Present Basis of the Philippine Legal System: Code of
Professional Responsibility.
BAR  V.  BENCH
BAR – Refers to the whole body of attorneys and body
of judges.
BENCH – denotes the whole body of counselors,
collectively the members of the legal profession.
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 or render any kind of
service, which or devise or service requires the use in
any degree of legal knowledge or skill (Cayetano v.
Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are
licensed officers of the courts, empowered to appear
prosecute and defend and upon whom peculiar duties,
responsibilities, and liabilities are developed by law as
a consequence (Cui v. Cui, 120 Phil. 729).
Attorney in fact – an agent whose authority is strictly
limited by the instrument appointing him, though he
may do things not mentioned in his appointment
necessary to the performance of the duties specifically
required of him by the power of attorney appointing
him, such authority being necessarily implied.  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.
Note: In localities where members of the Bar are not
available, the court may appoint any person, resident
of the province and good repute for probity and ability,
to defend the accused. Sec. 7, Rule 116, Rules of
Court.
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.
Factor’s of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record – one who has filed a notice of
appearance and who hence is formally mentioned in
court records as the official attorney of the party.
Person whom the client has named as his agent upon
whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of
record, associate attorneys are referred to as “of
counsel” (5 Am. Jur. 261).
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 attorney 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.
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 mere possession of
the academic degree of Bachelor of Laws but
membership in the Bar after due admission thereto,
qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and
regulate the practice of law. Thus, the Constitution,
under  Article  VIII, Sec. 5 (5) provides:
                        Sec. 5. The Supreme Court shall have
the following powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal
assistance to the under privileged.
The Supreme Court acts through a Bar Examination
Committee in the Exercise of his judicial function to
admit candidates to the legal profession.
The Bar Examination Committee:
 Composed of (1) member of the Supreme Court
who acts as Chairman and eight (8) members of
the bar.
 The 8 members act as examiners for the 8 bar
subjects with one subject assigned to each.
 The Bar Confidant acts as a sort of liason
officer between the court and the Bar Chairman
 on the other hand, and the individual members appointed by him for that purpose (Sec. 34, Rule
of the committee on the other.  He is at the 138, RRC)
same time a deputy clerk of court. 2. Before any other court: Party to the litigation,
 Admission of examinees is always subject to the in person (Ibid.)
final approval of the court. 3. Criminal case before the MTC in a locality
Practice of Law where a duly licensed member of the Bar is not
The practice of law is a privilege granted only to those available: the judge may appoint a non-lawyer
who possess the STRICT INTELLECTUAL AND MORAL who is:
QUALIFICATIONS required of lawyers who are 1. resident of the province
2. of good repute for probity and ability
instruments in the effective and efficient
to aid the accused in his defense (Rule
administration of justice. (In Re: Argosino, 1997).
116, Sec. 7, RRC).
Requirements  for admission to the Bar:
4. Legal Aid Program – A senior law student, who
1. citizen of the Philippines
is enrolled in a recognized law school’s clinical
2. at least 21 years old
education program approved by the supreme
3. of good moral character
Court may appear before any court without
4. Philippine resident
compensation, to represent indigent clients,
5. Production before the supreme court
accepted by the Legal Clinic of the law
satisfactory evidence of:
school.  The student shall be under the direct
1. good moral character
supervision and control of an IBP member duly
2. no charges against him, involving moral
accredited by the law school.
turpitude, have been filed or are pending
5. Under the Labor code, non-lawyers may appear
in any court in the Philippines.
before the NLRC or any Labor Arbiter, if
Requirement of Good Moral Character: a continuing
1. they represent themselves, or if
requirement; good moral character is not only a 2. they  represent their organization or
condition precedent for admission to the legal members thereof (Art 222, PO 442, as
profession, but it must also remain intact in order to amended).
maintain one’s good standing in that exclusive and 6. Under the Cadastral Act, a non-lawyer can
honored fraternity. (Tapucar vs. Tapucar, 1998) represent a claimant before the Cadastral
Academic Requirements for Candidates: Court (Act no. 2259, Sec. 9).
1. a bachelor’s degree in arts and sciences (pre- Public Officials who cannot engage in the private
law course) practice of Law in the Philippines:
2. a completed course in: 1. Judges and other officials as employees of the
1. civil law Supreme Court (Rule 148, Sec. 35, RRC).
2. commercial law 2. Officials and employees of the OSG (Ibid.)
3. remedial law 3. Government prosecutors (People v. Villanueva,
4. public international law 14 SCRA 109).
5. private international law 4. President, Vice-President, members of the
6. political law cabinet, their deputies and assistants (Art. VIII
7. labor and social legislation Sec. 15, 1987 Constitution).
