legal ethics.pdf

8/20/2019 Legal ethics.pdf

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LEGAL ETHICS

I THE LEGAL PROFESSION

A. Supervision and Control

• Regulated by the Supreme Court and NOT thePRC.

•

Const art. VIII, sec. 5(5).The SC shall have the following powers:(5) Promulgate rules concerning… practice andprocedure in all courts, the admission into thepractice of law, the Integrated Bar….

• Const art. XII, sec. 14.…The practice of all professions in the Phils.shall be limited to Filipino citizens, save incases prescribed by law.

• The power to integrate the Philippine bar isgiven to the SC by the Constitution. (In theMatter of the IBP (1973))

• RA 972, or the Bar Flunkers Act of 1953, wasdeclared partially unconstitutional as itencroached upon the powers granted by theConstitution to the SC in determining theadmission of bar examinees to the bar byusurping such power through a legislative act.(In Re: Cunanan (1954))

B. The Practice of Law

• Practice of law means any activity, in or out ofcourt, which requires the application of law,

legal procedure, knowledge, training andexperience. It is to give notice or render anykind of service, which device or service requiresthe use in any degree of legal knowledge orskill. (Cayetano v. Monsod, 201 SCRA 210(1991))1 o Padilla, Dissenting

Practice of law – means to exercise orpursue an employment or profession,actively, habitually, repeatedly orcustomarily. There must be continuity or asuccession of acts.

Several factors enumerated by theCommission on Appointments to determine

“practice of law”:

(1) Habituality - customarily or frequentlyholding one’s self out to the public as alawyer

1 FACTS: Monsod after passing the bar, worked in his father’s firm for one year, then worked as an operations officer in theWorld Bank Group. He also worked with the Meralco Group uponhis return to the Philippines, and then became chief executiveofficer of an investment bank, legal and economic consultant ofvarious companies, National Chairman of NAMFREL, member ofthe 1986 Constitutional Commission, and then became amember of the Davide Commission.

Interpreted in the light of the various definitions ofthe term “practice of law”, particularly the modern concept oflaw practice, and taking into consideration the liberalconstruction intended by the framers of the Constitution, Atty.Monsod’s past work experiences as a lawyer-economist, alawyer-manager, lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator verily more thansatisfy the constitutional requirement – that he has beenengaged in the practice of law for at least 10 years.

(2) Compensation - his professionalservices are available to the public forcompensation, as a service of his livelihoodor in consideration of his said services.

(3) Application of law, legal principles,practice, or procedure - calls for legalknowledge, training and experience.

(4) Attorney-client relationship- hence,teaching law or writing law books are notconsidered as “practice of law”.

II. REQUIREMENTS FOR ADMISSION TO THEPRACTICE OF LAW

KNOW MORE:

I. Citizenship

• The practice of all professions in the Philippinesshall be limited to Filipino citizens, save incases prescribed by law. (Const. art. XII, sec.14.)

• Every applicant for admission as a member ofthe bar must be a citizen of the Philippines…(Rule 138, sec. 2)

• A Filipino citizen admitted to the Phil Bar mustmaintain such citizenship to remain qualifiedfor the practice of law in this country (In Re Arthur Castillo Reyes, (1993))2

II. Residence

• Requirements for all applicants for admission to

the bar -- …be a resident of the Philippines…(Rule 138, sec. 2)

III. Age: At least 21yrs old

• Requirements for all applicants for admission tothe bar -- …be at least twenty-one years ofage…(Rule 138, sec. 2)

IV. Good Moral Character

• Requirements for all applicants for admission tothe bar -- …must be of good moral character…and must produce before the Supreme Court

satisfactory evidence of good moral character,and that no charges against him, involving

2 FACTS: Petitioner graduated from UP College of Law in 1939; passed the bar in 1939; inducted to and served in the US ArmedForces in the Far East during WWII and thus became eligible forcitizenship under the 1990 US Immigration Act; became anaturalized citizen of the US in 1993. His name was struck fromthe Roll of Attorneys. Only Filipino citizens may practice law inthe Philippines. This requirement is prescribed by theConstitution, XII 14, and the ROC, 2 Rule 138.

QUICK REFERENCE (In Sequence):1. Citizenship2. Residence3. Age (21 yrs +)4. Good Moral Character

5. Education6. Bar Examinations

7. Lawyer’s Oath


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moral turpitude, have been filed or are pendingin any court in the Philippines. (Rule 138, sec.2)

• No definition and criteria in law for “good moralcharacter” (Agpalo)

• Justice Felix Frankfurter: moral character =qualities of truth-speaking, a high sense ofhonor, full candor, intellectual honesty, and thestrictest observance of fiduciary responsibility

• Good moral character is the absence of aproven conduct or act which has beenhistorically and traditionally considered as amanifestation of moral turpitude. The act orconduct showing moral turpitude need notamount to a crime; and even if it doesconstitute an offense, a conviction upon acriminal charge is not necessary todemonstrate bad moral character although itmay show moral depravity.

• Question of moral turpitude is for SC to decide.Which is why applicants are required to discloseany crime which they have been charged.Concealment or withholding from the courtinformation about charges and indictments is aground for disqualification of applicant or forrevocation of license. Even if the crimeconcealed does not involve moral turpitude, theact of concealment makes him/her unfit to be alawyer. (Agpalo)

• Applicant assumes burden of proof to establishqualifications in asking admission. But afterhaving presented prima facie evidence, burdento overcome the prima facie showing shifts tothose objecting his/her admission. (Agpalo)

• An applicant must show that no chargesagainst him involving moral turpitude, havebeen filed or pending in court in the Philippines.The concealment or withholding from the courtof the fact that an applicant has been chargedwith or indicted for an alleged crime is a groundfor disqualification (Agpalo)

V. Legal Education

A. Pre-Law

• Pre-Law .—No applicant for admission to the barexamination shall be admitted unless hepresent a certificate that he has satisfied theSec. of Education that, he began the study oflaw, he had pursued and satisfactorily completein an authorized and recognized university orcollege, requiring for admission thereto thecompletion of a four-year high school course,the course of study prescribed therein for abachelor’s degree in arts or sciences with anyof the following subjects as major or field ofconcentration: political science, logic, English,Spanish, History and Economics. (Rule 138, sec. 6.)

• A college degree must first be obtained beforestudying law. Otherwise, one will not bequalified to take the bar examinations. ( In reTelesforo Diao (1963))

B. Law Proper

• Additional Requirements for other applicants.—All applicants for admission…shall, before beingadmitted to the examination, satisfactorilyshow that they have regularly studied law forfour years, and successfully complete allprescribed courses, in a law school oruniversity, officially approved and recognizedby the Sec. of Education. The affidavit of thecandidate, accompanied by a certificate fromthe university or school of law, shall be filed asevidence of such facts, and further evidencemay be required by the court.

No applicant shall be admitted to the barexaminations unless he has satisfactorilycompleted the following course in a law schoolor university duly recognized by thegovernment: civil law, commercial law,remedial law, criminal law, public and privateinternational law, political law, labor and sociallegislation, medical jurisprudence, taxation andlegal ethics. (Rule 138, sec. 5)

• Graduates of foreign law schools shall not beallowed to take the bar examinations since theycannot present the certifications requiredunder sections 5 and 6 of Rule 138 (Re: Application of Adriano M. Hernandez,(1993))

VI. Bar Examinations

• Time for filing proof of qualifications.—allapplicants for admission shall file with the clerkof the Supreme Court the evidence required bysection 2 of this rule at least 15 days beforethe beginning of the examination. If notembraced within sections 3 and 4 of this rulethey shall also file within the same period theaffidavit and certificate required by section 5,and if embraced within sections 3 and 4 theyshall exhibit a license evidencing the fact oftheir admission to practice, satisfactoryevidence that the same has not been revoked,and certificates as to their professionalstanding. Applicants shall also file at the sametime their own affidavits as to their age,residence, and citizenship. (Rule 138, Sec. 7)

• Notice of applications.—Notice of applicationsfor admission shall be published by the clerk ofthe Supreme Court in newspapers published inPilipino, English and Spanish, for at least 10days before the beginning of the examination.(Rule 138, sec. 8)

• Examination; subjects.—Applicants, nototherwise provided for in sections 3 and 4 ofthis rule, shall be subjected to examinations inthe following subjects: Civil Law; Labor andSocial Legislation; Mercantile Law; CriminalLaw; Political Law (Constitutional Law, Public

Corporations, and Public Officers); InternationalLaw (Private and Public); Taxation; RemedialLaw (Civil Procedure, Criminal Procedure, andEvidence); Legal Ethics and Practical Exercises(in Pleading and Conveyancing). (Rule 138, sec. 9)

• Bar examination, by questions and answers,and in writing.—Persons taking the examinationshall not bring papers, books or notes into theexamination rooms. The questions shall be the


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same for all examinees and a copy thereof, inEnglish or Spanish, shall be given to eachexaminee. Examinees shall answer thequestions personally without help from anyone.Upon verified application made by an examineestating that his penmanship is so poor that itwill be difficult to read his answers withoutmuch loss of time, the Supreme Court mayallow such examinee to use a typewriter inanswering the questions. Only noiselesstypewriters shall be allowed to be used.The committee of bar examiners shall takesuch precautions as are necessary to preventthe substitution of papers or commission ofother frauds. Examinees shall not place theirnames on the examination papers. No oralexamination shall be given. (Rule 138, sec.10)

• Annual examination.—Examinations foradmission to the bar of the Philippines shalltake place annually in the City of Manila. Theyshall be held in four days to be designated bythe chairman of the committee on barexaminers. The subjects shall be distributed asfollows:

1st day: Political and InternationalLaw (morning) andLabor and Social Legislation (afternoon);

2nd day: Civil Law (morning) andTaxation (afternoon);

3rd day: Mercantile Law (morning) andCriminal Law (afternoon);

4th day: Remedial Law (morning) andLegal Ethics and Practical Exercises(afternoon). (Rule 138, sec. 11.)

