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7/27/2019 Legal Ethics (Hizon Notes)
1/43
NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 1UNIVERSITY OF SANTO TOM
UNIVERSITY OF SANTO TOMASFaculty of Civil Law
A.Y. 2012-2013
First Semester
LEGAL ETHICS
Preliminaries
Q: What is Legal Ethics?
A: It is a branch of moral science which treats of duties which
an attorney owes to the court, to his client, to his colleagues
in the profession and to the public.
It provides the needed moral foundation in the study of lawintended to guide student throughout his life.
Q: What is the significance of Legal Ethics?
A: The practice of law will be transgressive, anarchic, riotous,
lawbreaking, defiant and disobedient to courts if there are no
set of governing rules to limit the parameters and tame the
exercise of the profession.
It will guard against abuses and ills of the profession such as
dishonesty, deceit, immorality, negligence, slothness, lack of
diligence and the many forms of malpractice of the members
of the bar.
It will raise the standard of the legal profession, encourage
and enhance the respect for the law, assure an effective and
efficient administration of justice. It provides the basis for the
wedding out of the unfit and misfit in the legal profession for
the protection of the public.
Q: What are the original bases of Legal Ethics?
A:
1. Canons of Professional Ethics2. Supreme Court Decisions3. Statutes4. Constitution5. Treatises and Publications
Q: What is the present basis of Philippine Legal Ethics?
A: The main basis of our Legal Ethics is the Code Professional
Responsibility.
It was originally drafted in 1980 by the IBP Committee on
Responsibility, Discipline and Disbarment. It was promulgated
on June 21, 1988.
Definition of Terms
Q: What is a Bar?
A: It refers to the whole body of attorneys and counselors
They are the members of the legal profession.
It refers to the collectivity of persons whose names appear in
the Roll of Attorneys.
Q: What is the Bench?
A: It is the whole body of judges.
Q: What is bar admission?
A: It is the act by which one is licensed to practice before
courts of a particular state or jurisdiction after satisfying
certain requirements:
a. Bar examinationsb. Period of residencyc. Admission on grounds of reciprocity after period of
years as member of the bar
Q: Who is a lawyer?
A: It refers to a person trained in the law and authorized to
advise or represent others in legal matters.
It is a person licensed to practice law.
Q: Who is a trial lawyer?
A: He is one who personally handles cases in court
administrative agencies or boards which means engaging in
actual trial work.
Q: Who is a practicing lawyer?
A: He is one engaged in the practice of law.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 2UNIVERSITY OF SANTO TOM
Q: What do you mean by practice of law?
A: It is any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training, and
experience.
NOTE: All trial lawyers are practicing lawyers, but not all
practicing lawyers are trial lawyers.
Q: Who is a client?
A: He is one who engages the services of a lawyer for legal
advice or for purpose of prosecuting or defending a suit in his
behalf and usually for a fee.
Q: Who are attorneys-at-law?
A: They are those who are by license, officers of the courts,
empowered to appear, prosecute and defend, and upon
whom the peculiar duties, responsibilities and liabilities are
developed by law as a consequence.
NOTE: It is synonymous with counselor-at-law, lawyer,
attorney, counsel, abogado and boceros.
Alawi v. Alauya
Q: Is an officer of the Sharia Court entitled to the use of the
title lawyer?
A: No. Persons who pass the Sharia Bar are not full -fledged
members of the Philippine Bar.
The title of attorney is reserved to those who, having
obtained the necessary degree in the stufdy of law and
successfully taken the Bar Examinations, have been admitted
to the IBP.
Q: Who is an attorney-in-fact?
A: He is simply an agent whose authority is strictly limited by
the instrument appointing him.
His authority is provided in a special power of attorney or
general power of attorney. He is not necessarily a lawyer.
Q: What is counsel de officio?
A: He is a counsel, appointed or assigned by the court, from
among such members of the bar in good standing who, by
reason of their experience and ability, may adequately
defend the accused.
He need not be a lawyer. In localities where members of the
bar are not available, the court may appoint any person,
resident of the province and of good repute for probity and
ability, to defend the accused.
Q: What is an attorney ad hoc?
A: A person named and appointed by the court to defend an
absentee defendant in the suit which the appointment is
made.
Q: Who is an Attorney of Record?
A: He is an attorney whose name must appear somewhere in
permanent records or files of case, or on the pleadings o
some instrument filed in the case, or on appearance docket
Person whom the client has named as his agent upon whom
the service of papers may be made.
Q: What is an of counsel?
A: They are associate lawyers.
Q: Who is the Lead counsel?
A: He is the one charged with the principal management and
direction of partys case. He is the chief or primary attorney in
class action or multi-district litigation.
Q: Who is a House Counsel?
A: He is a lawyer who acts as attorney for business though
carried as an employee of that business and not an
independent lawyer. Such lawyer advises business on day to
day matters.
