Legal Ethics (Hizon Notes)

7/27/2019 Legal Ethics (Hizon Notes)

1/43

NOTES ON LEGAL ETHICS

Kenneth & King Hizon (3A) ____________________________________________

Facultad de Derecho Civil 1UNIVERSITY OF SANTO TOM

UNIVERSITY OF SANTO TOMASFaculty of Civil Law

A.Y. 2012-2013

First Semester

LEGAL ETHICS

Preliminaries

Q: What is Legal Ethics?

A: It is a branch of moral science which treats of duties which

an attorney owes to the court, to his client, to his colleagues

in the profession and to the public.

It provides the needed moral foundation in the study of lawintended to guide student throughout his life.

Q: What is the significance of Legal Ethics?

A: The practice of law will be transgressive, anarchic, riotous,

lawbreaking, defiant and disobedient to courts if there are no

set of governing rules to limit the parameters and tame the

exercise of the profession.

It will guard against abuses and ills of the profession such as

dishonesty, deceit, immorality, negligence, slothness, lack of

diligence and the many forms of malpractice of the members

of the bar.

It will raise the standard of the legal profession, encourage

and enhance the respect for the law, assure an effective and

efficient administration of justice. It provides the basis for the

wedding out of the unfit and misfit in the legal profession for

the protection of the public.

Q: What are the original bases of Legal Ethics?

A:

1. Canons of Professional Ethics2. Supreme Court Decisions3. Statutes4. Constitution5. Treatises and Publications

Q: What is the present basis of Philippine Legal Ethics?

A: The main basis of our Legal Ethics is the Code Professional

Responsibility.

It was originally drafted in 1980 by the IBP Committee on

Responsibility, Discipline and Disbarment. It was promulgated

on June 21, 1988.

Definition of Terms

Q: What is a Bar?

A: It refers to the whole body of attorneys and counselors

They are the members of the legal profession.

It refers to the collectivity of persons whose names appear in

the Roll of Attorneys.

Q: What is the Bench?

A: It is the whole body of judges.

Q: What is bar admission?

A: It is the act by which one is licensed to practice before

courts of a particular state or jurisdiction after satisfying

certain requirements:

a. Bar examinationsb. Period of residencyc. Admission on grounds of reciprocity after period of

years as member of the bar

Q: Who is a lawyer?

A: It refers to a person trained in the law and authorized to

advise or represent others in legal matters.

It is a person licensed to practice law.

Q: Who is a trial lawyer?

A: He is one who personally handles cases in court

administrative agencies or boards which means engaging in

actual trial work.

Q: Who is a practicing lawyer?

A: He is one engaged in the practice of law.


2/43




Q: What do you mean by practice of law?

A: It is any activity, in or out of court, which requires the

application of law, legal procedure, knowledge, training, and

experience.

NOTE: All trial lawyers are practicing lawyers, but not all

practicing lawyers are trial lawyers.

Q: Who is a client?

A: He is one who engages the services of a lawyer for legal

advice or for purpose of prosecuting or defending a suit in his

behalf and usually for a fee.

Q: Who are attorneys-at-law?

A: They are those who are by license, officers of the courts,

empowered to appear, prosecute and defend, and upon

whom the peculiar duties, responsibilities and liabilities are

developed by law as a consequence.

NOTE: It is synonymous with counselor-at-law, lawyer,

attorney, counsel, abogado and boceros.

Alawi v. Alauya

Q: Is an officer of the Sharia Court entitled to the use of the

title lawyer?

A: No. Persons who pass the Sharia Bar are not full -fledged

members of the Philippine Bar.

The title of attorney is reserved to those who, having

obtained the necessary degree in the stufdy of law and

successfully taken the Bar Examinations, have been admitted

to the IBP.

Q: Who is an attorney-in-fact?

A: He is simply an agent whose authority is strictly limited by

the instrument appointing him.

His authority is provided in a special power of attorney or

general power of attorney. He is not necessarily a lawyer.

Q: What is counsel de officio?

A: He is a counsel, appointed or assigned by the court, from

among such members of the bar in good standing who, by

reason of their experience and ability, may adequately

defend the accused.

He need not be a lawyer. In localities where members of the

bar are not available, the court may appoint any person,

resident of the province and of good repute for probity and

ability, to defend the accused.

Q: What is an attorney ad hoc?

A: A person named and appointed by the court to defend an

absentee defendant in the suit which the appointment is

made.

Q: Who is an Attorney of Record?

A: He is an attorney whose name must appear somewhere in

permanent records or files of case, or on the pleadings o

some instrument filed in the case, or on appearance docket

Person whom the client has named as his agent upon whom

the service of papers may be made.

Q: What is an of counsel?

A: They are associate lawyers.

Q: Who is the Lead counsel?

A: He is the one charged with the principal management and

direction of partys case. He is the chief or primary attorney in

class action or multi-district litigation.

Q: Who is a House Counsel?

A: He is a lawyer who acts as attorney for business though

carried as an employee of that business and not an

independent lawyer. Such lawyer advises business on day to

day matters.

Q: Who is an amicus curiae?

A: He is a friend of the court. A person with strong interest in

or views on the subject matter of an action, but not a party to

the action, may petition the court for permission to file a

brief. Such brief are commonly filed in appeals concerning

matters of a broad public interest.

NOTE: It merely acts s consultant to guide the court in a

doubtful question or issue pending before it. He serves

without compensation.

Q: What is amicus curiae par excellence?

A: They are bar associations who appear in court as amicus

curiae.

Commission on Bar Discipline (CBD)

The CBD is the investigating arm of the SC on administrative

matters involving disbarment case against lawyers.

Q: Who is n advocate?


3/43




A: It is a lawyer who pleads on behalf of someone else. He

pleads the cause of another before a tribunal or judicial court.

He is a counselor.

Q: Who is a barrister?

A: He is a person entitled to practice law as an advocate or

counsel in superior courts.

Q: Who is a Solicitor?

A: In the Philippines, he is a government lawyer attached with

the Office of the Solicitor General.

Integration of the Bar

This is the unification of the entire lawyer population.

It is an official national body of which all lawyers are required

to be members.

Integrated Bar of the Philippines

The IBP is created on January 16, 1973. It is constituted on

May 4, 1973 into a body of corporate by PD No. 181.

Q: What are the objectives of IBP?

A: The following are the general objectives of the Integrated

bar:

1. to elevate the standards of the legal profession,2. to improve the administration of justice; and3. to enable the Bar to discharge its public

responsibilities more effectively.

4. Assist in the administration of justice;5. Foster and maintain, on the part of its members,

high ideals of integrity, learning, professional

competence, public service and conduct;

6. Safeguard the professional interests of its members;7. Cultivate among its members a spirit of cordiality

and brotherhood;

8. Provide a forum for the discussion of law,jurisprudence, law reform, pleading, practice and

procedure, and the relations of the Bar to the Bench

and to the public, and publish information relatingthereto;

9. Encourage and foster legal education; and10. Promote a continuing program of legal research in

substantive and adjective law, and make reports and

recommendations thereon.

Membership in the IBP Chapter

A lawyer does not automatically become a member of the IBP

chapter where he resides or works after becoming a full-

fledged member of the IBP. He has discretion to choose the

IBP Chapter he wants to join.

There is no such thing retirement as retirement in the IBP as

understood in labor law.

IBP is a Non-Political Bar

The Integrated Bar shall be strictly non-political, and every

activity tending to impair this basic feature is strictly

prohibited and shall be penalized accordingly. No lawyer

holding an elective, judicial, quasi-judicial or prosecutory

office in the Government or any political subdivision or

instrumentality thereof shall be eligible for election or

appointment to any position in the Integrated Bar or any

Chapter thereof. A Delegate, Governor, Officer or employee

of the Integrated Bar, or an officer or employee of any

Chapter thereof shall be considered ipso facto resigned from

his position as of the moment he files his certificate of

candidacy for any elective public office or accepts

appointment to any judicial, quasi judicial, or prosecutory

office in the Government or any political subdivision orinstrumentality thereof(Section 13 of Rule 139-A).

