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that no person may be deprived of life or

liberty, but by due process of law
II. Duties and
Responsibilities of a CODE OF PROFESSIONAL RESPONSIBILITY
(hereinafter CPR)
Lawyer A. TO SOCIETY (CANONS 1-6)

Under the Sec. 20, Rule 138, RoC, it is the duty A.1. RESPECT FOR LAW AND LEGAL
of an attorney:
PROCESSES
(1) To maintain allegiance to the Republic of
the Philippines and to support the Canon 1. A lawyer shall uphold the Constitution,
Constitution and obey the laws of the obey the laws of the land and promote respect for
Philippines; law and legal process.
(2) To observe and maintain the respect due
to the courts of justice and judicial officers;
NOTE: Canon 1 is the 3rd top source of
(3) To counsel or maintain such actions or
Questions on the Code of Professional
proceedings only as appear to him to be
Responsibility. It was asked 18 times in the last
just, and such defenses only as he believes
20 years as of 2014 [Lex Pareto (2014 ed)]
to be honestly debatable under the law;
Freedom of speech and of expression, like all
(4) To employ, for the purpose of maintaining
constitutional freedoms, is not absolute and
the causes confided to him, such means
that freedom of expression needs on occasion
only as are consistent with truth and
to be adjusted to and accommodated with the
honor, and never seek to mislead the
requirements of equally important public
judge or any judicial officer by an artifice or
interests. One of these fundamental public
false statement of fact or law;
interests is the maintenance of the integrity
(5) To maintain inviolate the confidence, and and orderly functioning of the administration
at every peril to himself, to preserve the of justice [Zaldivar v. Gonzales, G.R. Nos.
secrets of his client, and to accept no 79690-707 and 80578 (1988)].
compensation in connection with his
Pursuant to Zaldivar v. Gonzales, G.R. Nos.
client’s business except from him or with
79690-707 and 80578 (1988)], the
his knowledge and approval;
responsibility of a ‘public’ lawyer (such as
(6) To abstain from all offensive personality Special Prosecutor), who owes duties of
and to advance no fact prejudicial to the fidelity and respect to the Republic and to the
honor or reputation of a party or witness, Supreme Court as the embodiment and the
unless required by the justice of the cause repository of the judicial power in the
with which he is charge; government of the Republic, to uphold the
dignity and authority of the Supreme Court
(7) Not to encourage either the
and not to promote distrust in the
commencement or the continuance of an
administration of justice is heavier than that of
action or proceeding, or delay any man’s
a private practicing lawyer [Zaldivar v.
cause, from any corrupt motive or interest;
Gonzales, G.R. Nos. 79690-707 and 80578
(8) Never to reject, for any consideration (1988)].
personal to himself, the cause of the
defenseless or oppressed;
(9) In the defense of a person accused of
Rule 1.01. A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
crime, by all fair and honorable means,
conduct.
regardless of his personal opinion as to
the guilt of the accused, to present every
defense that the law permits, to the end
UNLAWFUL CONDUCT
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An unlawful conduct is act or omission which (5) The issuance of checks without sufficient
is against the law. Dishonesty involves lying or funds to cover the same. [Aca v. Salvado,
cheatsng [Agpalo (2004)] A.C. No. 10952, (2016)]

