LEGAL ETHICS

LAWYER’S OATH o Little to no choice

I do solemnly swear that I will maintain allegiance to the Republic of the Philippines; o NOT from PAO, from DOJ
I will support its Constitution and obey laws as well as the legal orders of the duly o Public defender for indigent parties
constituted authorities therein;
I will do no falsehood, nor consent to the doing of any in court;  Attorney of record:
I will not wittingly nor willingly promote or sue any groundless, false or unlawful suit, o Attorney whose name, together with his address, is entered in the record of the
or give aid nor consent to the same; case as the designated counsel of the party litigant.
I will delay no man for money or malice, and will conduct myself as a lawyer according o To whom judicial notices are sent.
to the best of my knowledge and discretion with all good fidelity as well to the courts as
to my clients;  Lawyer “of counsel”
and I impose upon myself this voluntary obligation without any mental reservation or o an experienced lawyer, who is usually a retired member of judiciary employed
purpose of evasion. So help me God. by law firms as consultant.

 Amicus Curiae:
1. Maintain allegiance – even if dual citizen, as long as there is allegiance to Philippines o An experienced and impartial attorney invited by the court to appear and help in
2. Obey Constitution, laws, legal orders – answerability e.g. Laoag, Manila the disposition of issues submitted to it.
Green Valley, La Trinidad parking for PWD case to case basis, bird’s eye view o It implies friendly intervention of counsel to call the attention of the court to
3. Do no falsehood – as an officer of the court, first to administer justice some matters of law or facts which might otherwise escape its notice and in
x falsify x file case without basis x fraudulently acquired x forged signature regard to which it might go wrong.
4. Not promote groundless, false, unlawful suit – honesty to clients if the case will o Appears in court not to represent any particular party but only to assist the
prosper or not x clog dockets court.
5. Delay no man – presupposes speedy and expedite administration of justice
e.g. Succession cases – do not prolong  Bar refers to the legal profession. Bench refers to the judiciary.
win-win situations – alternative dispute resolution
Client: prolong, delay PRACTICE OF LAW AS A PROFESSION
Conduct self as a lawyer – own actions taking into account all obligatory moral standards Four-fold obligation:
1. A duty of public service, of which emolument is a by-product, and in which
6. Impose – Voluntary – good or bad
one may attain the highest eminence without making much money.
PRACTICE OF LAW NOT A RIGHT BUT A PRIVILEGE 2. A relation as officer of the court to the administration of justice involving
It is a right because one earned it. However, practice of law is a privilege given to a thorough sincerity, integrity, and reliability.
3. A relation to client in the highest degree fiduciary.
chosen few. It is not a birthright.
4. A relation to colleagues at the bar characterized by candor, fairness, and
Basic Ideal - render public service and secure justice for those who seeks its aid (Mayer v.
unwillingness to resort to current business methods of advertising and
State Bar) encroachment on their practice, or dealing directly with their clients.
- Lawyer forms part of the machinery of justice administered by the court These obligations must co-exist, always in a case-to-case basis, whatever is beneficial.
There is no hierarchy.
WHO IS A LAWYER?
Pass the bar | Oath-taking | Roll of Attorneys STANDARDS OF LEGAL PRACTICE
Class of persons who by license are officers of the court and who are empowered to 1. Independence – x bias Re: all perspective, Alternative Dispute Resolution
appear, prosecute and defend and on whom peculiar duties, responsibilities and 2. Accessibility – available to everyone
liabilities are devolved by law as a consequence. 3. Learning – continuing process, as laws are fluid and dynamic. Re: MCLE