Q: When was the IBP constituted as a body corporate?

A: On May 4, 1973.

Positions in the IBP are honorary

Except as may be specifically authorized or allowed by the

Supreme Court, no Delegate or Governor and no national or

local Officer or committee member shall receive any

compensation, allowance or emolument from the funds of

the Integrated Bar for any service rendered therein or be

entitled to reimbursement for any expense incurred in the

discharge of his functions (Section 14).

Voluntary Bar Associations

All voluntary Bar associations now existing or which may

hereafter be formed may co-exist with the Integrated Bar but

shall not operate at cross-purposes therewith.

Membership as mandatory

Membership in the National IBP is mandatory.

IBP as the investigating arm of the SC in investigating

disbarment cases

Q: Does the IBP have the power to suspend or disbar?

A: No. The recommendations of the IBP are subject to appea

to the SC which alone has the prerogative to disbar.


4/43




Admission to the practice of law

Power to admit to practice is vested in the Supreme Court.

Q: What are the basic requirements for all applicants for

admission to the bar?

A: Every applicant for admission as a member of the bar:

a. must be a citizen of the Philippines,b. at least twenty-one years of age,c. of good moral character, andd. a resident of the Philippines; ande. must produce before the Supreme Court satisfactory

evidence of good moral character, and that no

charges against him, involving moral turpitude, have

been filed or are pending in any court in the

Philippines.

Q: What are the basic requirements for all applicants for


A:

Sec. 5 of Rule 138: All applicants for admission shall, before

being admitted to the examination, satisfactorily show that

they have regularly studied law for four years, and

successfully completed all prescribed courses, in a law

school or university, officially approved and recognized by

the Secretary of Education. The affidavit of the candidate,

accompanied by a certificate from the university or school of

law, shall be filed as evidence of such facts, and further

evidence may be required by the court.

No applicant shall be admitted to the bar examinations unless

he has satisfactorily completed the following courses in a law

school or university duly recognized by the government:

a. civil lawb. commercial lawc. remedial lawd. criminal lawe. public and private international lawf. political lawg. labor and social legislationh. medical jurisprudencei. taxation and legal ethics.

Sec. 6. Pre-Law. - No applicant for admission to the bar

examination shall be admitted unless he presents a certificate

that he has satisfied the Secretary of Education that, before

he began the study of law, he had pursued and satisfactorily

completed in an authorized and recognized university or

college, requiring for admission thereto the completion of a

four-year high school course, the course of study prescribed

therein for a bachelor's degree in arts or sciences with any of

the following subjects as major or field of concentration

political science, logic, english, spanish, history and

economics.

NOTE: No particular law school has a monopoly of knowledge

of law.

Good moral character

With regard to the requirement of good moral character, the

candidate must hold and continue to possess it even after he

has been admitted to the legal profession.

Good moral character is not only a condition precedent to

admission to the practice of law, its continued possession is

also essential for remaining in the practice of law.

Practice of law is privilege

NOTE: While the practice of law is a privilege, it has also the

nature of a right.

The practice of law is not property right but a mere privilege.

It is not a natural or constitutional right.

The right to practice of law is not a natural or constitutiona

right but is in the nature of a privilege or franchise. It is

limited to person of good moral character with specia

qualifications duly ascertained and certified.

Practice of law as a right

The lawyer cannot be prevented from practicing law except

for valid reasons as the practice of law is not a matter of

States grace or favor.

Lawyers cannot be prevented from seeing their clients under

detention. Lawyers cannot also be deprived of their license to

practice law without due process. The privilege to practice

law is a right by itself but just like any other rights, it is

subject to limitations.

Who are entitled to practice law

Q: Who may practice law?

A: Any person heretofore duly admitted as a member of thebar, or hereafter admitted as such in accordance with the

provisions of this rule, and who is in good and regular

standing, is entitled to practice law.

Practice of Law

Practice of law covers any activity, in or out of court, which

requires the application of law, legal procedure, knowledge,

training, and experience.


5/43




It implies the customary or habitual holding of oneself to the

public as a lawyer and demanding compensation for his legal

services.

Cayetano v. Monsod

Practice of law means any activity, in or out of court, which

requires the application of law, legal procedure, knowledge,

training and experience. "To engage in the practice of law is

to perform those acts which are characteristics of the

profession. Generally, to practice law is to give notice or

render any kind of service, which device or service requires

the use in any degree of legal knowledge or skill."

Interpreted in the light of the various definitions of the term

Practice of law". particularly the modern concept of law

practice, and taking into consideration the liberal

construction intended by the framers of the Constitution,

Atty. Monsod's past work experiences as a lawyer-economist,

a lawyer-manager, a lawyer-entrepreneur of industry, a

lawyer-negotiator of contracts, and a lawyer-legislator of

both the rich and the poor verily more than satisfy theconstitutional requirement that he has been engaged in

the practice of law for at least ten years.

Ulep v. Legal Clinc Inc.

In the practice of his profession, a licensed attorney at law

generally engages in three principal types of professional

activity: legal advice and instructions to clients to inform

them of their rights and obligations, preparation for clients of

documents requiring knowledge of legal principles not

possessed by ordinary layman, and appearance for clients

before public tribunals which possess power and authority to

determine rights of life, liberty, and property according to

law, in order to assist in proper interpretation and

enforcement of law.

Q: What are the basic characteristics of the practice of law?

A:

1. law advocacy is not capital that yields profits;2. it is impressed with public interests for which it is

subject to state regulation;

3. it cannot be assigned or inherited but must beearned;

4. a privilege burdened with conditions;5. habitually and customarily holding ones self to the

public as a lawyer;

6. reserved to those academically trained in law andpossessed good moral character not only at the time

of his admission to bar but even so thereafter; and

7. a profession and not a business as it is essential partin the administration of justice.

Non-lawyers who are authorized to appear in court

GR: Only those who are licensed to practice law can appear

and handle cases in court.

XPN:

1. In cases before the MTCs, a party may conduct hisown case or litigation in person, with the aid of an

agent appointed by him for that purpose;

2. Before any other court, a party may conduct hislitigation personally. But if he authorized someone

to aid him, that someone must be an authorized

member of the bar. He is bound by the same rules in

conducting the trial of his case. He cannot, after

judgment, claim he was not properly represented by

counsel.

LAW STUDENT PRACTICE RULERule 138-A

SECTION 1. Conditions for Student Practice. - A law student

who has successfully completed 3rd year of the regular four

year prescribed law curriculum and is enrolled in a

recognized law school's clinical legal education program

approved by the Supreme Court, may appear without

compensation in any civil, criminal or administrative case

before any trial court, tribunal, board or officer, to

represent indigent clients accepted by the legal clinic of the

law school. chan robles virtual law library

SEC. 2. Appearance. - The appearance of the law student

authorized by this rule, shall be under the direct supervision

and control of a member of the Integrated Bar of the

Philippines duly accredited by the law school. Any and al

pleadings, motions, briefs, memoranda or other papers to

be filed, must be signed by the supervising attorney for and

in behalf of the legal clinic. chan robles virtual law library

The rule however is different if the law student appears

before an inferior court, where the issues and procedure are

relatively simple. In inferior courts, a law student may appea

in his personal capacity without the supervision of a lawyer.

A law student may appear before an inferior court as an

agent or friend of a party without the supervision of a

member of the bar.

Section 34 of Rule 138 is clear that appearance before the

inferior courts by a non-lawyer is allowed, irrespective o

whether or not he is a law student.

Under the Labor Code, non-lawyers may appear before the

NLRC or any Labor Arbiter if:


6/43




a. They represent themselves, orb. If they represent their organizations or members

thereof with written authorization of the latter; or

c. They are duly accredited members of any legal aidoffice duly recognized by the DOJ, or the IBP in cases

referred to by the latter.

