PRACTICE OF LAW

Q: What constitutes practice of law? Cite Jurisprudence. Practice of law means any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training, and
Case No. 1: Fajardo vs. Alvarez – April 2016 experience
As a legal officer of the National Center for Mental Health, is he
considered as involved in practicing law? YES. Essential criteria in determining whether a person is engaged in
 But when he accepts clients which are not in line with the authority the practice of law [CAHA]
given to him, he is in unauthorized practice of law. 1. Compensation – implies that one must have presented himself to be
in active practice and that his professional services are available to the
Case No. 2: In Re: Petition for signing the roll of attorney by Medado public for compensation, as a source of livelihood or in consideration of
Unauthorized practice of law? his said services;
 The fact that he’s aware that he wasn’t able to sign the roll of
attorneys and still practiced law warrants suspension of 2 years. Compensation (one of the characteristics ng
Because the SC considered him not honest, an act of negligence. practice of law) if handles pro bono cases, practice
Even if he passed the bar examinations, he failed to fulfill the last of law?
mandatory requirement of signing the roll of attorneys, which
makes him not a member of the Bar. The receipt of compensation is not the sole determinant
of legal practice. Giving of advice or rendering any kind
So we have 2 examples of UNAUTHORIZED PRACTICE OF LAW: of service that involves legal knowledge is also
1. Lack of legal authority mandated by law pursuant to his employment; considered as practice of law.
2. When a person engages in the practice of law but he is not a member
of the bar If there is compensation in giving legal services, that is
one of the determinants of practice of law. But that is not
Case No. 3 – (Inaudible) the sole factor to determine such. It only confirms the
So aside from the failure of signing the roll of attorneys, of practice of law. It is not a mandatory element.
representing himself as counsel which is false, what was the
adjective used by SC? Free legal service (60 hours a year for indigent clients)
 In lieu of false misrepresentation, it constitutes moral unfitness. and recognition of service can be deducted from income
taxes as deductible expense.
What acts constitute practice of law?
Case No. 1 - Appearing in Court 2. Application of law, legal principle, practice or procedure which calls
Case No. 2 - Representing private parties for legal knowledge, training and experience;
Case No. 3 – also appearing in court
3. Habituality – implies customary or habitually holding oneself out to the
Tan vs. Atty. Gumba public as a lawyer. Practice of law is more than an isolated appearance
Atty. Gumba appeared in court, represented others when he is still for it consists in frequent or customary action; and
technically suspended.
 Decisions of the SC regarding lawyers is immediately executory. Habituality (characteristic) what if isolated
Attorneys involved should always abide with the decision even if transactions only
there is a motion for reconsideration, such is in the discretion of the How about a lawyer giving advice to one or two Ninangs
SC to allow the lawyer to practice. An administrative case against invited to a wedding, is he considered in the practice of
a lawyer before the SC is sui generis, one of its kind. You should law? Later on, he gives legal advice in a radio program,
always ask from the SC before engaging in the practice of the legal is that practice of law? is that habitual? NO. (FIND OUT
profession. WHY) The giving of the advice is incidental with regards
with the Ninang, it was occasional. There is no atty-client
Case No. 4: Bonifacio vs. Atty. Era and Atty. Vargas relationship (TELL MAM WHY) - there is no consultation
 Appearance before auction of lawyer, which is unauthorized
practice of lawyer for bidding for his client. Both were guilty and CPR Canons’ application begins with the
suspended. Atty. Vargas indirectly assisting in the unauthorized commencement of attorney-client relationship. No
practice under Canon 9. violation of the code if there is none.
 Practice of law while being suspended is penalized before the
Court. Standards for legal practice to be habitual:
HABITUALITY does not refer to a fixed period. There
How about teaching law? Following Cayetano, is it application of should be consistency of activity, regularly conducted.
legal principles, probably advising students, is it considered
practice of law? The service is regularly done when it is available. It is
consistently offered and obtained by the client, if they
Case No. 5: In Re: Letter of UP Faculty agree. It doesn’t matter that it is an isolated incident
 UP faculty said that Del Castillo plagiarized certain articles in his (which means that lawyer did not really offer the service
decision (Vinuya vs. Exec. Sec) to make it appear like it is his. and the client did not really accept it as a matter of
custom or ordinary course of legal services)
 When they are reprimanded, the 37 faculty members who signed
the letter said that they are exercising freedom of speech.
4. Attorney-Client relationship - engaging in the practice of law
 Teaching of law therein is practicing law and thereby bound
presupposes the existence of a lawyer-client relationship. Ten (10) years
by the Canons. Canons 1, 11 and 13 were cited in the letter of the
of practice of law includes work as a litigator, in-house counsel, giving of
UP Faculty.
legal advice, teaching of law, and even foreign assignment which
requires the knowledge and application of the laws.
Do you know what was the SC ruling on the plagiarism? The SC
considers it a false statement that Del Castillo plagiarized?
Determining factors:
 The vilifying nature of the certain portions of the statements A person consults the advice of a lawyer which is
exceeded the fair comment of the citizen towards the court, and deliberate. (consultation meeting)
cannot be counted as protected speech.
PALE REVIEWER | J. FERNANDEZ 1
 Lawyer provides a professional advice. Professional 1. Government employees and incumbent elective officials are
means that advice is for the resolution or legal relief to not allowed to practice;
what is being consulted. Professional means that it is 2. Lawyers who by law are not allowed to appear in court;
relevant in the subject matter of the consultation. 3. Supervising lawyers of students enrolled in law student
Lawyer has been holding himself out to the public as a practice in duly accredited legal clinics of law schools and
practicing lawyer. lawyers of Non-Government Organizations (NGOs) and
People’s Organizations (POs) who by the nature of their work
There is relevant information whether it is substantial already render free legal aid to indigent and pauper litigants;
or minimal that has been relayed from the client to the and
attorney directly related to the subject of the advice. 4. Lawyers not covered under subparagraphs (i) to (iii) of Sec. 4,
Test is something that is evidentiary. B.M. 2012 including those who are employees in the private
sector but do not appear for and in behalf of parties in courts
For lawyers employed by the government, there is no of law and quasi-judicial agencies.
attorney-client relationship because the client is the
government (Canon 6). Unless they are allowed by
special law. (ex: Civil Service Commission Officers Attorney-at-law vs. Attorney-in-fact
with prior permission from the head of the department)
ATTORNEY-AT-LAW ATTORNEY-IN-FACT
In and Out of Court Class of persons who are licensed Simply an agent whose
A. In court - appearance officers of the court empowered to authority is strictly limited by
Appearance: appear, prosecute and defend, the instrument appointing him.
1. personal, physical, standing and manifesting in court and upon whom peculiar duties, His authority is provided in a
2. Filing/ Submission of motions or pleadings responsibilities and liabilities are special power of attorney, or
3. Special appearance, even if not lawyer on record developed by law as a general power of attorney, or
4. Filing a motion for continuation/postponement if counsel on record. If consequence. letter of attorney. He is not
not, and just for assisting client, it is not appearing in court (Remedial necessarily a lawyer.
law basis) FULL PLEDGED LAWYER WHO WRITTEN SPECIAL POWER
5. Asking judicial relief from court QUALIFIES WITH THE 16 OF ATTORNEY OR SPECIAL
MANDATORY REQUIREMENTS. WRITTEN AUTHORITY FROM
B. Out of court BOUND BY THE CPR AND A PRINCIPAL (WON
1. Settlement of disputes before administrative offices or arbitral OTHER ETHICAL STANDARDS. NATURAL OR JURIDICAL
tribunals ex. DAR PERSON) TO A GRANTEE TO
(which is ordinarily brought before courts) PERFORM PARTICULAR
2. Engaging in private practices with natural and juridical persons as RIGHTS AND DUTIES WITH
clients ex. bank lawyer, client is the bank or as an in-house counsel REGARD TO A SPECIFIC
a. drafting of pleadings SUBJECT MATTER. BOUND
b. as collaborating counsel (behind the scene) BY CIVIL CODE, NOT
REALLY LEGAL ETHICS.
Requirements
1) a Citizen of the Philippines; Barratry vs Ambulance Chasing
2) At least 21 years of age;
3) Of Good moral character; BARRATRY AMBULANCE CHASING
4) a Resident of the Philippines; An offense of frequently exciting An act of chasing victims of
5) Must produce before the SC satisfactory Evidence of good moral and stirring up quarrels and accidents for the purpose of
character; suits, either at law or otherwise; talking to the said victims (or
6) No charges against him, involving moral turpitude, have been filed lawyer’s act of fomenting suits relatives) and offering his legal
or are pending in any court in the Philippines among individuals and offering services for the filing of a case
7) Must have complied with the Academic requirements; his legal services to one of them. against the person(s) who
a. PhiLSAT (now TROed) Barratry is not a crime under the caused the accident(s). It has
8) Must Pass the bar examinations; Philippine laws. However, it is spawned a number of
9) Take the lawyer’s Oath; and proscribed by the rules of legal recognized evils such as
10) Sign the Roll of Attorneys. ethics. [FSMD]:
1. Fomenting of litigation with
Continuing requirements resulting burdens on the courts
11) Citizenship; and the public;
12) Updated payments of annual IBP membership dues; 2. Subordination of perjury;
13) Proof of payment of professional tax; 3. Mulcting of innocent persons
14) Compliance with MCLE; and by judgments, upon
15) Good moral character manufactured causes of action;
and
Lawyer employed in DBP loans division. Is he engaged in the 4. Defrauding of injured
practice of law? If he is teaching at the same time, is it considered persons having proper causes
practice of law? May he apply as a judge? of action but ignorant of legal
 Solely teaching law is not practice of law. But if accompanied by rights and court procedures by
other practices of law activities. means of contracts which
retain exorbitant percentages
In Cayetano v. Monsod, the application of legal knowledge in and out of recovery and illegal charges
of court should be applied in similar circumstances with the case. for court costs and expenses
(Research on which positions/works he did) and by settlement made for
quick returns of fees and
Persons excluded in the term “Practicing Lawyer”