 Counsel de parte: PRACTICE OF LAW

o An attorney retained by a party litigant, usually for a fee, to prosecute or defend Means any activity, in or out of court, which requires the application of law, legal
his cause in court. 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
o Implies freedom of choice either on the attorney or the litigant.
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.
 Counsel de oficio:
 Connotes habituality, not isolate. Re: P v Villanueva, Fule, private prosecutor
o Attorney appointed by the court.
 Frequent habitual exercise. In Fule’s case, his acts were isolated and therefore
o To defend an indigent defendant in a criminal action. not legal practice of law
o To represent a destitute party.  Includes legal advice and counseling
 LEGAL ETHICS
 Representation before the court of  good moral character, with special educational qualifications, duly ascertained and
certified.
1. Legal advice and instruction of rights and obligations SC: Argosino to submit evidence of good moral character
2. Preparation of pleadings
3. Appearance before tribunals PERSONS ENTITLED TO PRACTICE LAW
Any person who has been duly licensed as a member of the bar in accordance with the
Cayetano v. Monsod
statutory requirements and who is in good and regular standing is entitled to practice
Private practice
law. (Rule 138, Sec. 1, Rules of Court.)
an individual or organization engaged in the business of delivering legal services
 Existence of attorney-client relationship
Two basic requirements under Rule 138
SC: Monsod engaged in practice of law, therefore entitled to be a Commisioner.
1) Those admitted to the bar.
ESSENTIAL CRITERIA DETERMINATIVE (a) Furnishing satisfactory proof of educational, moral and other qualification.(Rule
OF ENGAGING IN THE PRACTICE OF LAW 138, Secs. 2, 5 and 6, Rules of Court)
1. Habituality. The term “practice of law” implies customarily or habitually
o Office of the Bar Confidant clearance
holding himself out to the public as a lawyer. Practice is more than an isolated
o Filipino citizen (dual citizen permitted)
appearance, for it consists in frequent or customary action, a succession of acts
of the same kind. In other words, it is a habitual exercise. o At least 21 years old
2. Application of law, legal principle, practice, or procedure which calls o Resident
for legal knowledge, training and experience. o Good moral character
3. Compensation. Practice of law implies that one must have presented himself o No charge of crime involving turpitude
to be in the active practice and that his professional services are available to the o Regularly studied 4-year law curriculum and successfully completed all
public for compensation, as a source of his livelihood or in consideration of his prescribed courses
said services. o Grade school and high school (Q: Homeschooled?)
4. Attorney-client relationship. Engaging in the practice of law presupposes o Graduate of a 4-year bachelor’s degree
the existence of lawyer-client relationship. Hence, where a lawyer undertakes an (May applicants who graduate law from foreign jurisdiction take bar exam?
activity which requires knowledge of law but involves no attorney-client B.M. No. 1153 - The Court Resolved to APPROVE the proposed amendments to Sections
relationship, such as teaching law or writing law books or articles, he cannot be 5 and 6 of Rule 138, to wit:
said to be engaged in the practice of his profession as a lawyer.
SEC. 5.Additional Requirement for Other Applicants. — All applicants for admission
Ulep v. The Legal Clinic other than those referred to in the two preceding sections shall, before being admitted to
Public policy requires duly qualified in education and character. the examination, satisfactorily show that they have successfully completed all the
Purpose of disqualification – The Legal Clinic constitutes “practice of law”. prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law
school or university officially recognized by the Philippine Government or by the proper
Aguirre v. Rana authority in the foreign jurisdiction where the degree has been granted.
Moral integrity required before one is admitted to the Philippine Bar.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be
admitted to the bar examination unless he or she has satisfactorily completed the
Bongalonta v. Castillo following course in a law school or university duly recognized by the government: civil
The practice of law is not a right but a privilege bestowed by the State on those who show law, commercial law, remedial law, criminal law, public and private international law,
that they possess, and continue to possess, the qualifications required by law for the political law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
conferment of such privilege. One of these requirements is the observance of honesty and
candor. Courts are entitled to expect only complete candor and honesty from the lawyers A Filipino citizen who graduated from a foreign law school shall be admitted to the bar
appearing and pleading before them. A lawyer, on the other hand, has the fundamental examination only upon submission to the Supreme Court of certifications showing:
duty to satisfy that expectation. for this reason, he is required to swear to do no (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent
falsehood, nor consent to the doing of any in court. degree;
SC: 6 months suspension
(b) recognition or accreditation of the law school by the proper authority; and
In re: Argosino
(c) completion of all the fourth year subjects in the Bachelor of Laws academic program
The practice of law is not a natural, absolute or constitutional right to be granted to
in a law school duly recognized by the Philippine Government.)
everyone who demands it. Rather, it is a high  personal privilege limited to citizens
 LEGAL ETHICS
(b) Passing the bar examinations. (Rule 138, Secs. 8, 9, 10, 11 and 14) (a) They shall not appear as counsel before any court in any civil case wherein a
(c) Taking the lawyer’s oath before the Supreme Court itself. (Rule 138, Sec. 17, Rules local government unit or any office, agency or instrumentality of the
of Court) government is the adverse party.
(d) Signing the roll of attorneys and receiving from the clerk of court of the Supreme
Court a certificate of the license to practice. (Rule 138, Secs. 18 and 19, Rules of (b) They shall not appear as counsel in any criminal case wherein an officer or
Court) employee of the national or local government is accused of an offense
committed in relation to his office.
(2) Those who remain in good and regular standing. (Continuing requirement for (c) They shall not collect any fee for their appearance in administrative
the practice of law) proceedings involving the local government of which he is an official
(d) They shall not use the property and personnel of the Government except
(a) Remain a member of the Integrated Bar of the Philippines. when the sanggunian member concerned is defending the interest of the
(b) Regularly pay all IBP membership dues and other lawful assessments as well as the government.
annual professional tax receipt. (3) A civil service officer or employee whose duty or responsibility does not require his
(c) Faithfully observe the rules and ethics of the legal profession. entire time to be at the disposal of the Government may engage in the private practice of
(d) Be continually subject to judicial disciplinary control. law provided he can secure a written permit from the head of the department concerned.
(e) Mandatory Continuing Legal Education
WHEN MAY NON-LAWYERS PRACTICE
PUBLIC OFFICIALS AND PRACTICE OF LAW
1. A party to a litigation in person OR through the aid of an agent or friend
General Rule: The appointment or election of an attorney to a government office appointed by him for that purpose in cases which the MTC has jurisdiction.
disqualifies him from engaging in the private practice of law. (Rule 138, Sec. 34, Rules of Court)
Reason: A public office is a public trust, and a public officer or employee is obliged not 2. In criminal cases before the MTC and a duly licensed member of the Bar is not
only to perform his duties with the highest degree of responsibility, integrity, loyalty and available, the court may appoint any person of good repute for probity and
efficiency but also with EXCLUSIVE FIDELITY. ability in the province to defend the accused. (Rule 116, Sec. 7, Rules of
The disqualification is intended to: Court)
 Preserve public trust in a public office 3. A law student who has successfully completed third year of the regular four-
 Avoid conflict of interests or a possibility thereof year prescribed law curriculum and is enrolled in a recognized law school’s
 Assure the people of impartiality in the performance of public functions and clinical legal education program approved by the Supreme Court. (Rule 138-A,
thereby promote the public welfare. Sec. 1, Rules of Court)
Public Officials who cannot practice law (Absolute Prohibition)  Note: Such law student may appear without compensation in any civil, criminal
(1) Judges and other officials and employees of the courts, officials or employees of the or administrative case before any trial court, tribunal, board or officer, to
Solicitor General, Government Prosecutors, Ombudsman and his deputies represent indigent clients accepted by the legal clinic of the law school. (Rule
138-A, Sec. 1, Rules of Court)
(2) All governors, city and municipal mayors.  Note: The appearance of the law student shall be under the DIRECT
(3) President, Vice-President, and members of the cabinet and their deputies and supervision and control of a member of the Integrated Bar of the Philippines.
assistants (Rule 138-A, Sec.2, Rules of Court)
(4) Members of Constitutional Commissions  The phrase “direct supervision and control” requires no less than the physical
(5) Civil Service Officers or employees whose duties and responsibilities require that their presence of the supervising lawyer during the hearing. This is in accordance
entire time be at the disposal of the government with the threefold rationale behind the Law Student Practice Rule, to wit:
(a) To ensure that there will be no miscarriage of justice as a result of
incompetence or inexperience of law students, who not having as yet passed the
Exceptions:
test of professional competence, are presumably not fully equipped to act as
Public Officials who can practice law but with restrictions (Relative
counsels on their own;
Prohibition)
(b) To provide a mechanism by which the accredited law school clinic may be
(1) A lawyer member of the Legislature is prohibited from appearing as counsel before
able to protect itself from any potential vicarious liability arising from some
any court of justice or before the Electoral Tribunals, or quasi-judicial and other
culpable action by their law students; and
administrative bodies.
(c) To ensure consistency with the fundamental principle that no person is
Note: What is prohibited is to “personally appear” in court and other bodies. The word
allowed to practice a particular profession without possessing the qualifications,
“appearance” includes not only arguing a case before any such body but also filing a
particularly a license, as required by law.
pleading on behalf of a client as “by simply filing a formal motion, plea, or answer.”
4. Non-lawyers may appear before the NLRC or any Labor Arbiter only:
(2) Members of the sanggunian may engage in the practice of law except in the following:
 If they represent themselves; or
 If they represent their organization or members thereof.
(Art. 222, Labor Code of the Philippines, P.D. 442)
 LEGAL ETHICS
membership in which is voluntary. Integration of the Bar is essentially a process by which
ADMISSION IS A JUDICIAL FUNCTION every member of the Bar is afforded an opportunity to do his shares in carrying out the
Underlying rationale: The quality of justice dispensed by the court depends in no small objectives of the Bar as well as obliged to bear his portion of its responsibilities.
degree upon the integrity of the attorney and the manner in which he performs his role as Organized by or under the direction of the State, an Integrated Bar is an official national
an officer of the court. body of which all lawyers are required to be members. They are, therefore, subject to all
the rules prescribed for the governance of the Bar, including the requirement of payment
Supreme Court has primary authority to decide of a reasonable annual fee for the effective discharge of the purposes of the Bar, and
A. Who may be admitted to the bar as one of its officers. adherence to a code of professional ethics or professional responsibility, breach of which
B. What are the causes for disciplinary action against him. constitutes sufficient reason for investigation by the Bar and, upon proper cause
C. Whether he should be disciplined, suspended, disbarred, or reinstated. appearing, a recommendation for discipline or disbarment of the offending member.

LAW STUDENT PRACTICE RULE The integration of the Philippine Bar means the official unification of the entire lawyer
population. This requires membership and financial support of every attorney as
1. successfully completed his 3rd year of the regular four-year prescribed law condition sine qua non to the practice of law and the retention of his name in the Roll of
curriculum Attorneys of the Supreme Court.

2. enrolled in a recognized law school's clinical legal education program The fee is imposed as a regulatory measure, designed to raise funds for carrying out the
approved by the Supreme Court noble objectives and purposes of integration.

3. may appear without compensation in any civil, criminal or administrative Thus, payment of dues is a necessary consequence of membership in the IBP, of which no
case before any trial court, tribunal, board or officer one is exempt. This means that the compulsory nature of payment of dues subsists for as
long as one's membership in the IBP remains regardless of the lack of practice of, or the
4. to represent indigent clients accepted by the legal clinic of the law school. type of practice, the member is engaged in.

 The appearance of the law student authorized by this rule, shall be under the direct
Petition, Benjamin Dacanay
supervision and control of a member of the Integrated Bar of the Philippines
Since Filipino citizenship is a requirement for admission to the bar, loss thereof
duly accredited by the law school. Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be signed by the supervising attorney terminates membership in the Philippine bar and, consequently, the privilege to engage
for and in behalf of the legal clinic. in the practice of law. 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.
 The Rules safeguarding privileged communications between attorney
and client shall apply to similar communications made to or received by the law The exception is when Filipino citizenship is lost by reason of naturalization as a citizen
student, acting for the legal clinic. 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
 The law student shall comply with the standards of professional conduct governing lost their Philippine citizenship under the conditions of [RA 9225]." 17Therefore, a Filipino
members of the Bar. Failure of an attorney to provide adequate supervision of lawyer who becomes a citizen of another country is deemed never to have lost his
student practice may be a ground for disciplinary action. 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.
Cruz v. Mina
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. Under RA 9225, if a person intends to practice the legal profession in the Philippines and
Application of Section 34 of Rule 138 and Rule 138-A: In the former, the appearance of a he reacquires his Filipino citizenship pursuant to its provisions "(he) shall apply with the
proper authority for a license or permit to engage in such practice." 18 Stated otherwise,
non-lawyer, as an agent or friend of a party litigant, is expressly allowed, while the latter
before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his
rule provides for conditions when a law student, not as an agent or a friend of a party
law practice, he must first secure from this Court the authority to do so, conditioned on:
litigant, may appear before the courts.
SC: Ferdinand Cruz may appear as private prosecutor as an agent of a party litigant.
(a) the updating and payment in full of the annual membership dues in the IBP;
Letter of Arevalo
An "Integrated Bar" is a State-organized Bar, to which every lawyer must belong, as (b) the payment of professional tax;
distinguished from bar association organized by individual lawyers themselves,
 LEGAL ETHICS
(c) the completion of at least 36 credit hours of mandatory continuing legal education; this Article shall be punished by a fine of not less than five hundred pesos
this is specially significant to refresh the applicant/petitioner’s knowledge of Philippine nor more than five thousand pesos, or imprisonment for not less than six
laws and update him of legal developments and months nor more than one year, or both, at the discretion of the court.