Q: What is the punishment for persons who pretend to be

lawyers?

A: The unauthorized practice of law by assuming to be an

attorney and acting as such without authority constitutes

direct contempt which is punishable by fine or imprisonment

or both.

NOTE: A suspended lawyer cannot practice law during the

period of his suspension.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THEPHILIPPINES

Q: Who are the public officials prohibited to engage in the

private practice of law?

A:

1. Judges and other officials or employees of thesuperior courts;

2. Officials and employees of the OSG;3. Government prosecutors;4. President, Vice-President, Members of the Cabinet,

their deputies and assistants;

5. Members of the Constitutional Commissions;6. Members of the JBC;7. Ombudsman and his deputies;8. All governors, city and municipal mayors; and9. Those who by special law are prohibited from

engaging in the practice of their legal profession.

Q: Who are the public officials with restrictions in the

practice of law?

A: Some public officials are not absolutely disqualified to

practice law. They are merely subject to certain restrictions:

a. No senator or members of the House ofRepresentatives may personally appear as counsel

before any court of justice of before the Electoral

Tribunals, or quasi-judicial and other administrative

bodies;

NOTE: The senator or Congressman is allowed to engage in

other aspects of the law practice such as the giving of legal

advice to clients, negotiating contracts in behalf of clients

which necessitates legal knowledge, preparation of

documents of conveyancing and similar others.

b. Under the LGC, Sangguniang members may practicetheir professions, provided that if they are members

of the Bar, they shall not:

1. Appear as counsel before any court in any civil casewherein he LGU or office, agency, or instrumentality

of the government is the adverse party;

2. Appear as counsel in any criminal case wherein anofficer or employee of the national or loca

government is accused of an offense committed in

relation to his office;

3. Collect any fee for their appearance inadministrative proceedings involving LGU of which

he is an official;

4. Use of property and personnel of the governmentexcept when the sangguniang member concerned is

defending the interest of the government.

c. Retired justice or judge receiving pension from thegovernment, cannot act as counsel in any civil casein which the government or any of its subdivisions o

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.

Q: May a lawyer who has lost his Filipino citizenship stil

practice law in the Philippines?

A: GR: The Constitution provides that the practice of al

professions in the Philippines shall be limited to Filipino

citizens save in cases prescribed by law. Since Filipino

citizenship is a requirement for admission to the bar, loss

thereof terminates membership in the Philippine bar and

consequently, the privilege to engage in the practice of law

In other words, the loss of Filipino citizenship ipso

jure terminates the privilege to practice law in the

Philippines. The practice of law is a privilege denied to

foreigners.

XPN: When Filipino citizenship is lost by reason o

naturalization as a citizen of another country but

subsequently reacquired pursuant to RA 9225. This is because

all Philippine citizens who become citizens of another

country shall be deemed not to have lost their Philippinecitizenship under the conditions of [RA 9225]. Therefore, a

Filipino lawyer who becomes a citizen of another country is

deemed never to have lost his Philippine citizenship if he

reacquires it in accordance with RA 9225. Although he is also

deemed never to have terminated his membership in the

Philippine bar, no automatic right to resume law practice

accrues.

Under RA 9225, if a person intends to practice the lega

profession in the Philippines and he reacquires his Filipino


7/43




citizenship pursuant to its provisions (he) shall apply with

the proper authority for a license or permit to engage in such

practice. Stated otherwise, before a lawyer who reacquires

Filipino citizenship pursuant to RA 9225 can resume his law

practice, he must first secure from this Court the authority

to do so, conditioned on:

a. the updating and payment in full of the annualmembership dues in the IBP;

b. the payment of professional tax;c. the completion of at least 36 credit hours of

mandatory continuing legal education; this is

especially significant to refresh the

applicant/petitioners knowledge of Philippine laws

and update him of legal developments and

d. the retaking of the lawyers oath which will not onlyremind him of his duties and responsibilities as a

lawyer and as an officer of the Court, but also renew

his pledge to maintain allegiance to the Republic of

the Philippines.

BACKGROUND OF CODE OF PROFESSIONAL RESPONSIBILITY(CPR)

The CPR is the principal source and basis of the rule of ethics

for members of the bar who do not belong to the judiciary.

For judges and justices, it is the Code of Judicial Ethics.

The CPR applies to lawyers in the government service except

the magistrates.

Q: When was the CPR promulgated?

A: On June 21, 1988.

NOTE: The CPR is based on the Canons of Professional Ethics

of the American Bar Association.

SC not predisposed to grant full independence to the IBP CPR is binding on all lawyers. Violation thereof is a

ground for disciplinary action.

DUTIES OF ATTORNEYS UNDER THE RRC

Q: What are the duties of an attorney?

A: Sec. 20. Duties of attorneys. - It is the duty of an

attorney:

a. To maintain allegiance to the Republic of thePhilippines and to support the Constitution and obey

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 or proceedingsonly as appear to him to be just, and such defenses

only as he believes to be honestly debatable under

the law;

d. To employ, for the purpose of maintaining thecauses 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;

e. To maintain inviolate the confidence, and at everyperil 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;

f. To abstain from all offensive personality and toadvance 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 charged;

g. Not to encourage either the commencement or thecontinuance of an action or proceeding, or delay any

man's cause, from any corrupt motive or interest;

h. Never to reject, for any consideration personal tohimself, the cause of the defenseless or oppressed;

i. In the defense of a person accused of crime, by alfair and honorable means, regardless of his persona

opinion as to the guilt of the accused, to present

every defense that the law permits, to the end that

no person may be deprived of life or liberty, but by

due process of law.

NATURE OF THE POSITION OF AN ATTORNEY

Q: What is the nature of the position of an attorney as an

officer of the court?

A: He is considered as a public officer occupying a quasi-

judicial office. He is considered as an officer of the court. He

directly participates in the administration of justice. Through

him, the judicial machinery is set in motion by his filing of

cases in court on which the judge is called upon to act. His

participation in the dispensation of justice is indispensable. Ifthere are no lawyers, courts cannot operate to dispense

justice. His intimate and indispensable relationship to the

court makes him part of the court.

Q: What is the nature of the legal profession?

A: It is a form of public service or public trust intimately

related to the administration of justice, in the practice of

which pecuniary rewards are considered as merely incidental

It is a priesthood of justice.


8/43




It is a profession and not a business as it is essential part in

the administration of justice. It is a pursuit of learned art in

the interest of public service.

CODE OF PROFESSIONAL RESPONSIBILITY

CHAPTER I- THE LAWYER AND SOCIETY

CANON 1

The lawyers oath

I, do solemnly swear that I will maintain allegiance to the

Republic of the Philippines, I will support the Constitution and

obey the laws as well as the legal orders of the duly

constituted authorities therein; I will do no falsehood, nor

consent to the doing of any in court; I will not wittingly or

willingly promote or sue any groundless, false or unlawful

suit, or give aid nor consent to the same; I will delay no man

for money or malice, and will conduct myself as a lawyeraccording to the best of my knowledge and discretion, with all

good fidelity as well to the courts as to my clients; and I

impose upon myself these voluntary obligations without any

mental reservation or purpose of evasion. So help me God.

Lawyers primary duty to society or state. It is the lawyers

primary duty to society or state to uphold the Constitution,

obey the laws of the land and promote respect of law and

legal processes.

Lawyers oath is a sacred trust, not a mere ceremony. It is not

a mere ceremony or formality for practicing law to be

forgotten afterwards. It is a sacred trust that lawyers must

uphold and keep inviolable at all times.

Lawyers oath imposes upon every lawyer the duty to delay

no man for money or malice.

Lawyers will be disciplined for disobeying legal orders or

processes of courts.