Q: Who is an amicus curiae?
A: He is a friend of the court. A person with strong interest in
or views on the subject matter of an action, but not a party to
the action, may petition the court for permission to file a
brief. Such brief are commonly filed in appeals concerning
matters of a broad public interest.
NOTE: It merely acts s consultant to guide the court in a
doubtful question or issue pending before it. He serves
without compensation.
Q: What is amicus curiae par excellence?
A: They are bar associations who appear in court as amicus
curiae.
Commission on Bar Discipline (CBD)
The CBD is the investigating arm of the SC on administrative
matters involving disbarment case against lawyers.
Q: Who is n advocate?
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 3UNIVERSITY OF SANTO TOM
A: It is a lawyer who pleads on behalf of someone else. He
pleads the cause of another before a tribunal or judicial court.
He is a counselor.
Q: Who is a barrister?
A: He is a person entitled to practice law as an advocate or
counsel in superior courts.
Q: Who is a Solicitor?
A: In the Philippines, he is a government lawyer attached with
the Office of the Solicitor General.
Integration of the Bar
This is the unification of the entire lawyer population.
It is an official national body of which all lawyers are required
to be members.
Integrated Bar of the Philippines
The IBP is created on January 16, 1973. It is constituted on
May 4, 1973 into a body of corporate by PD No. 181.
Q: What are the objectives of IBP?
A: The following are the general objectives of the Integrated
bar:
1. to elevate the standards of the legal profession,2. to improve the administration of justice; and3. to enable the Bar to discharge its public
responsibilities more effectively.
4. Assist in the administration of justice;5. Foster and maintain, on the part of its members,
high ideals of integrity, learning, professional
competence, public service and conduct;
6. Safeguard the professional interests of its members;7. Cultivate among its members a spirit of cordiality
and brotherhood;
8. Provide a forum for the discussion of law,jurisprudence, law reform, pleading, practice and
procedure, and the relations of the Bar to the Bench
and to the public, and publish information relatingthereto;
9. Encourage and foster legal education; and10. Promote a continuing program of legal research in
substantive and adjective law, and make reports and
recommendations thereon.
Membership in the IBP Chapter
A lawyer does not automatically become a member of the IBP
chapter where he resides or works after becoming a full-
fledged member of the IBP. He has discretion to choose the
IBP Chapter he wants to join.
There is no such thing retirement as retirement in the IBP as
understood in labor law.
IBP is a Non-Political Bar
The Integrated Bar shall be strictly non-political, and every
activity tending to impair this basic feature is strictly
prohibited and shall be penalized accordingly. No lawyer
holding an elective, judicial, quasi-judicial or prosecutory
office in the Government or any political subdivision or
instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or any
Chapter thereof. A Delegate, Governor, Officer or employee
of the Integrated Bar, or an officer or employee of any
Chapter thereof shall be considered ipso facto resigned from
his position as of the moment he files his certificate of
candidacy for any elective public office or accepts
appointment to any judicial, quasi judicial, or prosecutory
office in the Government or any political subdivision orinstrumentality thereof(Section 13 of Rule 139-A).
Q: When was the IBP constituted as a body corporate?
A: On May 4, 1973.
Positions in the IBP are honorary
Except as may be specifically authorized or allowed by the
Supreme Court, no Delegate or Governor and no national or
local Officer or committee member shall receive any
compensation, allowance or emolument from the funds of
the Integrated Bar for any service rendered therein or be
entitled to reimbursement for any expense incurred in the
discharge of his functions (Section 14).
Voluntary Bar Associations
All voluntary Bar associations now existing or which may
hereafter be formed may co-exist with the Integrated Bar but
shall not operate at cross-purposes therewith.
Membership as mandatory
Membership in the National IBP is mandatory.
IBP as the investigating arm of the SC in investigating
disbarment cases
Q: Does the IBP have the power to suspend or disbar?
A: No. The recommendations of the IBP are subject to appea
to the SC which alone has the prerogative to disbar.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 4UNIVERSITY OF SANTO TOM
Admission to the practice of law
Power to admit to practice is vested in the Supreme Court.
Q: What are the basic requirements for all applicants for
admission to the bar?
A: Every applicant for admission as a member of the bar:
a. must be a citizen of the Philippines,b. at least twenty-one years of age,c. of good moral character, andd. a resident of the Philippines; ande. must produce before the Supreme Court satisfactory
evidence of good moral character, and that no
charges against him, involving moral turpitude, have
been filed or are pending in any court in the
Philippines.
Q: What are the basic requirements for all applicants for
admission to the bar?
A:
Sec. 5 of Rule 138: All applicants for admission shall, before
being admitted to the examination, satisfactorily show that
they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by
the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of
law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless
he has satisfactorily completed the following courses in a law
school or university duly recognized by the government:
a. civil lawb. commercial lawc. remedial lawd. criminal lawe. public and private international lawf. political lawg. labor and social legislationh. medical jurisprudencei. taxation and legal ethics.