• Committee of examiners. —Examinations shallbe conducted by a committee of bar examinersto be appointed by the Supreme Court. Thiscommittee shall be composed of a Justice ofthe Supreme Court, who shall act as chairman,and who shall be designated by the court toserve for one year, and eight members of thebar of the Philippines, who shall hold office fora period of one year. The names of themembers of this committee shall be publishedin each volume of the official reports. (Rule138, Sec. 12.)

• Disciplinary measures.—No candidate shallendeavor to influence any member of thecommittee, and during examination thecandidates shall not communicate with eachother nor shall they give or receive anyassistance. The candidate who violates thisprovision, or any other provision of this rule,shall be barred from the examination, and thesame to count as a failure against him, andfurther disciplinary action, including permanentdisqualification, may be taken in the discretionof the court. (Rule 138, Sec. 13)

• Passing average.—In order that a candidatemay be deemed to have passed hisexaminations successfully, he must haveobtained a general average of 75 % in allsubjects, without falling below 50 % in anysubject. In determining the average, thesubjects in the examination shall be given thefollowing relative weights: Civil Law, 15 %;Labor and Social Legislation, 10 %; MercantileLaw, 15 %; Criminal Law; 10 %; Political andInternational Law, 15 %; Taxation, 10 %;

Remedial Law, 20 %; Legal Ethics and PracticalExercises, 5 %. ( Rule 138, Sec. 14)

• Report of the committee; filing of examination papers.—Not later than February 15th after theexamination, or as soon thereafter as may bepracticable, the committee shall file its reportson the result of such examination. Theexamination papers and notes of the committeeshall be fixed with the clerk and may there beexamined by the parties in interest, after thecourt has approved the report. ( Rule 138, sec.15)

• Failing candidates to take review course.—Candidates who have failed the barexaminations for three times shall bedisqualified from taking another examinationunless they show to the satisfaction of thecourt that they have enrolled in and passedregular fourth year review classes as well asattended a pre-bar review course in arecognized law school.The professors of the individual review subjectsattended by the candidates under this rule shallcertify under oath that the candidates haveregularly attended classes and passed thesubjects under the same conditions as ordinarystudents and the ratings obtained by them inthe particular subject. ( Rule 138, Sec. 16)

• Beginning 1994, graduates of foreign lawschools will not be allowed to take the bar (InRe: Adriano Hernandez (1993))

VII. Lawyer’s Oath (MEMORIZE!!!)

• I _____ , do solemnly swear that I willmaintain allegiance to the RP:

I will support and defend its Constitution andobey the laws as well as the legal orders of theduly constituted authorities therein;

I will do no falsehood nor consent to itscommission;

I will not wittingly or willingly promote or sueany groundless, false or unlawful suit nor giveaid nor consent to the same;

I will not delay any man’s cause for money ormalice and will conduct myself as a lawyeraccording to the best of my knowledge anddiscretion with all good fidelity as well to thecourt as to my clients; and

I will impose upon myself this obligationvoluntarily, without any mental reservation orpurpose of evasion.

So help me God.

• The lawyer’s oath is not a mere ceremony orformality for practicing law. Every lawyershould at all times weigh his actions accordingto the sworn promises he makes when takingthe lawyer’s oath. If all lawyers conductedthemselves strictly according to the lawyer’soath and the Code of Professionalresponsibility, the administration of justice willundoubtedly fairer, faster and easier for


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WHO ELSE MAY PRACTICE LAW?

everyone concerned. (In Re: Argosino, 270SCRA 26)

• By taking the lawyer’s oath, a lawyer becomesthe guardian of truth and the rule of law and anindispensable instrument in the fair andimpartial administration of justice.Good moral character includes at least commonhonesty. Deception and other fraudulent actsare not merely unacceptable practices that aredisgraceful and dishonorable, they reveal abasic moral flaw. ( Olbes vs. Deciembre, 457SCRA 341)

General Rule: Only Members of the Bar

• Who may practice law.—Any person heretoforeduly admitted as a member of the bar, orhereafter admitted as such in accordance withthe provisions of this rule, and who is in goodand regular standing, is entitled to practice law.(Rule 138, Sec 1.)

• 3 EXCEPTIONS TO THE GENERAL RULE:

1. Law Students

• Law Student Practice Rule

o Qualifications of students who may appearin court:

1. Must have completed the 3rd year of aprescribed regular 4-year curriculum (Rule138-A, Sec.1);

2. Must be enrolled in a recognized lawschool’s legal education program approvedby the Supreme Court, withoutcompensation in any civil, criminal oradministrative case before any trial court,tribunal, board or officer, to representindigent clients accepted by the legal clinicof the law school (Rule 138-A, Sec.1);

3. Must be under the direct supervision andcontrol of a member of the IBP duly

accredited by the law school. Any and allpleadings, motions, briefs, memoranda orother papers to be filed, must be signed bythe supervising attorney for and in behalfof the legal clinic. (Rule 138-A, Sec.2)

o Meaning of Direct Supervision and Control:requires no less than the physical presenceof the supervising lawyer during thehearing.

• A law student appearing before the RTC underRule 138-A should at all times be accompaniedby a supervising lawyer. (In Re: Need That

Law Student Practicing Under Rule 138-ABe Actually Supervised During Trial(1997))

• Appearance in Inferior Courts -- A law studentmay appear in his personal capacity withoutthe supervision of a lawyer in inferior courts.(refer to Rule 138, section 34)

2. Agent

Notes from Agpalo:

o Metropolitan/ Municipal Trial Court : onemay be represented by an agent: Insuch cases, no attorney-clientrelationship exists; not habitual;locality where licensed member of baris not available; person/resident ofgood repute for probity and ability toaid defendant; NOT IN ANY OTHERCOURT

o Supreme Court can validly authorise alayman to represent litigant in court

o Question: Can legislature can permit bylaw a layman to appear on another’sbehalf in court or administrativetribunals. Yes, in cadastral courts,NLRC ok; otherwise NO

o 3 limitations: layman should confine work

to non-adversarialcontentions

not habitually rendered not charge for payment

3. Litigation by Party

By whom litigation conducted.—In thecourt of a justice of the peace (now, MTC)a party may conduct his litigation inperson, with the aid of an agent or friendappointed by him for that purpose, or withthe aid of an attorney. In any other court,a party may conduct his litigationpersonally or by aid of an attorney, andhis appearance must be either personal orby a duly authorized member of the bar.( Rule 138, Sec. 34)

Notes from Agpalo:

o In a democratic and civilized countrywhere the rights of a person aredetermined in accordance withestablished rules, the employment of aperson acquainted with those rulesbecomes a necessity both to thelitigants and to the Court. A partylitigant needs the assistance of counselin all proceedings, administrative, civilor criminal.

o When appearance by counsel notobligatory:

1. In a Municipal Trial Court, a partymay conduct his litigation in personor with the aid of a friend appointedby him for that purpose or with anaid of an attorney.

2. In the RTC and Appellate Courts, aparty in a civil suit may conduct hislitigation either personally or byattorney unless the party is a

juridical person.3. And even if he has chosen to

appear by counsel, he may at anytime dispense with the services ofhis lawyer and prosecute or defendhis case personally.


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WHO MAY NOT PRACTICE LAW?

o The right to counsel of an accused is absoluteor immutable. HOWEVER, his option to securethe services of counsel de parte is not absolute.The trial court may restrict his option to retaina counsel de parte if a) the accused insists onan attorney he cannot afford b) chosen counselis not a lawyer or c) the attorney declines torepresent the accused for a valid reason, inwhich case the trial court can appoint hiscounsel de oficio to represent him. Sec 1 (c) ofRule 115 provides that an accused may waivehis right to counsel but if he cannot protect hisrights without the assistance of a counsel, theCourt should advise him to secure a counsel de

parte or appoint a counsel de officio torepresent him.