Willful disregard thereof may subject the lawyer not only to

punishment for contempt but to disciplinary sanctions as

well.

A lawyer who issued bouncing checks violates the law and is

subject to disbarment or suspension.

Q: What is the significance of lawyers oath?

A: By swearing the lawyers oath, an attorney becomes a

guardian of truth and rule of law and an indispensable

instrument in the fair and impartial administration of justice.

Q: What is the effect of failure to take the attorneys oath?

A: He will not be admitted to the Bar without having actually

taken his oath of office as an attorney.

NOTE: Oath alone will not make a bar passer a full-fledged

member of the bar. A board passer must not only take his

oath as a member of the Bar, but he must also sign the Roll of

Attorneys.

RULE 1.01

Lawyer must constantly be of good moral character.

Q: What are the purposes of the requirement for good

moral character?

A:

1. To protect the public;2. The protection of the public image of lawyers; and3. To protect prospective clients.4. To protect errant lawyers from themselves.

Unlawful acts or violation of laws

Being a lawyer, he is supposed to be a model in the

community in so far as respect to the law is concerned.

Q: What are the unlawful acts or violation of laws?

A:

1. Promoting an organization designed to violate orevade the laws against crime with knowledge of its

aims;

2. A lawyer who purchase opium although the sale wasnot consummated because he was robbed of the

purchase price by the vendors;

3. A lawyer who engineered the a scheme to defraudanother person;

4. Transgression of any provision of law by a lawyer is arepulsive and reprehensible act which the court wil

not countenance; and

5. A lawyer who after barrowing court records stoleexhibits by tearing them off.

NOTE: The law violated need not be a penal law.

Q: What is an unlawful conduct?

A: It includes violation of the statutory prohibition on a

government employee to engage in the private practice of his

profession unless authorized by the Constitution or law.

Q: What are the offenses involving moral turpitude?

A:


9/43




1. Estafa2. Bribery3. Murder4. Bigamy5. Seduction6. Abduction7. Concubinage8. Smuggling9. Falsification of public document10. Violation of BP 22

Honesty is still the lawyers best virtue.

Q: What is Morality?

A: It is that quality of human act whereby it measures up to

what it should be as a step towards the objective last end of

human action, or fails so to measure up.

Q: What is immorality?

A: It is the doing of an act which is contrary to conscience.

Morality as understood in law

This is human standard based on the natural moral law which

is embodied in mans conscience and which guides him to do

good and avoid evil.

Q: What is moral turpitude?

A: It includes everything which is done contrary to justice,

honesty, modesty or good morals.

Q: What is immoral conduct?

A: It is that conduct which is willful, flagrant, or shameless

and which shows a moral indifference to the opinion of the

good and respectable members of the community.

It is not confined to sexual conduct.

NOTE: Morality must be a lasting virtue. Lawyers are

expected to abide by the tenets of morality not only upon

admission to the bar but also throughout their legal career,

in order to maintain ones good standing in that exclusive andhonored fraternity.

Good moral character is more than just the absence of bad

character.

Q: What is the difference between moral character and

good reputation?

A: Moral character is what a person really is as distinguished

from good reputation or from the opinion generally

entertained of him, or the estimate in which he is held by the

public in the place where is known. The former is not a

subjective term but one which corresponds to objective

reality.

NOTE: Psychological incapacity of a lawyer does not

necessarily make him an unfit member of the bar.

Q: Cite instances of gross immorality.

A: For immorality to be a ground for disciplinary action, it

must not only be merely immoral but also grossly immoral:

1. Abandonment of wife and cohabitating with anotherwoman

2. Bigamy3. A lawyer who had carnal knowledge with a woman

through a promise of marriage which he did not

fulfill

4. Seduction of a woman who is the niece of marriedwoman with whom the lawyer had adulterous

relations5. Delivering bribe money to a judge on a request of

clients

6. Lawyer taking advantage of his position as chairmanof the college of medicine and asked a lady student

to go with him in Manila where he had carna

knowledge of her under threat

RULE 1.02

Defiance of the law shall not be abetted, nor acts lessening

confidence in the legal system.

Respect for the law is gravely eroded when lawyers

themselves engage in unlawful practices and brush aside the

rules of the IBP formulated for their observance.

Preparation of a document contrary to law and morals is

malpractice.

Q: What are the acts which corrode confidence in the legal

system?

A: All acts of lawyers which are unlawful, dishonest, immora

or deceitful corrode public confidence in the legal system

Hence, lawyers must always conduct themselves in accordwith the immutable tenets embodied in the lawyers oath and

the rules of legal ethics.

RULE 1.03

It is the duty of an attorney not to encourage either the

commencement or the continuance of an action or

proceeding, or delay any man's cause, from any corrupt

motive or interest.


10/43




Obligation not to encourage suits

Lawyers owe it to the court and to society not to stir up

litigations.

This is to prevent barratry and ambulance chasing.

Barratry

Q: What is barratry?

A: It is the offense of frequently exciting and stirring up

quarrels and suits, either at law or otherwise. It is the act of

Fermenting suits among individuals and offering his legal

services to one of them for monetary motives or purposes.

Ambulance chasing

It is the lawyers act of chasing an ambulance carrying the

victim of an accident for the purpose of talking to the said

victim or relatives and offering his legal services for the filing

of a case against the person who caused the accident.

Q: What are the evils spawned by ambulance chasing?

A:

1. Fomenting of litigation with resulting burdens on thecourts and the public;

2. Subordination of perjury;3. Mulcting of innocent persons by judgments upon

manufactured causes of actions; and

4. Defrauding of injured persons having proper causesof action but ignorant of legal rights and court

procedure by means of contracts which retain

exorbitant percentages of recovery and illegal

charges for court costs and expenses and by

settlement made for quick returns of fees and

against the just rights of the injured persons.

GR: It is unprofessional for a lawyer to volunteer advice to

bring lawsuit.

XPN: In rare cases where ties of blood, relationship or trust

make it his duty to do so.

Lawyers must not file pointless petitions that only add to theworkload of the judiciary.

Lawyer should not be an instigator of controversy but a

mediator for concord and conciliator for compromise.

Delaying any mans cause for corrupt motive, condemned.

Appealing for purposes of delay is obstruction of justice.

Q: What is the significance of an attorneys signature on a

pleading?

A: The signature of counsel constitutes a certificate that he

has read the pleading; that to the best of his knowledge

information, and belief there is a good ground to support it

and that it is not interposed for delay.

Q: What are the instances of delay condemned by the SC?

A:

1. Resort to technicalities as a means to frustratejustice;

2. Befuddling of the issues in the case by counsel whichinvariably will be exposed for what they are;

3. Filing of multiple or repetitious petitions;4. Filing of several actions covering the same subject

matter or seeking substantially identical relief;

5. Filing of frivolous appeals for purposes of delay;6. Fling of motions for postponement and other kinds

of motions for dilatory purposes;7. Indiscriminate fling of suits against a party clearly

intended for harassment; and

8. Delaying cases or services for money.RULE 1.04

Q: What is a compromise agreement?

A: It is such that a party must give up some of the rights he

has, in consideration of the same act on the part of the other

side.

Authority of a lawyer to bind clients

Sec. 23. Authority of attorneys to bind clients. - Attorneys

have authority to bind their clients in any case by any

agreement in relation thereto made in writing, and in taking

appeals, and in all matters of ordinary judicial procedure. But

they cannot, without special authority, compromise their

client's litigation, or receive anything in discharge of a

client's claim but the full amount in cash.

Settlement of cases authorized and encouraged by law. The

law does not limit compromise to cases about to be filed o

cases already pending in courts. That compromise which maybe effected even after final judgment is impliedly allowed by

Article 2040.

Lawyer must encourage fair settlement.

Attorneys fees not ground for disapproval of compromise.

The rights of lawyers to the fees due them for services in

litigation cannot have a higher standing than the rights of the

clients or the parties themselves.


