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Legal Ethics Chapter I Lawyer and Society
JAN 30
Posted by Magz

LEGAL ETHICS is a branch of moral science, which treats of the duties which
an attorney owes to the court, to the client, to his colleagues in the profession
and to the public as embodied in the Constitution, Rules of Court, the Code of
Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral
laws and special laws.
Original Bases of Legal Ethics:
1.
2.

Canons of Professional Ethics

Supreme court Decisions

3.
4.
5.

Statistics
Constitution
Treatises and publications

Present Basis of the Philippine Legal System: Code of Professional

Responsibility.
BAR V. BENCH
BAR Refers to the whole body of attorneys and body of judges.
BENCH denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law any activity, in or out of court which requires the application
of law, legal procedure, knowledge, training and experience. To engage in the
practice of law is to give notice or render any kind of service, which or devise
or service requires the use in any degree of legal knowledge or skill (Cayetano
v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that
class of persons who are licensed officers of the courts, empowered to appear
prosecute and defend and upon whom peculiar duties, responsibilities, and
liabilities are developed by law as a consequence(Cui v. Cui, 120 Phil. 729).
Attorney in fact an agent whose authority is strictly limited by the
instrument appointing him, though he may do things not mentioned in his
appointment necessary to the performance of the duties specifically required
of him by the power of attorney appointing him, such authority being
necessarily implied. He is not necessarily a lawyer.
Counsel de Oficio a counsel, appointed or assigned by the court, from among
members of the Bar in good standing who, by reason of their experience and
ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may
appoint any person, resident of the province and good repute for probity and
ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
Attorney ad hoc a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made (Bienvenu v.
Factors of Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record one who has filed a notice of appearance and who hence
is formally mentioned in court records as the official attorney of the party.
Person whom the client has named as his agent upon whom service of papers
may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel to distinguish them from attorneys of record, associate attorneys
are referred to as of counsel (5 Am. Jur. 261).
Lead Counsel The counsel on their side of a litigated action who is charged
with the principal management and direction of a partys case.
House Counsel Lawyer who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer.
Bar Association an association of members of the legal profession.
Advocate The general and popular name for a lawyer who pleads on behalf of
someone else.
Barrister (England) a person entitled to practice law as an advocate or
counsel in superior court.
Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical
courts whose duties and business correspond to those of an attorney at law or
solicitor in Chancery.
Titulo de Abogado it means not mere possession of the academic degree of
Bachelor of Laws but membership in the Bar after due admission thereto,
qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law.
Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to
the under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise
of his judicial function to admit candidates to the legal profession.

The Bar Examination Committee:

Composed of (1) member of the Supreme Court who acts as Chairman and eight

(8) members of the bar.

The 8 members act as examiners for the 8 bar subjects with one subject

assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the Bar

Chairman on the other hand, and the individual members of the committee on
the other. He is at the same time a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.

Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT
INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are
instruments in the effective and efficient administration of justice. (In Re:
Argosino, 1997).
Requirements for admission to the Bar:
1.
2.
3.
4.
5.

citizen of the Philippines

at least 21 years old
of good moral character
Philippine resident
Production before the supreme court satisfactory evidence of:
1.
good moral character
2.
no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral

character is not only a condition precedent for admission to the legal
profession, but it must also remain intact in order to maintain ones good
standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1.
2.

a bachelors degree in arts and sciences (pre-law course)

a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law

6.
7.
8.
9.
10.

political law
labor and social legislation
medial jurisprudence
taxation
legal ethics

Non-lawyers who may be authorized to appear in court:

1.
2.
3.

4.

5.

6.

Cases before the MTC: Party to the litigation, in person OR through an agent
or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC)
Before any other court: Party to the litigation, in person (Ibid.)
Criminal case before the MTC in a locality where a duly licensed member of
the Bar is not available: the judge may appoint a non-lawyer who is:
1.
resident of the province
2.
of good repute for probity and ability to aid the accused in his
defense (Rule 116, Sec. 7, RRC).
Legal Aid Program A senior law student, who is enrolled in a recognized law
schools clinical education program approved by the supreme Court may appear
before any court without compensation, to represent indigent clients, accepted
by the Legal Clinic of the law school. The student shall be under the direct
supervision and control of an IBP member duly accredited by the law school.
Under the Labor code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if
1.
they represent themselves, or if
2.
they represent their organization or members thereof (Art 222, PO 442,
as amended).
Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court (Act no. 2259, Sec. 9).

Public Officials who cannot engage in the private practice of Law in the
Philippines:
1.
2.
3.
4.
5.
6.

Judges and other officials as employees of the Supreme Court (Rule 148, Sec.
35, RRC).
Officials and employees of the OSG (Ibid.)
Government prosecutors (People v. Villanueva, 14 SCRA 109).
President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987 Constitution).
Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)

7.
8.

All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
Those prohibited by special law

Public Officials with Restrictions in the Practice of Law:

1.