PALE REVIEWER | J. FERNANDEZ 2

 against just rights of the injured contracts. He can’t however appear before the SEC, another
persons. lawyer should do that.

2) Under the Local Government Code, Sanggunian members may

practice their professions provided that if they are members of the
Bar, they shall NOT:
a) Appear as counsel before any court in any civil case wherein
a local government unit or any office, agency, or
instrumentality of the government is the adverse party;
b) Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an
offense committed in relation to his office;
c) Collect any fee for their appearance in administrative
proceedings involving the local government unit of which he
is an official; or
d) Use property and personnel of the government except when
the Sanggunian member concerned is defending the interest
of the government.
PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM
APPEARING 3) Under Sec. 1, R.A. 910, as amended, a retired justice or judge
1) Proceedings before the Small Claims Court - No attorney shall receiving pension from the government, cannot act as counsel:
appear in behalf of or represent a party at the hearing, unless the a) In any civil case in which the Government, or any of its
attorney is the plaintiff or defendant (Sec. 17, Rule of Procedure for subdivision or agencies is the adverse party; or
Small Claims Cases). b) In a criminal case wherein an officer or employee of the
Government is accused of an offense in relation to his office;
NOTE: If the court determines that a party cannot properly present nor
his/her claim or defense and needs assistance, the court may, in c) Collect any fees for his appearance in any administrative
its discretion, allow another individual who is not an attorney to proceedings to maintain an interest adverse to the
assist that party upon the latter’s consent. (Sec. 17, Rule of government, provincial or municipal, or to any of its legally
Procedure for Small Claims Cases) constituted officers).
2) Proceedings before the Katarungang Pambarangay - During the 4) Civil service officers and employees without permit from their
pre-trial conference under the Rules of Court, lawyers are respective department heads
prohibited from appearing for the parties. Parties must appear in
person only except minors or incompetents who may be assisted 5) A former government attorney cannot, after leaving government
by their next of kin who are not lawyers service, accept engagement or employment in connection with any
matter in which he had intervened while in the said service
PUBLIC OFFICIALS NOT ALLOWED TO ENGAGE IN LAW
PRACTICE (ABSOLUTE PROHIBITION) [JOPPC2OMS]: NON LAWYERS IN COURT
1) Judges and other officials and employees of the Supreme Court The following are the instances whereby non-lawyers may appear in
2) Officials and employees of the OSG court:
3) Government Prosecutors 1) Cases before the MTC: A party to the litigation, may conduct his
4) President, Vice-President, Members of the Cabinet, their deputies own case or litigation in person, with the aid of an agent or friend
and assistants appointed by him for that purpose
How about Bureau Chiefs or Undersecretaries? Absolutely
prohibited. 2) Before any other court, a party may conduct his litigation
5) Members of the Constitutional Commission personally but if he gets someone to aid him, that someone must
6) Civil Service Officers or employees whose duties and be authorized member of the Bar
responsibilities require that their entire time be at the disposal of
the government NOTE: A non-lawyer conducting his own litigation is bound by the same
7) Ombudsman and his deputies rules in conducting the trial case. He cannot after judgment, claim that
8) All governors, city and municipal Mayors and he was not properly represented.
9) Those prohibited by Special laws.
3) Criminal case before the MTC in a locality where a duly licensed
RESTRICTIONS ON THE PRACTICE OF LAW ON CERTAIN member of the Bar is not available, the judge may appoint a non-
INDIVIDUALS (RELATIVE PROHIBITION) lawyer who is a:
1) No Senator or member of the House of Representatives may a) Resident of the province; and
personally “appear” as counsel before any court of justice or before b) Of good repute for probity and ability to aid the accused in his
the Electoral Tribunals, or quasi-judicial and other administration defense
bodies
4) Any official or other person appointed or designated to appear
NOTE: What is prohibited is to “personally appear” in court and for the Government of the Philippines in accordance with law
other bodies. The word “appearance” includes not only arguing a
case before any such body but also filing a pleading on behalf of a NON-LAWYERS IN ADMINISTRATIVE TRIBUNAL
client as “by simply filing a formal motion, plea, or answer.” 1) Under the Labor Code, non-lawyers may appear before the NLRC
or any Labor Arbiter, if:
EX. Senator Kiko Pangilinan representing client for contracts for a a) They represent themselves; or
client before the SEC. b) They represent their organization or members thereof
- Is he prohibited from doing so? He can practice law but to a limited Or
degree. Then explain the limitation. Sen. Pangilinan can draft

PALE REVIEWER | J. FERNANDEZ 3

 c) If they are duly accredited members of any legal aid office duly said that there is no such law and in the basis of equity the decision was
recognized by the Department of Justice, or the Integrated Bar made with a reference to legislation of such law, then NO it can’t be a
of the Philippines in cases referred to by the latter. basis.