11/43




Lawyer cannot compromise case without clients consent

A lawyer cannot, without special authority, compromise his

clients litigation or receive anything in discharge of the

clients claim but the full amount in cash.

Q: What is the effect of compromise entered into without

the authority of the client?

A: A compromise entered into without authority is merely

unenforceable. It can be ratified by the c lient.

However, a lawyer has the exclusive management of

the procedural aspectof the litigation including the

enforcement of the rights and remedies of their client. Thus,

when the case was submitted for decision on the evidence so

far presented, the counsel for private respondents acted

within the scope of his authority as agent and lawyer in

negotiating for favorable terms for his clients

CANON 2

RULE 2.01

Q: Who are the defenseless?

A: They are those who are not in a position to defend

themselves due to poverty, weakness, ignorance or other

similar reasons.

The oppressed are the victims of acts of cruelty, unlawful

exaction domination or excessive use of authority.

A lawyer who accepts the cause of a person unable to pay his

professional fees shall observe the same standard of conduct

governing his relation with paying client.

Legal aid is not a matter of charity but a public responsibility.

Legal aid is a matter of public responsibility. It is not a matter

of charity. It is a means for the correction of social imbalance

that may and often do lead to injustice.

RULE 2.02

In case of non-acceptance of the case of the defenseless or

oppressed, legal advice should still be rendered to safeguard

their rights.

If he could not handle the case of defenseless or oppressed

persons, he must not refuse to provide them with immediate

legal advice necessary to protect their rights.

RULE 2.03

The practice of law is a profession not a money-making trade.

The protection of the weak and the powerless is the highest

form of public service that a lawyer could render.

Q: What are the primary characteristics which distinguish

the legal profession from business?

A: Primary characteristics which distinguish the lega

profession from business are:

1. A duty of public service, of which the emolument isa byproduct, and in which one may attain the

highest eminence without making much money.

2. A relation as an "officer of court" to theadministration of justice involving thorough

sincerity, integrity, and reliability.

3. A relation to clients in the highest degree fiduciary.4. A relation to colleagues at the bar characterized by

candor, fairness, and unwillingness to resort to

current business methods of advertising and

encroachment on their practice, or dealing directlywith their clients.

Hence, improper solicitation of legal business is prohibited.

Advertisement lowers the standards of the profession.

Q: When is solicitation of legal business permissible?

A: For solicitation to be proper, it must be compatible with

the dignity of the legal profession. If made in a modest and

decorous manner, it would bring no injury to the lawyer or to

the bar.

Even the use of calling cards with a formal picture is now

acceptable.

Modest announcements in newspapers, periodicals o

magazines about the opening of a law office or law firm

stating the names of the lawyers and the address of the office

or firm is not improper.

Still, the best advertisement for a lawyer is a well-deserved

reputation for competence, honesty and fidelity to private

trust and public duty.

Rule 2.04

To avoid any demeaning and degrading competition, lawyers

as much as possible should be in unison in respecting such

custom or tradition.


12/43




CANON 3

A lawyer may make known his legal services.

RULE 3.01

Self-praises or false claims on qualifications or quality of legal

services is unethical.

RULE 3.02

Q: What name shall not be included in a firm name?

A: No false name or misleading or assumed name shall be

used in the firm name adopted. No name not belonging to

any of the partners or associates may be used in the firm

name for any purpose.

The rule in Sycip is that law partnerships are prohibited from

continuing their business under firm names that include the

names of the deceased partners.

However, under the new Rule, partnerships are allowed the

continued use of the name of a deceased partner provided

that there is an indication that said partner is already

deceased.

The purpose of retaining the name of a deceased partner is to

maintain the clients who have been provided legal services by

the law firm.

While the firm benefits from the good will attached to the

personality of the deceased partner, that motivation is

legitimate.

Name of a partner in law firm should be dropped if appointed

as judge since he is no longer allowed to practice law.

The use of the firm name of a foreign law firm is unethical.

NOTE: The main law office and branch office do not

constitute 2 law firms.

Q: What is the effect of death of a partner to the client-

lawyer relationship with the law firm?

A: It does not extinguish such relationship.

Q: What is the effect of the negligence of a member in the

law firm?

A: It is negligence of the firm.

RULE 3.03

GR: Name of a partner should be dropped from the firm

name when he accepts public office.

XPN: If the law allows him to practice law concurrently while

holding the position such as a Sanggunian member who is

allowed to practice law subject to certain restrictions.

This is to prevent the law firm or partners from making use of

the name of the public official to attract legal business and to

avoid suspicion of undue influence.

RULE 3.04

Seeking publicity is prohibited. A lawyer who seeks publicity

to attract legal business is debasing the legal profession

especially so, if he pays something of value for it.

Canon 27 of the Code of Professional Ethics

Advertising, direct or indirect

It is unprofessional to solicit professional employment by

circulars, advertisements, through touters, or by persona

communications or interviews not warranted by persona

relations. Indirect advertisements for professiona

employment such as furnishing or inspiring newspape

comments, or procuring his photograph to be published in

connection with causes in which the lawyer has been or is

engaged or concerning the manner of their conduct, the

magnitude of the interest involved, the importance of the

lawyer's position, and all other like-laudation, offend the

traditions and lower the tone of our profession and are

reprehensible; but the customary use of simple professiona

cards is not improper.

The most worthy and effective advertisement possible, even

for young lawyer is the establishment of a well-merited

reputation for professional capacity and fidelity to trust.

CANON 4

Improvement of the legal system

Lawyers should contribute to the enhancement of thesystem.

The improvement of the administration of justice is a duty

that falls on the shoulders of every Filipino.

Yet, it is the lawyers who should be in the forefront of this

endeavor as they are the best trained and learned in the law

The fair administration of justice is not a stranger to them

being a daily companion.


13/43




This responsibility flows from a lawyers sense of his public

responsibility.

CANON 5

Lawyers must update themselves with the law and must

participate in the dissemination thereof.

In line with this, the following are the objectives of IBP:

1. Elevate the standards of the legal profession;2. Improve the administration of justice; and3. To enable the bar to discharge its public

responsibility.

Also, judges must keep abreast of the laws, rulings and

doctrines of the Supreme Court.

Legal education does not stop with the lawyers admission to

the bar.

NOTE: Once a person becomes a lawyer, he incurs 3-foldobligation:

1. Continue improving his knowledge of the law;2. To take an active interest in the maintenance of high

standards of legal education; and

3. To lay public to make the law part of their socialconsciousness.

The IBP has the following obligations:

1. Encourage and foster legal education;2. Devise and maintain a program of continuing legal

education for practicing attorneys in order to elevate

the standards of the profession throughout the

country;

3. Conduct campaigns to educate the people on theirlegal rights and obligations, on the importance of

preventive legal service, and on the true functions of

the Filipino lawyer.

Lawyers must take active part and not just be passive

onlookers or listeners in the pursuit for continuing legal

education programs.

Mandatory Continuing Legal Education (MCLE)

The MCLE program is to keep the lawyers abreast with law

and jurisprudence.

Lawyers are required to complete every 3 years at least 36

hours of continuing legal education on specified subjects.

CANON 6

The CPR shall govern the acts of all lawyers including those in

the service of the government like the OSG.

Lawyers who are incumbent judges and magistrates shall be

governed in the performance of their official functions by the

Code of Judicial Conduct.

Q: Who are public officials?

A: They 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.