Sec. 6. Pre-Law. - No applicant for admission to the bar
examination shall be admitted unless he presents a certificate
that he has satisfied the Secretary of Education that, before
he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or
college, requiring for admission thereto the completion of a
four-year high school course, the course of study prescribed
therein for a bachelor's degree in arts or sciences with any of
the following subjects as major or field of concentration
political science, logic, english, spanish, history and
economics.
NOTE: No particular law school has a monopoly of knowledge
of law.
Good moral character
With regard to the requirement of good moral character, the
candidate must hold and continue to possess it even after he
has been admitted to the legal profession.
Good moral character is not only a condition precedent to
admission to the practice of law, its continued possession is
also essential for remaining in the practice of law.
Practice of law is privilege
NOTE: While the practice of law is a privilege, it has also the
nature of a right.
The practice of law is not property right but a mere privilege.
It is not a natural or constitutional right.
The right to practice of law is not a natural or constitutiona
right but is in the nature of a privilege or franchise. It is
limited to person of good moral character with specia
qualifications duly ascertained and certified.
Practice of law as a right
The lawyer cannot be prevented from practicing law except
for valid reasons as the practice of law is not a matter of
States grace or favor.
Lawyers cannot be prevented from seeing their clients under
detention. Lawyers cannot also be deprived of their license to
practice law without due process. The privilege to practice
law is a right by itself but just like any other rights, it is
subject to limitations.
Who are entitled to practice law
Q: Who may practice law?
A: Any person heretofore duly admitted as a member of thebar, or hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular
standing, is entitled to practice law.
Practice of Law
Practice of law covers any activity, in or out of court, which
requires the application of law, legal procedure, knowledge,
training, and experience.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 5UNIVERSITY OF SANTO TOM
It implies the customary or habitual holding of oneself to the
public as a lawyer and demanding compensation for his legal
services.
Cayetano v. Monsod
Practice of law means any activity, in or out of court, which
requires the application of law, legal procedure, knowledge,
training and experience. "To engage in the practice of law is
to perform those acts which are characteristics of the
profession. Generally, to practice law is to give notice or
render any kind of service, which device or service requires
the use in any degree of legal knowledge or skill."
Interpreted in the light of the various definitions of the term
Practice of law". particularly the modern concept of law
practice, and taking into consideration the liberal
construction intended by the framers of the Constitution,
Atty. Monsod's past work experiences as a lawyer-economist,
a lawyer-manager, a lawyer-entrepreneur of industry, a
lawyer-negotiator of contracts, and a lawyer-legislator of
both the rich and the poor verily more than satisfy theconstitutional requirement that he has been engaged in
the practice of law for at least ten years.
Ulep v. Legal Clinc Inc.
In the practice of his profession, a licensed attorney at law
generally engages in three principal types of professional
activity: legal advice and instructions to clients to inform
them of their rights and obligations, preparation for clients of
documents requiring knowledge of legal principles not
possessed by ordinary layman, and appearance for clients
before public tribunals which possess power and authority to
determine rights of life, liberty, and property according to
law, in order to assist in proper interpretation and
enforcement of law.
Q: What are the basic characteristics of the practice of law?
A:
1. law advocacy is not capital that yields profits;2. it is impressed with public interests for which it is
subject to state regulation;
3. it cannot be assigned or inherited but must beearned;
4. a privilege burdened with conditions;5. habitually and customarily holding ones self to the
public as a lawyer;
6. reserved to those academically trained in law andpossessed good moral character not only at the time
of his admission to bar but even so thereafter; and
7. a profession and not a business as it is essential partin the administration of justice.
Non-lawyers who are authorized to appear in court
GR: Only those who are licensed to practice law can appear
and handle cases in court.
XPN:
1. In cases before the MTCs, a party may conduct hisown case or litigation in person, with the aid of an
agent appointed by him for that purpose;
2. Before any other court, a party may conduct hislitigation personally. But if he authorized someone
to aid him, that someone must be an authorized
member of the bar. He is bound by the same rules in
conducting the trial of his case. He cannot, after
judgment, claim he was not properly represented by
counsel.
LAW STUDENT PRACTICE RULERule 138-A
SECTION 1. Conditions for Student Practice. - A law student
who has successfully completed 3rd year of the regular four
year prescribed law curriculum and is enrolled in a
recognized law school's clinical legal education program
approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the legal clinic of the
law school. chan robles virtual law library
SEC. 2. Appearance. - The appearance of the law student
authorized by this rule, shall be under the direct supervision
and control of a member of the Integrated Bar of the
Philippines duly accredited by the law school. Any and al
pleadings, motions, briefs, memoranda or other papers to
be filed, must be signed by the supervising attorney for and
in behalf of the legal clinic. chan robles virtual law library
The rule however is different if the law student appears
before an inferior court, where the issues and procedure are
relatively simple. In inferior courts, a law student may appea
in his personal capacity without the supervision of a lawyer.