1.
No Senator as member of the House of Representative may personally
appear as counsel before any court of justice as before the Electoral Tribunals,
as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may
practice their professions provided that if they are members of the Bar, they
shall not:
1.
appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
2.
appear as counsel in any criminal case wherein an officer or employee of
the national or local government is accused of an offense committed in
relation to his office;
3.
collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official;
4.
use property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the
government.
3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension
from the government, cannot act as counsel in any civil case in which the
Government, or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the Government is accused of
an offense in relation to his office.

Attorneys Oath:
I, __________________, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will support its constitution
and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not willingly nor wittingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer according to the best of
my knowledge and discretion, with all good fidelity as well to the court as to

my clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God. (Form 28, RRC)
Nature of Lawyers Oath

The lawyers oath is not mere facile words, drift and hollow, but a sacred trust

that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer should
at all times weigh his actions according to the sworn promises he made when
taking the lawyers oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).

Code of Professional Responsibility

Chapter 1:
Lawyer and Society
CANON 1 A lawyer shall uphold the constitution, obey the laws of the land
and promote respect for law and for legal processes

1.
2.
3.

4.

5.

6.

7.
8.

Duties of Attorneys:
to maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
to observe and maintain the respect due to the courts of justice and judicial
officers;
to counsel or maintain such actions or proceedings only as appear to him as
just, and such defenses only as he believes to be honestly debatable under the
laws;
to employ, for the purpose of maintaining the causes confided to him, such
means only as are consistent with truth and honor, and never seek to mislead
the judge or any judicial officer by an artifice or false statement of fact or law;
to maintain inviolate the confidence, and at every peril to himself, to preserve
the secrets of his client, and to accept no compensation in connection with his
clients business except from him or with his knowledge and approval;
to abstain from all offensive personality and to advance no fact prejudicial to
the honor or reputation of a party or witness, unless required by the justice of
the cause with which he is charged;
not to encourage either the commencement or the continuance of an action or
proceeding, or delay any mans cause for any corrupt motive or interest;
never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;

9.

in the defense of a person accused of a crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present
every defense that the law permits, to the end that no person may be deprived
of life or liberty, but by due process of law.

Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or

deceitful conduct.

Conviction for crimes involving moral turpitude a number of lawyers have

1.
2.
3.
4.
5.
6.
7.

been suspended or disbarred for conviction of crimes involving moral turpitude

such as:
estafa
bribery
murder
seduction
abduction
smuggling
falsification of public documents
Morality as understood in law - This is a human standard based on natural

moral law which is embodied in mans conscience and which guides him to do
good and avoid evil.
Moral Turpitude: any thing that is done contrary to justice, honesty, modesty

or good morals.
Immoral Conduct: that conduct which is willful, flagrant, or shameless and

which shows a moral indifference to the opinion of the good and respectable
members of the community (Arciga vs. Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so corrupt and false as to constitute a
criminal act or so unprincipled or disgraceful as to be reprehensible to a high
degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL
INDIFFERENCE to the opinion of respectable members of the community. (Narag
vs. Narag, 1998)

Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any mans cause.
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the
controversy if it will admit of a fair settlement.

If a lawyer finds that his clients cause is defenseless, it is his burden/duty to

advise the latter to acquiesce and submit, rather than traverse the
incontrovertible.
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except

in rare cases where the blood, relationship or trust makes it his duty to do so.
Temper clients propensity to litigate.
Should not be an instigator of controversy but a mediator for concord and

conciliator for compromise.

The law violated need not be a penal law. Moral Turpitude everything

which is done contrary to justice, honesty, modesty or good morals.

Give advice tending to impress upon the client and his undertaking exact

compliance with the strictest principles of moral law.

Until a statute shall have been construed and interpreted by competent

adjudication, he is free and is entitled to advise as to its validity and as to what

he conscientiously believes to be its just meaning and extent.
A lawyer has the obligation not to encourage suits. This is so as to prevent

barratry and ambulance chasing.

Barratry offense of frequently exciting and stirring up quarrels and suits,

either at law or otherwise; Lawyers act of fomenting suits among individuals

and offering his legal services to one of them.
Ambulance Chasing Act of chasing victims of accidents for the purpose of
talking to the said victims (or relatives) and offering his legal services for the
filing of a case against the person(s) who caused the accident(s).

CANON 2 A lawyer shall make his legal services

available in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall
not refuse to render legal advise to the person concerned if only to the
extent necessary to safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.

Primary characteristics which distinguish the legal profession from business;

1.

duty of service, of which the emolument is a by product, and in which one may
attain the highest eminence without making such money;
2. a relation as an officer of court to the administration of justice involving
thorough sincerity, integrity and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. a relation to colleagues at the bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment on their practice or dealing with their clients.

Defenseless not in the position to defend themselves due to poverty,

weakness, ignorance or other similar reasons.

Oppressed victims of acts of cruelty, unlawful exaction, domination or
excessive use of authority.

Rule on Advertisements

General Rule: No advertisements allowed. The most worthy and effective

advertisement possible is the establishment of a well-merited reputation for
professional capacity and fidelity to trust.