The law requires the observance of the following norms of

conduct by every public official in the discharge and

execution of their official duties:

a. Commitment to public interest. - Public officials andemployees shall always uphold the public interest over

and above personal interest. All government resources

and powers of their respective offices must be employed

and used efficiently, effectively, honestly and

economically, particularly to avoid wastage in public

funds and revenues.

b. Professionalism. - Public officials and employees shalperform and discharge their duties with the highest

degree of excellence, professionalism, intelligence and

skill. They shall enter public service with utmost devotion

and dedication to duty. They shall endeavor to

discourage wrong perceptions of their roles as dispensers

or peddlers of undue patronage.

c. Justness and sincerity. - Public officials and employeesshall remain true to the people at all times. They must

act with justness and sincerity and shall not discriminate

against anyone, especially the poor and the

underprivileged. They shall at all times respect the rights

of others, and shall refrain from doing acts contrary to

law, good morals, good customs, public policy, public

order, public safety and public interest. They shall not

dispense or extend undue favors on account of their

office to their relatives whether by consanguinity o

affinity except with respect to appointments of suchrelatives to positions considered strictly confidential or as

members of their personal staff whose terms are

coterminous with theirs.

d. Political neutrality. - Public officials and employees shalprovide service to everyone without unfair discrimination

and regardless of party affiliation or preference.

e. Responsiveness to the public. - Public officials andemployees shall extend prompt, courteous, and

adequate service to the public. Unless otherwise

provided by law or when required by the public interest


14/43




public officials and employees shall provide information

of their policies and procedures in clear and

understandable language, ensure openness of

information, public consultations and hearings whenever

appropriate, encourage suggestions, simplify and

systematize policy, rules and procedures, avoid red tape

and develop an understanding and appreciation of the

socio-economic conditions prevailing in the country,

especially in the depressed rural and urban areas.

f. Nationalism and patriotism. - Public officials andemployees shall at all times be loyal to the Republic and

to the Filipino people, promote the use of locally

produced goods, resources and technology and

encourage appreciation and pride of country and people.

They shall endeavor to maintain and defend Philippine

sovereignty against foreign intrusion.

g. Commitment to democracy. - Public officials andemployees shall commit themselves to the democratic

way of life and values, maintain the principle of public

accountability, and manifest by deeds the supremacy of

civilian authority over the military. They shall at all times

uphold the Constitution and put loyalty to country aboveloyalty to persons or party.

h. Simple living. - Public officials and employees and theirfamilies shall lead modest lives appropriate to their

positions and income. They shall not indulge in

extravagant or ostentatious display of wealth in any

form.

NOTE: Misconduct in office as public official may be a ground

for disciplinary action.

RULE 6.01

Q: What is the primary duty of a prosecutor?

A: A prosecutor is a quasi-judicial officer and thus should seek

equal and impartial justice. He should be as much concerned

with seeing that no innocent man suffers as in being that no

guilty man escapes.

US v. Barredo

We agree with the contentions of counsel that a

conscientious prosecuting official, whose investigations have

satisfied him as to the innocence of persons charged with the

commission of crime, should not institute criminalproceedings against such persons. But we are of the opinion

that in the event that criminal proceedings have been

instituted, and the investigations of the provincial fiscal

have satisfied him that the accused person is innocent, or

that evidence sufficient to secure conviction will not be

forthcoming at the trial despite the exercise of due diligence

to that end, it then becomes his duty to advise the court

wherein the proceedings are pending as to the result of his

investigations, and to move the court to dismiss the

proceedings, leaving it to the court to take such action as may

be proper in the premises. In this jurisdiction provincial fiscals

are not clothed with power, without the content of court, to

dismiss or dicit nolle prosequi criminal actions actually

instituted, and pending further proceedings. The power to

dismiss is vested solely in the courts, that is to say in the

presiding judge thereof.

NOTE: It is highly reprehensible for a prosecutor to suppress

facts capable of establishing the innocence of the accused.

A public prosecutor should recommend the acquittal of the

accused whose conviction is on appeal, if he finds no lega

basis to sustain the conviction.

RULE 6.02

The Code is equally applicable to lawyers in the government

service. Government lawyers, who are public servants owe

utmost fidelity to the public service.

Public officials are required to uphold public interest over and

above personal interest; must discharge their duties with thehighest degree of excellence, professionalism, intelligence

and skill.

Promotion of private interest is prohibited.

GR: Misconduct in the discharge of official duties as

government official is generally no disciplinable.

XPN: If the misconduct of a government official is such a

character as to effect his qualification as a lawyer or to show

moral delinquency, then he may be disciplined as a membe

of the Bar upon such ground.

NOTE: A government lawyer should not refuse to perform a

duty.

RULE 6.03

Restrictions against government lawyers who left the

services

A government lawyer may leave the government service in

various ways: retirement, resignation, expiration of the term

of office, dismissal or abandonment. In such cases, he is

prohibited from accepting engagement or employment inconnection with any matter in which he had intervened while

in service.

R.A. No. 3019

Section 3.Corrupt practices of public officers. In addition to

acts or omissions of public officers already penalized by

existing law, the following shall constitute corrupt practices

of any public officer and are hereby declared to be unlawful:


15/43




(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 its termination.

Accordingly, any violation of restriction is tantamount to

representing conflicting interests.

Q: What is adverse-interest conflicts?

A: Adverse-interest conflicts exist where the matter in

which the former government lawyer represents a client in

private practice is substantially related to a matter that the

lawyer dealt with while employed by the government and the

interests of the current and former are adverse.

Q: What is congruent-interest conflicts?

A: On the other hand, congruent-interest representation

conflicts are unique to government lawyers and apply

primarily to former government lawyers.

Q: What is the basis for such disqualification?

A:The rationale for disqualification is rooted in a concern that

the government lawyers largely discretionary actions would

be influenced by the temptation to take action on behalf of

the government client that later could be to the advantage of

parties who might later become private practice clients.

CHAPTER II-THE LAWYER AND THE LEGAL PROFESSION

CANON 7

RULE 7.01

Q: What are the requirements for all applicants for


A: Every applicant for admission as a member of the bar

must:

a. Must be a citizen of the Philippines;b. At least 21-years of age;c. Of good moral character;d. A resident of the Philippines; ande. Must produce before the SC satisfactory evidence of

good moral character, and that no charges against

him, involving moral turpitude, have been filed or

are pending in any court in the Philippines (Sec. 2,

Rule 138).

Section 4. Requirements for applicants from other

jurisdictions. Applicants for admission who, being Filipino

citizens, are enrolled attorneys in good standing in the

Supreme Court of the United States or in any circuit court of

appeals or district court therein, or in the highest court of any

State or Territory of the United States, and who can show by

satisfactory certificates that they have practiced at least five

years in any of said courts, that such practice began before

July 4, 1946, and that they have never been suspended o

disbarred, may, in the discretion of the Court, be admitted

without examination.

Section 5.Additional requirements for other applicants. Al

applicants for admission other than those referred to in the

two preceding section shall, before being admitted to the

examination, satisfactorily show that they have regularly

studied law for four years, and successfully completed al

prescribed courses, in a law school or university, officially

approved and recognized by the Secretary of Education. The

affidavit of the candidate, accompanied by a certificate from

the university or school of law, shall be filed as evidence o

such facts, and further evidence may be required by the

court.

No applicant shall be admitted to the bar examinations unless

he has satisfactorily completed the following courses in a lawschool or university duly recognized by the government: civi

law, commercial law, remedial law, criminal law, public and

private international law, political law, labor and socia

legislation, medical jurisprudence, taxation and legal ethics.

Knowingly making a false statement or suppression of a

material fact in the application for admission to the bar

If the false statement or suppression of material is discovered

before the candidate could take the bar examinations, he wil

be denied permission to take the examinations.

If the discovery was made after the candidate had taken his

oath as a lawyer, his name will be stricken from the rolls of

attorneys.

Q: What is the effect if what is concealed is a crime not

involving moral turpitude?

A: Such concealment nevertheless will be taken against him

It is the fact of concealment and not the commission of the

crime itself that makes him morally unfit to become a

lawyer. When he made a concealment, he perpetrated

perjury.

