to allow the client to employ another lawyer.
3. Do no falsehood – guardians of truth.
Bongalonta vs. Castillo, 240 SCRA 310
Atty. Pablito M. Castillo is suspended because he is found guilty of
committing a falsehood in violation of his lawyer's oath and of the
Code of Professional Responsibility for using, apparently thru his
negligence, the IBP official receipt number of respondent Atty.
Alfonso M. Martija.
Moreno vs Araneta, AC No. 1109, April 27, 2005
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
owes his fellow men, or to society in general, contrary to the accepted
and customary rule of right and duty between man and woman, or
conduct contrary to justice, honesty, modesty, or good morals."
Araneta is found guilty by final judgment of estafa thru falsification of
a commercial document, a crime involving moral turpitude, for which
he has been indefinitely suspended.
Discouraging Lawsuits
 Under Rule 1.03 of CPR, a lawyer shall not for any corrupt
motive or interest, encourage any suit or proceeding or delay any
man’s cause.
Crime/Tort of Maintenance – Intermeddling of an uninterested party
to encourage a lawsuit.
A lawyer owes to the society and to the court the duty not to stir up
litigation. The following are unprofessional acts:
1) Volunteering advice to bring lawsuit except when ties of
blood, relationship and trust makes it a duty to do so.
2) Hunting up defects in titles or other causes of action; to breed
litigation by seeking out claims for personal injuries.
3) Employing agents or runners
4) Paying direct or indirect reward to those who bring or
influence the bringing of cases to his office
5) Searching for unknown heirs and soliciting that...(putol ang
slide)
Justifiable and Unjustifiable Litigation
The lawyer must decline a case when convince that it is intended
merely to harass, or to injure the opposite party or work
oppression.
A lawyer has the following duties:
• Duty to uphold the Constitution and obey the law.
• Duty not to engage in an unlawful conduct.
• Duty not to counsel illegal activities.
• Duty not to encourage lawsuits.
• Duty to encourage amicable settlements.
BARRATRY – offense of frequently inciting and stirring up quarrels
and suits; fomenting suits; then offering his legal service to one of the
parties.
AMBULANCE CHASING – a lawyer’s act of figuratively chasing
the victims of an accident for the purpose of talking to the victim of
the latter’s relatives and offering his legal services for the filing of the
case against the person who caused the accident.
Barratry Ambulance Chasing
- Any action - personal injury action
- suits before any fora. - cases brought to courts
Recognized evils of ambulance chasing:
1) Fomenting of litigation; burden on courts and society
2) Subornation of perjury
3) Mulcting of innocent persons by judgments upon manufactured
causes of action
4) Defrauding injured persons having proper causes of action but
ignorant of their legal rights and court procedures by means of
contracts which retain exorbitant percentages of recovery and
illegal charges for court costs and expenses and by settlement
made for quick returns of and expenses and by settlement made
for quick returns of fees and against just rights of the injured
persons.
CANON 2. MAKING AVAILABLE EFFICIENT LEGAL
SERVICES
Canon 2.01 – A lawyer shall not reject except for valid reasons the
cause of the defenseless or oppressed
• Valid reasons to decline engagement: (Rule 14.03 – not in a
position to carry out the work effectively and competently; he
labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client)
• Must exercise the same degree or standard of diligence accorded
to paying clients; legal aid is not a matter of charity but a public
responsibility.
Bar Matter No. 2012, Feb. 10, 2009
All practicing lawyers are required to render a minimum of 60 hours
of free legal aid services to indigent litigants in a year. Clerks of Court
and IBP Legal Aid Chairperson of the IBP Chapter are designated to
coordinate with the lawyer for cases where he may render legal aid
service.
The following lawyers are excluded in the term “practicing lawyer”:
1) Government employees and incumbent elective officials not
allowed by law to practice;
2) Lawyers who by law are not allowed to appear in court;
3) Supervising lawyers of students enrolled in law student practice
in duly accredited legal clinics of law schools and lawyers of non-
governmental organizations (NGOs) and people’s organizations
(POs) like the Free Legal Assistance Group who by the nature of
their work already render free legal aid to indigent and pauper
litigants and
4) Lawyers not covered under paragraph (1) to (3) including those
who are employed in the private sectors but do not appear for and
in behalf of parties in courts of law or quasi-judicial agencies.
Indigent and Pauper litigants - those whose gross income and that of
their family do not exceed an amount double the monthly minimum
wage of an employee and those who do not own any real property.
They are exempt from payment of any docket fees and lawful fees as
well as transcript of stenographic notes.
Penalties:
§ Lawyers who fail to meet the required minimum number of hours
of legal aid service each year required by the IBP without
satisfactory explanation:
• P4,000
• “not in good standing” status
• not allowed to appear in court and in any quasi-judicial
body as counsel for 3 months
§ Lawyers who fail to comply with the duties in the Rule for 3
consecutive years:
• Subject to disciplinary proceedings
• May be suspended from the practice of law for 1 year.