NOTE: He is not, however, entitled to attorney’s fees under Article 3. Immoral Conduct
222 of the Labor Code for not being a lawyer - Conduct which is willful, flagrant, or shameless, and which shows
a moral indifference to the opinion of the good and respectable
2) Under the Cadastral Act, a non-lawyer can represent a claimant members of the community. To warrant disciplinary action, the act
before the Cadastral Court must not only be merely immoral but grossly immoral.

CANON 1.01 - involves 4 adjectives (unlawful, dishonest, immoral and Grossly immoral conduct is one that is so corrupt and false as to
deceitful conduct) Why include all? Isn’t it enough to be unlawful? What constitute a criminal act or so unprincipled or disgraceful as to be
is unlawful? Can you be administratively sanctioned for telling a lie? reprehensible to a high degree. It is willful, flagrant, or shameless
Where in 4 will it fall? act, which shows a moral indifference to the opinion of respectable
members of the community

DEFINITIONS: What about immoral?

Morality – not discussed Is a lawyer gay couple immoral? How about lesbian couple, wherein one
is married legally? What is guideline then?
1. Deceitful Conduct - When you look at the CPR, gross immorality is not a ground for
An act that has the proclivity for fraudulent and deceptive disbarment. But simple immorality, can be a ground for suspension
misrepresentation, artifice or device that is used upon another who is depending on the discretion of the SC.
ignorant of the fact, to the prejudice and damage of the party imposed - The conclusion is there. Should it be grossly immoral, how gross
upon (CPR Annotated, PhilJA). should it be? According to Pineda, the ultimate standard is your
conscience.
What is deceitful conduct? What are the standards?
Example: If one of your classmates proposes marriage to another upon 4. Dishonest conduct - concealment or distortion of truth in a
graduating and later on did not fulfil such promise, is that deceitful? matter of fact relevant to one’s office or connected with the
KEYWORD IS ARTIFICE. performance of his duty
- It becomes a consummated act because of the deceit. You can
then sue your classmate because he enticed you to engage in How about dishonesty?
sexual relationship with a promise of marriage. It is considered a - Dishonesty may not be as worse as deceitful. Deceit entails a
scheme or a notorious design to deceive through positive act . Whereas even if you do nothing, you can be
misrepresentation or fraud. considered dishonest.
- Dishonesty is the concealment of the truth or material fact in
Is deceitful conduct also unlawful conduct? relation to one’s performance of duties.
- There is no law prohibiting promise to marriage for sexual favors - May include suppression of evidence. It also involves those cases
but it is considered deceitful. Therefore, even if it does not comply involving res judicata, wherein the lawyer did not manifest the
with the illegality, the lawyer can still be held responsible for the existence of the same case with the same issues in the certification
deceitful conduct. of forum shopping. That is dishonesty, it is your duty as a lawyer to
divulge such fact.
2. Unlawful Conduct CASE DISCUSSIONS:
- It is the transgression of any provision of law, which need not be a 1. Dondon vs. Tansingco
penal law. The presence of evil intent on the part of the lawyer is
not essential in order to bring his act or omission within the terms There’s one statement there that SC considered it as falsification of
of this Rule. public document. Being a public document as it is notarized, in your
Evidence, makes it automatic evidence in court, no need for witnesses
What is the standard for an act to be an unlawful? to testify. Therefore its no only the Constitution that was circumvented
- There should be a provision of the law that provides for the illegality but is also circumventing the Notarial Law amounting to falsification of a
of the conduct, notwithstanding if there is a penalty or not. The law public document, which will amount to a crime.
itself should provide that the conduct is illegal.
- It may be a penal provision or defrauding one for misrepresentation The penalty is too light considering that the Constitution that was
that you can create gold from a piece of metal constituting estafa, violated. What mitigated the penalty is the age of the respondent lawyer
but if not provided that the conduct is illegal, such is not unlawful. and he has no record of previous infractions. But actually if the penalties
will be strictly applied it should really be disbarment. It is supposed to be
Example gambling for lawyers - is that unlawful? If playing in casino the first law to be upheld, Constitution.
as long as PAGCOR approved - NO, lawyer can. But if playing in the 2. Malcampo-Sin vs. Sin
streets - Manila ordinance prohibits.
Public prosecutor did not actively participate during the trial to prevent
In one case, SC said it can be violative of Canon 1 even if the law is not collusion between parties in the annulment proceedings.
a penal law. The Civil Code prohibits incestuous marriage.
- A lawyer may be administratively sanctioned because the Civil SC did not rule on the case and remanded it to the lower court.
Code itself provides that it is illegal. Words used “shall” or “shall
not” could be indicative of the law prohibiting such conduct. Canon 6 in relation to Canon 1 applies. Lawyers in government service
must also uphold the Constitution, obey the laws and must give respect.
Principles of equity?
- SC renders decisions based on equity and SC decisions are part What specific law was violated? Article 48 of the Family Code.
of the law of the land.
Can the lawyer be held liable for a conduct violating principles of Are there other laws violated aside from the Civil Code? The CPR in
equity as violating Canon 1? relation to the public prosecutor did not actively participate, it was only
Depends: If SC is citing a specific law and applied such law in the case
because the law says so, YES it can be used as criteria. But if the SC
PALE REVIEWER | J. FERNANDEZ 4
one instance wherein the fiscal filed a manifestation stating that there What if the complainant testified alone without any other witness? Yes,
was no collusion. if the defendant did not testify or presented any other evidence. But if
the defendant presented evidence and he also testified, there is no
What was violated is the Constitution because of the provision on the preponderant evidence. If I am the court, I will dismiss the complaint,
protection of the family. It is basic that the public prosecutor, he because it’s her word against the word of the defendant. Especially in
represents the state and therefore he should be the one to uphold the recent jurisprudence, SC becomes more strict, saying the burden is now
Constitution. Public prosecutors should be the first to uphold the shifted, there is no longer a presumption of innocence. It is a proactive
Constitution. kind of evidence.

The Code of Professional Responsibility is in the nature of an 6. Sebastian vs. Calis

Administrative Code. It is in the level of laws. Aside from the Code, the
other one that is violated is the Administrative Code of 1987 which in our Atty. Calis is guilty of grossly immoral conduct in deceiving the
main law on political law which refers to the powers of the executive complainant in the preparation of documents and that there is a refund.
department which prevents collusion. Such deceitful acts is disgraceful.