Prohibition against candidates

Section 13. Disciplinary measures. No candidate shal

endeavor to influence any member of the committee, and

during examination the candidates shall not communicate

with each other nor shall they give or receive any assistance

The candidate who violates this provisions, or any othe

provision of this rule, shall be barred from the examination,

and the same to count as a failure against him, and further


16/43




disciplinary action, including permanent disqualification, may

be taken in the discretion of the court.

RULE 7.02

Lawyer shall not support for admission to the bar of an

unqualified candidate.

As the public is vitally interested in the rectitude of attorneys,

any person is permitted to oppose an application for

admission by urging the moral disqualification of the

applicant.

A lawyer should aid in guarding the Bar against admission to

the profession of candidates unfit or unqualified for being

deficient in either moral character or education.

Section 27. Attorneys removed or suspended by Supreme

Court on what grounds. A member of the bar may be

removed or suspended from his office as attorney by the

Supreme Court for any deceit, malpractice, or other gross

misconduct in such office, grossly immoral conduct, or byreason of his conviction of a crime involving moral turpitude,

or for any violation of the oath which he is required to take

before the admission to practice, or for a wilfull disobedience

of any lawful order of a superior court, or for corruptly or

willful appearing as an attorney for a party to a case without

authority so to do. The practice of soliciting cases at law for

the purpose of gain, either personally or through paid agents

or brokers, constitutes malpractice.

RULE 7.03

A lawyer must at all times conduct himself properly as not to

put into question his fitness to practice law.

A lawyer should maintain the standard of moral fitness

required of him when he applied for admission to the Bar.

The moral turpitude for which an attorney may be disbarred

may consist of misconduct in either his professional or non-

professional activities.

A lawyer must always conduct himself with great propriety.

He must behave himself as to avoid scandalizing the public by

creating the belief that he is flouting these moral standards.

A lawyer shall stand as a shield in defense of right and in thewarding off wrong.

CANON 8

Lawyers must conduct themselves honorably, fairly and

candidly toward each other. Respect generates respect.

Q: State some instances of lack of candor (honesty).

A:

1. Misquoting the contents of paper, testimony of awitness, the language or the argument of opposing

counsel; or the language of the decision or a

textbook; or

2. With knowledge of its invalidity, to cite as authoritya decision that has been overruled or a statute that

has been repealed, or in the argument to assert as a

fact that which has not been proved, or in those

jurisdictions where a side has the opening and

closing arguments where a side has the opening and

closing arguments to mislead his opponent by

concealing or withholding positions in his opening

argument upon which his side then intends to rely.

3. Offering an evidence which he knows the courtshould reject;

4. Introducing into an argument, addressed to thecourt, remarks or statements intended to influence

the bystanders.

RULE 8.01

Abusive and offensive language has no place in pleadings. It is

contemptuous.

Q: What is the language to be used in the practice of law?

A: It should be dignified, emphatic but respectful as befitting

an advocate and in keeping with the dignity of the lega

profession.

It should be gracious to both the court and opposing counse

and be of such words as may be properly addressed by some

gentleman to another.

NOTE: Court may expunge improper language from the

records.

Any kind of language which attacks without foundation the

integrity of opposing counsel or the dignity of the court may

be stricken off the records or may subject a lawyer to

disciplinary action.

Want of intention is not an excuse for the disrespectfu

language used. Counsel cannot escape responsibility byclaiming that his words did not mean what any reader must

have understood them as meaning.

When strong language used is justified

RULE 8.02

A lawyer should not steal anothers client. It is highly

unethical for a lawyer to exert efforts directly or indirectly to

encroach upon the professional employment of another.


17/43




Competition among attorneys is contrary to the long

established etiquette of the legal profession. No self-

respecting practitioner will ever voluntarily tender his

services in pending matter then being conducted by other

counsel, and will not obtrude criticism on acts of a partys

attorney.

There is no encroachment when previous lawyer has already

dismissed.

Lawyer shall not negotiate with the opposite party who is

represented by a counsel.

Lawyer may however interview any witness or prospective

witness for the opposite side.

Advice and assistance to victims of unfaithful and neglectful

counsel is proper.

CANON 9

Unauthorized practice of law

Unauthorized practice of law is committed when a person not

a lawyer to be one and performs acts which are exclusive to

members of the bar.

Section 21.Authority of attorney to appear. an attorney is

presumed to be properly authorized to represent any cause

in which he appears, and no written power of attorney is

required to authorize him to appear in court for his client, but

the presiding judge may, on motion of either party and on

reasonable grounds therefor being shown, require any

attorney who assumes the right to appear in a case to

produce or prove the authority under which he appears, and

to disclose, whenever pertinent to any issue, the name of the

person who employed him, and may thereupon make such

order as justice requires. An attorneys wilfully appear in

court for a person without being employed, unless by leave

of the court, may be punished for contempt as an officer of

the court who has misbehaved in his official transactions.

Assistance to the unauthorized practice of law is prohibited. A

lawyer shall not assist anyone who is not a member of the barto practice law in this country.

The lawyer who assists in an unauthorized practice of law

whether directly or indirectly is subject to disciplinary action.

RULE 9.01

Delegation of legal work to an unqualified person is

misbehavior.

Public policy demands that legal work in representation of

parties litigant should be entrusted only to those possessing

tested qualifications and who are sworn, to observe the

rules and the ethics of the profession, as well as being

subject to judicial disciplinary control for the protection of

courts, clients and the public.

A lawyer is prohibited from taking as a partner or associate

any person who is not authorized to practice law to appear in

court or to sign pleadings.

A lawyer shall not allow a non-member of the bar to

misrepresent himself as a lawyer.

A lawyer cannot delegate his authority without clients

consent even to a qualified person.

RULE 9.02

A lawyer can only divide or stipulate to divide fees for lega

services with another lawyer who had rendered legal services

with him in a case or legal work,

Q: What is the rationale for the prohibition?

A: To avoid confusion as to whom to consult in case o

necessity and also to avoid leaving the bar in a chaotic

condition, aside from the fact that non-lawyers are not

amenable to disciplinary measures.

Q: What are the exceptions to Rule 9.02?

A:

a) Where there is a pre-existing agreement with apartner or associate that, upon the latter's death

money shall be paid over a reasonable period of

time to his estate or to persons specified in the

agreement; or

b) Where a lawyer undertakes to complete unfinishedlegal business of a deceased lawyer; or

c) Where a lawyer or law firm includes non-lawyeremployees in a retirement plan even if the plan is

based in whole or in part, on a profit sharing

agreement.

None lawyers are not entitled to attorneys fees.


18/43




CHAPTER III-THE LAWYER AND THE COURTS

CANON 10

RULE 10.01

The burden cast on the judiciary would be intolerable if it

could not take at face value what is asserted by counsel. The

time that will have to be devoted just to the task of

verification of allegations submitted could easily be imagined.

Even with due recognition then that counsel is expected to

display the utmost zeal in defense of a client's cause, it must

never be at the expense of deviation from the truth.

A lawyer is an officer of the court. He is an instrument or

agency to advance the ends of justice. His duty is to uphold

the dignity and authority of the courts to which he owes

fidelity not to promote distrust in an administration of justice.

Refilling a case which was already litigated before is not

forum-shopping but nevertheless a violation of Canon 10.

Carlet v. CA

Counsels act of filing a new case involving essentially the

same cause of action is likewise abusive of the courts

processes and may be viewed as improper conduct tending

to directly impede, obstruct and degrade the administration

of justice.

RULE 10.01

The lawyer must be truthful. He must be a minister of truth.

Hence, he must not mislead the court nor allow the court to

be misled by an artifice.

Q: Give some cases of falsehoods which merited disciplined.