(d) the retaking of the lawyer’s oath which will not only remind him of his duties and Art. 222. Appearances and Fees.
responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to a. Non-lawyers may appear before the Commission or any Labor Arbiter
maintain allegiance to the Republic of the Philippines. only:
1. If they represent themselves; or
2. If they represent their organization or members thereof.
b. No attorney’s fees, negotiation fees or similar charges of any kind arising
from any collective bargaining agreement shall be imposed on any
LEGAL ETHICS PROPER individual member of the contracting union: Provided, However, that
attorney’s fees may be charged against union funds in an amount to be
agreed upon by the parties. Any contract, agreement or arrangement of any
 Branch of moral science which treats of the duties which an attorney owes to the
sort to the contrary shall be null and void.
court, to his client, to his colleagues in the profession and to the public.
 It is the embodiment of all principles of morality and refinement that should d. Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of
govern the conduct of every member of the bar secrets. — In addition to the proper administrative action, the penalty of
 Four-fold obligation
prision correccional in its minimum period, or a fine ranging from 200 to
Sources of Legal Ethical Standards 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor
1. Primary ( procurador judicial) who, by any malicious breach of professional duty or
a. Bar – Canons of Professional Ethics, Code of Professional Responsibility of inexcusable negligence or ignorance, shall prejudice his client, or reveal
b. Bench – Canons of Judicial Ethics, Code of Judicial Conduct for the any of the secrets of the latter learned by him in his professional capacity.
Philippine Judiciary
The same penalty shall be imposed upon an attorney-at-law or solicitor  
2. Secondary (procurador judicial) who, having undertaken the defense of a client or
a. Decisions/Resolutions of the Supreme Court having received confidential information from said client in a case, shall
b. Supreme Court Circulars undertake the defense of the opposing party in the same case, without the
c. Orders/ Resolutions of other Courts consent of his first client.
d. IBP Issuances
22 CANONS
3. Other sources – legislation
a. Art. 1491 NCC. The following persons cannot acquire by purchase, even at a 1. Uphold constitution
public or judicial auction, either in person or through the mediation of 2. Engage in unlawful conduct
another: (5) Justices, judges, prosecuting attorneys, clerks of superior and 3. Not counseling illegal act
inferior courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied upon The lawyer and society
an execution before the court within whose jurisdiction or territory they
exercise their respective functions; this prohibition includes the act of CANON 1
acquiring by assignment and shall apply to lawyers, with respect to the A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF
property and rights which may be the object of any litigation in which they THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
may take part by virtue of their profession.
Nadayag v. Grageda
b. Art. 2208, NCC. In the absence of stipulation, attorney's fees and expenses A lawyer shall at all times uphold the integrity and dignity of the legal profession.
of litigation, other than judicial costs, cannot be recovered. In all cases, the
attorney's fees and expenses of litigation must be reasonable.
Notarization of a private document converts such document into a public one and
renders it admissible in court without further proof of its authenticity.
c. Art. 203 Labor Code. Prohibition. No agent, attorney or other person
pursuing or in charge of the preparation or filing of any claim for benefit
under this Title shall demand or charge for his services any fee, and any Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
stipulation to the contrary shall be null and void. The retention or deceitful conduct.
deduction of any amount from any benefit granted under this Title for the
payment of fees for such services is prohibited. Violation of any provision of
 LEGAL ETHICS
e.g. use witness without a persona knowledge, unauthentic document, not 1. Volunteering advice to bring lawsuit, except in rare cases where ties of blood,
produced from illegal sources relationship, or trust;
o To delay impedes right to claim
2. Hunting up defects in titles or other causes of action and informing thereof in order
Reyes v. Gaa to be employed to bring suit of collect judgment, or to breed litigation by seeking out
Affirmative testimony is given greater weight than negative testimony. When the integrity those claims for personal injuries or those having any other grounds of action to
of a member of the bar is challenged, it is not enough that he denies the charges against secure them as clients;
him; he must meet the issue and overcome the evidence against him. He must show proof o Instigate – digging up something that went wrong
that he still maintains that degree of morality and integrity which at all times is expected 3. Employing agents or runners for like purposes;
of him o Grave injustice to community, disrespect to profession (Re: Pasig)
4. Paying reward, directly or indirectly, to those who bring or influence the bringing of
such cases to his office;
Arciga v. Maniwang
o Referral fee
An applicant for admission to the bar should have good moral character. He is required
o What if no reward, only favor? Grey area. Allowable in specific cases where
to produce before this Court satisfactory evidence of good moral character and that no
charges against him, involving moral turpitude, have been filed or are pending in any expertise needed. But if monopolizes, violative.
court. o Authoritative – no hard and fast rule
o Prosecutor, Clerk of Court not allowed to refer, but it happens.
5. Remunerating policemen, court or prison officials, physicians, hospital attaches or
If good moral character is a sine qua non for admission to the bar, then the continued others who may succeed, under the guise of giving disinterested friendly advice, in
possession of good moral character is also a requisite for retaining membership in the influencing the criminal, sick, and the injured, the ignorant or others, to seek
legal profession. Membership in the bar may be terminated when a lawyer ceases to have professional service;
good moral character. 6. Searching for unknown heirs and soliciting their employment of him; (Lucio Tan)
7. Initiating a meeting of the members of club and inducing them to organize and
Immoral conduct has been defined as "that conduct which is willful, flagrant, or contest legislation under his guidance;
shameless, and which shows a moral indifference to the opinion of the good and 8. Purchasing notes to collect them by litigation at a profit;
respectable members of the community". 9. Furnishing credit reports in expectation of possible employment; and
10. Agreeing with a purchaser of future interest to invest therein in consideration of his
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of services.
the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
In Re: Santiago any suit or proceeding or delay any man’s cause.
The admission of a lawyer to the practice of law is upon the implied condition that his
continued enjoyment of the privilege conferred is dependent upon his remaining a fit and Barratry – offense of frequently exciting or stirring up suits and quarrels either at law
safe person to society. When it appears that he, by recklessness or sheer ignorance of the or otherwise
law, is unfit or unsafe to be entrusted with the responsibilities and obligations of a  fomenting suits among individuals and offering his legal services to one of them
lawyer, his right to continue in the enjoyment of this professional privilege should be for monetary motives or purposes.
declared terminated.
Ambulance Chaser –haunts the hospitals and visits homes of the afflicted, officiously
In re: Terrell intruding their presence and persistently offering his service on the basis of a contingent
The promoting of organizations, with knowledge of their objects, for the purpose of fee.
violating or evading the laws against crime constitutes such misconduct on the part of an
attorney, an officer of the court, as amounts to malpractice or gross misconduct in his Example of delaying man’s cause
office, and for which he may be removed or suspended. (Code of Civil Procedure, sec. 21.) 1. Resorting to technicalities to frustrate the ends of justice
The assisting of a client in a scheme which the attorney knows to be dishonest, or the  Re: certification – forum shopping, MCLE #
conniving at a violation of law, are acts which justify disbarment. (Suspended for one 2. Filing of multiple and repetitious petitions which obviously delay the execution of a
year) final and executory judgment
 Confuses the judgment
3. Filing several actions covering the same subject matter or seeking substantive or
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage identical reliefs
any suit or proceeding or delay any man’s cause.  Same parties, cause of acitons, reliefe sought – forum shopping
4. Frivolous appeals for purposes of delay
Unprofessional Acts:  Appeal to appeal
 LEGAL ETHICS