Canon 2.02 – In such a case, even if a 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 latter’s right. (Immediate
legal advice)
Canon 2.03 – A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business. (Solicitation – discussed
together with Canon 3)
Canon 2.04 – A lawyer shall not charge rates lower than those
customarily or prescribed, unless circumstances so warrant.
• Consider the IBP Chapter approved Schedules of Attorney’s
Fees
 • To avoid demeaning and degrading competition
Ulep vs. Legal Clinic, Inc., 223 SCRA 378
CPR provides that a lawyer in making known his legal services shall
use only true, honest, fair, dignified and objective information or
statement of facts. He is not supposed to 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.
Nor shall he pay or give something of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal
business. Prior to the adoption of the CPR, the CPE had also warned
that lawyers should not resort to indirect advertisements for
professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection
with causes in which the lawyer has been or is engaged or concerning
the manner of their conduct, the magnitude of the interest involved,
the importance of the lawyer's position, and all other like self-
laudation.
It is allowed when solicitation is done through simple signs:
• Stating the name(s) of the lawyer(s)
• Professional cards bearing the name of the lawyer(s), the office,
residence address, special lines in law.
• Advertisement in legal periodicals bearing the same brief data
• Use of calling cards with a formal picture.
CANON 3. USE OF TRUE, HONEST, FAIR AND OBJECTIVE
INFORMATION IN MAKING KNOWN LEGAL SERVICE
Advertising
GR: A lawyer cannot advertise his talent, as he is a member of an
honorable profession the primary purpose of which is to render public
service and secure justice; remuneration is a mere incident.
EXC: (Permissable Advertisement)
1. Writing legal articles; for legal publications in which he gives
information upon the law but he cannot accept employment from
such publication to advise inquiries in respect to individual rights
of persons.
2. Law list, but only brief biographical and informative data
3. Ordinary professional cards
4. Notice to other local lawyers and publishing in a legal journal of
one’s availability
5. Proffer of free legal services to indigent, even when broadcasted
over the radio or tendered through circulation of printed matter to
the general public
6. Simple announcement of the opening of a law firm or of changes
in the partnership, firm name or office address, being for the
convenience of the profession
7. Listing in a phone directory but not on a designation of a special
branch of….(putol ang slide J)
Solicitation of cases constitutes malpractice
The law prohibits from soliciting cases for the purpose of gain,
either personally or through paid agents or brokers (Rule 138, Sec. 27,
ROC)
Use of Law Firm Name:
1. In the choice of a firm name, no false, misleading or assumed
name shall be used. The continued use of a deceased partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased. This rule
abandoned the doctrine in the case of In Re: Sycip, 92 SCRA 1
(1979).
2. Where a partner accepts public office, he shall withdraw from the
firm and his name shall be dropped from the firm name unless the
law allows him to practice concurrently.
3. Filipino lawyers cannot practice law under the name of a foreign
law firm, as the latter cannot practice in the Philippines and the
use of a foreign law firm name in the country is unethical.
CANON 4. PARTICIPATE IN THE IMPROVEMENT OF THE
LEGAL SYSTEM
Examples:
Ø Present position papers or resolutions for the introduction of
pertinent bills in Congress
Ø Petition with the SC for the amendment of the ROC
CANON 5. KEEP ABREAST OF LEGAL DEVELOPMENTS AND
PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAM
Bar Matter No. 850: MANDATORY CONTINUING LEGAL
EDUCATION, August 8, 2000
• Purpose: To ensure that throughout their career, they keep abreast
with law and jurisprudence, maintain the ethics of the profession
and enhance the practice of law
• Requirements for Completion of MCLE: (36 hours of continuing
legal education activities per 3 years)
> 6 hours – Legal Ethics
> 4 hours – Trial and Pre-trial Skilss
> 5 hours – Alternative Dispute Resolution
> 9 hours – Updates on Substantive and Procedural Laws and
Jurisprudence
> 4 hours – Writing and Local Advocacy
> 2 hours – International Law and International Conventions
> 6 hours – Other Subjects as may be prescribed by the MCLE
Committee
• Persons Exempted from MCLE:
1) The President, Vice-President of the Philippines,
and the Secretaries and Undersecretaries of the
Executive Departments of the Philippine
Government;
2) The Chief State Counsel, Chief State Prosecutor,
and Assistant Secretaries of the Department of
Justice;
3) The Solicitor General and the Assistant Solicitors
General;
4) The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
5) Heads of government agencies exercising quasi-
judicial functions;
6) Senators and Members of the House of Representatives;
7) The Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the Judiciary,
incumbent members of the Judicial and Bar Council, and
incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
8) The Chairmen and Members of the
Constitutional Commissions;
 9) The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman and the
Special Prosecutor of the Office of the
Ombudsman.
10) Incumbent deans, bar reviewers and professors of