A:

1. Lawyer falsely stating in a deed of sale that propertyis free from all liens and encumbrances;

2. Lawyer making it appear that a person executed adeed of sale in his favor;

3. Lawyer concealing the fact that he was charged withor convicted of a crime;

4. Lawyer encashing a check payable to a deceasedcousin by signing the latters name on the check;

5. Lawyer falsifying a power of attorney and used it incollecting the money for his own benefit;

6. Lawyer uttering falsehood in a motion to dismiss;7. Lawyer presenting falsified documents in court

which he knows to be false; and

8. Lawyer filing false charges or groundless suits;

Art. 184. Offering false testimony in evidence. Any person

who shall knowingly offer in evidence a false witness or

testimony in any judicial or official proceeding, shall be

punished as guilty of false testimony and shall suffer the

respective penalties provided in this section.

RULE 10.02

A lawyer is prohibited from:

1. Knowingly misquoting or misrepresenting:a. Contents of paper;b. Language or argument of opposing counsel;c. Text of a decision or authority;2. Knowingly citing as law, a provision already rendered

inoperative by repeal or amendment; or

3. Asserting as a fact that which has not been proved.NOTE: When a lawyer makes a quotation of a decision in his

pleading, he should quote the same verbatim to avoidmisleading the court.

When the misquotation is intended, the lawyer is subject to

disciplinary action.

Knowingly citing a law or a provision of law is unethical and

contemptuous.

Lawyer must not intentionally misread or interpret the law to

the point of distortion in cunning effort to achieve their

purposes.

A lawyer should not cite a decision knowing that it is invalid

or that it has been overruled. Neither should he cite a statute

knowing that it has been repealed.

A lawyer shall not knowingly misquote or misrepresent the

text of a decision or authority.

A lawyer should not assert as a fact, his version of the case

which had not yet been proven. Nor should a lawyer assert as

finding of fact by the Court which is actually not.

Fosting a nonexistent rule to mislead the court is a violation

of legal ethics.

RULE 10.03

The aim of lawsuit is to render justice. And the rules o

procedure are precisely deigned to attain such objective.

A lawyer who misuses the rules to frustrate the ends of

justice deserves stern condemnation.


19/43




Lawyer shall not misuse the rules of procedure. The Rules of

Court are intended to facilitate the delivery of justice to those

whom it is due without unnecessary expense and waste of

time for truly justice delayed is justice denied.

Canlas v. CA

As we have intimated, we cannot overlook the unseemlier

side of the proceeding, in which a member of the bar would

exploit his mastery of procedural law to score a "technical

knockout" over his own client, of all people. Procedural

rules, after all, have for their object assistance unto parties

"in obtaining just, speedy, and inexpensive determination of

every action and proceeding." If procedure were to be an

impediment to such an objective, "it deserts its proper office

as an aid to justice and becomes its great hindrance and chief

enemy."

A litigation is not a game of technicalities in which one,

more deeply schooled and skilled in the subtle art of

movement and position, entraps and destroys the other. It

is, rather, a contest in which each contending party fully andfairly lays before the court the facts in issue and then,

brushing aside as wholly trivial and indecisive all

imperfections of form and technicalities of procedure, asks

that justice be done upon the merits. Lawsuits, unlike duels,

are not to be won by the rapier's thrust.

Eternal Gardens Memorial Park Corp. v. CA and Seelin

We note that while lawyers owe entire devotion to the

interest of their clients and zeal in the defense of their

client's right, they should not forget that they are officers of

the court, bound to exert every effort to assist in thespeedy

and efficient administration of justice. They should not,

therefore, misuse the rules of procedure to defeat the ends

of justice or unduly delay a case, impede the execution of a

judgment or misuse court processes. In Banogan et. al. vs.

Cerna, et. al.

As officers of the court, lawyers have a responsibility to

assist in the proper administration of justice. They do not

discharge this duty by filing pointless petitions that only add

to the workload of the judiciary, especially this Court, which is

burdened enough as it is. A judicious study of the facts and

the law should advise them when a case such as this, should

not be permitted to be filed to merely clutter the alreadycongested judicial dockets. They do not advance the cause of

law or their clients by commencing litigations that for sheer

lack of merit do not deserve the attention of the courts."

They should give way to the realities of the situation.

Procedural rules are intended as an aid to justice, not as a

means for its frustration.

Technicalities should give way to the realities of the situation.

RULE 10.04

The rule aims to avoid surprises and backstabbing. Cards of

the lawyers must be laid on the table for openness

candidness and transparency.

Pleaders must also furnish the adverse party or parties copies

of all documents annexed thereto.

CANON 11

Public duties of the attorney takes precedence over his

private duties.

In re: Sotto

To hurl the false charge that this Court has been for the last

years committing deliberately "so many blunders and

injustices," that is to say, that it has been deciding in favor of

one party knowing that the law and justice is on the part othe adverse party and not on the one in whose favor the

decision was rendered, in many cases decided during the last

years, would tend necessarily to undermine the confidence of

the people in the honesty and integrity of the members of

this Court, and consequently to lower or degrade the

administration of justice by this Court. The Supreme Court o

the Philippines is, under the Constitution, the last bulwark

to which the Filipino people may repair to obtain relief for

their grievances or protection of their rights when these are

trampled upon, and if the people lose their confidence in

the honesty and integrity of the members of this Court and

believe that they cannot expect justice therefrom, they

might be driven to take the law into their own hands, and

disorder and perhaps chaos might be the result. As a

member of the bar and an officer of the courts Atty. Vicente

Sotto, like any other, is in duty bound to uphold the dignity

and authority of this Court, to which he owes fidelity

according to the oath he has taken as such attorney, and not

to promote distrust in the administration of justice. Respect

to the courts guarantees the stability of other institutions

which without such guaranty would be resting on a very

shaky foundation.

Lawyers must be respectful not only in their actions but also

in their use of language whether in oral arguments orpleadings.

Disrespectful acts and language are contemptuous.

In Re: Almacen

The counsel in any case may or may not be an abler or more

learned lawyer than the judge, and it may tax his patience

and temper to submit to rulings which he regards as

incorrect, but discipline and self-respect are as necessary to


20/43




the orderly administration of justice as they are to the

effectiveness of an army. The decisions of the judge must be

obeyed, because he is the tribunal appointed to decide, and

the bar should at all times be the foremost in rendering

respectful submission.

The highest sign of respect to the courts is the lawyers

obedience to court orders and processes.

Criticisms of courts must not spill over the walls of decency

and propriety.

Pleadings containing derogatory, offensive or malicious

statements to the court or judge in which the proceedings are

pending constitutes direct contempt.

Criticism made in good faith may be tolerated. Malicious

attacks on courts have in some cases been treated as libel, in

other cases as contempt of court, and as a sufficient ground

for disbarment. However, mere criticism or comment on the

correctness or wrongness, soundness or unsoundness of the

decision of the court in a pending case made in good faith

may be tolerated.

RULE 11.01

To maintain the dignity and respectability of the legal

profession, lawyers who appear in court must properly

attired. The traditional attires for male lawyers in the

Philippines are the long-sleeve Barong Tagalog and coat and

tie. Female lawyer appear in semi-formal attires. Judges also

appear in the same attire in addition to black robes.

RULE 11.02

It is the duty of the lawyer to be punctual in attendance and

to be concise and direct in the trial and disposition of cases.

Counsel may even be held in contempt in court for coming

late in the hearing or trial of a case.

Lack of punctuality interferes in the speedy administration of

justice. A judge who is unpunctual in his habits sets a bad

example to the bar and tends to create dissatisfaction with

the administration of justice.

RULE 11.03

Misbehavior in court is direct contempt.

Q: What is direct contempt?

A: It is misbehavior committed in the presence of or so near

the court or judge so as to obstruct or interrupt the

proceedings before the same, including disrespect toward the

court, and can be punished summarily without hearing.

A lawyers language should be dignified in keeping with the

dignity of the legal profession. It is his duty to abstain from al

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 charged.

Raising ones voice

A lawyers arguments should be gracious to both court and

opposing counsel and be of such words as may be properly

addr

Legal Ethics (Hizon Notes)

Documents