How was the act defined by SC? Is it merely unlawful? In Code 1.01 What if the lawyer responded in the court orders, do you think he would
there are four acts stated. What did the SC state is the proper be disbarred? And that there is a demand for the return of the money
characterization? Unlawful and Dishonest. It’s more on negligence, and he answered? What aggravated his acts? If he answered what do
failure to do an action. Dishonesty involves concealment, the duty to you think would be the penalty.
divulge any collusion.
Ground for disbarment is the willful disobedience of the order of the
3. Obusan vs. Obusan, Jr. Supreme court. The cause for the disbarment is failure to follow the order
of the court. If he answered, he would only be suspended only. Because
Grossly immoral conduct – act in abandoning his wife and engaging in the IBP really is a private organization, it is acting upon orders of the SC.
carnal relations. Therefore, the disobedience is the order of the SC which has been
clarified in the other cases before the SC. That if a SC refers the matter
SC said that such conduct is willful, shameless and shows indifference to an investigating officer of justice, under the power of a superior court,
in the opinion of the community. violation is a ground for disbarment. If he only answered the complaint,
he may be just suspended for ignoring and for failure to answer to the
Obusan was disbarred because the highest degree of immorality was complainant. In all cases of failure to return, the SC has imposed only 1
not met. or 2 years of suspension. Here, he is suspended for life, or permanent
suspension.
4. Terre vs. Terre
7. Coronel vs. Cunanan
In that case, it’s already the scheme, deceit and fraud that was employed
by Atty. Terre. It’s not just about marrying another while being married, How should the defense be treated? How did the SC rule on the parties
it can be just simple immorality. SC considered attendance of fraud and to the contract? There was undue advantage on the part of the lawyer.
deceit, making the immorality gross. There was a willful deceit on the part of the lawyer.

Not only because you are married to somebody and you contracted There is no absolute freedom in the contracts, the lawyer should know
marriage outside that makes it immorality. What makes it gross is the that it should comply with the Constitution.
deceit, to create and maintain the relationship and the failure to reform
and end the relationship. Fraud can be also considered present when 8. Heenan vs. Atty. Espejo
the respondent abandoned whether actually or allegedly.
How was the charge worded in the complaint? How about before the
5. Delos Reyes vs. Aznar SC?

When the immoral character of a lawyer is put into question, it is his duty Regarding the first charge for violation of the lawyer’s oath, how did the
to satisfy the court that he still fit to continue his membership in the Bar. IBP rule?

Sec. 138 of ROC– Grossly immoral conduct is a ground for disbarment Charged before IBP: Willful disobedience and gross misconduct
of a lawyer.
Lawyer’s answer: There was no comment or explanation
In this case, Atty. Aznar used his moral ascendancy.
IBP Recommendation: 5 years suspension
The evidence is called clear and preponderant evidence. The SC
considered the failure of the respondent to produce evidence of good SC: 2 years suspension
moral character. The SC is using the standard of evidence higher than
in civil cases. In civil cases, preponderance of evidence. If the plaintiff It has already been settled that the deliberate failure topay just debts
was able to adduce a quality of evidence, the court should always favor and the issuance of worthless checks constitute gross misconduct.
the plaintiff. Clearly preponderant evidence is that party with a greater
weight whether in the form of quality or in quantity. In criminal cases, While the Court may not ordinarily discipline a lawyer for misconduct
there is no balancing of greater weight of evidence, it's the prosecution’s committed in his nonprofessional or private capacity, the Court may be
duty to present greater evidence, which is the one in focus. But for justified in suspending or removing him as an attorney where his
disbarment cases, especially gross immorality, the SC set a standard misconduct outside of the lawyer’s professional dealings is so gross in
that in the testimony of immoral conduct, the burden is shifted to character as to show him morally unfit and unworthy of the privilege
respondent to prove that he really possesses good moral character. which his licenses and the law confer.

Here, the quality is not the only issue in making up a clearly Further, the misconduct of Atty. Espejo is aggravated by her unjustified
preponderant evidence but the Quantity. refusal to obey the orders of the IBP directing her to file an answer to
the complaint of Victoria and to appear at the scheduled mandatory
conference.
PALE REVIEWER | J. FERNANDEZ 5
 Can you give us circumstances showing that non-payment could already
9. Fabugais vs. Facundo be punishable?

How many incidents were there? 3. How many charges were there? In this case which was decided on 1993, there was still no order of
There are 3 acts constituting the charge of gross misconduct and restitution.
conduct unbecoming of a lawyer.
The SC in recent jurisprudence has included the directive of restitution
When the SC upheld the commissioner’s recommendation, how did the of money owed to client for violation of lawyer’s oath or gross
SC characterized the acts? The acts were immoral but not gross for him misconduct. Now if the lawyer is absolved, the SC will always direct the
to be disbarred. matter for collection to the proper forum or court.

How about the charge of gross misconduct? Is he guilty? The question of the sole non-payment of debt a violation of oath,
misconduct or any of the Canons? The answer is NO, the mere fact of
Conduct unbecoming of a lawyer is not a ground for disbarment but non-payment of debt will not hold the lawyer administratively
gross misconduct is. That’s why the SC imposed suspension. responsible. It will be a ground for gross misconduct, there is a lawyer-
client relationship. Therefore, Canon 16 comes into play, containing the
That misconduct means differently. Misconduct are acts incidental to the prohibition that a lawyer must not borrow money from the client. And
performance of his duties. Misconduct is directly related to his therefore it is important to look at the facts. If there is already attorney-
performance of his duties. Conduct unbecoming of a lawyer does not client relationship or a consultancy agreement or the lawyer has been
necessarily mean that the lawyer is in the performance of his duties. It consulted already, now comes his professional capacity. If there are no
may be in his private life. The conduct unbecoming may involve his facts to support the professional relationship, it is not really punishable.
public and private life. The lawyer may not be held responsible, the only exception is when
there is an attendance of fraud or deceit in incurring the loan on the
Sometimes the SC is silent on the matter of misconduct. Sometimes SC complainant. The deceit attended the contracting of the loan and in the
changes the grounds for the penalty. In the bar exam, the examiner is evasion of payment of the loan. Either both now it becomes a ground for
fond of twisting the questions. So you see immediately this may not be administrative liability.
the proper charge, maybe not conduct unbecoming but gross
misconduct because he did it while he was handling a case. 11. Navarro vs. Solidum
The Investigating Commissioner found respondent lawyer to have acted
inappropriately with Annaliza which created the appearance of What was the ruling of the Board of Governors? Did they modify or
immorality. This is Simple immorality which the SC imposes a lower reduce the suspension? Reduced to 2 years.
penalty than disbarment. There was no actual proof of illicit relationship,
the lawyer may still be held liable for simple immorality. It was The exception is it is allowed if it is protected by independent advice.
aggravated by the involvement of the child. When there is a corruption Isn’t it that there is a mortgage? So the procurement of the security is
of the emotional mental development of the child, the SC becomes attended with fraud or deceit, making it appear that the client is protected
stricter. by an independent contract.