I. Relative Prohibition

1. Senators and members of theHouse of Representatives(prohibition to appear) (Art VI,Sec. 14, 1987 Constitution)

2. Members of the Sanggunian (RANo. 7160, Sec. 91)

II. Absolute Prohibition

1. All members of the Judiciaryi. Judges and other officials as

employees of the SupremeCourt (Rule 148, Sec. 35ROC)

ii. Government prosecutors(People vs. Villanueva 14SCRA 109)

2. President, Vice President, membersof the cabinet (Art VIII, Sec. 15,1987 Constitution)

3. Members of ConstitutionalCommissions (Art. IX-A, Sec. 2,1987 Constitution)

4. Ombudsman and his deputies (Art. IX, Sec. 8 2nd par, 1987Constitution)

5. Solicitor General and AssistantSolicitor General

6. All governors, city and municipalmayors (RA No. 7160, Sec. 90)

7. Those prohibited by special laws –retired members of the judiciary(RA 910, Sec. 1, as amended)

II THE CODE OF PROFESSIONAL

RESPONSIBILITY

Legal Ethics, Defined:

Legal Ethics denotes that body of principles by

which the conduct of members of the legalprofession is controlled.

It is that branch of moral science which treatsof the duties which an attorney at law owes tohis clients, to the courts, to the bar and to thepublic. (G.A. Malcolm, Legal and Judicial Ethics8 (1949))

Nature of Office of Attorney:

The title “attorney” is reserved to those who,having obtained the necessary degree in thestudy of law, and passed the bar examinations,have been admitted to the Integrated Bar of thePhilippines and remain members thereof of goodstanding; and it is they only who are authorizedto practice law in the Philippines.

Privileges of attorney

o A lawyer has the privilege and right to practicelaw during good behavior before any judicial,quasi-judicial or administrative tribunal.

o An attorney enjoys the presumption ofregularity in the discharge of his duty. (i.e. Heis immune, in the performance of his obligationto his client, from liability to a third personinsofar as he does not materially depart fromhis character as a quasi-judicial officer.)

o There are also privileges inherent in his statusas a quasi-judicial officer. (i.e. the law makeshis passing the bar examination equivalent to afirst grade or second grade civil serviceeligibility.)

Duties of Attorneys (Rule 138, sec. 20):

It is the duty of an attorney:a) To maintain allegiance to the Republic of the

Philippines and to support the Constitution andobey the laws of the Philippines;

b) To observe and maintain the respect due to thecourts of justice and judicial officers;

c) To counsel or maintain such actions orproceedings only as appear to him to be just,and such defenses only as he believes to behonestly debatable under the law;

d) To employ, for the purpose of maintaining thecauses confided to him, such means only as areconsistent with truth and honor, and neverseek to mislead the judge or any judicial officerby an artifice or false statement of fact or law;

e) To maintain inviolate the confidence, and atevery peril to himself, to preserve the secretsof his client, and to accept no compensation inconnection with his client's business exceptfrom him or with his knowledge and approval;

f) To abstain from all offensive personality and toadvance no fact prejudicial to the honor orreputation of a party or witness, unlessrequired by the justice of the cause with whichhe is charged;


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MEMORY AID FOR CANONS UNDER THISSECTION:

o Promote and Respect the Law and Legal

Process (Canon 1) o Provide Efficient and Convenient Legal

Services (Canon 2)o Information on Legal Services that is

true, Honest, Fair and Dignified (Canon3)

o Support for Legal Reforms andAdministration of Justice (Canon 4)

o Participate in Legal Education Program(Canon 5)

o Applies to Lawyers in Government Service

(Canon 6)

g) Not to encourage either the commencement orthe continuance of an action or proceeding, ordelay any man's cause, from any corruptmotive or interest;

h) Never to reject, for any consideration personalto himself, the cause of the defenseless oroppressed;

i) In the defense of a person accused of crime, byall fair and honorable means, regardless of hispersonal opinion as to the guilt of the accused,to present every defense that the law permits,to the end that no person may be deprived oflife or liberty, but by due process of law.

FOUR-FOLD DUTIES OF A LAWYER

1) Duties to Society – should not violate hisresponsibility to society, exemplar forrighteousness, ready to render legal aid, fostersocial reforms, guardian of due process, aware ofspecial role in the solution of special problems andbe always ready to lend assistance in the study andsolution of social problems2) Duties to the Legal Profession – candor,fairness, courtesy and truthfulness, avoidencroachment in the business of other lawyers,uphold the honor of the profession3) Duties to the Court – respect or defendagainst criticisms, uphold authority and dignity,obey order and processes, assist in theadministration of justice4) Duties to the Client – entire devotion toclient’s interest

DUTIES MAY ALSO BE CLASSIFIED INTO:

1. Public (operating as a faithful assistant of thecourt in search of a just solution to disputes)

o A counsel de officio is expected to rendereffective service and to exert his bestefforts on behalf of an indigent accused. Hehas a high duty to the poor litigant as to apaying client. He should have a bigger doseof social conscience and a little less of selfinterest. (1991, 1993, 1994, 1998,2001, 2004 BAR EXAMS)

2. Private (an attorney operating as a trustedagent of his client)

o A private prosecutor may intervene in theprosecution of a criminal action when theoffended party is entitled to indemnity andhas not waived expressly, reserved orinstituted the civil action for damages. Incase of heavy work schedule of the publicprosecutors, the private prosecutor may beauthorized in writing by the Chief of theProsecution Office or the Regional StateProsecution to prosecute the case subjectto the approval of the Court. Once soauthorized to prosecute the criminal action,the private prosecutor shall continue toprosecute the case up to the end of thetrial even in the absence of a publicprosecutor, unless the authority is revokedor otherwise withdrawn. (Rule 110, Sec.5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002)

A. The Lawyer and Society

MEMORY AID FOR RULES UNDER CANON 1:o No Unlawful, Dishonest, Immoral, Deceitful

Conduct (Rule 1.01) o No Counseling to Defy Law (Rule 1.02) o No Encouragement of Lawsuit or Proceedings

(Rule 1.03)o Encourage Client to Avoid Controversy (Rule

1.04)

CANON 1: QUICK REFERENCE

KNOW MORE:

• SPECIAL RULES WITH RESPECT TONOTARIAL PRACTICE 3

• The SC found a notary public negligent in hisduty for allowing office secretaries to performhis notarial functions, i.e., safekeeping of hisnotarial dry seal and notarial register. The

3 2004 Rules on Notarial Practice—ANNEXED

CANON 1: A lawyer shall uphold theconstitution, obey the laws of the land andpromote respect for law and legal process.

Rule 1.01. A lawyer shall notengage in unlawful, dishonest, immoralor deceitful conduct.

Rule 1.02. A lawyer shall notcounsel or abet activities aimed atdefiance of the law or at lesseningconfidence in the legal profession.

Rule 1.03. A lawyer shall not, forany corrupt motive or interest,encourage any suit or delay any man’scause.

Rule 1.04. A lawyer shallencourage his clients to avoid, end orsettle a controversy if it will admit of a


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Court held that “considering that theresponsibility attached to a notary public issensitive, respondent should have been morediscreet and cautious in the execution of hisduties as such and should not have whollyentrusted everything to the secretaries;otherwise he should not have beencommissioned as notary public.” (SpousesSantuyo v. Hidalgo, 448 SCRA 282 (2005))

• The SC disbarred Atty. Gregorio Ariola from thepractice of law for violating Rule 1.01 of Canon1 by notarizing an SPA purportedly executed bya certain Benitez at a time when Benitez wasalready dead. The Court held that a notarypublic should not authenticate documentsunless the persons who signed them are thevery same persons who executed them andpersonally appeared before them to attest tothe contents and truth of what are statedtherein. (Zaballero v. Atty. Montalvan)Notarization is not an empty, meaningless androutinary act. It converts a private documentinto a public instrument, making it admissiblein evidence without the necessity of preliminaryproof of its authenticity and due execution.(Sicat v. Ariola, 456 SCRA 93 (2005))

I. Rule 1.01. A lawyer shall not engage inunlawful, dishonest, immoral or deceitfulconduct.

• Unlawful conduct is defined as an act oromission which is against the law. Dishonesty

involves lying or cheating. (Agpalo)

• Immoral or deceitful conduct is that which iswillful, flagrant or shameless and which showsa moral indifference to the opinion of the goodand respectable members of the community.(Aguirre)

• Moral turpitude “includes everything which isdone contrary to justice, honesty, modesty, orgood morals”. It involves an act of baseness,vileness, or depravity in the private dutieswhich a man owed his fellowmen, or to societyin general, contrary to the accepted and

customary rule of right and duty between manand woman, or conduct contrary to justice,honesty, modesty, or good morals. (Barrios v.Martinez, 442 SCRA 324 (2004))

• The SC found that the imprudence of anattorney who married a man already previouslymarried (without initially knowing that he wasin fact married but, upon acquiring suchknowledge, cut off all ties with him) did notconstitute immoral conduct sufficient for herdisbarment. Furthermore, lawyers, as keepersof public faith, are burdened with a higherdegree of social responsibility and thus must

handle their personal affairs with greatercaution. The respondent was imprudent in thesense that she should have investigated thefact that the man with whom she had relationswas married. Nevertheless, the fact that shedistanced herself from him shows that shedisplayed no moral indifference. The ratiodecidendi of the Court is that the requisite ofgood moral character in the admission to thepractice of law must be continuous as arequirement to the enjoyment of the privilege

of the practise of law. It is the bounden duty oflawyers to adhere unwaveringly to the higheststandards of morality. (Ui v. Bonifacio, 333SCRA 38, (2000))

• Grossly immoral conduct is one that is socorrupt and false as to constitute a criminal actor so unprincipled or disgraceful as to bereprehensible to a high degree. Mere intimacybetween a man and a woman, both of whompossess no impediment to marry, voluntarilycarried on and devoid of any deceit on the partof the respondent, is neither so corrupt nor sounprincipled as to warrant the imposition ofdisciplinary sanction against him, even if as aresult of such relationship a child is born out ofwedlock. (Figueroa v. Barranco, 276 SCRA445 (1997))4

• The reconciliation between the lawyer husbandand his wife who had initiated the

administrative proceedings against him forengaging in an adulterous and clearly immoralrelationship does not “wipe away themisconduct and immoral behavior.” (Cordovav. Cordova, 179 Phil 680 (1989))

• Gutierrez was convicted of murder but wasthen granted conditional pardon by thePresident. When the pardon is conditional andmerely remits the unexecuted portion of thepenalty, administrative proceedings cannot beautomatically barred. (In Re: Gutierrez(1962))

II. Rule 1.02. A lawyer shall not counsel orabet activities aimed at defiance of the law orat lessening confidence in the legalprofession.