Lawyers may not advertise their services or expertise nor should not resort to
indirect advertisements for professional employment, such as furnishing or
inspiring newspaper comments, or procuring his photograph to be published in
connection with causes in which the lawyer has been engaged or concerning
the manner of their conduct, the magnitude of the interest involved, the
importance of the lawyers position, and all other self-laudation.

1.

Exceptions/ Permissible advertisements:

Reputable law lists, in a manner consistent with the standards of conduct

imposed by the canons, of brief biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement of his
name, the name of the law firm which he is connected with, address, telephone
number and the special branch of law practiced.
3. A simple announcement of the opening of a law firm or of changes in the
partnership, associates, firm name or office address, being for the convenience
of the profession, is not objectionable.

4.

Advertisements or simple announcement of the existence of a lawyer or his law

firm posted anywhere it is proper such as his place of business or residence
except courtrooms and government buildings.
5. Advertisements or announcement in any legal publication, including books,
journals, and legal magazines.

Rule 2.04 A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.

A lawyer cannot delay the approval of a compromise agreement entered into

between parties, just because his attorneys fees were not provided for in the
agreement.
Rule: A lawyer cannot compromise the case without clients consent (special

authority). Exception: Lawyer has exclusive management of the procedural

aspect of the litigation (e.g. Submission for decision on the evidence so far
presented. But in case where lawyer is confronted with an emergency and
prompt/urgent action is necessary to protect clients interest and theres no
opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.

Valid Justification: relatives, co-lawyers, too poor

CANON 3 A lawyer in making known is legal services shall use only true,
honest, fair dignified and objective information or statement of facts.
Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-auditory or unfair statement or
claim regarding his qualifications or legal services.

Violation of Rule 3.01 is unethical, whether done by him personally or through

another with his permission.

Rule 3.02 In the choice of a firm name, no false, misleading, or assumed

name shall be used. The continued use of the name of a deceased partner
is permissible provided that the firm indicates in all its communication that
said partner is deceased.
Rule 3.03 Where a partner accepts public office, he shall withdraw from
the firm and his name shall be dropped from the firm name unless the law
allows him to practice law concurrently.

Rule 3.04 A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.

It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client relationship with the law
firm.
Negligence of a member in the law firm is negligence of the firm.

CANON 4 A lawyer shall participate in the improvement of the legal system

by initiating or supporting efforts in law reform and in the administration of
justice.

Examples: Presenting position papers or resolutions for the introduction of

pertinent bills in congress; Petitions with the Supreme Court for the amendment
of the Rules of Court.

CANON 5 A lawyer shall keep abreast of legal developments, participate in

continuing legal education programs, support efforts to achieve high
standards in law schools as well as in the practical training of students and
assist in disseminating information regarding the law and jurisprudence.

Objectives of integration of the Bar

To elevate the standards of the legal profession

To improve the administration of justice
To enable the Bar to discharge its responsibility more effectively.

The three-fold obligation of a lawyer

First, he owes it to himself to continue improving his knowledge of the laws;

Second, he owes it to his profession to take an active interest in the
maintenance of high standards of legal education;
Third, he owes it to the lay public to make the law a part of their social
consciousness.

CANON 6 These canons shall apply to lawyers in government service in the

discharge of their official tasks.

Public Officials include elective and appointive officials and employees,

permanent or temporary, whether in the career or non-career service, including

military and police personnel, whether or not they receive compensation,

regardless of amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following norms of conduct by every

1.
2.
3.
4.
5.
6.
7.
8.

public official in the discharge and execution of their official duties:

commitment to public interest
professionalism
justness and sincerity
political neutrality
responsiveness to the public
nationalism and patriotism
commitment to democracy
simple living (Sec. 4, RA 6713)

Rule 6.01 The primary duty of a lawyer engaged in public prosecution is

not to convict but to see that justice is done. The suppression of facts or
the concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause of disciplinary action.
Rule 6.02 A lawyer in the government service shall not use his public
position to promote or advance his private interest, nor allow the latter to
interfere with his public duties.
Rule 6.03 A lawyer shall not, after leaving government service, accept
engagements or employment in connection with any matter in which he had
intervened while in said service.

Various ways a government lawyer leaves government service:

1.
2.
3.
4.
5.

retirement
resignation
expiration of the term of office
dismissal
abandonment
Q: What are the pertinent statutory provisions regarding this Rule?

A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713

Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of
public officers already penalized by existing law, the following shall constitute
corrupt practice of any public officer and are hereby declared to be unlawful:

(d) accepting or having any member of his family accept employment in a

private enterprise which has pending official business with him during the
pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:
1.

own, control, manage or accept employment as officer, employee, consultant,

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

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

Lawyers in the government service are prohibited to 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.
Misconduct in office as a public official may be a ground for disciplinary action

(if of such character as to affect his qualification as lawyer or to show moral

delinquency).
Should recommend the acquittal of the accused whose conviction is on appeal,

IF he finds no legal basis to sustain the conviction.

Includes restriction is representing conflicting interest (e.g. Accepting

engagements vs. former employer, PNB)

The OSG is not authorized to represent a public official at any state of a
criminal case.

Reference: Legal Ethics Reviewer

Ateneo
Posted in Legal Ethics
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