10. Constantino vs. Saludares When the Canon 1.01 may also be violated if the other Canons in the
CPR are also violated. In this case, even if there are no other laws or
Is there a prior relationship between Luis Jr. and respondent? Are they statutes issued by Congress mentioned by SC and the SC mentions
merely friends or the lawyer is rendering services fro Luis Jr. at the other Canons in the CPR, this may also be covered by violation of Canon
particular time of the loan? Because that would matter, if they were really 1.01.
just friends, there is another basis for the charge. If he was the lawyer,
the charge should be different. FRIENDS ONLY, the loan was procured Canon 16 has been considered by SC as mandatory. It is an absolute
for an urgent personal need. rule, there are no excuses for Canon 16, when we finish other cases, we
will review how the supreme court considered Canon 16 as violation of
How was the loan contracted? It was procured by Atty. Saludares and lawyer’s oath and violation of Canon 1.01. Unlike the other Canons when
that it was promised to be paid the next day. the lawyers can make defenses or mitigating circumstances, that is not
availing to Canon 16. Such defenses as good faith or first time infraction,
Luis Jr. failed to appear in the place and time of payment and he is not when there is violation of Canon 16, several SC decisions impose
in the Philippines. His obligation then become impossible. disbarment. That’s how important Canon 16 is.

Charge: Conduct unbecoming of a lawyer 12. Mercullo vs. Ramon

OSG: Violation of lawyer’s oath and conduct unbecoming of a lawyer –
suspension of 1 year National Home Mortgage and Finance Corporation is a government
agency or private office? It is a government office, is it proper for him to
SC: Intentional non-payment of debt and failure to appear in payment is receive money as payment? No. The deceit started with acceptance of
manifestation of conduct unbecoming. Only mentioned Canon 1.01. money because (1) she shouldn’t have received that; (2) that she didn’t
inform complainant that she is not connected to NHMC; (3) refusal to
An attorney may be disciplined not only for malpractice and dishonesty pay despite demand; (4) she employed fraud by saying that she will be
in the profession but also for gross misconduct not connected with his able to redeem the property; (5) failure to return the money not only to
professional duties. disregard the notices and failure to pay on time.

The loan is only P1,000. This case was back in 1993. What is the penalty? 5 years suspension.

If the SC decided what could be other Canons that should have been Willful disobedience of the order of the IBP was considered by SC as
mentioned that could have been violated? You mentioned Canon 1, disobedience of the orders of the SC.
what are other Canons related to that?
How about the directive to pay the amount? She was required to return
Is non-payment of debt unlawful, dishonest, deceitful or immoral? It is the 350,000 with legal interest (12%).
conduct unbecoming of a lawyer?

PALE REVIEWER | J. FERNANDEZ 6

If you know the development, before the SC does not touch the civil law and to the courts to the clients. Not the duty to win, that is a wrong
aspect and then the second development would be containing a misconception.
directive aside from the penalty, the third development is adding now
interest. 15. De Ysasi vs. NLRC

13. Ui vs. Bonifacio It is actually a substantive law but it actually involves also provision on
all settlement proceedings before the Sanggunian. So in this particular
What was the charge? Simple immorality. case, this is a family case (inaudible). The ordinary course of events and
based on human experience, usually family quarrels are settled,
What was the sad episode? Aside from marrying a married guy? What although many times talaga nagbabati. The lawyers have the expertise
is that which constituted her defense? of the law. Well the court will try to settle it. Lawyers are prohibited to
take advantage of the dispute, especially in family corporations. It
Single women prefer single men. lessens the confidence of the public in the legal system.

Correct that she relied in good faith but it’s easy to allege good faith. In 16. Chua vs. Atty. Mesina
fact, in many SC decisions, good faith is not a defense because it is easy
to concoct. What did Carlos do? Carlos committed fraudulent Case: Breach of Contract, Gross misconduct and culpable violation of
misrepresentation, it was not only one, it was consistent fraud by Carlos. the law.
It made the SC consider Atty. Bonifacio in good faith. It was not just
indifference or simply a failure to diligently ascertain whether the man is Subject: Antedated deed of absolute sale (Evaded tax – CGT);
single. Because as a lawyer you’re also expected to get all the simulated sale to make it appear that property is sold; signatures were
certifications. Kung good faith lang at abogada ka, you are expected to not the same; Respondent lawyer borrowed title but never returned to
be more knowledgeable than the ordinary woman. Even if she exerted complainant; Lawyer failed to appear in IBP proceedings
efforts to diligently ascertain but Carlos did really commit fraudulent
misrepresentation, presented certifications that he is single, so there is How many deeds of sale? 3 for the same property.
no way really to ascertain.
Guilty of violating:
The SC did not accept the excuse, claiming that attaching a false
certificate is a dishonest act. That’s why there is a penalty of reprimand. Canon 1.01
Canon 1.02
She was totally absolved from administrative liability. How did the SC Canon 7.03
mention the standard of evidence? Canon 15.07
Canon 17
Leslie Ui failed to substantiate the illicit relationship, which is clearly
preponderant evidence, and it is higher than substantial evidence. A CGT is included in the NIRC and is a substantive law. And in the
mere testimony by the complainant and a denial of the respondent will hierarchy, violation of a substantive law is usually a violation of the
not favor the complainant. It has to be higher weight than the evidence lawyer’s oath because of the line there.
of the respondent. Why? Because SC gave weight to the allegation of
Atty. Bonifacio that she is also just a victim of fraud and therefore, there 17. Ventura vs. Samson
is equal weight, there is balance. Therefore, the burden is shifted to the
complainant, to prove that Atty. Bonifacio knew all along that she was Charge: Grossly immoral conduct
really married.
Subject: Rape of a 13-year old.
14. Chu vs. Guico, Jr.
Lawyer showed no remorse towards the sexual exploitation. There is
The decision was not reversed in the SC, the NLRC decision was not violation of the trust and confidence of the complainant. There is also
mentioned. What was the status of the NLRC decision? It was appealed grossly immoral conduct.
to the CA.
The ruling of the IBP for suspension is too light and does not bind the
RULE 1.02, CANON 1 SC. Can there be an appeal for the IBP’s decision? Not necessary. It is
A lawyer shall not counsel or abet activities aimed at defiance of automatically elevated for approval for the decision of the SC. You
the law or at lessening confidence in the legal system. mention violation of the Family Code. Here, this is not just concubinage
but a sexual misbehavior. Even isolated sexual congress will be
What acts lessened the confidence of the public in the legal system? considered as violation of family code, against substantive principle.
Bribery of the lawyer. Why did it lessen the confidence? It’s in Canon What makes it serious is the involvement of the minor. The evidence
1.01 that Bribery really is unlawful. There is a separate article and becomes of a greater weight. In our criminal law, remember these are
therefore the consequence, public policy is a separate purpose. It is qualifying circumstances which raises the penalty to the maximum or
unlawful and criminal. But in 1.02 it refer to acts, even if it is not criminal according to special law to the highest penalty. The age of the victim is
but they lessen confidence in the public. needed then to be proven with clear and preponderant evidence.