• Rule 1.02 requires that the lawyer should notpromote an organization known to be violatingthe law nor assist it in a scheme which heknows is dishonest. He should not allow hisservices to be engaged by an organizationwhose member as violating the law, to defendthem when they get caught. (Agpalo)

•

The Supreme Court will not denounce criticismmade by anyone against the Court for, if wellfounded, can truly have constructive effects inthe task of the Court, but it will notcountenance any wrongdoing nor allow theerosion of our people’s faith in the judicialsystem, let alone, by those who have beenprivileged by it to practise law in thePhilippines. (Estrada v. Sandiganbayan, 416SCRA 465 (2003))5

• Terrel was found guilty of malpractice or grossmisconduct for assisting in the establishmentand acting as counsel for the Centro Bellas

4 FACTS: Atty. Barranco was not disbarred despite the fact thathe had sexual congress with Patricia Figueroa with whom hebegot a child, promised that he would marry her after he passedthe bar but then married another woman.5 FACTS: The SC indefinitely suspended Atty. Paguia for makingclaims that the Justices of the Supreme Court have been

participating in partisan political activity and have prejudged acase that will assail the legality of an act done by President

Arroyo, that Estrada v Arroyo is a patent mockery of justice anddue process, that three Justices of Sandiganbayan made theirbias manifest and are impartial against his client.


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Artes Club, an organization intending to evadethe practice of law. (In Re Terrel (1903))

III. Rule 1.03. A lawyer shall not, for anycorrupt motive or interest, encourage any suitor delay any man’s cause.

• Notes from Agpalo:o To stir up litigation is a crime known as

“maintenance” at common law.o The purpose of prohibiting these acts is

to prevent ambulance chasing (solicitation of almost any kind of legalbusiness by laymen employed by anattorney for the purpose or by theattorney himself).

o Ambulance chasing is prohibitedbecause it stirs up litigation withresulting burdens on courts and thepublic; supports perjury, the defraudingof innocent persons by judgments,upon manufactured causes of actionsand the defrauding of injured personshaving proper causes of action butignorant of legal rights and courtprocedure by means of contracts whichretain exorbitant expenses and bysettlement made for quick returns offees against the rights of the injuredpersons.

IV. Rule 1.04. A lawyer shall encourage hisclients to avoid, end or settle a controversy ifit will admit of a fair settlement.

• The function of a lawyer is not only to conductlitigation but to avoid it where possible, byadvising settlement or withholding suit. He/shemust act as mediator for compromise ratherthan an instigator and conflict. Whatsometimes beclouds a lawyer’s judgment as towhat is best for his client is his/her eye on theattorney’s fees which are often considerablyless when the cause is amicably settled. Theproblem of conflict of interests must beresolved against self-interest. (Agpalo)


MEMORY AID FOR RULES UNDER CANON 2:o Not to Reject the Defenseless or Oppressed

(Rule 2.01) o Not to Refuse to Give Legal Advice (Rule

2.02)o No Solicitation (Rule 2.03)o No Rates Other than Customarily Charged

(Rule 2.04)

KNOW MORE:

I. Rule 2.01. A lawyer shall not reject, except forvalid reasons, the cause of the defenseless or theoppressed.

• Legal aid is not a matter of charity. It is ameans for the correction of social imbalancethat may and often do lead to injustice, forwhich reason it is a public responsibility of theBar. The spirit of public service should,therefore, underlie all legal aid offices. Thesame should be administered to indigent anddeserving members of the community on allcases, matters and situations in which legal aidmay be necessary to forestall an injustice.(IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)

• A lawyer may not refuse to acceptrepresentation of an indigent unless: (a) he isin no position to carry out the work effectivelyor competently or (b) he labours under aconflict of interest between him and theprospective client or between a present clientand the prospective client (Rule 14.03)

• Ledesma, who was appointed Election Registrarof his municipality, was not excused fromacting as counsel in criminal proceedings thathad started that same year. Moreover, to avoidthe frustration of the case, especially such aswhere the defendants are indigent, a lawyer

CANON 2: A lawyer shall make his legal servicesavailable in an efficient and convenient mannercompatible with the independence, integrity andeffectiveness of the profession.

Rule 2.01. A lawyer shall notreject, except for valid reasons, thecause of the defenseless or theoppressed.

Rule 2.02. In such cases, even if thelawyer does not accept a case, he shallnot refuse to render legal advice to theperson concerned if only to the extentnecessary to safeguard the latter’srights.

Rule 2.03. A lawyer shall not do orpermit to be done any act designed toprimarily solicit legal business.

Rule 2.04. A lawyer shall not chargerates lower than those customarilyprescribed unless the circumstances sowarrant.


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may be required to act as a counsel de oficio. The fact that his services were renderedwithout remuneration should not occasion adiminution of his zeal. Most importantly, theConstitution blessed the accused with the rightto be heard by himself and by counsel. Thismanifests the indispensable role of a lawyer inthe defense of the accused. ( Ledesmav.Climaco, 57 SCRA 473 (1974))

• This rule stems from one of the obligationsincident to the status and privileges of a lawyerwhich is to represent the poor and theoppressed in the prosecution of their claims orthe defense of their rights. The court isempowered to require a lawyer to render legalservice (to designate him/her as counsel deoficio for an accused if the latter is unable toemploy counsel de parte).

• The Integrated Bar of the Philippines throughits Committee on Legal Aid has establishedlegal aid offices throughout the country. Itsobjective is to provide on a nationwide basislegal services in favor of the poor segment ofsociety. Their policy is that legal aid is not amatter of charity. It is a means for thecorrection of social imbalance that may andoften do lead to injustice, which makes it apublic responsibility of the Bar.

II. Rule 2.02. In such cases, even if the lawyerdoes not accept a case, he shall not refuse torender legal advice to the person concerned if onlyto the extent necessary to safeguard the latter’srights.

• A valid reason to refuse is when the lawyer isnot in a position to carry out the workeffectively and competently. However he shallstill render legal advice (such as thosepertaining to preliminary steps a person cantake). But he shall refrain from giving legaladvice if the reason for not accepting the caseis that there involves a conflict of interest(between him and a prospective client orbetween a present client and a prospectiveclient). In the case mentioned above,rendering legal advice to the prospective clientwill establish an attorney-client relationshipbetween them and this will constitute aviolation of the rule prohibiting a lawyer fromrepresenting conflicting interests. (Agpalo)

III. Rule 2.03. A lawyer shall not do orpermit to be done any act designed to primarilysolicit legal business

• A member of the bar may be disbarred orsuspended from his office as attorney by theSC for any… malpractice…. The practice ofsoliciting cases at law for the purpose of gain,either personally or through paid agents orbrokers, constitutes malpractice. (Rule 138,Sec. 27)

• It is highly unethical for an attorney toadvertise his talents or skill as a merchantadvertises his wares. (In Re Tagorda, 53 Phil37 (1929))

• Exceptions to this rule (Agpalo):

o publication in reputable law list withbrief biographical and other informativedata which may include name,associates, address, phone numbers,branches of law practised, birthday,day admitted to the bar, schools anddates attended, degrees anddistinctions, authorships, teachingpositions, associations, legal fraternitiesand societies, references and regularlyrepresented clients must be publishedfor that purpose;

o an ordinary, simple professional card;o publication of simple announcement of

opening of law firm, change of firm;o telephone directory (but not under

designation of special branch of law);o if acting as an associate (specialising in

a branch of law), may publish a briefand dignified announcement to lawyers(law list, law journal);

o working in a public office (which can befilled only by a lawyer);

o full time position as corporate counsel;o if in media, those acts incidental to his

practise (i.e., not his own initiative);o write articles for publication giving

information upon the law (and notindividual rights or advising throughcolumn/ TV broadcast, lest such beconsidered indirect advertising);

o if entering into other businesses (whichare not inconsistent with lawyer’sduties) then it is advisable that they beentirely separate and apart such that alayman could distinguish between thetwo functions.

IV. Rule 2.04. A lawyer shall not charge rateslower than those customarily prescribed unless thecircumstances so warrant.