A law student may appear before an inferior court as an
agent or friend of a party without the supervision of a
member of the bar.
Section 34 of Rule 138 is clear that appearance before the
inferior courts by a non-lawyer is allowed, irrespective o
whether or not he is a law student.
Under the Labor Code, non-lawyers may appear before the
NLRC or any Labor Arbiter if:
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 6UNIVERSITY OF SANTO TOM
a. They represent themselves, orb. If they represent their organizations or members
thereof with written authorization of the latter; or
c. They are duly accredited members of any legal aidoffice duly recognized by the DOJ, or the IBP in cases
referred to by the latter.
Q: What is the punishment for persons who pretend to be
lawyers?
A: The unauthorized practice of law by assuming to be an
attorney and acting as such without authority constitutes
direct contempt which is punishable by fine or imprisonment
or both.
NOTE: A suspended lawyer cannot practice law during the
period of his suspension.
PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THEPHILIPPINES
Q: Who are the public officials prohibited to engage in the
private practice of law?
A:
1. Judges and other officials or employees of thesuperior courts;
2. Officials and employees of the OSG;3. Government prosecutors;4. President, Vice-President, Members of the Cabinet,
their deputies and assistants;
5. Members of the Constitutional Commissions;6. Members of the JBC;7. Ombudsman and his deputies;8. All governors, city and municipal mayors; and9. Those who by special law are prohibited from
engaging in the practice of their legal profession.
Q: Who are the public officials with restrictions in the
practice of law?
A: Some public officials are not absolutely disqualified to
practice law. They are merely subject to certain restrictions:
a. No senator or members of the House ofRepresentatives may personally appear as counsel
before any court of justice of before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies;
NOTE: The senator or Congressman is allowed to engage in
other aspects of the law practice such as the giving of legal
advice to clients, negotiating contracts in behalf of clients
which necessitates legal knowledge, preparation of
documents of conveyancing and similar others.
b. Under the LGC, Sangguniang members may practicetheir professions, provided that if they are members
of the Bar, they shall not:
1. Appear as counsel before any court in any civil casewherein he LGU or office, agency, or instrumentality
of the government is the adverse party;
2. Appear as counsel in any criminal case wherein anofficer or employee of the national or loca
government is accused of an offense committed in
relation to his office;
3. Collect any fee for their appearance inadministrative proceedings involving LGU of which
he is an official;
4. Use of property and personnel of the governmentexcept when the sangguniang member concerned is
defending the interest of the government.
c. Retired justice or judge receiving pension from thegovernment, cannot act as counsel in any civil casein which the government or any of its subdivisions o
agencies is the adverse party or in a criminal case
wherein an officer or employee of the government is
accused of an offense in relation to his office.
Q: May a lawyer who has lost his Filipino citizenship stil
practice law in the Philippines?
A: GR: The Constitution provides that the practice of al
professions in the Philippines shall be limited to Filipino
citizens save in cases prescribed by law. Since Filipino
citizenship is a requirement for admission to the bar, loss
thereof terminates membership in the Philippine bar and
consequently, the privilege to engage in the practice of law
In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the
Philippines. The practice of law is a privilege denied to
foreigners.
XPN: When Filipino citizenship is lost by reason o
naturalization as a citizen of another country but
subsequently reacquired pursuant to RA 9225. This is because
all Philippine citizens who become citizens of another
country shall be deemed not to have lost their Philippinecitizenship under the conditions of [RA 9225]. Therefore, a
Filipino lawyer who becomes a citizen of another country is
deemed never to have lost his Philippine citizenship if he
reacquires it in accordance with RA 9225. Although he is also
deemed never to have terminated his membership in the
Philippine bar, no automatic right to resume law practice
accrues.
Under RA 9225, if a person intends to practice the lega
profession in the Philippines and he reacquires his Filipino
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 7UNIVERSITY OF SANTO TOM
citizenship pursuant to its provisions (he) shall apply with
the proper authority for a license or permit to engage in such
practice. Stated otherwise, before a lawyer who reacquires
Filipino citizenship pursuant to RA 9225 can resume his law
practice, he must first secure from this Court the authority
to do so, conditioned on:
a. the updating and payment in full of the annualmembership dues in the IBP;
b. the payment of professional tax;c. the completion of at least 36 credit hours of
mandatory continuing legal education; this is
especially significant to refresh the
applicant/petitioners knowledge of Philippine laws
and update him of legal developments and
d. the retaking of the lawyers oath which will not onlyremind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew
his pledge to maintain allegiance to the Republic of
the Philippines.