The SC mentioned “Bribery destroys the equal opportunity of the 18. Paras vs. Paras
members of the public or the citizenry to access justice” It destroys the
equal footing to access to the courts because I can pay the judge I have This will also show the moral unfitness of the lawyer. But definitely
higher opportunity. The result would be chaos, those who can’t gain psychological incapacity may not be used as the sole ground for
access to court and rightful means, we will no longer use the courts. disbarment. The surrounding circumstances should be considered.
Everybody would be bought, who would be going to courts. That is the
most important, the equal opportunity for members of the society. 19. Advincula vs. Macabata

Please remember 1.02 in connection with Canon 1.01, because in the Personal and Private life are two different concepts. In connection with
order of duties these are the most important duties of the lawyer to the Canon 7.03, use the term private life.
public. In fact, the lawyer need not exert too much effort to win a case.
That is not an expectation of the lawyer but to promote respect to the How many incidents? 2
PALE REVIEWER | J. FERNANDEZ 7
 filing of all the actions against defendants, is he committing any
May I know from the facts as to the documents? Was there any mention unethical or unprofessional conduct in violation of 1.04?
to return? No return. There was only a demand.
Answer: If the problem is centered on the acceptance of legal
If the complainant for example did consent to the kissing and hugging or services, you may be able to think of Canon 1.04 or the next Canon 2
touching for example for 2 incidents and then later on she would find it to determine whether it is unethical or unprofessional conduct. Which of
uncomfortable, do you think it would still be ground for simple the two is applicable?
immorality? For example she gave her consent but there are other - The mere acceptance of legal services said the SC is not
factors that happened after, could it be still a ground for an administrative prohibited. The focus is not on the acceptance or the undertaking
complaint? of the legal services or to enter into lawyer-client relationships with
injured, defenseless persons or oppressed persons.
In those cases where the complainant consents to acts of lasciviousness - The focus is on what remedies the lawyer pursued after accepting
or sexual advances of the lawyer, the rulings of the SC would vary based the legal services. So, if the problem presented to you is legal
on the age or maturity of the complainant. If the consent was given by remedies then there is still no unprofessional conduct.
someone who is still minor, SC will still consider it as gross immorality. - Legal remedies can still include 1.04 which are out-of-court
It may even constitute as a criminal case. If of legal age, it will also matter remedies like demand which a lawyer must first do.
as to the status of the woman. If the woman is married, the SC will
consider the gravity of the relationship. If she was a concubine or In other words, demanding for amicable settlement of dispute should
mistress, it is considered gross immorality. But if the woman is be the number one duty of the lawyer after accepting the services
unattached or unmarried, the SC will not usually consider it as immorality and not the filing of any action.
especially if the lawyer is also unmarried. It will be considered as an - This means that the lawyer should not give or volunteer or suggest
incident between two consenting adults. The SC will consider the age or the filing of a law suit right away. The proper taking is to do
maturity of the woman. The SC will also consider the motives of the demands on persons or appointment for discussion of settlement
complainant. Let’s say if the motives of the complainant are ill or is not or exchange proposals to peacefully settle dispute. It is how the
honest, it absolves the lawyer from administrative liability. So offering lawyer exerts efforts to comply with 1.04.
the cheeks will not be enough to constitute as consent. This does not
make the woman be the one to make the advances. Is one demand sufficient and after the defendant not heed to the
demand, is it sufficient to file an action? How many demands
Would the settlement, like the woman forgiving the lawyer during the should the lawyer do?
course of administrative proceedings, be a ground to terminate the - The SC in many cases laid down the rule that one demand is not
administrative case? NO. Any desistance will constitute a private matter enough, the failure of the defendants to comply is also not enough.
will not cause termination. After the demand to pay damages is refused, the next step of the
lawyer is to avail of alternative modes of dispute resolution, like
20. Japson vs. CSC mediation, reconciliation and mutual resolution included. Without
the showing that he tried to institute these modes, then he may be
When the charges were filed? These were simply dishonesty and lacking in complying with 1.04.
misconduct? What were the other charges? It was dishonesty, grave
misconduct and conduct prejudicial to the best interest of public service. How about the action of a lawyer trying to setup a meeting between
lawyers and parties to talk about perhaps proposals and counter-
What is the final ruling of the SC? Guilty of all charges. The charges refer proposals? Will it be compliant with ADR?
to the two only? All. - If the meeting is set-up between themselves, these may not be
sufficient compliance. ADR should be before a competent
In other words, under 1.01, when the section or the ruling show the four authority. ADR should be done before a barangay chairman for
prohibited acts, Gain is not an element. Whether its on the part of the example to rule on the terms and the effects of the settlement. It
prosecution to present proof of dishonest, immoral, or unlawful conduct, may be an effort to resolve settlement but is not compliant with
gain is not part of the elements that is mandatory to be proven by the ADR.
prosecution. Now, also, on the other hand, on the part of the respondent - Arbitration may involve choosing arbitrators and should be done
lawyer, gain cannot also be used as a defense to contradict the charges only if compliant with Arbitration law. That means that one party
of the 4 prohibited acts. When we say GAIN, SC may include everything, chooses an arbitrator, the second party will choose the second
whether it’s material or monetary or any abstract gain for the benefit of arbitrator, and two parties will choose a common arbitrator
the lawyer is not evident. acceptable to both of them. It is a quasi-judicial agency to rule on
Under Canon 1, we will jump to 1.04. disputes as a condition precedent to a court action.
- But to exercise arbitration in connection with legal ethics, it is
RULE 1.04, CANON 1 voluntary arbitration on the parties choosing their own arbitrators.
A lawyer shall encourage his clients to avoid, end or settle a There should be a showing that lawyers do this. Sometimes,
controversy if it will admit of a fair settlement. lawyers may choose to do mediation. We have mediation councils
for labor cases (NMC).
Problem: Atty. Santos witnessed a car accident that resulted in grave - You don’t have to file a complaint, it is just a petition to choose
physical injuries to Pedro, a close friend of the Atty. Visiting Pedro at the mediation. Mediation councils under SC or CA, although these are
hospital, the lawyer advised him about the actions that Pedro needed to limited cases available to lawyers. IBP has a Mediation office that
take regarding the accident. lawyers may use voluntarily. Petitions before the IBP despite the
IBP legal aid clinic. UP has also a mediation office. These are
The Atty. explained all the remedies under the Civil Law that is breach cases which the lawyers should not file in court but rather use the
of contract of carriage, quasi-delict action, criminal action for gross ADR options.
negligence, that Pedro will be able to recover from the action.
Third step, should then be court actions showing that all the remedies
Pedro convinced Atty. Santos to do everything, all legal steps including above have failed. There is an honest effort to go to out-of-court effort.
the filing of all the necessary actions allowed under the Rules of law That is the meaning of 1.04.
against the erring driver, owner of bus company and all other concerned - There is no unprofessional or unethical conduct by Atty. Santos in
persons. If Atty. Santos will accept the case and assist Pedro in the accepting the services. If the problem says that he recommended
the filing of an action then the answer would be different. It is an
unethical conduct in advising the filing of the action. If there is a
PALE REVIEWER | J. FERNANDEZ 8
 statement in the problem right away, then that is unethical conduct. summoning police assistance. No need to carry the client to the
He cannot volunteer the filing of the action. car. Summoning is sufficient for the immediate or urgent medical
assistance to the victim. Calling other lawyers or PAO for aid to be
Despite the exercise of the duty of the lawyer in encouraging the client able to help the defenseless person be sufficient. You are not
to settle, but the client refuses to cooperate or to use ADR or to attend required be the lawyer in the court. Asking IBP Legal aid or PAO
the hearings because the decision of the client is to file an action against will also be sufficient.
the defendant for gross negligence, is the lawyer compelled or duty
bound to follow the client or to withdraw because the client is not RULE 2.02, CANON 2
compliant with the procedures of the law? In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to
Answer: If there is a showing that there is an honest effort on the part the extent necessary to safeguard the latter’s rights.
of the lawyer to go through the modes by instituting the petition,
requesting from the proper authorities, and the client declined to settle. What do you mean by legal advice there?
- Then the lawyer’s duty is complied with and it is upon the client to - The SC said that legal advice will mean interim advice, for the
decide. present situation as necessary will be sufficient. It’s not necessary
that you give legal advice for the whole case, you may not charge
Should the lawyer withdraw or follow the client? on the meantime for not giving the total advice.
- The SC will only require the lawyer honest efforts to do so, the final
decision is on the client. 1.04 means that there should be a showing CANONS USUALLY APPLIED IN SC DECISIONS:
that the lawyer does not want to file the action in court right away.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
What could be the reason for 1.04 or the showing of the efforts? OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
- Aside from the public policy of the lawyer’s duty to temper the LAW OF AND LEGAL PROCESSES.
public’s propensity to litigate, that is also the duty of the lawyer to Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
the court to lessen the congestion or minimize congestion of the immoral or deceitful conduct.
cases upon the court.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at
With regard to the principle that the final decision of the filing of an action defiance of the law or at lessening confidence in the legal system.
is on the client, it is upon the principle that the substantial rights of the
client is still belong to him to decide. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
- For example the filing of an action, filing of an appeal, these are encourage any suit or proceeding or delay any man's cause.
matters which are substantial affecting his substantial rights. As to
the procedural matters, these are really the territory of the lawyer. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or
- So he is duty bound to follow through on mediation or ADR. He settle a controversy if it will admit of a fair settlement.
shall not forget to do that. As to the substantial rights of the client,
the lawyer should give way to the ultimate decision to the client. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
RULE 2.01, CANON 2 COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
A lawyer shall not reject, except for valid reasons, the cause of the EFFECTIVENESS OF THE PROFESSION.
defenseless or the oppressed.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the
Who are the defenseless clients? R.A. 8425 cause of the defenseless or the oppressed.
The SRA shall focus on the following sector-specific flagship programs: Rule 2.02 - In such cases, even if the lawyer does not accept a case,
(1) For farmers and landless rural workers – agricultural development; he shall not refuse to render legal advice to the person concerned
(2) For the fisherfolk – fisheries and aquatic resources conservation, if only to the extent necessary to safeguard the latter's rights.
management and development;
(3) For the indigenous peoples and indigenous communities – respect, Rule 2.03 - A lawyer shall not do or permit to be done any act
protection and management of the ancestral domains; designed primarily to solicit legal business.
(4) For workers in the informal sector – workers' welfare and protection;
(5) For the urban poor – socialized housing; and Rule 2.04 - A lawyer shall not charge rates lower than those
(6) For members of other disadvantaged groups such as the women, customarily prescribed unless the circumstances so warrant.
children, youth, persons with disabilities, the elderly, and victims of
natural and man-made calamities – the Comprehensive Integrated
Delivery of Social Services (CIDSS). CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
RA No. 9999 (Free Legal Assistance Act of 2010)
- Now, for RA 9999, the SC issued a rule on Mandatory Legal Aid CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
Services for Practicing lawyers, because under Bar Matter 2012, INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
problems involving if lawyers can refuse to render services to a SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
farmer, the answer is always No, he cannot refuse.
- The answer is because of RA 9999. Also with that, Bar Matter 2012 Rule 7.03 - A lawyer shall not engage in conduct that adversely
is issued to implement this law. There is no excuse for the refusal reflects on his fitness to practice law, nor shall he whether in public
of legal assistance of a farmer, fisherman, or urban poor. or private life, behave in a scandalous manner to the discredit of
the legal profession.
How much legal assistance are you duty bound to give to the
defenseless? Is it confined to legal advice or confined to the legal CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
representation in court or in government agencies? RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
- For example, a person who was beaten along the street asking for AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
assistance, should you bring him to the hospital or just give advice?
- No, it is not confined to legal representation or advice. He must
ensure that the client has received medical assistance by
PALE REVIEWER | J. FERNANDEZ 9
 forbidden act, a dereliction of duty, willful in character, and implies
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS a wrongful intent and not mere error of judgement”
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH
HIS CLIENTS. “Gross misconduct by an attorney in his professional or private
capacity renders him unfit to manage the affairs of others and is a
Rule 15.07. - A lawyer shall impress upon his client compliance with ground for suspension/disbarment – because good moral
the laws and the principles of fairness. character is an essential qualification for the admission of an
attorney and for continuance of such privilege
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS  Asking substantial amount of money to be given to the NLRC
PROFESSION. Commissioner to insure a favorable decision
- DISBARMENT – GROSS MISCONDUCT, VIOLATION OF
Rule 16.01 - A lawyer shall account for all money or property LAWYERS OATH (not to delay any man for money/malice)
collected or received for or from the client. - 1, 1.01, 1.02