5. Filing of motion for postponement and other motions for dilatory purposes
6. Harassment suits Requirements
1. Every practicing lawyer is required to render a minimum of sixty (60) hours
Millare v. Montero of free legal aid services to indigent litigants in a year. Said 60 hours shall be
A lawyer is required to represent his client "within the bounds of the law." spread within a period of twelve (12) months, with a minimum of five (5) hours
It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of of free legal aid services each month. However, where it is necessary for the
dilatory motions, repetitious litigation and frivolous appeals for the sole purpose of practicing lawyer to render legal aid service for more than five (5) hours in
frustrating and delaying the execution of a judgment. one month, the excess hours may be credited to the said lawyer for the
Respondent also guilty of forum shopping. Suspended for one year. succeeding periods.
For this purpose, a practicing lawyer shall coordinate with the Clerk of Court
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a for cases where he may render free legal aid service. He may also coordinate with the
controversy if it will admit of a fair settlement. IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where
he may render free legal aid service. In this connection, the IBP Legal Aid
De Ysasi III v. NLRC
Chairperson of the IBP Chapter shall regularly and actively coordinate
The useful function of a lawyer is not only to conduct litigation but to avoid it whenever
with the Clerk of Court.
possible by advising settlement or withholding suit. He is often called upon less for
dramatic forensic exploits than for wise counsel in every phase of life. He should be a
The practicing lawyer shall report compliance with the requirement within ten (10)
mediator for concord and a conciliator for compromise, rather than a virtuoso of
days of the last month of each quarter of the year.
technicality in the conduct of litigation.
Both counsel fell short of what was expected of them, despite their avowed duties as
2. A practicing lawyer shall be required to secure and obtain a certificate
officers of the court.
from the Clerk of Court attesting to the number of hours spent
Pajares v. Abad Santos rendering free legal aid services in a case.
The cooperation of litigants and their attorneys is needed so that needless clogging of the
court dockets with unmeritorious cases may be avoided. The certificate shall contain the following information:
a. The case or cases where the legal aid service was rendered, the party or parties
CANON 2 in the said case(s) for whom the service was rendered, the docket number of the
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN said case(s) and the date(s) the service was rendered.
EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE b. The number of hours actually spent attending a hearing or conducting
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE trial on a particular case in the court or quasi-judicial body.
PROFESSION. c. The number of hours actually spent attending mediation, conciliation or
any other mode of ADR on a particular case.
Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers d. A motion (except a motion for extension of time to file a pleading or for
B.M. No. 2012             February 10, 2009 postponement of hearing or conference) or pleading filed on a particular case
shall be considered as one (1) hour of service.
Purpose
1. Enhance the duty of lawyers to society as agents of social change and to The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained
the courts as officers thereof by helping improve access to justice by the less by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1)
privileged members of society and expedite the resolution of cases involving copy to be attached to the lawyer's compliance report.
them.
2. Mandatory free legal service by members of the bar and their active support 3. Said compliance report shall be submitted to the Legal Aid Chairperson
thereof will aid the efficient and effective administration of justice especially in of the IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall
cases involving indigent and pauper litigants. then be tasked with immediately verifying the contents of the certificate with the
issuing Clerk of Court by comparing the copy of the certificate attached to the
Scope compliance report with the copy retained by the Clerk of Court.
1. to render free legal aid services in all cases (whether, civil, criminal or
administrative) involving indigent and pauper litigants where the assistance of a 4. The IBP Chapter shall, after verification, issue a compliance certificate to the
lawyer is needed. concerned lawyer. The IBP Chapter shall also submit the compliance reports to the
2. govern the duty of other members of the legal profession to support IBP’s NCLA for recording and documentation. The submission shall be made
the legal aid program of the Integrated Bar of the Philippines.
 LEGAL ETHICS

within forty-five (45) days after the mandatory submission of compliance reports The notice to the lawyer shall include a directive to pay Four Thousand Pesos
by the practicing lawyers. (P4,000) penalty which shall accrue to the special fund for the legal aid
program of the IBP.
5. Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-
judicial bodies the number and date of issue of their certificate of 2. The "not in good standing" declaration shall be effective for a period of
compliance for the immediately preceding compliance period. Failure to disclose three (3) months from the receipt of the erring lawyer of the notice from the
the required information would cause the dismissal of the case and the expunction of IBP Board of Governors. During the said period, the lawyer cannot appear in
the pleadings from the records. court or any quasi-judicial body as counsel. Provided, however, that the "not in
good standing" status shall subsist even after the lapse of the three-month
6. Before the end of a particular year, lawyers covered by the category under period until and unless the penalty shall have been paid.
Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states
that, during that year, they are employed with the government or incumbent 3. Any lawyer who fails to comply with his duties under this Rule for at least
elective officials not allowed by law to practice or lawyers who by law are not three (3) consecutive years shall be the subject of disciplinary proceedings
allowed to appear in court. to be instituted motu proprio by the CBD.

The form shall be sworn to and submitted to the IBP Chapter or IBP National Office An Act Providing A Mechanism For Free Legal Assistance And For Other
together with the payment of an annual contribution of Two Thousand Pesos Purposes ("Free Legal Assistance Act of 2010")
(P2,000). Said contribution shall accrue to a special fund of the IBP for the support Republic Act No. 9999
of its legal aid program.
Declaration of Policy
7. Before the end of a particular year, lawyers covered by the category under 1. to value the dignity of every human person and guarantee the rights of
Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of every individual, particularly those who cannot afford the services of
the concerned NGO or PO to the effect that, during that year, they have served as legal counsel.
supervising lawyers in a legal clinic or actively participated in the NGO’s to promote a just and dynamic social order that will ensure the prosperity
or PO’s free legal aid activities. The certification shall be submitted to the IBP and independence of the nation and free the people from poverty through
policies and programs that provide adequate social services and improve the
Chapter or IBP National Office.
quality of life for all.
8. Before the end of a particular year, lawyers covered by the category under 2. guarantee free legal assistance to the poor and ensure that every person
Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during who cannot afford the services of a counsel is provided with a competent and
that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) independent counsel preferably of his/her own choice, if upon determination it
to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National appears that the party cannot afford the services of a counsel, and that services
Office together with the payment of an annual contribution of Four Thousand Pesos of a counsel are necessary to secure the ends of justice and protect of the party.
(P4,000) by way of support for the efforts of practicing lawyers who render
mandatory free legal aid services. Said contribution shall accrue to a special fund of Requirements
the IBP for the support of its legal aid program. a lawyer or professional partnership shall secure a certification from the Public
Attorney's Office (PAO), the Department of Justice (DOJ) or accredited
association of the Supreme Court indicating that the said legal services to be
9. Failure to pay the annual contribution shall subject the lawyer to a penalty provided are within the services defined by the Supreme Court, and that the agencies
of Two Thousand Pesos (P2,000) for that year which amount shall also accrue cannot provide the legal services to be provided by the private counsel.
to the special fund for the legal aid program of the IBP.
Olbes v. Deciembre
Penalties The oath that lawyers swear to likewise impresses upon them the duty of exhibiting the
1. At the end of every calendar year, any practicing lawyer who fails to meet the highest degree of good faith, fairness and candor in their relationships with others.   The
minimum prescribed 60 hours of legal aid service each year shall be oath is a sacred trust that must be upheld and kept inviolable at all times. Thus, lawyers
required by the IBP, through the NCLA, to explain why he was unable to may be disciplined for any conduct, whether in their professional or in their private
render the minimum prescribed number of hours. If no explanation has been capacity, if such conduct renders them unfit to continue to be officers of the court.
given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make Respondent suspended indefinitely.
a report and recommendation to the IBP Board of Governors that the erring
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
lawyer be declared a member of the IBP who is not in good standing. xxx
defenseless or the oppressed.
 LEGAL ETHICS
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
 Whether pro-bono or retained, a lawyers shall render the same quality of prescribed unless the circumstances so warrant.
legal service
 Schedule of Fees – so that there is fair game, no competitive market
 When rate is lowered (lowest bidder), quality tends to be lowered

IBP Guidelines
ARTICLE I CANON 3
PUBLIC RESPONSIBILITY A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY
SECTION. 1. Public service. – Legal Aid is not a matter of charity. It is a means for the TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
correction of social imbalances that may and often do lead to injustice, for which reason it STATEMENT OF FACTS.
is a public responsibility of the Bar. The spirit of public service should, therefore,
underlie all legal aid offices. The same should be so administered as to give Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
maximum possible assistance to indigent and deserving members of the community in all misleading, deceptive, undignified, self-laudatory or unfair statement or
cases, matters and situations in which legal aid may be necessary to forestall an injustice. claim regarding his qualifications or legal services.