BACKGROUND OF CODE OF PROFESSIONAL RESPONSIBILITY(CPR)
The CPR is the principal source and basis of the rule of ethics
for members of the bar who do not belong to the judiciary.
For judges and justices, it is the Code of Judicial Ethics.
The CPR applies to lawyers in the government service except
the magistrates.
Q: When was the CPR promulgated?
A: On June 21, 1988.
NOTE: The CPR is based on the Canons of Professional Ethics
of the American Bar Association.
SC not predisposed to grant full independence to the IBP CPR is binding on all lawyers. Violation thereof is a
ground for disciplinary action.
DUTIES OF ATTORNEYS UNDER THE RRC
Q: What are the duties of an attorney?
A: Sec. 20. Duties of attorneys. - It is the duty of an
attorney:
a. To maintain allegiance to the Republic of thePhilippines and to support the Constitution and obey
the laws of the Philippines;
b. To observe and maintain the respect due to thecourts of justice and judicial officers;
c. To counsel or maintain such actions or proceedingsonly as appear to him to be just, and such defenses
only as he believes to be honestly debatable under
the law;
d. To employ, for the purpose of maintaining thecauses confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice
or false statement of fact or law;
e. To maintain inviolate the confidence, and at everyperil to himself, to preserve the secrets of his client,
and to accept no compensation in connection with
his client's business except from him or with his
knowledge and approval;
f. To abstain from all offensive personality and toadvance no fact prejudicial to the honor or
reputation of a party or witness, unless required by
the justice of the cause with which he is charged;
g. Not to encourage either the commencement or thecontinuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
h. Never to reject, for any consideration personal tohimself, the cause of the defenseless or oppressed;
i. In the defense of a person accused of crime, by alfair and honorable means, regardless of his persona
opinion as to the guilt of the accused, to present
every defense that the law permits, to the end that
no person may be deprived of life or liberty, but by
due process of law.
NATURE OF THE POSITION OF AN ATTORNEY
Q: What is the nature of the position of an attorney as an
officer of the court?
A: He is considered as a public officer occupying a quasi-
judicial office. He is considered as an officer of the court. He
directly participates in the administration of justice. Through
him, the judicial machinery is set in motion by his filing of
cases in court on which the judge is called upon to act. His
participation in the dispensation of justice is indispensable. Ifthere are no lawyers, courts cannot operate to dispense
justice. His intimate and indispensable relationship to the
court makes him part of the court.
Q: What is the nature of the legal profession?
A: It is a form of public service or public trust intimately
related to the administration of justice, in the practice of
which pecuniary rewards are considered as merely incidental
It is a priesthood of justice.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 8UNIVERSITY OF SANTO TOM
It is a profession and not a business as it is essential part in
the administration of justice. It is a pursuit of learned art in
the interest of public service.
CODE OF PROFESSIONAL RESPONSIBILITY
CHAPTER I- THE LAWYER AND SOCIETY
CANON 1
The lawyers oath
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or
willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man
for money or malice, and will conduct myself as a lawyeraccording to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I
impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
Lawyers primary duty to society or state. It is the lawyers
primary duty to society or state to uphold the Constitution,
obey the laws of the land and promote respect of law and
legal processes.
Lawyers oath is a sacred trust, not a mere ceremony. It is not
a mere ceremony or formality for practicing law to be
forgotten afterwards. It is a sacred trust that lawyers must
uphold and keep inviolable at all times.
Lawyers oath imposes upon every lawyer the duty to delay
no man for money or malice.
Lawyers will be disciplined for disobeying legal orders or
processes of courts.
Willful disregard thereof may subject the lawyer not only to
punishment for contempt but to disciplinary sanctions as
well.
A lawyer who issued bouncing checks violates the law and is
subject to disbarment or suspension.
Q: What is the significance of lawyers oath?
A: By swearing the lawyers oath, an attorney becomes a
guardian of truth and rule of law and an indispensable
instrument in the fair and impartial administration of justice.
Q: What is the effect of failure to take the attorneys oath?
A: He will not be admitted to the Bar without having actually
taken his oath of office as an attorney.
NOTE: Oath alone will not make a bar passer a full-fledged
member of the bar. A board passer must not only take his
oath as a member of the Bar, but he must also sign the Roll of
Attorneys.
RULE 1.01
Lawyer must constantly be of good moral character.
Q: What are the purposes of the requirement for good
moral character?
A:
1. To protect the public;2. The protection of the public image of lawyers; and3. To protect prospective clients.4. To protect errant lawyers from themselves.
Unlawful acts or violation of laws
Being a lawyer, he is supposed to be a model in the
community in so far as respect to the law is concerned.
Q: What are the unlawful acts or violation of laws?