Rule 16.02 - A lawyer shall keep the funds of each client separate “He violated his duty to promote respect for law and legal
and apart from his own and those of others kept by him. processes and not to abet activities aimed at defiance of the law”

Rule 16.04 - A lawyer shall not borrow money from his client unless  Advising to execute another Deed of Absolute Sale antedate to
the client's interest are fully protected by the nature of the case or evade payment of capital gain’s taxes
by independent advice. Neither shall a lawyer lend money to a - DISBARMENT – GROSS MISCONDUCT and DISHONESTY
client except, when in the interest of justice, he has to advance - 1, 1.01, 1.02, 7.03, 15, 15.07, 17
necessary expenses in a legal matter he is handling for the client.
“A lawyer should encourage his client to avoid, end or settle the
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS controversy if it will admit of a fair settlement”
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM. “A lawyer should be a mediator for concord and conciliator for
RULE 138, Rules of Court compromise, rather than a virtuoso of technicality in the conduct
of litigation”
Section 27. Attorneys removed or suspended by Supreme Court on
what grounds. — A member of the bar may be removed or suspended  Father and son’s counsels brought suit against each other
from his office as attorney by the Supreme Court for: - NONE.
1) any deceit, malpractice, or other gross misconduct in such office,
2) grossly immoral conduct, or “When an officer or employee is disciplined, the object sought is
3) by reason of his conviction of a crime involving moral turpitude, or not the punishment of such officer or employee, but the
4) for any violation of the oath which he is required to take before the improvement of the public service and the preservation of the
admission to practice, or public’s faith and confidence in the government; Acts that go
5) for a wilfull disobedience of any lawful order of a superior court, or against the established rules of conduct for government personnel
6) for corruptly or willful appearing as an attorney for a party to a case bring harm to the civil service, whether they result in loss or not.”
without authority so to do.
7) The practice of soliciting cases at law for the purpose of gain, either “Dishonesty is defined as the concealment or distortion of truth in
personally or through paid agents or brokers, constitutes a matter of fact relevant to one’s office or connected with the
malpractice. performance of his duty.”
SUPREME COURT DECISIONS  Profiting venture involving the processing of claims for SSS death
and funeral benefits – incorrect disbursement of public funds
Cases which involved the constitution, law or legal orders
Cases regarding sexual acts/ conducts/ relationships
“Sworn to uphold the constitution and used legal knowledge for
lawful end, amounts to malpractice in his office and serious “Failed to maintain the highest degree of morality expected and
misconduct” required of a member of the bar”