• What the rule prohibits is the competition inthe matter of charging professional fees for thepurposed of attracting clients in favor of thelawyer who offers lower rates. The rule doesnot prohibit a lawyer from charging a reducedfee or none at all to an indigent or to a personwho would have difficulty paying the feeusually charged for such services. (Agpalo)


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MEMORY AID FOR RULES UNDER CANON 3:o No Fair or Unfair Claim re: Qualifications (Rule

3.01)o No False or Misleading Firm Name (Rule 3.02)o Partners Assuming Public Office (Rule 3.03)o No Use of Media to Attract Legal Business

(Rule 3.04)

KNOW MORE:

I. Rule 3.01. A lawyer shall not use or permit the

use of any false, fraudulent, misleading, deceptive,undignified, self-laudatory, or unfair statement orclaim regarding his qualifications or legal services.

• A lawyer may not properly publish his briefbiographical and informative data in a dailypaper, magazine, trade journal or societyprogram in order to solicit legal business(Khan v. Simbillo, 409 SCRA 299 (2003))6

• It is highly unethical for an attorney toadvertise his talents or skill as a merchantadvertises his wares. The law is a profession

6

Atty. Simbillo advertised his services in a Philippine DailyInquirer ad which read “Annulment of Marriage Specialist 532-433/521-2667.” The Court held that the solicitation of legalbusiness is not altogether proscribed. However, for solicitationto be proper, it must be compatible with the dignity of the legal

profession. The use of simple signs stating the name or names ofthe lawyers, the office, and the residence address and fields of

practice, as well as advertisements in legal periodicals bearingthe same brief data and the use of calling cards are permissible.The publication in reputable law lists, in a manner consistentwith the standards of conduct imposed by the canon, of briefbiographical and informative data is likewise allowed.

and not a business. The lawyer may not sell orobtain employment himself or through othersfor to do so would be unprofessional. It isdestructive of the honor of a great profession.It lowers the standards of that profession. Itworks against the confidence of the communityand it results in needless litigation. (In Re:Tagorda, 53 Phil 37 (1929))7

• Advertising, Direct of Indirect —The mostworthy and effective advertisement possible,even for a young lawyer, and especially withhis brother lawyers, is the establishment of awell-merited reputation for professionalcapacity and fidelity to trust. This cannot beforce, but must be the outcome of characterand conduct. The publication or circulation ofordinary simple business cards, being a matterof personal taste or local custom, and sometimes of convenience is not per se improper.But solicitation of business by circulars oradvertisements, or by personal relations isunprofessional. It is equally unprofessional toprocure business by indirection through touters of any kind whether allied real estate firms ortrust companies advertising to secure thedrawing of deeds or wills or offering retainers inexchange for executorships or trusteeships tobe influenced by the lawyer. Indirectadvertisement for business by furnishing orinspiring newspaper comments concerning themanner of their conduct, the magnitude of theinterests involved, the importance of thelawyer’s position, and all other like self-laudation, defy the traditions and lower thetone of our high calling and are intolerable.(Sec. 27, Canon of Professional Ethics)

• Notice of specialized service—Where a lawyer isengaged in rendering a specialized legal servicedirectly and only to other lawyers, a brief,dignified notice of that fact, couched inlanguage indicating that it is addressed tolawyers, inserted in legal periodicals and likepublications, when it will afford convenient andbeneficial information to lawyers desiring toobtain such service, is not improper. (Sec. 46,Canon of Professional Ethics)

• The Code of Professional Responsibilityprovides that a lawyer in making known hislegal services shall use only true, honest, fair,dignified and objective information orstatement of facts. Lawyers should not resortto indirect advertisements for professionalemployment.The standards of the legal profession condemnthe lawyer’s advertisement of his talent, thisrest on the fundamental postulate that thepractice of law is a profession. The lawyerdegrades himself and his profession who stoopsto and adopts the practices of mercantilism byadvertising his services or offering them to thepublic.

7 Tagorda was suspended for soliciting business. BeforeTagorda’s election to the provincial board of Isabela, he used acard offering services as an attorney and a notary public free.The card also stated that he was a candidate for the provincialboard. After his election, he wrote a letter to the barriolieutenant informing him that he would continue his practice aslawyer and asking that the lieutenant transmit this informationto the barrio.

CANON 3: A lawyer in making known hislegal services shall use only true, honest, fair,dignified and objective information orstatement of facts.

Rule 3.01. A lawyer shall not useor permit the use of any false,fraudulent, misleading, deceptive,undignified, self-laudatory, or unfairstatement or claim regarding hisqualifications or legal services.

Rule 3.02. In the choice of a firmname, no false, misleading orassumed name shall be used. Thecontinued use of the name of adeceased partner is permissibleprovided that the firm indicates in allits communications that said partner

is deceased.

Rule 3.03. Where a partneraccepts public office, he shallwithdraw from the firm and his nameshall be dropped from the firm nameunless the law allows him to practicelaw concurrently.

Rule 3.04. A lawyer shall not payor give anything of value torepresentatives of the mass media inanticipation of, or in return for,publicity to attract legal business.


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Canon 4: A lawyer shall participate indevelopment of the legal system by initiatingreform and in the improvement of theadministration of justice.

Not all types of advertising or solicitation areprohibited. The exceptions are of two broadcategories, those, which are expressly allowed,and those, which are necessarily implied fromthe restrictions. The first of such exceptions isthe publication in reputable law lists, in amanner consistent with the standards ofconduct imposed by the canons, or briefbiographical and informative data. (Ulep v.Legal Clinic (1993))

II. Rule 3.02. In the choice of a firm name, nofalse, misleading or assumed name shall be used.The continued use of the name of a deceasedpartner is permissible provided that the firmindicates in all its communications that said partneris deceased.

• The respondent’s use of the firm nameconstitutes a representation that beingassociated with Baker and McKenzie they could

“render legal services to the highest quality tomultinational business enterprises and othersengaged in foreign trade and investment.” Thisis unethical because Baker & McKenzie is notauthorized to practice law here. (Dacanay v.Baker and McKenzie, 136 SCRA 349(1985))

• Surviving partners cannot continue to use thenames of the deceased partners. The Courtheld, amongst others, that: Continued use will run counter to Art. 1815 CCwhich tacitly provides that names in a firmname of a partnership must be those of living

partners and, in case of non-partners, shouldbe living persons who can be subject toliability. The public relations value of the use ofan old firm name can create undue advantageand disadvantage in the practice of theprofession. (In the Matter of the Petition for Authority to Continue Use of the FirmName – Ozaeta, Romulo, de Leon, etc. andPetition for Authority to Continue Use ofFirm Name – Sycip, Salazar, Feliciano, etc.(1979)

III. Rule 3.03. Where a partner accepts

public office, he shall withdraw from the firm andhis name shall be dropped from the firm nameunless the law allows him to practice lawconcurrently

• Limitation: No Senator or member of the Houseof Representative may personally appearbefore any court of justice or before theElectoral Tribunal, or quasi-judicial and otheradministrative bodies… (Const, art. VI, sec.14)

• Prohibition: The President, Vice-President, themembers of the cabinet and assistants shall

not, unless otherwise provided in thisConstitution, hold any other office oremployment during their tenure. They shallnot, during said tenure, directly or indirectlypractice any profession… (Const, art. VII, sec. 13)

• Prohibition: No member of a ConstitutionalCommission shall, during his tenure, hold anyother office or employment. Neither shall he

engage in the practice of any profession…(Const, Art. IX, Sec. 2)

• It is unlawful for a public official or employeeto, among others: “engage in the privatepractice of their profession unless authorizedby the Constitution or law, provided that suchpractice will not conflict or tend to conflict withofficial functions.” (Samonte v. Gatdula, 303SCRA 756 (1999))8

IV. Rule 3.04. A lawyer shall not pay or giveanything of value to representatives of the massmedia in anticipation of, or in return for, publicityto attract legal business.

• It is bad enough to have such undue publicitywhen a criminal case is being investigated bythe authorities, even when it being tried incourt; but when said publicity andsensationalism is allowed, even encouraged,when the case is on appeal and is pendingconsideration by this Tribunal, the whole thingbecomes inexcusable, even abhorrent, and thisCourt, in the interest of justice, is constrainedand called upon to put an end to it and adeterrent against its repetition by meting anappropriate disciplinary measure, even apenalty to the one liable. (Cruz v. Salva, 105Phil 1151 (1959))


KNOW MORE:• While the lawyer’s task in contributing to the

improvement of the legal system is not amatter of strict duty, it is a duty neverthelessthat flows from the lawyer’s sense of publicresponsibility. The improvement of the legal

system cannot, however, be done by dreamingin a vacuum. The lawyer must recognize thatthe law is a part of vast social network andwhether he likes it or not, he has to interactwith the rest of society. There is thus the needon the part of the lawyer to transcend thenarrow limits of technical law. Intricately wovenis the law with the social fabric that the legalprofession cannot afford to confine itself tonarrowly technical legal questions. A lawyermust broaden out and continue to grow inknowledge and competence in order to be ableto make the law socially responsive. (Agpalo)

KNOW MORE:

• Bar Matter 850 Mandatory ContinuingLegal Education9

• Members of the IBP, except those exemptunder Rule 7 of Bar Matter No. 850 (Mandatory

8 Facts: The name of Rolando Gatdula, a branch clerk of court,appeared on the calling card of a firm9 ANNEXED


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LEGAL ETHICS

Canon 5: A lawyer shall keep abreast of legal developments, participate incontinuing legal education programs,support efforts to achieve higheststandards in law schools as well as in thepractical training of law students andassist in disseminating information

regarding law and jurisprudence.