IMMORAL CONDUCT AND GROSSLY NOT GROSSLY IMMORAL

IMMORAL CONDUCT DISTINGUISHED
(1) Mere intimacy between a man and a
Immoral Conduct Grossly Immoral woman, both of whom possess no
Conduct impediment to marry, voluntarily carried
and devoid of deceit on the part of the
Acts that are willful, When it is so corrupt respondent, even if a child was born out of
flagrant, or as to constitute a wedlock of such relationship; it may
shameless, and that criminal act, or so suggest a doubtful moral character but
show a moral unprincipled as to be not grossly immoral [Figueroa v.
indifference to the reprehensible to a Barranco, SBC Case No. 519 (1997)]
opinion of the high degree, or
upright and when committed (2) Stealing a kiss from a client [Advincula v.
respectable under such Macabata, A.C. No. 7204 (2007)]
members of the scandalous or (3) Making sexual advances towards a client,
community revolting but stopping right after the client refused
circumstances as to such advances [Roa v Moreno, A.C. 8382
shock the (2010)].
community’s sense
of decency
Penalty of A lawyer may not be disciplined for failure to
disbarment pay her obligation [Toledo v. Abalos, 315
SCRA 419 (1999)], but unwarranted obstinacy
in evading the payment of a debt has been
[Perez v. Catindig, A.C. No. 5816 (2015) considered as a gross misconduct.
[Constantino v. Saludares, 228 SCRA 233
(1993)].
GROSSLY IMMORAL ACTS
(1) Wanton disregard for the sanctity of MORAL TURPITUDE
marriage as shown when the lawyer
pursued a married woman and thereafter Moral turpitude includes everything which is
cohabited with her [Guevarra v. Eala, A.C. done contrary to justice, honesty, modesty, or
No. 7136 (2007)] good morals. It involves an act of baseness,
vileness, or depravity in the private duties
(2) Rape of a neighbor’s wife, which which a man owed his fellowmen, or to society
constitutes serious moral depravity, even in general [Barrios v. Martinez, A.C. No. 4585
if his guilt was not proved beyond (2004)].
reasonable doubt in the criminal
prosecution for rape [Calub v. Suller, A.C. Murder, estafa, rape, violation of Batas
No. 1474 (2000)] Pambansa Blg. 22 (Bouncing Checks Law),
bribery, bigamy, adultery, seduction,
(3) Obtaining money from a client, without abduction, concubinage and smuggling are
rendering proper legal services, and considered crimes involving moral turpitude.
appropriating the proceeds of the
insurance policies of the client’s deceased Issuance of bouncing checks reflects on the
husband [Freeman v. Zenaida, A.C. 6246 lawyer’s moral character and he may be
(2011)] disciplined. [Lex Pareto, Bar 2001, 2002]
(4) Falsifying documents [Cobalt Resources, A lawyer is obligated to promote respect for
Inc. v Aguardo, A.C. 10781, (2016)] legal processes. This includes order of the