8. medial jurisprudence 5. Members of the Constitutional Commission (Art
9. taxation IX-A, Sec. 2, 1987 Constitution)
10. legal ethics 6. Ombudsman and his deputies (Art. IX, Sec. 8
Non-lawyers who may be authorized to appear in (2nd par), 1987 Constitution)
court: 7. All governors, city and municipal mayors (R.A.
1. Cases before the MTC:  Party to the litigation,  No. 7160, Sec. 90).
in person OR through an agent or friend or 8. Those prohibited by special law
Public Officials with Restrictions in the Practice of
Law:
1. 1.      No Senator as member of the House of
Representative may personally appear as counsel
before any court of justice as before the
Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160,
Sec. 91)Sanggunian members may practice their
professions provided that if they are members of
the Bar, they shall not:
1. appear as counsel before any court in
any civil case wherein a local government
unit or any office, agency, or
instrumentality of the government is the
adverse party;
2. 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;
3. collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official;
4. use property and personnel of the
government except when the Sanggunian
member concerned is defending the
interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
government, cannot act as counsel in any civil
case in which the Government, or any of its
subdivision or agencies is the adverse party or in
a criminal case wherein an officer or employee
of the Government is accused of an offense in
relation to his office.
Attorney’s Oath:
            “I, __________________, do solemnly swear
that I will maintain allegiance to the Republic of the
Philippines; I will support its constitution and obey the
laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not willingly nor
wittingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same; I
will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as
well to the court as to my clients; and I impose upon
myself this voluntary obligations without any mental
reservation or purpose of evasion. So help me
God.” (Form 28, RRC)
Nature of Lawyer’s Oath
 The lawyer’s oath is not mere facile words,
drift and hollow, but a sacred trust that must be
upheld and kept inviolable. (Sebastian vs. Calis,
1999)
 It 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 made when taking the lawyer’s
oath. (In Re: Argosino, 1997, In Re: Arthur M.
Cuevas, 1998).
Code of Professional Responsibility
Chapter 1:
Lawyer and Society
CANON 1 – A lawyer shall uphold the constitution, obey
the laws of the land and promote respect for law and
for legal processes
 Duties of Attorneys:
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 as just, and
such defenses only as he believes to be honestly
debatable under the laws;
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 Rule 1.02 – A lawyer shall not counsel or abet activities
charged; aimed at defiance of the law or at lessening confidence
7. not to encourage either the commencement or in the legal system.
the continuance of an action or proceeding, or Rule 1.03 – A lawyer shall not, for any corrupt motive
delay any man’s cause for any corrupt motive or
or interest, encourage any suit or proceeding or
interest;
delay any man’s cause.
8. never to reject, for any consideration personal
Rule 1.04 – A lawyer shall encourage his clients to
to himself, the cause of the defenseless or
avoid, end or settle the controversy if it will admit of
oppressed;
9. in the defense of a person accused of a crime, a fair settlement.
by all fair and honorable means, regardless of his  If a lawyer finds that his client’s cause is
personal opinion as to the guilt of the accused, defenseless, it is his burden/duty to advise the
to present every defense that the law permits, latter to acquiesce and submit, rather than
to the end that no person may be deprived of traverse the incontrovertible.
life or liberty, but by due process of law.  It is unprofessional for a lawyer to volunteer
advice to bring a lawsuit, except in rare cases
Rule 1.01 – A lawyer shall not engage in unlawful,
where the blood, relationship or trust makes it
dishonest, immoral or deceitful conduct.
his duty to do so.
 Conviction for crimes involving moral turpitude
 Temper client’s propensity to litigate.
– a number of lawyers have been suspended or
 Should not be an instigator of controversy but a
disbarred for conviction of crimes involving
mediator for concord and conciliator for
moral turpitude such as:
compromise.
1. estafa
 The law violated need not be a penal law.
2. bribery
“Moral Turpitude” – everything which is done
3. murder
contrary to justice, honesty, modesty or good
4. seduction
morals.
5. abduction
 Give advice tending to impress upon the client
6. smuggling
and his undertaking exact compliance with the
7. falsification of public documents
strictest principles of moral law.
 Morality as understood in law – This is a
 Until a statute shall have been construed and
human standard based on natural moral law
interpreted by competent adjudication, he is
which is embodied in man’s conscience and
free and is entitled to advise as to its validity
which guides him to do good and avoid evil.
and as to what he conscientiously believes to be
 Moral Turpitude: any thing that  is done
its just meaning and extent.
contrary to justice, honesty, modesty or good
 A lawyer has the obligation not to encourage
morals.
suits. This is so as to prevent barratry and
 Immoral Conduct: that conduct which is
ambulance chasing.
willful, flagrant, or shameless and which shows a
 Barratry – offense of frequently exciting and
moral indifference to the opinion of the good
stirring up quarrels and suits, either at law or