A:
1. Promoting an organization designed to violate orevade the laws against crime with knowledge of its
aims;
2. A lawyer who purchase opium although the sale wasnot consummated because he was robbed of the
purchase price by the vendors;
3. A lawyer who engineered the a scheme to defraudanother person;
4. Transgression of any provision of law by a lawyer is arepulsive and reprehensible act which the court wil
not countenance; and
5. A lawyer who after barrowing court records stoleexhibits by tearing them off.
NOTE: The law violated need not be a penal law.
Q: What is an unlawful conduct?
A: It includes violation of the statutory prohibition on a
government employee to engage in the private practice of his
profession unless authorized by the Constitution or law.
Q: What are the offenses involving moral turpitude?
A:
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 9UNIVERSITY OF SANTO TOM
1. Estafa2. Bribery3. Murder4. Bigamy5. Seduction6. Abduction7. Concubinage8. Smuggling9. Falsification of public document10. Violation of BP 22
Honesty is still the lawyers best virtue.
Q: What is Morality?
A: It is that quality of human act whereby it measures up to
what it should be as a step towards the objective last end of
human action, or fails so to measure up.
Q: What is immorality?
A: It is the doing of an act which is contrary to conscience.
Morality as understood in law
This is human standard based on the natural moral law which
is embodied in mans conscience and which guides him to do
good and avoid evil.
Q: What is moral turpitude?
A: It includes everything which is done contrary to justice,
honesty, modesty or good morals.
Q: What is immoral conduct?
A: It is that conduct which is willful, flagrant, or shameless
and which shows a moral indifference to the opinion of the
good and respectable members of the community.
It is not confined to sexual conduct.
NOTE: Morality must be a lasting virtue. Lawyers are
expected to abide by the tenets of morality not only upon
admission to the bar but also throughout their legal career,
in order to maintain ones good standing in that exclusive andhonored fraternity.
Good moral character is more than just the absence of bad
character.
Q: What is the difference between moral character and
good reputation?
A: Moral character is what a person really is as distinguished
from good reputation or from the opinion generally
entertained of him, or the estimate in which he is held by the
public in the place where is known. The former is not a
subjective term but one which corresponds to objective
reality.
NOTE: Psychological incapacity of a lawyer does not
necessarily make him an unfit member of the bar.
Q: Cite instances of gross immorality.
A: For immorality to be a ground for disciplinary action, it
must not only be merely immoral but also grossly immoral:
1. Abandonment of wife and cohabitating with anotherwoman
2. Bigamy3. A lawyer who had carnal knowledge with a woman
through a promise of marriage which he did not
fulfill
4. Seduction of a woman who is the niece of marriedwoman with whom the lawyer had adulterous
relations5. Delivering bribe money to a judge on a request of
clients
6. Lawyer taking advantage of his position as chairmanof the college of medicine and asked a lady student
to go with him in Manila where he had carna
knowledge of her under threat
RULE 1.02
Defiance of the law shall not be abetted, nor acts lessening
confidence in the legal system.
Respect for the law is gravely eroded when lawyers
themselves engage in unlawful practices and brush aside the
rules of the IBP formulated for their observance.
Preparation of a document contrary to law and morals is
malpractice.
Q: What are the acts which corrode confidence in the legal
system?
A: All acts of lawyers which are unlawful, dishonest, immora
or deceitful corrode public confidence in the legal system
Hence, lawyers must always conduct themselves in accordwith the immutable tenets embodied in the lawyers oath and
the rules of legal ethics.
RULE 1.03
It is the duty of an attorney not to encourage either the
commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt
motive or interest.
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Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 10UNIVERSITY OF SANTO TOM
Obligation not to encourage suits
Lawyers owe it to the court and to society not to stir up
litigations.
This is to prevent barratry and ambulance chasing.
Barratry
Q: What is barratry?
A: It is the offense of frequently exciting and stirring up
quarrels and suits, either at law or otherwise. It is the act of
Fermenting suits among individuals and offering his legal
services to one of them for monetary motives or purposes.
Ambulance chasing
It is the lawyers act of chasing an ambulance carrying the
victim of an accident for the purpose of talking to the said
victim or relatives and offering his legal services for the filing
of a case against the person who caused the accident.
Q: What are the evils spawned by ambulance chasing?
A:
1. Fomenting of litigation with resulting burdens on thecourts and the public;
2. Subordination of perjury;3. Mulcting of innocent persons by judgments upon
manufactured causes of actions; and
4. Defrauding of injured persons having proper causesof action but ignorant of legal rights and court
procedure by means of contracts which retain
exorbitant percentages of recovery and illegal
charges for court costs and expenses and by
settlement made for quick returns of fees and
against the just rights of the injured persons.
GR: It is unprofessional for a lawyer to volunteer advice to
bring lawsuit.
XPN: In rare cases where ties of blood, relationship or trust
make it his duty to do so.
Lawyers must not file pointless petitions that only add to theworkload of the judiciary.