Valid reasons for refusing to accept representation of an indigent client  With the advent of technology, consider that CPR is an old law.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if: × Best lawyer evaaaaaaah
(a) he is not in a position to carry out the work effectively or competently; × Neon lights, unicorn colors glitter
(b) he labors under a conflict of interest between him and the prospective client or × Pink – grey area
between a present client and the prospective client. × Pop-up
× Hologram
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall × LED signage – no query yet
not refuse to render legal advice to the person concerned if only to the extent × One side, law office, other business
necessary to safeguard the latter’s rights. × Twitter, Instagram (only website allowed)

 De parte cases given more leeway In Re: Tagorda

 At some extent, needs to protect rights of clients until represented by The law is a profession and not a business.
another. re: Drug lord, only 1 day to file. Still within his rights. Solicitation of cases by lawyers is destructive of the honor of a great profession. It lowers
 Legal obligation to safeguard rights the standards of that profession. It works against the confidence of the community in the
 (Conflict of interest: previous opponent, not personal, morals) integrity of the members of the bar. It results in needless litigation.
 Protect rights within the bounds of law
Ulep v. Legal Clinic
Rule 2.03 - A lawyer shall not do or permit to be done any act designed Reputation is the most effective form of advertising.
primarily to solicit legal business. Allowed:
1. Simple professional card. The card may contain only a statement of his name,
Atty. Khan v. Atty. Simbillo the name of the law firm which he is connected with, address, telephone number
Lawyering is not primarily meant to be a money-making venture, and law and special branch of law practiced.
advocacy is not a capital that necessarily yields profits. The gaining of a livelihood should × Include picture
be a secondary consideration. × Specialization – grey area. A lot of lawyers include.
2. Publication in reputable law lists, in a manner consistent with the standards of
Primary characteristics which distinguish the legal profession from a conduct imposed by the canons, of brief biographical and informative data.
business (Review: four-fold obligation, page 1) "Such data must not be misleading and may include only a statement of the
lawyer's name and the names of his professional associates; addresses,
telephone numbers, cable addresses; branches of law practiced; date and place
Defenseless – not in the position to defend themselves due to poverty, weakness, of birth and admission to the bar; schools attended with dates of graduation,
ignorance or other similar reasons. degrees and other educational distinction; public or quasi-public offices; posts
Oppressed – victims of acts of cruelty, unlawful exaction, domination or excessive use of honor; legal authorships; legal teaching positions; membership and offices in
of authority. bar associations and committees thereof, in legal and scientific societies and
legal fraternities; the fact of listings in other reputable law lists; the names and
 LEGAL ETHICS
addresses of references; and, with their written consent, the names of clients
regularly represented."  Censure – publicly Reprimand – one-on-one
× Quotes (walang bidang namamatay, nasusugatan lang)
3. Name listed in a telephone directory but not under a designation of special
branch of law. 
4. Announcement as to the existence
× Courtrooms or government buildings – Courts must show neutrality,
position of trust and confidentiality. Posting in government buildings Rule 3.04 - A lawyer shall not pay or give anything of value to representatives
may connote affiliation. of the mass media in anticipation of, or in return for, publicity to attract
5. Publication of simple announcement of opening of law firm, change of firm legal business.
× Batas Natin: “free legal advice” not allowed
6. Advertisements in legal publications such as law journals × “Nagbabalita, kung kailang nyo ng abogado…”
× Tiktik, FHM centerfold  Honest opinion is allowed, however there is a connotation that the reporter was
paid.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed
name shall be used. The continued use of the name of a deceased partner is Cruz v. Salva
permissible provided that the firm indicates in all its communications that The investigation was conducted not in respondent's office but in the session hall of the
said partner is deceased. Municipal Court of Pasay City evidently, to accommodate the big crowd that wanted to
witness the proceeding, including members of the press.
× ACCRA – OCCRA – misleading He capitalized on media mileage.
× D’Original ACCRA The members of the Court were greatly disturbed and annoyed by such publicity and
 Deceased – add +. Some retains for legacy sensationalism. In this, he committed what was regard a grievous error and poor
× Lapida, angel, “on indefinite leave” judgment for which we fail to find any excuse or satisfactory explanation. His actuations
in this regard went well beyond the bounds of prudence, discretion and good taste.
Dacanay v. Baker & McKenzie  Substantial, prejudicial publicity – if case is still pending, there should be no
Baker & McKenzie, being an alien law firm, cannot practice law in the Philippines. publicity
Respondents' use of the firm name Baker & McKenzie constitutes a representation that
being associated with the firm they could "render legal services of the highest quality to CANON 4
multinational business enterprises and others engaged in foreign trade and investment. A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL
SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM
They are enjoined from practicing law under the firm name Baker & McKenzie.
AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
 Illegal and unconstitutional
 Dynamism
Rule 3.03 - Where a partner accepts public office, he shall withdraw from the  Ulep, CPR
firm and his name shall be dropped from the firm name unless the law  Batas natin, Lawphil, Chanrobles
allows him to practice law concurrently.  Judicial Affidavit Rule
 Review absolute prohibitions and restrictions: “unless the law allows him to
practice concurrently.” 1. Participate in discourse
 In case a member of Congress, does not need to drop name in a firm. “On leave” 2. Participate in reforms
will do. 3. Pioneer in difficult questions of law to enrich jurisprudence

Samonte v. Gatdula  Facebook account: post list of cases won and failed not allowed
The name of respondent was indeed include in the BALIGOD, GATDULA, TACARDON,  Advent of social media – grey area
DIMAILIG & CELERA LAW OFFICES. While respondent denied having assumed any  Courts: within ambit of violating of CPR
position in said office, the fact remains that his name is included therein which may  Circular: are judges allowed to social media?
therefore tend to show that he has dealings with said office. × Friends with lawyers who appear – questionable because
While he may not be actually and directly employed with the firm, the fact that his name judges shall be impartial
appears on the calling card as partner in the Baligod, Gatdula, Tacardon, Dimailig &  Post home blessing, mansion of infinity pool – no hard and fast rule
Celera Law Offices give the impression that he is connected therein and may constitute  Petition to expand allowed advertisements
an act of solicitation and private practice which is declared unlawful under Republic Act.  Look into context
No. 6713. The violation committed by respondent in having his name included/retained
in the calling card may only be considered as a minor infraction for which he must also be CANON 5
administratively sanctioned. He was reprimanded.
 LEGAL ETHICS
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, (f) The Government Corporate Counsel, Deputy and Assistant Government
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, Corporate Counsel;
SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS
WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST (g) The Chairmen and Members of the Constitutional Commissions;
IN DISSEMINATING INFORMATION REGARDING THE LAW AND (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy
JURISPRUDENCE. Ombudsman and the Special Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
Rules on Mandatory Continuing Legal Education
for Members of the Integrated Bar of the Philippines (j) Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least ten (10) years in accredited law schools;

Purpose (k) The Chancellor, Vice-Chancellor and members of the Corps of Professors

to ensure that throughout their career, they keep abreast with law and jurisprudence, and Professorial Lecturers of the Philippine Judicial Academy; and
maintain the ethics of the profession and enhance the standards of the practice of law.
(l) Governors and Mayors.
Requirements
Other parties exempted from the MCLE. The following Members of the Bar are
Members of the IBP not exempt under Rule 7 shall complete every three (3) years at least
likewise exempt:
thirty-six (36) hours of continuing legal education activities approved by the MCLE
Committee. Of the 36 hours (hours equivalent to units): (a) Those who are not in law practice, private or public.
(a) At least six (6) hours – legal ethics  (b) Those who have retired from law practice with the approval of the IBP
Board of Governors.
(b) At least four (4) hours – trial and pretrial skills 
Proof of exemption. Applications for exemption from or modification of the MCLE
(c) At least five (5) hours – alternative dispute resolution
requirement shall be under oath and supported by documents.
(d) At least nine (9) hours – updates on substantive and procedural laws, and
 Providers should be accredited (e.g. IBP, Chanrobles, Avila)
jurisprudence 
 Accredited by the Supreme Court (with checkers and monitors
(e) At least four (4) hours – legal writing and oral advocacy  Exemptions: SC will not provide judicial notice. Needs to write SC and
provide evidence.
(f) At least two (2) hours – international law and international conventions  Philippine Judicial Academy
(g) The remaining six (6) hours – such subjects as may be prescribed by the Failure to satisfy the education requirement and furnish evidence of such
MCLE Committee compliance within sixty (60) days from receipt of non-compliance notice. Non-
Exemptions compliance notice, 60-day period to attain compliance.