Continuing Legal Education), are required every3 years to complete at least 36 hours ofcontinuing legal education activities, withappropriate penalties for failure to do so.(Agpalo)


MEMORY AID FOR RULES UNDER CANON 6:o

Primary Duty: See Justice Is Done (Rule 6.01)o Not to Use Public Position for Private Interest

(Rule 6.02) o Not to Engage in Related Employment (Rule

6.03)

KNOW MORE:

• RA 6713, (Code of Conduct and EthicalStandards for Public Officials andEmployees.)Sec. 4(A)

Norms of Conduct of Public Officials and

Employees.

(A) Every public official and employee shall observethe following as standards of personal conductin the discharge and execution of officialduties:

(a) Commitment to public interest. - Publicofficials and employees shall always upholdthe public interest over and above personalinterest. All government resources andpowers of their respective offices must beemployed and used efficiently, effectively,honestly and economically, particularly to

avoid wastage in public funds andrevenues.

(b) Professionalism. - Public officials andemployees shall perform and dischargetheir duties with the highest degree ofexcellence, professionalism, intelligenceand skill. They shall enter public servicewith utmost devotion and dedication toduty. They shall endeavor to discouragewrong perceptions of their roles asdispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and

employees shall remain true to the peopleat all times. They must act with justnessand sincerity and shall not discriminateagainst anyone, especially the poor and theunderprivileged. They shall at all timesrespect the rights of others, and shallrefrain from doing acts contrary to law,good morals, good customs, public policy,public order, public safety and publicinterest. They shall not dispense or extendundue favors on account of their office to

their relatives whether by consanguinity oraffinity except with respect toappointments of such relatives to positionsconsidered strictly confidential or asmembers of their personal staff whoseterms are coterminous with theirs.

(d) Political neutrality. - Public officials andemployees shall provide service toeveryone without unfair discrimination andregardless of party affiliation or preference.

(e) Responsiveness to the public. - Publicofficials and employees shall extendprompt, courteous, and adequate service tothe public. Unless otherwise provided bylaw or when required by the public interest,public officials and employees shall provideinformation of their policies and proceduresin clear and understandable language,ensure openness of information, publicconsultations and hearings wheneverappropriate, encourage suggestions,simplify and systematize policy, rules andprocedures, avoid red tape and develop anunderstanding and appreciation of thesocio-economic conditions prevailing in thecountry, especially in the depressed ruraland urban areas.

(f) Nationalism and patriotism. - Public officialsand employees shall at all times be loyal tothe Republic and to the Filipino people,promote the use of locally produced goods,resources and technology and encourageappreciation and pride of country andpeople. They shall endeavor to maintainand defend Philippine sovereignty againstforeign intrusion.

(g) Commitment to democracy. - Publicofficials and employees shall committhemselves to the democratic way of lifeand values, maintain the principle of publicaccountability, and manifest by deeds thesupremacy of civilian authority over themilitary. They shall at all times uphold theConstitution and put loyalty to countryabove loyalty to persons or party.

(h) Simple living. - Public officials andemployees and their families shall leadmodest lives appropriate to their positionsand income. They shall not indulge inextravagant or ostentatious display ofwealth in any form.


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LEGAL ETHICS

Canon 6. These Canons shall apply to lawyers ingovernment service in the discharge of theirofficial duties.

Rule 6.01. The primary duty of alawyer in public prosecution is not toconvict but to see that justice is done.The suppression of facts or theconcealment of witnesses capable ofestablishing the innocence of theaccused is highly reprehensible and iscause for disciplinary action.

Rule 6.02. A lawyer in governmentservice shall not use his public positionto promote or advance his privateinterests, nor allow the latter tointerfere with his public duties.

Rule 6.03. A lawyer shall not, afterleaving government service, acceptengagement or employment inconnection with any matter in which hehad interned.


I. Rule 6.01. The primary duty of a lawyer inpublic prosecution is not to convict but to see that

justice is done. The suppression of facts or theconcealment of witnesses capable of establishingthe innocence of the accused is highly

reprehensible and is cause for disciplinary action.

• The benefit of the doubt belongs to theprosecuting attorney. The prosecuting attorneyis under no compulsion to file a particularcriminal information where he is not convincedthat he has evidence to prop up the avermentsthereof, or that the evidence at hand points toa different conclusion. (People v. Pineda, 20SCRA 748 (1967))

• A public prosecutor is a quasi-judicial officerwho represents, not an ordinary party to acontroversy, but sovereignty. This sovereignty

has its obligation to govern impartially.Therefore, the interest in a criminal prosecutionis not that it shall win a case but that justiceshall be done. (Agpalo)

II. Rule 6.02. A lawyer in government serviceshall not use his public position to promote oradvance his private interests, nor allow the latter tointerfere with his public duties.

• While the charges have to be dismissed, still itwould not be inappropriate for respondent toavoid all appearances of impropriety.Respondent, in his future actuations as amember of the bar, should refrain from layinghimself open to such doubts and misgivings asto his fitness not only for the position occupiedby him but also for membership in the bar. Heis not worthy of membership in an honorableprofession who does not even take care that

his honor remains unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976))10

• A member of the Bar who assumes public officedoes not shed his professional obligation. TheCPR was not meant to govern the conduct ofprivate petitioners alone, but of all lawyersincluding those in government service. Lawyers

in government are public servants who owe theutmost fidelity to the public service. Thus theyhave to be mores sensitive in the performanceof their professional obligations…. A lawyer inpublic service is a keeper of public faith and isburdened with a high degree of socialresponsibility, perhaps higher than herbrethren in private practice. (Vitriolo v.Dasig, 400 SCRA 172 (2003))11

III. Rule 6.03. A lawyer shall not, afterleaving government service, accept engagement oremployment in connection with any matter in which

he had intervened while in said service.

• RA 3019, Sec. 3(d) (Anti-Graft and CorruptPractices Act). In addition to acts or omissionsof public officers already penalized by existinglaw, the following shall constitute corruptpractices of any public officer and are herebydeclared to be unlawful: (d) Accepting orhaving any member of his family acceptemployment in a private enterprise which haspending official business with him during thependency thereof or within one year after itstermination.

• RA 6713, Sec. 7(b). In addition to acts andomissions of public officials and employees notprescribed in the Constitution and existinglaws, the following shall constitute prohibitedacts and transactions of any public official andemployee and are hereby declared to beunlawful: (b) Outside employment and otheractivities related thereto.—Public officials andemployees during their incumbency shall not:

1) Own, control, manage or accept employmentas officer employee, consultant, counsel,broker, agent, trustee or nominee / in anyprivate enterprise regulated, supervised orlicensed by their office / unless expressly

allowed by law;2) Engage in the private practice of their

profession unless authorized by theConstitution or law, provided that such practicewill not conflict or tend to conflict with theirofficial functions; or

3) Recommend any person to any position in aprivate enterprise which has a regular orpending official transaction with their office.

10 FACTS: Atty. San Juan, a captain of the MM Police force and amember of the bar was charged with coercing an employee,Misamin, to agree to drop charges filed against his employer Tan

Hua for violation of the Minimum Wage Law. The case wasdismissed for lack of evidence.11 FACTS: The SC disbarred Atty. Felina Dasig, the OIC of theLegal Affairs Service of CHED, for making unlawful demands toextort money from certain people who had pending applicationsin her office for correction of names. Generally speaking, alawyer who holds a government office may not be disciplined asa member of the Bar for misconduct in the discharge of hisduties as government official. However, if said misconduct as agovernment official also constitutes a violation of his oath as alawyer then he may be disciplined by this Court as a member ofthe Bar.


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LEGAL ETHICS

These prohibitions shall continue to apply for aperiod of 1 year after resignation, retirement orseparation from public office, / except in caseof subparagraph (2) above, / but theprofessional concerned cannot practice hisprofession in connection with any matter beforethe office he used to be with, / in which casethe one year prohibition shall likewise apply.

• RA 910 Sec. 1 (condition of pension). Noretiring justice or judge of a court of record orcity or municipal judge during the time that heis receiving said pension shall appear ascounsel in any court in any civil case where inthe govt. or any of its subdivisions orinstrumentalities is an adverse party, in acriminal case were an officer or employee ofthe govt. is accused of an offense related to hisofficial function, or collect any fee for hisappearance in any administrative proceedingsto maintain an interest adverse to the govt.

• In determining whether Atty. Mendozacommitted a breach of Rule 6.03, certainfactual predicates should be established, thus:(a) in connection with what “matter” has Atty.Mendoza accepted an engagement oremployment after leaving the governmentservice?; (b) in connection with what “matter”did he intervene while in government service?;and (c) what acts did he particularly perform in

“intervening” in connection with such “matter”?