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commission on Bar Discipline of the IBP. [Lex
Pareto, Bar 2002]
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 to
malpractice of gross misconduct in his office
[In re: Terrell, G.R. No. 1203 (1903)].
A lawyer should advise his client to uphold the
law, not to violate or disobey it. Conversely, he
should not recommend to his client any
recourse or remedy that is contrary to law,
public policy, public order, and public morals
[Coronel v. Cunanan, A.C. 6738 (2015)].
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]
Other prohibited acts include:
(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
(3) [Agpalo (2004)]
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.
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LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
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’s conduct of vindictiveness is 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 Refers to any action
injury
Refers to cases Refers to suits
brought before before judicial or
judicial bodies 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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A.2. EFFICIENT, CONVENIENT LEGAL
SERVICES
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.
NOTE: Asked 4 times in the last 20 years as of
2014 [Lex Pareto (2014 ed)]
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 Constitution]
A person in need of legal services should be
able to find a lawyer who is qualified to provide
them. It is the responsibility of the bar to make
such services available [Agpalo (2004)].
Rule 2.01. A lawyer shall not reject, except
for valid reasons, the cause of the
defenseless or the oppressed.
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)]
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 [Sec. 1, Art. 1, IBP Handbook, Guidelines
Governing the Establishment and Operation
of the Legal Aid Office].
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LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
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 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.
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, G.R. No. 32329, (1929), cited in Lex
Pareto (2014); Linsangan v. Tolentino, A.C.
6672(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
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through paid agents or brokers, constitutes The most worthy and effective
malpractice [Sec. 27, Rule 138, RoC]. advertisement possible, even for a young
A lawyer is not prohibited from engaging in lawyer, and especially with his brother
business or other lawful occupation. lawyers, is the establishment of a well-
Impropriety arises, though, when the business merited reputation for professional capacity
is of such a nature or is conducted in such a and fidelity to trust. This cannot be forced,
but must be the outcome of character and
manner as to be inconsistent with the lawyer’s
duties as a member of the bar. This conduct [Canon 27, Canons of Professional
inconsistency arises when the business is one Ethics; In re: Tagorda, supra].Rule 3.01. A
that can readily lend itself to the procurement lawyer shall not use or permit the use of any
of professional employment for the lawyer; or false, fraudulent, misleading, deceptive,
that can be used as a cloak for indirect undignified, self-laudatory or unfair
solicitation on the lawyer’s behalf; or is of a statement or claim regarding his
nature that, if handled by a lawyer, would be qualifications or legal services.
regarded as the practice of law [Villatuya v.
Tabalingcos, A.C. 6622 (2012)
ALLOWABLE ADVERTISEMENT
(1) Ordinary simple professional card;
Rule 2.04. A lawyer shall not charge rates
(2) Publication in reputable law list with brief
lower than those customarily prescribed
biographical and other informative data
unless the circumstances so warrant.
which may include:
(a) Name;
Ratio: the practice of law is profession and not
(b) Associates;
a trade. It is improper to lower your legal rates
just because another lawyer has offered a (c) Address;
lower legal fee. [Lex Pareto (2014)]
(d) Phone numbers;
This rule prohibits the competition in the
(e) Branches of law practiced;
matter of charging professional fees for the
purposed of attracting clients in favor of the (f) Birthday;
lawyer who offers lower rates. The rule does (g) Day admitted to the bar;
not prohibit a lawyer from charging a reduced
fee or none at all to an indigent or to a person (h) Schools and dates attended;
who would have difficulty paying the fee (i) Degrees and distinctions;
usually charged for such services [Agpalo
(2004)] (j) Public or quasi-public offices;
(k) Posts of honor;
A.3. TRUE, HONEST, FAIR, DIGNIFIED & (l) Legal authorships;
OBJECTIVE INFORMATION ON LEGAL (m) Teaching positions;
SERVICES
(n) Associations;
Canon 3. A lawyer in making known his
legal services shall use only true, honest, (o) Legal fraternities and societies;
fair, dignified and objective information or (p) References and regularly represented
statement of facts. clients must be published for that
purpose [Ulep v. The Legal Clinic, Inc.,
B.M. No. 553 (1993)];
NOTE: Canon 3 is 5th top source of Questions
on CPR. Asked 12 times in the last 20 years as (3) Publication of simple announcement of
of 2014 [Lex Pareto (2014)] opening of law firm, change of firm;
(4) Listing in telephone directory but not
under designation of special branch of
law;
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(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.
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.
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.
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)].
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)].
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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 [Agpalo (2004)]
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 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 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
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LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
meting an appropriate disciplinary measure,
even a penalty to the one liable. [Cruz v. Salva,
G.R. No. L-12871 (1959)]
A.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)]
This is a duty that flows from the lawyer’s
sense of public responsibility [Agpalo
(2004)].
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 RoC.
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)].
A.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.
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B.M. 850, as amended
(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 IBP 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 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."
Pursuant to Supreme Court Resolution dated
January 14, 2014, the phrase “failure to
disclose the required information would cause
the dismissal of the case and the expunction
of the pleadings from the records” in B.M.
1922 (2008) is repealed and amended to read,
“failure to disclose the required information
would subject the counsel to appropriate
penalty and disciplinary action.”
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)]
See also: V. Mandatory Continuing Legal
Education (MCLE) below
There is no doubt that Atty. Flores failed to
obey the trial court’s order to submit proof of
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LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
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. 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)]
A.6. 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)]
Where a lawyer’s misconduct as a government
official is of such nature as to affect his
qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a
member of the bar on such grounds. Although
the general rule is that a lawyer who holds a
government office may not be disciplined as a
member of the bar for infractions he
committed as a government official, he may,
however, be disciplined as a lawyer if his
misconduct constitutes a violation of his oath
a member of the legal profession [Ali v Butong,
A.C. 4018 (2005)].
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)]
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When may a former government lawyer be
prohibited from accepting a legal
engagement? [Lex Pareto (2014)]
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
Sec. 4, RA 6713 provides the norms of conduct
of public officials and employees.
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)]
1. To protect the interest of the State (As the
criminal case is in reality a crime against
the State)
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.
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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.
A lawyer should not use his position to feather
his private law practice and accept any private
legal business that may conflict with his
official duties. In case of conflict, he should
terminate his professional relationship, and
his official duties must prevail [Agpalo (2004)].
Government employees are expected to
devote themselves completely to public
service. For this reason, the private practice of
profession is prohibited [Ramos v. Imbang,
A.C. 6788 (2007)].
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)].
UP LAW BOC LEGAL ETHICS LEGAL AND JUDICIAL ETHICS