Parties exempted from the MCLE. - The following members of the Bar are exempt from Dulalia v. Cruz
the MCLE requirement: Ignorance of the law excuses no one from compliance therewith.
The duty of lawyers to obey the laws of the land and promote respect for the law and
(a) The President and the Vice President of the Philippines, and the legal processes. carries with it the obligation to be well-informed of the existing laws
Secretaries and Undersecretaries of Executive Departments; and to keep abreast with legal developments.
(b) Senators and Members of the House of Representatives;
CANON 6
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
and retired members of the judiciary, incumbent members of the Judicial SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.
and Bar Council and incumbent court lawyers covered by the Philippine
Judicial Academy program of continuing judicial education;  Lawyers in public office are still part of the bar and are still subject to the direct
control and supervision and disciplinary jurisdiction of the Supreme Court.
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries  A lawyer does not shed his professional obligations upon assuming public
of the Department of Justice; office. In fact, his public office should make him more sensitive to his
professional obligations because a lawyers disreputable conduct is more likely to
(e) The Solicitor General and the Assistant Solicitors General;
be magnified in the public eye.
 LEGAL ETHICS
 The ethical duties provided for in the CPR are rendered even more exacting as to A lawyer owes entire devotion to the interest of his client, but not at the expense of truth.
them because, as government counsel, they have the added duty to abide by the The first duty of a lawyer is not to his client but to the administration of
policy of the State to promote a high standard of ethics in public service. justice. To that end, his client's success is wholly subordinate. His conduct ought to and
 Highest degree of professionalism, intelligence and skill and to extend prompt, must always be scrupulously observant of law and ethics. While a lawyer must advocate
courteous and adequate service to the public. his client's cause in utmost earnestness and with the maximum skill he can marshal, he is
 Public office is a public trust.
not at liberty to resort to illegal means for his client's interest. It is the duty of an attorney
to employ, for the purpose of maintaining the causes confided to him, such means as are
General Rule: A lawyer who holds a government position may not be disciplined as a
member of the bar for misconduct in the discharge of his duties as a government official. consistent with truth and honor.
Exception: If the misconduct also constitutes a violation of the Code of Professional
Responsibility or the lawyer’s oath or is of such character as to affect his qualification as a Rule 6.02 - A lawyer in the government service shall not use his public
lawyer or shows moral delinquency on his part, such individual may be disciplined as a position to promote or advance his private interests, nor allow the latter to
member of the bar for such misconduct. interfere with his public duties.

RA 6713: Code of Conduct and Ethical Standards for Public Officials and Employees  Lawyers in limited practice: public office duties prevail

Collantes v. Renomeron "Public Officials" includes elective and appointive officials and employees, permanent
Respondent dismissed from the government service or temporary, whether in the career or non-career service, including military and police
His misconduct as a public official also constituted a violation of his oath as a lawyer. personnel, whether or not they receive compensation, regardless of amount. (Sec 3(b) RA
He was disbarred. 6713)

Pimentel v. Llorente  This restriction applies particularly to lawyers in government service, who are
Respondents tampered with the votes received by him. They claimed that the errors allowed by law to engage in private law practice and to those who, though
pointed out by complainant could be attributed to honest mistake, oversight, and/or prohibited from engaging in the practice of law, have friends, former associates
fatigue. and relatives, who are in the active practice of law
By certifying as true and correct the SoVs in question, respondents committed a breach of  If the law allows a public official to practice law concurrently, he must not use
Rule 1.01 of the Code which stipulates that a lawyer shall not engage in "unlawful, his
dishonest, immoral or deceitful conduct." They are guilty of misconduct. They likewise public position to feather his law practice. Neither should he accept any private
violated their oath of office as lawyers to "do no falsehood." legal business in which his duty to his client will or may conflict with his official
duties.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not  If the law does not allow him to practice his profession, he should not do so
to convict but to see that justice is done. The suppression of facts or the indirectly by being a silent partner in a law firm or by securing legal business for
concealment of witnesses capable of establishing the innocence of the a friend or former associate in the active practice of law receiving a share in the
accused is highly reprehensible and is cause for disciplinary action. attorney's fees for his efforts.

 Prosecutor’s duties: to examine of there is probable cause, then to indite and file Rule 6.03 - A lawyer shall not, after leaving government service, accept
charges. If no probable cause, set free. Better to set a guilty man free than engagement or employment in connection with any matter in which he had
imprison an innocent man. intervened while in said service.
 The two-fold aim of which is that guilt shall not escape or innocent suffer.
 He owes the state, the court and the accused the duty to lay before the court the
pertinent facts at his disposal with methodical and meticulous attention, Prohibited Acts and Transactions. - In addition to acts and omissions of public
clarifying contradictions and filling up gaps and loopholes in his evidence to the officials and employees now prescribed in the Constitution and existing laws, the
end that the court's mind may not be tortured by doubts, the innocent may not following shall constitute prohibited acts and transactions of any public official and
suffer, and the guilty not escape unpunished. employee and are hereby declared to be unlawful: xxx
 His noble task is to prosecute only the guilty and to protect the innocent.
(b) Outside employment and other activities related thereto. - Public officials and
Valencia v. Cabanting employees during their incumbency shall not:
Public policy prohibits the transactions in view of the fiduciary relationship involved. It is
intended to curtail any undue influence of the lawyer upon his client. Greed may get the (1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
better of the sentiments of loyalty and disinterestedness. Any violation of this prohibition broker, agent, trustee or nominee in any private enterprise regulated, supervised or
would constitute malpractice and is a ground for suspension. licensed by their office unless expressly allowed by law;
 LEGAL ETHICS
(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with
any matter before the office he used to be with, in which case the one-year prohibition
shall likewise apply. (Sec. 7(b) RA 6713)

“any matter” “he had intervened”

any conceivable subject in which he acted in his official capacity

“matter”
any discrete, isolatable act as well as identifiable transaction or conduct involving a
particular situation and specific party, and not merely an act of drafting, enforcing or
interpreting government or agency procedures, regulations or laws, or briefing abstract
principles of law.
 LEGAL ETHICS
The Lawyer and the Legal Profession

CANON 7 Rule 7.01 - A lawyer shall be answerable for knowingly making a false
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY statement or suppressing a material fact in connection with his application
OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE for admission to the bar.
INTEGRATED BAR.
One who aspires to profess the law must show his fitness for admission by adherence to,
 Competition with healthy, mutual respect or observance of, the standards of conduct required of members of the Bar.

Maintenance of a high standard of legal proficiency and fair dealing is a prerequisite to A person seeking to be admitted to the bar must show that he has all the qualifications
making the bar an effective instrument in the proper administration of justice. and none of the disqualifications prescribed by law.

It is necessary that lawyers strive to uphold the honor and maintain dignity of the Leda v. Tabang
profession and to improve not only the law but the administration of justice as well. His declaration in his application for Admission to the 1981 Bar Examinations that he
was "single" was a gross misrepresentation of a material fact made in utter bad faith, for
which he should be made answerable. 
The respect of the public to the legal profession is enhanced by the faithful performance
It cannot be overemphasized that the requirement of good moral character is not only a
of the lawyer’s duties to the court, to society, to his brethren in the profession, and to his
condition precedent to admission to the practice of law; its continued possession is  also
client.
essential for remaining in the practice of law.
RULE 139-A
Rule 7.02 - A lawyer shall not support the application for admission to the
Integrated Bar of the Philippines
bar of any person known by him to be unqualified in respect to character,
Section 2. Purposes. — The fundamental purposes of the Integrated Bar shall be to
education, or other relevant attribute.
elevate the standards of the legal profession, improve the administration of justice, and
enable the Bar to discharge its public responsibility more effectively.
A lawyer should help in guarding the bar against the admission to the profession of
candidates who are unfit or unqualified because deficient in either moral character or
IBP – state mandated
education.
THE INTEGRATED BAR OF THE PHILIPPINES BY-LAWS
In Re: Parazo
ARTICLE I
GENERAL PROVISIONS
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his
The purposes of the Integrated Bar include, without being limited to, those specified in
fitness to practice law, nor shall he, whether in public or private life, behave
the per curiam Resolution of the Supreme Court dated January 9, 1973 ordaining the
in a scandalous manner to the discredit of the legal profession.
integration of the Philippine Bar, to wit:
 Dress appropriately
[1] Assist in the administration of justice;
 Carefulness on social media
[2] Foster and maintain, on the part of its members, high ideals of integrity, learning,
professional competence, public service and conduct; A lawyer should endeavor to conduct himself at all times to give credit to the legal
profession and to inspire the confidence, respect and trust of his clients and the
[3] Safeguard the professional interests of its members; community.
[4] Cultivate among its members a spirit of cordiality and brotherhood;
The following are acts which adversely reflect on the lawyer’s fitness to
[5] Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice law and justifies suspension from practice or disbarment:
practice and procedure, and the relations of the Bar to the Bench and to the public, and  Gross immorality
publish information relating thereto;  Conviction of a crime involving moral turpitude
 Fraudulent transactions
[6] Encourage and foster legal education; and

[7] Promote a continuing program of legal research in substantive and adjective law, and
make reports and recommendations thereon.