Lawyer should not be an instigator of controversy but a
mediator for concord and conciliator for compromise.
Delaying any mans cause for corrupt motive, condemned.
Appealing for purposes of delay is obstruction of justice.
Q: What is the significance of an attorneys signature on a
pleading?
A: The signature of counsel constitutes a certificate that he
has read the pleading; that to the best of his knowledge
information, and belief there is a good ground to support it
and that it is not interposed for delay.
Q: What are the instances of delay condemned by the SC?
A:
1. Resort to technicalities as a means to frustratejustice;
2. Befuddling of the issues in the case by counsel whichinvariably will be exposed for what they are;
3. Filing of multiple or repetitious petitions;4. Filing of several actions covering the same subject
matter or seeking substantially identical relief;
5. Filing of frivolous appeals for purposes of delay;6. Fling of motions for postponement and other kinds
of motions for dilatory purposes;7. Indiscriminate fling of suits against a party clearly
intended for harassment; and
8. Delaying cases or services for money.RULE 1.04
Q: What is a compromise agreement?
A: It is such that a party must give up some of the rights he
has, in consideration of the same act on the part of the other
side.
Authority of a lawyer to bind clients
Sec. 23. Authority of attorneys to bind clients. - Attorneys
have authority to bind their clients in any case by any
agreement in relation thereto made in writing, and in taking
appeals, and in all matters of ordinary judicial procedure. But
they cannot, without special authority, compromise their
client's litigation, or receive anything in discharge of a
client's claim but the full amount in cash.
Settlement of cases authorized and encouraged by law. The
law does not limit compromise to cases about to be filed o
cases already pending in courts. That compromise which maybe effected even after final judgment is impliedly allowed by
Article 2040.
Lawyer must encourage fair settlement.
Attorneys fees not ground for disapproval of compromise.
The rights of lawyers to the fees due them for services in
litigation cannot have a higher standing than the rights of the
clients or the parties themselves.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 11UNIVERSITY OF SANTO TOM
Lawyer cannot compromise case without clients consent
A lawyer cannot, without special authority, compromise his
clients litigation or receive anything in discharge of the
clients claim but the full amount in cash.
Q: What is the effect of compromise entered into without
the authority of the client?
A: A compromise entered into without authority is merely
unenforceable. It can be ratified by the c lient.
However, a lawyer has the exclusive management of
the procedural aspectof the litigation including the
enforcement of the rights and remedies of their client. Thus,
when the case was submitted for decision on the evidence so
far presented, the counsel for private respondents acted
within the scope of his authority as agent and lawyer in
negotiating for favorable terms for his clients
CANON 2
RULE 2.01
Q: Who are the defenseless?
A: They are those who are not in a position to defend
themselves due to poverty, weakness, ignorance or other
similar reasons.
The oppressed are the victims of acts of cruelty, unlawful
exaction domination or excessive use of authority.
A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct
governing his relation with paying client.
Legal aid is not a matter of charity but a public responsibility.
Legal aid is a matter of public responsibility. It is not a matter
of charity. It is a means for the correction of social imbalance
that may and often do lead to injustice.
RULE 2.02
In case of non-acceptance of the case of the defenseless or
oppressed, legal advice should still be rendered to safeguard
their rights.
If he could not handle the case of defenseless or oppressed
persons, he must not refuse to provide them with immediate
legal advice necessary to protect their rights.
RULE 2.03
The practice of law is a profession not a money-making trade.
The protection of the weak and the powerless is the highest
form of public service that a lawyer could render.
Q: What are the primary characteristics which distinguish
the legal profession from business?
A: Primary characteristics which distinguish the lega
profession from business are:
1. A duty of public service, of which the emolument isa byproduct, and in which one may attain the
highest eminence without making much money.
2. A relation as an "officer of court" to theadministration of justice involving thorough
sincerity, integrity, and reliability.
3. A relation to clients in the highest degree fiduciary.4. A relation to colleagues at the bar characterized by
candor, fairness, and unwillingness to resort to
current business methods of advertising and
encroachment on their practice, or dealing directlywith their clients.
Hence, improper solicitation of legal business is prohibited.
Advertisement lowers the standards of the profession.
Q: When is solicitation of legal business permissible?
A: For solicitation to be proper, it must be compatible with
the dignity of the legal profession. If made in a modest and
decorous manner, it would bring no injury to the lawyer or to
the bar.
Even the use of calling cards with a formal picture is now
acceptable.
Modest announcements in newspapers, periodicals o
magazines about the opening of a law office or law firm
stating the names of the lawyers and the address of the office
or firm is not improper.
Still, the best advertisement for a lawyer is a well-deserved
reputation for competence, honesty and fidelity to private
trust and public duty.