 Assist in dishonest scheme of notarizing document that evades the “Grossly immoral conduct – conduct so corrupt and false that it
law against foreign ownership of lands - constitutes a criminal act or so unprincipled or disgraceful to be
- SUSPENSION – UPHOLD THE CONSTITUTION reprehensible to a high degree”

“He should advise client to uphold the law, not to violate or disobey “Lawyers, as keepers of public faith, are burdened with a higher
it. He should not recommend to his client any recourse or remedy degree of social responsibility and thus must hand their personal
that is contrary to law, public policy, public order and public affairs with greatest caution”
morals”
“A member of the bar and officer of the court is not only required
 Proposal of an unlawful scheme through deceitful to refrain from adulterous relationship, but must also behave
misrepresentation himself as to avoid scandalizing the public by creating belief that
- SUSPENSION – OBEY THE LAWS he is flouting those moral standards”
- 1, 1.01, 1.02
“As officers of the court, lawyers must in fact and in truth be of
“Every lawyer should not render any service or give advice to any good moral character”
client that would involve defiance of the very laws that he is bound
to uphold and obey” “Immoral conduct involves acts that are willful, flagrant, or
shameless, and that show a moral indifference to the opinion of the
“Grave misconduct – improper or wrong conduct, the upright and respectable members of the community.”
transgression of some established and definite rule of action, a
PALE REVIEWER | J. FERNANDEZ 10
 as to clearly show the lawyer’s unfitness to continue in the practice
“A lawyer may be disbarred for any misconduct, whether in his of law”
professional or private capacity, which shows him to be wanting in
moral character, in honesty, probity and good demeanor or  Atty’s act of kissing client in the lips (Ruled as beso-beso, greeting)
unworthy to continue as an officer of the court.” - REPRIMAND – NOT GROSSLY IMMORAL

“Illicit sexual relations have been previously punished with

disbarment, indefinite or definite suspension, depending on the Cases which involved dealings with money, debts or obligations
circumstances.”
“Deception and other fraudulent acts by a lawyer are disgraceful
 Abandoned lawful wife and cohabited with another woman and dishonorable. They reveal moral flaws in a lawyer.”
- DISBARMENT – GROSSLY IMMORAL
“A lawyers relationship with others should be characterized with
 Convinces married woman to marry him who supported him thru highest degree of good faith, fairness and candor.”
law school and abandons child; then subsequently marry
- DISBARMENT – GROSSLY IMMORAL  Furnish spurious documents
- DISBARMENT – DECEITFUL CONDUCT
 Taking advantage of position to have carnal knowledge with a
student under threat of failing her subjects “The deliberate failure to pay just debts and the issuance of
- DISBARMENT – GROSSLY IMMORAL worthless checks constitutes gross misconduct”

 Carrying on an immoral relationship with a married man, believing “Prompt payment of financial obligations is one of the duties of a
that their 2nd marriage was valid and immediately distancing herself lawyer”
upon discovery of real civil status
- DISMISS. – NOT GROSSLY IMMORAL “A lawyer may be disciplined not only for malpractice and
dishonesty in his profession but also for gross misconduct outside
 Inviting another married man’s wife and her 10-year old daughter his professional capacity”
to sleep with him in the same bed while arms around the woman, - “Cannot ordinarily discipline a lawyer for misconduct
however not proven; entering room with just towel wherein woman, committed in his non-professional/ private capacity, except
daughter and 2 other women companions are inside when it is so gross in character as to show him morally unfit
- SUSPENSION – GROSSLY IMMORAL and unworthy of the privilege which his license and law confer”
- 7 & 7.03
 Issuance of bouncing checks, showing no remorse or refusal to
 Atty’s act of engaging in sex with a young lass, the daughter of his recognize any wrong
former employee, sexually abusing her, + also showed no remorse - SUSPENSION – VIOLATION OF LAWYERS OATH
whatsoever when he asserted that he did nothing wrong because
she allegedly agreed and he even gave her money  Failure to honor debts even after several demands + indifference
- DISBARMENT – GROSSLY IMMORAL, VIOLATION OF to the complaint
OATH - SUSPENSION - CONDUCT UNBECOMING OF AN
- 1, 1.01, 7, 7.03 OFFICER
- 1, 1.01, 7, 7.03, 11
“Good moral character is not only a condition precedent to
admission to the practice of law; Continued possession is also “A lawyer may be disciplined for misconduct committed either in
essential for remaining in the practice of law” his professional or private capacity”

“Power to disbar must be exercised with great caution and only in “A lawyer’s failure to return the excess money in his possession
clear case of misconduct that seriously affects the standing and gives rise to the presumption that he has misappropriated it for his
character of rhe lawyer; It shall never be decreed where any lesser own use to the prejudice of, and in violation of trust reposed to
penalty such as temporary suspension could accomplish the end him”
desired”
 Receiving various amounts of money but failed to render an
 Forged wife’s signature in the bank loan documents (however accounting; Did nothing after receipt of money
proven to be authorized by wife), and sired a daughter with a - DISBARMENT – MISCONDUCT
woman not his wife (proven) – immorality and abandonment of his - 1.01, 16, 16.01, 16.04
own family
- SUSPENDED – DISHONESTY AND GROSSLY IMMORAL “Any conduct unbecoming of a lawyer constitutes a violation of his
CONDUCT oath”

“It is difficult to state with precision and to fix an inflexible standard “A lawyer should comply with the orders of the Court and of the
as to what is “grossly immoral conduct” or to specify the moral Court’s duly constituted authorities, like the IBP”
delinquency and obliquity which render a lawyer unworthy of
continuing as a member of the bar—the rule implies that what  Receiving money after having made them believe that she could
appears to be unconventional behavior to the straight-laced may assist them in ensuring redemption of property, paired with wanton
not be the immoral conduct that warrants disbarment.” disregard of the several notices sent to her by IBP
- SUSPENSION – DECEITFUL CONDUCT
“Immorality has not been confined to sexual matters” - 1 & 1.01
SUGGESTED ANSWERS TO THE 2016 BAR EXAMINATIONS IN
“Only those acts which cause loss of moral character should merit LEGAL, ETHICS
disbarment or suspension, while those acts which neither affect
nor erode the moral character of the lawyer should only justify a I
lesser sanction unless they are of such nature and to such extent State the duties of a lawyer imposed by the Lawyer's Oath. (5%)
PALE REVIEWER | J. FERNANDEZ 11
SUGGESTED ANSWER:
The following are the duties of a lawyer imposed by the lawyer's oath:
1. To maintain allegiance to the Republic of the Philippines,
2. To support its Constitution,
3. To obey the laws as well as the legal orders of the duly
constituted authorities,
4. To do no falsehood nor consent to the doing of the same in
any court,
5. Not to wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor to give nor to consent to the doing
of the same;
6. To delay no man for money or malice,
7. To conduct himself as a lawyer according to the best of his
knowledge and discretion, with all good fidelity to the courts
as to his clients,
8. To impose upon himself that voluntary obligation without any
mental reservation or purpose of evasion.

PALE REVIEWER | J. FERNANDEZ 12