Santos v. Llamas Tan v. Sabandal

 LEGAL ETHICS

The Supreme Court and the Philippine Bar have always tried to maintain a high standard success is wholly subordinate; and their conduct ought to and must be scrupulously
for the legal profession, both in academic preparation and legal training as well as in observant of law and ethics."
honesty and fair dealing. The Court and the licensed lawyers themselves are vitally
interested in keeping this high standard; and one of the ways of achieving this end is to It is a duty as a member of the Bar "to abstain from all offensive personality and to
admit to the practice of this noble profession only those persons who are known to be 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." 
honest and to possess good moral character.

Although the term "good moral character" admits of broad dimensions, it has been To preserve its dignity, a court of justice should not yield to the assaults of disrespect.
defined as "including at least common honesty". It has also been held that no moral
qualification for bar membership is more important than truthfulness or candor. In Re: Almacen

Castillo v. Padilla
Melendrez v. Decena The respondent exhibited lack of respect not only to a fellow lawyer but also to the court
The moral turpitude for which an attorney may be disbarred may consist of misconduct
in either his professional or non-professional attitude. The complained acts of Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
respondent imply something immoral in themselves, regardless of the fact whether they professional employment of another lawyer; however, it is the right of any
are punishable by law. The doing of the act itself, and not its prohibition by statute, fixes lawyer, without fear or favor, to give proper advice and assistance to those
the moral turpitude seeking relief against unfaithful or neglectful counsel.
Vitug v. Roncal
2 parts
CANON 8 1. Not encroach
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND  Out of respect
CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL  Turn down client at first instance, coordinate with the other lawyer
AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. 2. Speaks of erring lawyers

Membership in the bar imposes upon lawyers certain obligations to one another: Once a client retains the services of a lawyer, it is a contract between them. Any act highly
courtesy, candor, fairness and truthfulness. unethical should be avoided. Previously handled cases requires notice of termination.
 Compete, but do not feed on the weakness of the opponent
 One only wins if it is a clean win A lawyer’s entry of appearance in the case without notice to the first lawyer amounts to
an improper encroachment upon the professional employment of the original counsel.
Lawyers must bear in mind that they are not enemies but brother and sisters in their
profession. In Re: Clemente Soriano
The entry of appearance of a counsel in a case which has long been sealed and terminated
A lawyer should not ignore recognized customs and practices of the bar. by a final judgment, besides being an unmitigated absurdity in itself and an unwarranted
annoyance to the court which pronounced the judgment, is a sore deviation from normal
Rule 8.01 - A lawyer shall not, in his professional dealings, use language judicial processes. It detracts heavily from the faith which should be accorded final
which is abusive, offensive or otherwise improper. judgments of courts of justice, generating as it does in the minds of the litigants, as well
as of the public, an illusory belief that something more can be done toward overturning a
 Tendency of highly competitive person – high headed final judicial mandate.
 Do not send pleadings when mad
 Do not make enemies The respondent was wanting in the reasonable care which every member of the Bar must
needs exercise before rushing into the midst of a case already litigated or under litigation.
The highest rewards that can come to a lawyer is the esteem of his professional brethren.
It is an esteem which is borne in sharp contests and thrives despite conflicting interests. Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the
It is an esteem commanded solely by integrity, by character and by brains and skill in he conformity of the counsel whom he would substitute.
honorable performance of professional duty.

Vitug v. Roncal
A client's cause does not permit an attorney to cross the line between liberty and
license. Lawyers must always keep in perspective the thought that "since lawyers are
administrators of justice, oath-bound servants of society, their first duty is not to
their clients, as many suppose, but to the administration of justice; to this, their clients'
 LEGAL ETHICS

11. 05 4. Undue delay in the submission of monthly reports.

Rules of Court Rule 140 - DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL 12.02
COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
Rules of Court Rule 7 – Parts of a pleading
SEC. 7. Classification of charges. – Administrative charges are classified as serious, less
serious, or light. Section 5. Certification against forum shopping. — The plaintiff or principal party shall
certify under oath in the complaint or other initiatory pleading asserting a claim for
SEC. 8. Serious charges. – Serious charges include: relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a)
1. Bribery, direct or indirect; that he has not theretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019); such other action or claim is pending therein; (b) if there is such other pending action or
claim, a complete statement of the present status thereof; and (c) if he should thereafter
3. Gross misconduct constituting violations of the Code of Judicial Conduct; learn that the same or similar action or claim has been filed or is pending, he shall report
that fact within five (5) days therefrom to the court wherein his aforesaid complaint or
4. Knowingly rendering an unjust judgment or order as determined by a competent court initiatory pleading has been filed.
in an appropriate proceeding;
Failure to comply with the foregoing requirements shall not be curable by mere
5. Conviction of a crime involving moral turpitude; amendment of the complaint or other initiatory pleading but shall be cause for the
6. Willful failure to pay a just debt; dismissal of the case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or non-compliance with any of the
7. Borrowing money or property from lawyers and litigants in a case pending before the undertakings therein shall constitute indirect contempt of court, without prejudice to the
court; corresponding administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground for
8. Immorality; summary dismissal with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions. (n)
9. Gross ignorance of the law or procedure;
15. 03
10. Partisan political activities; and 
Rule 130
11. Alcoholism and/or vicious habits.

SEC. 9. Less Serious Charges. – Less serious charges include: Sec 24 (b) An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the course of, or
1. Undue delay in rendering a decision or order, or in transmitting the records of a case; with a view to, professional employment, nor can an attorney's secretary, stenographer,
or clerk be examined, without the consent of the client and his employer, concerning any
2. Frequently and unjustified absences without leave or habitual tardiness; fact the knowledge of which has been acquired in such capacity;
3. Unauthorized practice of law;

4. Violation of Supreme Court rules, directives, and circulars;

5. Receiving additional or double compensation unless specifically authorized by law;

6. Untruthful statements in the certificate of service; and 

7. Simple Misconduct.

SEC. 10. Light Charges. – Light charges include:

1. Vulgar and unbecoming conduct;

2. Gambling in public;
16.02
3. Fraternizing with lawyers and litigants with pending case/cases in his court; and 
 LEGAL ETHICS
Diligence of a good father of the family – civil code

Rule 138

Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds, documents
and papers of his client which have lawfully come into his possession and may retain the
same until his lawful fees and disbursements have been paid and may apply such funds to Quantum meruit
the satisfaction thereof. He shall also have a lien to the same extent upon all judgments
for the payment of money, and executions issued in pursuance of such judgments, which
he has secured in a litigation of his client, from and after the time when he shall have the Recovery of attorney’s fees on the basis of quantum meruit is authorized when
caused a statement of his claim of such lien to be entered upon the records of the court
rendering such judgment, or issuing such execution, and shall have the caused written (1) there is no express contract for payment of attorney’s fees agreed upon between the
notice thereof to be delivered to his client and to the adverse party; and he shall have the lawyer and the client;
same right and power over such judgments and executions as his client would have to
enforce his lien and secure the payment of his just fees and disbursements.
(2) when although there is a formal contract for attorney’s fees, the fees stipulated are
found unconscionable or unreasonable by the court; and
Canon 18
(3) when the contract for attorney’s fees is void due to purely formal defects of execution;
Negligence of Counsel binds clients except:
(4) when the counsel, for justifiable cause, was not able to finish the case to its
(1) where reckless or gross negligence of counsel deprives the client of due process of law; conclusion;

(2) when its application will result in outright deprivation of the client’s liberty or (5) when lawyer and client disregard the contract for attorney’s fees.
property; or

(3) where the interests of justice so require.

Canon 20

Fees:

1. Fixed/ absolute regardless on success

2. Contingent – dependent on success

3. Appearance fee

4. Judicial affidavit fee

5. Time billing

6. Progress billing
 LEGAL ETHICS
Canon 1 Section 1
Independence
Judicial independence is a pre-requisite to the rule of law and a Judges shall ensure that not only is their conduct above reproach, but that it is perceived
fundamental guarantee of a fair trial. A judge shall therefore uphold and to be so in the view of a reasonable observer.
exemplify judicial independence in both its individual and institutional
Section 2
aspects.
The behavior and conduct of judges must reaffirm the people's faith in the integrity of the
Section 1
judiciary. Justice musty not merely be done but must also be seen to be done.
Judges shall exercise the judicial function independently on the basis of their assessment
Section 3
of the facts and in accordance with a conscientious understanding of the law, free of any
extraneous influence, inducement, pressure, threat or interference, direct or indirect, Judges should take or initiate appropriate disciplinary measures against lawyers or court
from any quarter or for any reason. personnel for unprofessional conduct of which the judge may have become aware.
Section 2 Canon 3
Impartiality
In performing judicial duties, Judges shall be independent from judicial colleagues in
Impartiality is essential to the proper discharge of the judicial office. It
respect of decisions which the judge is obliged to make independently.
applies not only to the decision itself but also to the process by which the
Section 3 decision to made.