and respectable members of the
otherwise; Lawyer’s act of fomenting suits
community (Arciga vs. Maniwag, 106 SCRA 591).
among individuals and offering his legal services
 Grossly Immoral Conduct: One that is so
to one of them.
corrupt and false as to constitute a criminal act
 Ambulance Chasing – Act of chasing victims of
or so unprincipled or disgraceful as to be
accidents for the purpose of talking to the said
reprehensible to a high degree; it is a WILLFUL,
victims (or relatives) and offering his legal
FLAGRANT or SHAMELESS ACT which shows a
services for the filing of a case against the
MORAL INDIFFERENCE to the opinion of
person(s) who caused the accident(s).
respectable members of the community. (Narag
vs. Narag, 1998) CANON 2 – A lawyer shall make his legal services
available in an efficient and convenient manner
compatible with the independence, integrity and interest involved, the importance of the lawyer’s
effectiveness of the profession.
position, and all other self-laudation.
Rule 2.01 – A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or oppressed.  Exceptions/ Permissible advertisements: 
Rule 2.02 – In such a case, even if a lawyer does not 1. Reputable law lists, in a manner consistent
accept a case, he shall not refuse to render legal with the standards of conduct imposed by the
canons, of brief biographical and informative
advise to the person concerned if only to the extent
data, are allowed.
necessary to safeguard latter’s rights.
2. Ordinary simple professional Card. It may
Rule 2.03 – a lawyer shall not do or permit to be
contain only a statement of his name, the name
done any act designed primarily to solicit legal
of the law firm which he is connected with,
business.
address, telephone number and the special
 Primary  characteristics which distinguish the
branch of law practiced.
legal profession from business;
3. A simple announcement of the opening of a law
1. duty of service, of which the emolument is a by
firm or of changes in the partnership, associates,
product, and in which one may attain the
firm name or office address, being for the
highest eminence without making such money;
convenience of the profession, is not
2. a relation as an ‘officer of court’ to the
objectionable.
administration of justice involving thorough
4. Advertisements or simple announcement of the
sincerity, integrity and reliability;
existence of a lawyer or his law firm posted
3. a relation to clients in the highest degree of
anywhere it is proper such as his place of
fiduciary;
business or residence except courtrooms and
4. a relation to colleagues at the bar
government buildings.
characterized by candor, fairness and
5. Advertisements or announcement in any legal
unwillingness to resort to current business
publication, including books, journals, and legal
methods of advertising and encroachment on
magazines.
their practice or dealing with their clients.
Rule 2.04 – A lawyer shall not charge rates lower
 Defenseless – not in the position to defend
than those customarily or prescribed, unless
themselves due to poverty, weakness, ignorance
circumstances so warrant.
or other similar reasons.
 A lawyer cannot delay the approval of a
 Oppressed – victims of acts of cruelty, unlawful
compromise agreement entered into between
exaction, domination or excessive use of
parties, just because his attorney’s fees were
authority.
not provided for in the agreement.
Rule on Advertisements
 Rule:  A lawyer cannot compromise the case
 General Rule: No advertisements allowed. The
without client’s consent (special authority).
most worthy and effective advertisement
Exception:  Lawyer has exclusive management of
possible is the establishment of a well-merited
the procedural aspect of the litigation (e.g.
reputation for professional capacity and fidelity
Submission for decision on the evidence so far
to trust.
presented. But in case where lawyer is
confronted with an emergency and
Lawyers may not advertise their services or expertise
prompt/urgent action is necessary to protect
nor should not resort to indirect advertisements for
clients interest and there’s no opportunity for
professional employment, such as furnishing or
consultation, the lawyer may compromise.
inspiring newspaper comments, or procuring his
 Rule:  Refrain from charging rates lower than
photograph to be published in connection with causes the customary rates.
in which the lawyer has been engaged or concerning Valid Justification:  relatives, co-lawyers, too poor
the manner of their conduct, the magnitude of the
CANON 3 – A lawyer in making known is 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-auditory or unfair statement or
claim regarding his qualifications or legal services.
 Violation of Rule 3.01 is unethical, whether
done by him personally or through another with
his permission.
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
communication that said partner is deceased.
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.
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.
 It is unethical to use the name of a foreign
firm.
 Death of a partner does not extinguish
attorney-client relationship with the law firm.
 Negligence of a member in the law firm is
negligence of the firm.
CANON 4 – A lawyer shall participate in the
improvement of the legal system by initiating or
supporting efforts in law reform and in the
administration of justice.
 Examples: Presenting position papers or
resolutions for the introduction of pertinent bills
in congress; Petitions with the Supreme Court
for the amendment of the Rules of Court.
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 students and assist in disseminating
information regarding the law and jurisprudence.
 