law who have had teaching experience for at
least ten (10) years in accredited law schools;
11) The Chancellor, Vice-Chancellor and members
of the Corps of Professors and Professiorial
Lecturers of the Philippine Judicial Academy;
12) Governors and mayors;
13) Non-Practicing Lawyers
- Lawyers who are not in practice, whether
private or public; and
- Those who have retired from law practice with the
approval of the IBP Board of Governors.
Good Causes for Exemption from or Modification of Requirement:
• Verified Request
• Grouds
- Physical Disability
- Illness
- Post-graduate Study abroad
- Proven expertise in Law
Consequences for Non-compliance:
1. Listed as a delinquent member by the IBP Board of Governors
upon the recommendation of the Committee on MCLE
(The listing as delinquent member is administrative in nature but shall
be made with notice and hearing by the Committee on MCLE.)
Bar Matter No. 1922 (June 3, 2008) - REQUIRES practicing
members of the bar to INDICATE in all pleadings filed before the
courts or quasi-judicial bodies, the number and date of issue of their
MCLE Certificate of Compliance or Certificate of Exemption, as may
be applicable, for the immediately preceding compliance period.
Failure to disclose the required information would cause the dismissal
of the case and the expunction of the pleadings from the records.
CANON 6. APPLICABILITY OF THE CPR TO LAWYERS IN THE
GOVERNMENT SERVICE
• A lawyer does not shed his professional obligations upon his
assuming public office
• The Code of Judicial Conduct governs lawyers who are
incumbent judges. They cannot be investigated by the IBP
Commission on Bar Discipline
R.A. 6713 – Code of Conduct and Ethical Standards for Public
Officials and Employees
§ Public Officials (including government lawyers)
- Elective, appointive, temporary, permanent, career, non-
career (including military and police), whether or not they
receive compensation, regardless of the amount
§ Government lawyers are prohibited to engage in private practice
unless authorized by the Constitution or law, provided that such
practice will not conflict or tend to conflict with their functions
(Sec. 7 [b-2])
§ The prohibition will continue for 1 year after their separation
from public office. In connection with any matter pending before
the office they used to be with. (Sec. 7 [3])
Canon 6.01 – Lawyers engaged in public prosecution
• Primary duty is not to convict but to see that justice is done.
• The suppression of facts or concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
• A prosecutor is a quasi-judicial officer. Thus, he should seek
equal and impartial justice. He should be as much concern with
seeing that no innocent man suffers as in seeing that no guilty
man escapes.
• If a prosecution finds that there is no sufficient evidence:
- In the preliminary investigation: resolve to the effect that
there is no probable cause
- If case has already been filed: file a motion before the court
for the dismissal of the action
- If case on appeal: recommend before the appellate court the
acquittal of the accused
Canon 6.02 – A lawyer in the government service shall use his public
position to promote or advance his interests, nor allow the latter to
interfere with his public duties
• General Rule: A lawyer who holds public office may not be
disciplined as a member of the Bar for misconduct in the
discharge of his duties as a government official.
• Exception: Misconduct is of such character as to affect his
qualification as a lawyer or to show moral delinquency, then he
may be discipline as a member of the bar.
Canon 6.03 – After leaving the government, a lawyer shall not accept
engagement or employment in connection with any matter in which he
had intervened while in said service (otherwise, tantamount to the
representation of conflicting interest)
PCGG vs. Sandiganbayan, GR No. 151805
• “Matter” - any discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and specific
party, and not merely an act of drafting, enforcing or interpreting
government or agency procedures, regulations or laws, or briefing
abstract principles of law.
• "Intervene" – includes an act of a person who has the power to
influence the subject proceedings.
• Rule 6.03 is intended to avoid conflict of loyalties, i.e., that a
government employee might be subject to a conflict of loyalties
while still in government service.
• The evils sought to be remedied by the Rule do not exist where
the government lawyer does an act which can be considered as
innocuous such as ". . . drafting, enforcing or interpreting
government or agency procedures, regulations or laws, or briefing
abstract principles of law."
• The act of respondent Mendoza in informing the Central Bank on
the procedure how to liquidate GENBANK is a different matter
from the subject matter of Civil Case No. 0005 which is about the
sequestration of the shares of respondents Tan, et al., in Allied
Bank. Consequently, the danger that confidential official
information might be divulged is nil, if not inexistent.
• The subject "matter" of Sp. Proc. No. 107812, therefore, is not the
same nor is related to but is different from the subject “matter” in
Civil Case No. 0096. Civil Case No. 0096 involves the
sequestration of the stocks owned by respondents Tan, et al., in
Allied Bank on the alleged ground that they are ill-gotten. The
case does not involve the liquidation of GENBANK. Nor does it
involve the sale of GENBANK to Allied Bank.
CHAPTER 2: THE LAWYER AND THE LEGAL PROFESSION
In a nutshell:
- Uphold the integrity and dignity of the legal profession and
support the IBP
- Be courteous, fair and frank to fellow lawyers
- Not to assist in the unauthorized practice of law
- Not to encroach upon the employment of another lawyer
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
Canon 7.01 – A lawyer shall be answerable for knowingly making
false statement or suppressing a material fact, in connection with his
application for admission to the bar
Consequences:
• Discovered before the candidate could take the Bar Examinations:
he will be denied permission to take the Bar
• Discovered after passing the Bar Exam but before having taken
his oath: he will not be allowed to take his oath as a lawyer
• Discovered after the candidate had taken his oath as a lawyer: his
name will be stricken from the Roll of Attorneys
In Re: Ramon Galang (66 SCRA 282)
Under oath: “He has not been charged with any offense before a
Fiscal, Municipal Judge, or other officers; or accused of, indicted for
or convicted by any court or tribunal of any crime involving moral
turpitude; nor is there a pending case against him.” But he
intentionally withheld his criminal case of slight physical injuries
which was still pending.
He was allowed to take the Bar 7 times due to such concealment and
allowed to take his oath on 1972. LICENSE REVOKED.
• If what is concealed is a crime not involving moral turpitude,
concealment is itself evidence of sufficient lack of moral
character.
Canon 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 aid in guarding the Bar against admission to the
profession of candidates unfit or unqualified for being deficient in
either moral character or education (Canon 29, CPE)
• Violation makes a lawyer liable for disciplinary action; gross
misconduct in office. (Rule 138, Sec. 27, ROC)
Canon 7.03 – A lawyer shall not engage in conduct that adversely
reflects in 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
• Commission of unlawful act though not related to the discharge
Integrated Bar Bar Associations
Compulsory Voluntary
Sine qua non to the practice
No
of law
Violation on rules of
integration is sufficient
No
cause for disbarment of
suspension
Shall not operate at cross-
purposes with the IBP
(should not obstruct or
defeat the purpose of IBP)
of professional duties which puts his moral character in serious
doubt, renders him unfit to continue practicing law.
• Right to privacy is not a defense
INTEGRATED BAR OF THE PHILIPPINES (Rule 139–A, Rules
of Court)
Ø Official state organization requiring membership and financial
support of all attorneys as a condition precedent to the practice of
law.
Ø National organizations of lawyers (IBP) created January 16, 1973
pursuant to Rule 139-A ROC
Ø Constituted as body corporate by the issuance of P.D. 181.
In Re: Edillon, 84 SCRA 554
Is Bar Integration constitutional?
§ Valid exercise of police power over an important profession
§ Legal practice not a right but a privilege
§ SC has plenary power in all cases regarding the admission to and
supervision of the practice of law
§ Not violative of the freedom of association. Integration does not
make a lawyer a member of any group of which he is not already
a member
§ Only compulsion is the payment of annual dues; cost of
improving the profession should be shared by the subjects and
beneficiaries of the regulatory program, the lawyers.
§ The provisions of Rule 139-A of the Rules of Court ordaining the
integration of the Bar of the Philippines and the By-Laws of the
Integrated Bar of the Philippines is neither unconstitutional nor
illegal, and a lawyer's stubborn refusal to pay his membership
dues to the Integrated Bar of the Philippines, notwithstanding due
notice, in violation of said Rule and By-Laws, is a ground for
disbarment and striking out of his name from the Roll of
Attorneys of the Court.
Santos vs. Llamas, AC No. 4749
§ The exemption granted by RA 7432 to senior citizens from
paying individual income tax does not exempt lawyers who are
likewise senior citizens from paying IBP dues and privilege tax.
§ Llamas can engage in the practice of law only by paying his dues,
 and it does not matter that his practice is "limited."
§ By indicating "IBP-Rizal 259060" in his pleadings and thereby
misrepresenting to the public and the courts that he had paid his
IBP dues to the Rizal Chapter, respondent is guilty of violating
Canon 1.01 and Canon 7.
§ Llamas' failure to pay his IBP dues and his misrepresentation in
the pleadings he filed in court, indeed merit the most severe
penalty. However, in view of his advanced age and his express
willingness to pay his dues and plea for a more temperate
application of the law, the penalty of one year suspension from
the practice of law or until he has paid his IBP dues, whichever is
later, is appropriate.
CANON 8. A LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL
Canon 9.02 – A lawyer shall not divide or stipulate to divide a feel for
legal services with persons nit licensed to practice law, except:
a) Where there is a pre-existing agreement with the partner or
associate that, upon latter’s death, money shall be paid over
a reasonable period of time to his or to the persons specified
in the agreement;
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 profit-sharing arrangement.
• No sharing of legal fees to:
- Non-lawyer
- Unqualified person
> To ensure that legal work is being done by the lawyer
personally
• Letter (b) means that the lawyer who completed the legal business
can share the legal fees to the estate of the deceased lawyer.