Judges shall refrain from influencing in any manner the outcome of litigation or dispute Section 1
pending before another court or administrative agency.
Judges shall perform their judicial duties without favor, bias or prejudice.
Section 4
Section 2
Judges shall not allow family, social, or other relationships to influence judicial conduct
Judges shall ensure that his or her conduct, both in and out of court, maintains and
or judgment. The prestige of judicial office shall not be used or lent to advance the private
enhances the confidence of the public, the legal profession and litigants in the
interests of others, nor convey or permit others to convey the impression that they are in
impartiality of the judge and of the judiciary.
a special position to influence the judge.
Section 3
Section 5
Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions
Judges shall not only be free from inappropriate connections with, and influence by, the
on which it will be necessary for them to be disqualified from hearing or deciding cases.
executive and legislative branches of government, but must also appear to be free
therefrom to a reasonable observer. Section 4
Section 6 Judges shall not knowingly, while a proceeding is before, or could come before, them
make any comment that might reasonably be expected to affect the outcome of such
Judges shall be independent in relation to society in general and in relation to the
proceeding or impair the manifest fairness of the process. Nor shall judges make any
particular parties to a dispute which he or she has to adjudicate.
comment in public or otherwise that might affect the fair trial of any person or issue.
Section 7
Section 5
Judges shall encourage and uphold safeguards for the discharge of judicial duties in order
Judges shall disqualify themselves from participating in any proceedings in which they
to maintain and enhance the institutional and operational independence of the judiciary.
are unable to decide the matter impartially or in which it may appear to a reasonable
Section 8 observer that they are unable to decide the matter impartially. Such proceedings include,
but are not limited to, instances where
Judges shall exhibit and promote high standards of judicial conduct in order to reinforce
public confidence in the judiciary which is fundamental to the maintenance of judicial a. The judge has actual bias or prejudice concerning a party or personal knowledge
independence. of disputed evidentiary facts concerning the proceedings;

Canon 2 b. The judge previously served as a lawyer or was a material witness in the matter
Integrity in controversy;
Integrity is essential not only to the proper discharge of the judicial office c. The judge, or a member of his or her family, has an economic interest in the
but also to the personal demeanor of judges. outcome of the matter in controversy;
 LEGAL ETHICS
d. The judge served as executor, administrator, guardian, trustee or lawyer in the Judges, like any other citizen, are entitled to freedom of expression, belief, association
case or matter in controversy, or a former associate of the judge served as and assembly, but in exercising such rights, they shall always conduct themselves in such
counsel during their association, or the judge or lawyer was a material witness a manner as to preserve the dignity of the judicial office and the impartiality and
therein; independence of the judiciary.
e. The judge's ruling in a lower court is the subject of review; Section 7
f. The judge is related by consanguinity or affinity to a party litigant within the Judges shall inform themselves about their personal fiduciary financial interests and
sixth civil degree or to counsel within the fourth civil degree; or shall make reasonable efforts to be informed about the financial interests of members of
their family.
g. The judge knows that his or her spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or Section 8
in a party to the proceeding, or any other interest that could be substantially
affected by the outcome of the proceedings; Judges shall not use or lend the prestige of the judicial office to advance their private
interests, or those of a member of their family or of anyone else, nor shall they convey or
Section 6 permit others to convey the impression that anyone is in a special position improperly to
influence them in the performance of judicial duties.
A judge disqualified as stated above may, instead of withdrawing from the proceeding,
disclose on the records the basis of disqualification. If, based on such disclosure, the Section 9 as last updated by OCA Cir. 103-06 (2006)
parties and lawyers independently of the judge's participation, all agree in writing that
the reason for the inhibition is immaterial or unsubstantial, the judge may then Confidential information acquired by judges in their judicial capacity shall not be used or
participate in the proceeding. The agreement, signed by all parties and lawyers, shall be disclosed for any other purpose NOT related to their judicial duties.
incorporated in the record of the proceedings.
Section 10
Canon 4
Subject to the proper performance of judicial duties, judges may:
Propriety
Propriety and the appearance of propriety are essential to the performance a. Write, lecture, teach and participate in activities concerning the law, the legal
of all the activities of a judge. system, the administration of justice or related matters;
Section 1 b. Appear at a public hearing before an official body concerned with matters
relating to the law, the legal system, the administration of justice or related
Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
matters;
Section 2
c. Engage in other activities if such activities do not detract from the dignity of the
As a subject of constant public scrutiny, judges must accept personal restrictions that judicial office or otherwise interfere with the performance of judicial duties.
might be viewed as burdensome by the ordinary citizen and should do so freely and
Section 11
willingly. In particular, judges conduct themselves in a way that is consistent with the
dignity of the judicial office. Judges shall not practice law whilst the holder of judicial office.
Section 3 Section 12
Judges shall, in their personal relations with individual members of the legal profession Judges may form or join associations of judges or participate in other organizations
who practice regularly in their court, avoid situations which might reasonably give rise to representing the interests of judges.
the suspicion or appearance of favoritism or partiality.
Section 13
Section 4
Judges and members of their families shall neither ask for, nor accept, any gift, bequest,
Judges shall not participate in the determination of a case in which any member of their loan or favor in relation to anything done or to be done or omitted to be done by him or
family represents a litigant or is associated in any manner with the case. her in connection with the performance of judicial duties.
Section 5 Section 14
Judges shall not allow the use of their residence by a member of the legal profession to Judges shall not knowingly permit court staff or others subject to their influence,
receive clients of the latter or of other members of the legal profession. direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be done in connection with their duties or
Section 6
functions.
 LEGAL ETHICS
Section 15 Judges shall devote their professional activity to judicial duties, which include not only
the performance of judicial functions and responsibilities in court and the making of
Subject to law and to any legal requirements of public disclosure, judges may receive a decisions, but also other tasks relevant to the judicial office or the court's operations.
token gift, award or benefit as appropriate to the occasion on which it is made provided
that such gift, award or benefit might not reasonably be perceived as intended to Section 3
influence the judge in the performance of judicial duties or otherwise give rise to an
appearance of partiality. Judges shall take reasonable steps to maintain and enhance their knowledge, skills and
personal qualities necessary for the proper performance of judicial duties, taking
Canon 5 advantage for this purpose of the training and other facilities which should be made
Equality available, under judicial control, to judges.
Ensuring equality of treatment to all before the courts is essential to the
due performance of the judicial office. Section 4

Section 1 Judges shall keep themselves informed about relevant developments of international law,
including international conventions and other instruments establishing human rights
Judges shall be aware of, and understand, diversity in society and differences arising norms.
from various sources, including but not limited to race, color, sex, religion, national
origin, caste, disability, age, marital status, sexual orientation, social and economic status Section 5
and other like causes.
Judges shall perform all judicial duties, including the delivery of reserved decisions,
Section 2 efficiently, fairly and with reasonable promptness.

Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias Section 6
or prejudice towards any person or group on irrelevant grounds.
Judges shall maintain order and decorum in all proceedings before the court and be
Section 3 patient, dignified and courteous in relation to litigants, witnesses, lawyers and others
with whom the judge deals in an official capacity. Judges shall require similar conduct of
Judges shall carry out judicial duties with appropriate consideration for all persons, such legal representatives, court staff and others subject to their influence, direction or
as the parties, witnesses, lawyers, court staff and judicial colleagues, without control.
differentiation on any irrelevant ground, immaterial to the proper performance of such
duties. Section 7

Section 4 Judges shall not engage in conduct incompatible with the diligent discharge of judicial
duties.
Judges shall not knowingly permit court staff or others subject to his or her influence,
direction or control to differentiate between persons concerned, in a matter before the
judge on any irrelevant ground.

Section 5
Judges shall require lawyers in proceedings before the court to refrain from manifesting,
by words or conduct, bias or prejudice based on irrelevant grounds, except such as are
legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.

Canon 6
Competence and Diligence
Competence and diligence are prerequisites to the due performance of
judicial office.

Section 1
The judicial duties of a judge take precedence over all other activities.

Section 2
LEGAL ETHICS