prohibitions continue to apply for a period of

one year after the public official or employee’s
Rule 6.03. A lawyer shall not, after leaving
resignation, retirement, or separation from
government service, accept engagement or
public office, except for the private practice of
employment in connection with any matter
profession under subsection (b)(2), which can
in which he had intervened while in said
already be undertaken even within the one-
service.
year prohibition period. As an exception to this
exception, the one-year prohibited period
applies with respect to any matter before the
HOW GOVERNMENT LAWYERS MAY LEAVE
office the public officer or employee used to
GOVERNMENT SERVICE:
work with. [Query of Karen Silverio-Buffe, A.M.
(1) Retirement; 08-6-352-RTC (2009)].
(2) Resignation;
(3) Expiration of the term of office; B. TO THE LEGAL PROFESSION
(4) Abandonment; (CANONS 7-9)
(5) Dismissal
B.1. IBP
General rule: Practice of profession is allowed
i. Bar Integration
immediately after leaving public service.
The Supreme Court may adopt rules of court
Exceptions: The lawyer cannot practice as to
to effect the integration of the Philippine Bar
matters with which he had connection during
under such conditions as it shall see fit in order
his term. This prohibition lasts:
to raise the standards of the legal profession
(1) For one year, if he had not intervened; improve the administration of justice and
enable the bar to discharge its public
(2) Permanently, if he had intervened.
responsibility more effectively. [Sec. 1, RA
The “matter” contemplated are those that are 6397 (An Act Providing for the Integration of
adverse-interest conflicts (substantial the Philippine Bar, and Appropriating Funds
relatedness and adversity between the Therefor.].
government matter and the new client’s
Integration does not make a lawyer a member
matter in interest) and congruent-interest
of any group of which he is not already a
representation conflicts (prohibits lawyers
member. He became a member of the Bar
from representing a private practice client
when he passed the Bar Examinations. All that
even if the interests of the former government
integration actually does is to provide an
client and the new client are entirely parallel).
official national organization for the well-
“Intervention” should be significant and
defined but unorganized and uncohesive
substantial which can or have affected the
group of which every lawyer is already a
interest of others (i.e. an act of a person has
member [In the matter of the IBP, 49 SCRA 22
the power to influence the subject
(1973)].
proceedings) [PCGG v. Sandiganbayan, G.R.
Nos. 151809-12 (2005)]. The IBP is essentially a semi-governmental
entity, a private organization endowed with
Sec. 7 of RA 6713 generally provides for the
certain governmental attributes. While it is
prohibited acts and transactions of public
composed of lawyers who are private
officials and employees. Sec. 7(b)(2) prohibits
individuals, the IBP exists to perform certain
them from engaging in the private practice of
vital public functions and to assist the
their profession during their incumbency. As
government particularly in the improvement
an exception, a public official or employee can
of the administration of justice, the upgrading
engage in the practice of his or her profession
of the standards of the legal profession, and
under the following conditions: first, the
its proper regulation.
private practice is authorized by the
Constitution or by the law; and second, the The basic postulate of the IBP is that it is non-
practice will not conflict, or tend to conflict, political in character and that there shall be
with his or her official functions. The neither lobbying nor campaigning in the
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