The first concern in assessing the applicabilityof the Rule is the definition of “matter.” Thesame lawsuit or litigation is the same matter.The same issue of fact involving the sameparties and the same situation or conduct is thesame matter. By contrast, work as agovernment employee in drafting, enforcing orinterpreting government or agency procedures,regulations, or laws, or in briefing abstractprinciples of law, does not disqualify the lawyerunder DR 9-101 (B) from subsequent privateemployment involving the same regulations,procedures, or points of law; the same

“matter” is not involved because there islacking the discrete, identifiable transaction orconduct involving a particular situation andspecific parties.

Intervention” is interference that may affectthe interest of others. Since the word

“intervene” has two connotations, one affectinginterest of others and one done merely ininfluencing others, Rule 6.03 should be read inthe context of the former. To interpret itotherwise is to enlarge the coverage of Rule6.03. (PCGG v. Sandiganbayan, 455 SCRA526 (2005))

B. The Lawyer and the Legal Profession

MEMORY AID FOR CANONS UNDER THISSECTION:1. Uphold Dignity and Integrity in the Profession

(Canon 7) 2. Courtesy, Fairness, Candor Towards

Professional Colleagues (Canon 8) 3. Unauthorized Practice of Law (Canon 9)


MEMORY AID FOR RULES UNDER CANON 7:o No False Statement (Rule 7.01)o Not to Support Unqualified Bar Applicant (Rule

7.02)o No Conduct Adversely Affecting the Profession

(Rule 7.03)

KNOW MORE:

• The basic postulate of the IBP is that it is non-political in character and that there shall beneither lobbying nor campaigning in the choiceof the IBP Officers. The spectacle of lawyersbribing or being bribed to vote did not upholdthe honor of the profession nor elevate it in thepublic’s esteem. (In Re: Election of the IBP,178 SCRA 398 (1989))

• More than just paying IBP Membership dues, alawyer should help achieve objectives andpurposes of the IBP, i.e.,• assist in the administration of justice;• foster and maintain on the part of its

members high ideals of integrity, learning,professional competence, public service andconduct;

• safeguard the professional interests of itsmembers;

• cultivate among its members a spirit ofcordiality and brotherhood;

• provide a forum for the discussion of law,

jurisprudence, law reform, pleading,practice and procedure and the relations ofthe bar thereto; encourage and foster legaleducation;

• promote a continuing program of legalresearch in substantive and adjective law,and make reports and recommendationsthereon. (Agabin)

• The act of downloading the test questions fromthe bar examiner’s PC without the latter’s

Canon 7: A lawyer shall at all timesuphold the integrity and dignity of the legalprofession and support the activities of theintegrated bar.

Rule 7.01. A lawyer shall beanswerable for knowingly making afalse statement or suppressing amaterial fact in connection with hisapplication for admission to the bar.

Rule 7.02. A lawyer shall notsupport the application foradmission to the bar of any personknown by him to be unqualified inrespect to character, education, orother relevant attribute.

Rule 7.03. A lawyer shall notengage in conduct that adverselyreflects on his fitness to practicelaw, nor shall he, whether in publicor private life, behave in ascandalous manner to the discreditof the legal profession.


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Canon 8. A lawyer shall conduct himselfwith courtesy, fairness, and candor toward hisprofessional colleagues, and shall avoidharassing tactics against opposing counsel.

Rule 8.01. A lawyer shall not, inprofessional dealings, use language

which is abusive, offensive or otherwiseimproper.

Rule 8.02. A lawyer shall not,directly or indirectly, encroach upon theprofessional employment of anotherlawyer; however, it is the right of anylawyer, without fear or favor, to giveproper advice and assistance to thoseseeking relief against unfaithful orneglectful counsel.

knowledge and permission was a criminal act oflarceny. By transmitting and distributing thestolen questions to his fraternity brothers, hehad given them undue advantage over theother bar takers. (Re: 2003 BarExaminations, 421 SCRA 703 (2004))

• Re: Payment of IBP Dues: The integration ofthe Phil. Bar means the unification of the entirelawyer population requiring membership andfinancial support of every attorney as conditionsine qua non to the practice of law and theretention of his name in the Roll of Attorneys ofthe SC. Bar integration does not compel thelawyer to associate.The only compulsion is the payment of annualdues which, the SC, in order to foster theState’s legitimate interest in elevating thequality of professional legal services, mayrequire to be shared by all the subjects andbeneficiaries – the lawyers. The fee is aregulatory measure not barred by theConstitution. The only limitation is that theregulation should not impose anunconstitutional burden. The public interest faroutweighs the slight inconvenience to amember. The compulsory nature of paymentof dues subsists for as long as one’smembership in the IBP remains, regardless ofthe extent of practice of a lawyer. (Letter of Atty. Cecilio Arevalo, 458 SCRA 209(2005))

I. Rule 7.01. A lawyer shall be answerable forknowingly making a false statement or suppressinga material fact in connection with his application foradmission to the bar.

• Observance of the duties and responsibilities ofa lawyer begins even as a law student. Astudent’s failure to live up to them may be aground for SC to refuse admission to practiceor for disbarment should SC learn later onabout his/her transgressions. (Agpalo)

II. Rule 7.02. A lawyer shall not support theapplication for admission to the bar of any personknown by him to be unqualified in respect tocharacter, education, or other relevant attribute.

• A lawyer should not readily execute an affidavitof good moral character in favor of an applicantwho has not live up to the standard set by law.He should volunteer information or cooperate inany investigation concerning alleged anomalyin the bar examination. This is to help guardthe profession from candidates who are unfit orunqualified. He should expose without fear orfavor before the SC corrupt or dishonestconduct in the profession and should nothesitate to accept professional employmentagainst a lawyer who has wronged his client.(Agpalo)

III. Rule 7.03. A lawyer shall not engagein conduct that adversely reflects on his fitness topractice law, nor shall he, whether in public orprivate life, behave in a scandalous manner to thediscredit of the legal profession.

• In a disbarment proceeding, it is immaterialthat the complainant is aware of his maritalstatus or that he was not caught in pari delicto because this is not a proceeding to grant relief

to the complainant but one to purge the lawprofession of unworthy members, to protectthe public and the court. Possession of goodmoral character is not only a conditionprecedent to admission to the legal profession,but its continued possession is essential tomaintain one’s good standing in the profession.(Zaguirre v. Castillo, 398 SCRA 659(2003))12


MEMORY AID FOR RULES UNDER CANON 8:

o No Abusive and Improper Language (Rule8.01)

o Not to Encroach on Professional Employment(Rule 8.02)

KNOW MORE:

I. Rule 8.01. A lawyer shall not, in professionaldealings, use language which is abusive, offensiveor otherwise improper.

• The fact that one of the lawyers conductshim/herself improperly does not relieve the

other from professional obligation in hisrelation with him/her. (Agpalo)

• Any undue ill-feeling between clients should notinfluence counsels in their conduct anddemeanor toward each other. While lawyersowe entire devotion to the interest of theirclients, their office does not permit violation of

12 FACTS: Zaguirre and Castillo were officemates at the NBI.Zaguirre said that Castillo represented himself to be single,courted her and promised her marriage. Soon they had intimaterelations and Zaguirre became pregnant. During their affair,Castillo was preparing for the bar exam which he passed. Onlyafter Castillo was admitted to the Bar did Zaguirre learn that hewas married. She presented an affidavit executed by Castillo,who by now is a lawyer admitting his relationship with her andrecognizing the baby she was carrying as his. However, when shegave birth, Castillo refused to recognize the child and to give herany form of support. Castillo denied all her allegations and saidthat what transpired between them was nothing but mutual lustand desire. He admitted that he executed the affidavit butexplained that he only did so to save Zaguirre fromembarrassment. He sought understanding from the court bypointing out that “men by nature are polygamous.” The SCindefinitely suspended him from the practice of law for grossimmoral conduct.


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the laws or any manner of fraud or chicanery. (Reyes vs. Chiong, Jr., 405 SCRA 212))

II. Rule 8.02. A lawyer shall not, directly orindirectly, encroach upon the professionalemployment of another lawyer; however, it is theright of any lawyer, without fear or favor, to giveproper advice and assistance to those seeking reliefagainst unfaithful or neglectful counsel.