Canon 8.01 – A lawyer shall not, in his professional dealings, use

language which is abusive, offensive or otherwise improper
• Should be observe even in the pleadings that the lawyers file

• Forceful but dignified, emphatic but respectful

• Clients, not the lawyers, are litigants

Canon 8.02 – A lawyer shall not, directly or indirectly, encroach upon

the professional employment of another lawyer; however, it is the
right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful
counsel
• A lawyer should not steal clients

• A lawyer shall not negotiate with the opposite party who is

represented by a counsel, without the latter’s knowledge or
presence

• A lawyer may however interview any witness or prospective

witness of the adverse party

CANON 9. A LAWYER SHALL NOT DIRECTLY OR

INDIRECTLY ASSIST IN THE AUTHORIZED PRACTICE OF
LAW
Ø Only those licensed by the SC may practice law in this
country.

Canon 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
• Delegation to a non-lawyer, or to a disbarred lawyer, suspended
lawyer, alien lawyer --- UNETHICAL

• Is delegation of task to a para-legal allowed?

- What does a para-legal do? Research, drafts pleadings, drafts
paper work. Under Cayetano vs. Monsod case, functions of a
para-legal are within the definition of the practice of law. But
at the end of the day, the legal work done by a para-legal is a
work-product of the lawyer’s whose name and signature is
on the paper work.