Objectives of integration of  the Bar
 To elevate the standards of the legal profession
 To improve the administration of justice
 To enable the Bar to discharge its responsibility
more effectively.
The three-fold obligation of a lawyer
 First, he owes it to himself to continue
improving his knowledge of the laws;
 Second, he owes it to his profession to take an
active interest in the maintenance of high
standards of legal education;
 Third, he owes it to the lay public to make the
law a part of their social consciousness.
CANON 6 – These canons shall apply to lawyers in
government service in the discharge of their official
tasks.
 Public Officials – include elective and
appointive officials and employees, permanent
or temporary, whether in the career or non-
career service, including military and police
personnel, whether or not they receive
compensation, regardless of amount. (Sec. 3 (b),
RA 6713).
 The law requires the observance of the
following norms of conduct by every public
official in the discharge and execution of their
official duties:
1. commitment to public interest
2. professionalism
3. justness and sincerity
4. political neutrality
5. responsiveness to the public
6. nationalism and patriotism
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)
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 of disciplinary action.
Rule 6.02 – A lawyer in the government service shall
not use his public position to promote or advance his
private interest, nor allow the latter to interfere
with his public duties.
Rule 6.03 – A lawyer shall not, after leaving
government service, accept engagements or
employment in connection with any matter in which  Lawyers in the government service are
he had intervened while in said service. prohibited to engage in the private practice of
 Various ways a government lawyer leaves their profession unless authorized by the
government service: constitution or law, provided that such practice
1. retirement will not conflict or tend to conflict with their
2. resignation official functions.
3. expiration of the term of office  Misconduct in office as a public official may be
4. dismissal a ground for disciplinary action (if of such
5. abandonment character as to affect his qualification as lawyer
or to show moral delinquency).
 Should recommend the acquittal of the accused
whose conviction is on appeal, IF he finds no
 Q:  What are the pertinent statutory legal basis to sustain the conviction.
provisions regarding this Rule?  Includes restriction is representing conflicting
interest (e.g. Accepting engagements vs. former
A:   Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA employer, PNB)
6713  The OSG is not authorized to represent a public
official at any state of a criminal case.
Sec 3.  Corrupt practice of Public Officers.  In addition
to acts or omission of public officers already penalized
by existing law, the following shall constitute corrupt
practice of any public officer and are hereby declared
to be unlawful:

(d) accepting or having any member of his family

accept employment in a private enterprise which has
pending official business with him during the pendency
thereof or within one year after termination.

Section 7 (b) of RA 6713 prohibits officials from doing

any of the following acts:

1. own, control, manage or accept employment as

officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by
their office unless expressly allowed by law.

These prohibitions shall continue to apply for a period

of one (1) year after resignation, retirement, or
separation from public office, except in the case of
subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection
with any matter before the office he used to be with,
in which case the one year prohibition shall likewise
apply.