• A lawyer should not steal the other lawyer’sclient nor induce the latter to retain him bypromise of better service, good result orreduced fees for his services. Neither should hedisparage another, make comparisons orpublicize his talent as a means to further hislaw practice. (Agpalo)

• He may accept employment to handle a matterpreviously handled by another lawyer, providedthat the other lawyer has been given notice oftermination of service. Without such notice, heshall only appear once he has obtainedconformity or has, at the very least, givensufficient notice of contemplated substitution. Alawyer’s appearance in the case without noticeto the first lawyer amounts to an improperencroachment upon the professionalemployment of the original counsel. (Agpalo)

• A lawyer should not, in the absence of theadverse party’s counsel, interview the adverseparty and question him as to the facts of thecase even if the adverse party was willing to doso. Neither should he sanction the attempt ofhis client to settle a litigated matter with theadverse party without the consent norknowledge of the latter’s counsel. (cf. Canon 9)(Agpalo)

• A client’s proffer of assistance of additionalcounsel should not be regarded as evidence ofwant of confidence but the matter should beleft to the determination of the client. The 2nd lawyer should communicate with the 1st beforemaking an appearance. Should the 1st lawyerobject, he should decline association but if the1st lawyer is relieved, he may come into thecase. (Agpalo)

• When there is conflict of opinions between twolawyers jointly associated in a case, the clientshould decide. The decision should be acceptedunless the nature of the difference makes itimpracticable for the lawyer whose judgmenthas been overruled to cooperate effectively. Inthis event, it is his/her duty to ask client torelieve him/her. (Agpalo)


MEMORY AID FOR RULES UNDER CANON 9:o Not to Delegate Work (Rule 9.01) o Not to Divide Legal Fees (Rule 9.02)

KNOW MORE:

• Rana’s having passed the bar and taking theoath does not make him a lawyer. It is thesigning in the Roll of Attorneys that finallymakes one a full-fledged lawyer. (Aguirre v.Rana, 403 SCRA 342 (2003))13

• Private practice does not pertain to an isolatedcourt appearance; rather, it contemplates asuccession of acts of the same nature

habitually or customarily holding one’s self tothe public as a lawyer. It is evident that theisolated appearances as pro bono counsel donot constitute the “private practice” of the lawprofession contemplated by law. Nonetheless,though his appearances do not amount toprivate practice, he still failed to obtain awritten permission from the head of theDepartment as required by the Revised CivilService Rules (No officer or employee shallengage directly in any private business,vocation or profession…). (OCA v. Ladanga,350 SCRA 326 (2001))14

13 FACTS: Edwin Rana passed the 2000 Bar Examinations but wasdenied admission after it was found that he appeared as counselfor a candidate in the May 2001 elections before the MunicipalBoard of Election Canvassers of Mandaon, Masbate where heeven filed a pleading representing himself as “counsel for and inbehalf of Vice Mayoralty candidate George Bunan.” All these hedid before signing the roll of attorneys.

14 FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerkof Court the RTC of Makati, for practicing law without priorpermission when he appeared as pro bono counsel for his cousin.Atty. Ladaga had actually requested the Court Administrator for

Canon 9. A lawyer shall not, directly orindirectly, assist in the unauthorized practice oflaw.

Rule 9.01. A lawyer shall notdelegate to any unqualified person theperformance of any task which by lawmay only be performed by a member ofthe Bar in good standing.

Rule 9.02. A lawyer shall not divideor stipulate to divide a fee for legalservices with persons not licensed topractice law, except:1. there is a pre-existing agreement

with a partner or associate that,upon the latter’s death, money shall

be paid over a reasonable period oftime to his estate or to personsspecified in the agreement; or

2. Where a lawyer undertakes tocomplete unfinished or legalbusiness of a deceased lawyer; or

3. Where a lawyer or law firm includesnon-lawyer employees in aretirement plan, even if the plan isbased in whole or in part, on profit-sharing arrangement.


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• A person not admitted to the bar may not hold

himself out to the public as engaged in thepractice of law, either alone or as associatedwith a practicing attorney under a firm name.(US v. Ney (1907))

• The title of “attorney” is reserved to those who,having obtained the necessary degree in thestudy of law and successfully taken the BarExaminations, have been admitted to the IBPand remain members thereof in good standing,and it is they only who are authorized topractice law in this jurisdiction. (Alawi v. Alauya (1997))15

I. Rule 9.01. A lawyer shall not delegate to anyunqualified person the performance of any taskwhich by law may only be performed by a memberof the Bar in good standing.

• Can employ secretaries, investigators,detectives, researches as long as they are notinvolved in the practice of law (e.g., not

“writing” pleadings, appearing in court, etc.)(Agpalo)

• NOTES FROM PROF: JARDALEZA: May a lawyerdelegate a case to another lawyer within thesame firm? If a client has specified the servicesof one particular attorney, then the case maynot be delegated. Otherwise, it may bedelegated.

II. Rule 9.02. A lawyer shall not divide orstipulate to divide a fee for legal services withpersons not licensed to practice law, except:a. Where there is a pre-existing agreement with a

partner or associate that, upon the latter’sdeath, money shall be paid over a reasonableperiod of time to his estate or to personsspecified in the agreement; or

b. Where a lawyer undertakes to completeunfinished or legal business of a deceasedlawyer; or

c. Where a lawyer or law firm includes non-lawyeremployees in a retirement plan, even if theplan is based in whole or in part, on profit-sharing arrangement.

• The first two exceptions to the rule representcompensation for legal service rendered by thedeceased lawyer during his lifetime, which ispaid to his estate or heirs. The third exceptionto the rule does not involve, strictly speaking, adivision of legal fees with non-lawyeremployees. The retirement benefits in theform of pension represent additional deferredwages or compensation for past services of theemployees (Agpalo)

authority to appear but nonetheless appeared beforeauthorization could be given.

15 FACTS: Alauya, a member of the Shari’a Bar used the title of“attorney”.

C. The Lawyer and the Courts

MEMORY AID FOR CANONS UNDER THISSECTION:1. Observe Candor, Fairness and Good Faith

(Canon 10) 2. Respect Courts and Judicial Officers (Canon

11)3. Assist in Speedy and Efficient Administration of

Justice (Canon 12) 4. Refrain from Act Giving Appearance of

Influence (Canon 13)


MEMORY AID FOR RULES UNDER CANON 10:o Truthfulness Towards the Court (Rule 10.01)o Not to Misquote or Misrepresent Contents of

Paper (Rule 10.02) o Observe Rules of procedure (10.03)

KNOW MORE:• As an officer of the court and as part of the

machinery for the administration of justice, alawyer is continually accountable to the courtfor the manner he discharges his duties and isalways subject to its disciplinary control(Agpalo)

• The oath to which all lawyers have subscribedin solemn agreement to dedicate themselves tothe pursuit of justice is not a mere ceremony orformality for practicing law to be forgotten

afterwards; nor is it mere words, drift andhollow, but a sacred trust that lawyers mustuphold and keep inviolable at all times. (TingDumali v. Torres (2004))

• A lawyer’s oath to uphold the cause of justice issuperior to his duty to his client; its primacy isindisputable. (Cobb Perez v. Lantin (1968))

Canon 10. A Lawyer owes candor,fairness and good faith to the Court.

Rule 10.01. A lawyer shall not

do any falsehood, nor consent to thedoing of any in Court, nor shall hemislead or allow the Court to bemisled by an artifice.

Rule 10.02. A lawyer shall notknowingly misquote or misrepresentthe contents of a paper, thelanguage or the argument ofopposing counsel, or the text of adecision or authority, or knowinglycite as law a provision alreadyrendered inoperative by repeal oramendment, or assert as a fact thatwhich has not been proved.

Rule 10.03. A lawyer shallobserve the rules of procedure andshall not misuse them to defeat theends of justice.


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I. Rule 10.01. A lawyer shall not do anyfalsehood, nor consent to the doing of any in Court,nor shall he mislead or allow the Court to be misledby an artifice.

• Canon 32 Code of Professional Ethics. Thelawyer's duty in its last analysis.No client corporate or individual, however,powerful nor any cause, civil or political,however important, is entitled to receive norshould any lawyer render any service or adviceinvolving disloyalty to the laws whose ministerswe are, or disrespect of the judicial office,which we are bound to uphold, or corruption ofany person or persons exercising a public officeor private trust, or deception or betrayal of thepublic. When rendering any such improperservice or advice, the lawyer invites and meritsstern and just condemnation. Correspondingly,he advances the honor of his profession andthe best interests of his client when he rendersservice or gives advice tending to impress uponthe client and his undertaking exact compliancewith the strictest principles of moral law. Hemust also observe and advice his client toobserve the statute law, though until a statuteshall have been construed and interpreted bycompetent adjudication he is free and isentitled to advise as to its validity and as towhat he conscientiously believes to be its justmeaning and extent. But above all a lawyer willfind his highest honor in a deserved reputationfor fidelity to private trust and to public duty,as an honest man and as a patriotic and loyalcitizen.

• A lawyer should not conceal the truth from thecourt, nor mislead the court in any manner nomatter how demanding his duties to clientsmay be. (Agpalo)

• A lawyer must be a disciple of truth. He sworeupon his admission to the bar that he will “dono falsehood nor consent to the doing of any incourt” and he shall “conduct himself as alawyer according to the best of his knowledgeand discretion with all good fidelity as well tothe courts as to his clients.” (Young v.Batuegas, 403 SCRA 123 (2003))16

• To warrant disciplinary action against a lawyer,who prosecutes false charges or complaints, itmust be shown that the charges are false andthe lawyer knows them to be so. (malice or badfaith) (Agpalo)

• If a lawyer, through negligence in theperformance of his duties as counsel for aparty, failed to discover the falsity of thedocument which he offered in evidence, he maystill be dealt with administrativelynotwithstanding lack of intent on his part to

16

FACTS: The Court suspended lawyers who filed aManifestation with Motion for Bail on Dec 13, 2000, allegingthat the accused voluntarily surrendered to a person inauthority. The truth is that the accused only surrendered on Dec14, 2000, as shown by the Certificate of Detention of the NBI.Respondents declared that on Dec 13, upon learning that awarrant of arrest was issued for their client, they filed theManifestation with motion for bail with the trial court. Thenthey immediately fetched the accused in Cavite and brought himto the NBI to voluntarily surrender. However,

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