Rule 2.04
To avoid any demeaning and degrading competition, lawyers
as much as possible should be in unison in respecting such
custom or tradition.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 12UNIVERSITY OF SANTO TOM
CANON 3
A lawyer may make known his legal services.
RULE 3.01
Self-praises or false claims on qualifications or quality of legal
services is unethical.
RULE 3.02
Q: What name shall not be included in a firm name?
A: No false name or misleading or assumed name shall be
used in the firm name adopted. No name not belonging to
any of the partners or associates may be used in the firm
name for any purpose.
The rule in Sycip is that law partnerships are prohibited from
continuing their business under firm names that include the
names of the deceased partners.
However, under the new Rule, partnerships are allowed the
continued use of the name of a deceased partner provided
that there is an indication that said partner is already
deceased.
The purpose of retaining the name of a deceased partner is to
maintain the clients who have been provided legal services by
the law firm.
While the firm benefits from the good will attached to the
personality of the deceased partner, that motivation is
legitimate.
Name of a partner in law firm should be dropped if appointed
as judge since he is no longer allowed to practice law.
The use of the firm name of a foreign law firm is unethical.
NOTE: The main law office and branch office do not
constitute 2 law firms.
Q: What is the effect of death of a partner to the client-
lawyer relationship with the law firm?
A: It does not extinguish such relationship.
Q: What is the effect of the negligence of a member in the
law firm?
A: It is negligence of the firm.
RULE 3.03
GR: Name of a partner should be dropped from the firm
name when he accepts public office.
XPN: If the law allows him to practice law concurrently while
holding the position such as a Sanggunian member who is
allowed to practice law subject to certain restrictions.
This is to prevent the law firm or partners from making use of
the name of the public official to attract legal business and to
avoid suspicion of undue influence.
RULE 3.04
Seeking publicity is prohibited. A lawyer who seeks publicity
to attract legal business is debasing the legal profession
especially so, if he pays something of value for it.
Canon 27 of the Code of Professional Ethics
Advertising, direct or indirect
It is unprofessional to solicit professional employment by
circulars, advertisements, through touters, or by persona
communications or interviews not warranted by persona
relations. Indirect advertisements for professiona
employment such as furnishing or inspiring newspape
comments, or procuring his photograph to be published in
connection with causes in which the lawyer has been or is
engaged or concerning the manner of their conduct, the
magnitude of the interest involved, the importance of the
lawyer's position, and all other like-laudation, offend the
traditions and lower the tone of our profession and are
reprehensible; but the customary use of simple professiona
cards is not improper.
The most worthy and effective advertisement possible, even
for young lawyer is the establishment of a well-merited
reputation for professional capacity and fidelity to trust.
CANON 4
Improvement of the legal system
Lawyers should contribute to the enhancement of thesystem.
The improvement of the administration of justice is a duty
that falls on the shoulders of every Filipino.
Yet, it is the lawyers who should be in the forefront of this
endeavor as they are the best trained and learned in the law
The fair administration of justice is not a stranger to them
being a daily companion.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 13UNIVERSITY OF SANTO TOM
This responsibility flows from a lawyers sense of his public
responsibility.
CANON 5
Lawyers must update themselves with the law and must
participate in the dissemination thereof.
In line with this, the following are the objectives of IBP:
1. Elevate the standards of the legal profession;2. Improve the administration of justice; and3. To enable the bar to discharge its public
responsibility.
Also, judges must keep abreast of the laws, rulings and
doctrines of the Supreme Court.
Legal education does not stop with the lawyers admission to
the bar.
NOTE: Once a person becomes a lawyer, he incurs 3-foldobligation:
1. Continue improving his knowledge of the law;2. To take an active interest in the maintenance of high
standards of legal education; and
3. To lay public to make the law part of their socialconsciousness.
The IBP has the following obligations:
1. Encourage and foster legal education;2. Devise and maintain a program of continuing legal
education for practicing attorneys in order to elevate
the standards of the profession throughout the
country;
3. Conduct campaigns to educate the people on theirlegal rights and obligations, on the importance of
preventive legal service, and on the true functions of
the Filipino lawyer.
Lawyers must take active part and not just be passive
onlookers or listeners in the pursuit for continuing legal
education programs.
Mandatory Continuing Legal Education (MCLE)
The MCLE program is to keep the lawyers abreast with law
and jurisprudence.
Lawyers are required to complete every 3 years at least 36
hours of continuing legal education on specified subjects.
CANON 6
The CPR shall govern the acts of all lawyers including those in
the service of the government like the OSG.
Lawyers who are incumbent judges and magistrates shall be
governed in the performance of their official functions by the
Code of Judicial Conduct.
Q: Who are public officials?
A: They include elective and appointive officials and
employees, permanent or temporary, whether in the career
or non-career service, including military and police
personnel, whether or not they receive compensation
regardless of amount.
The law requires the observance of the following norms of
conduct by every public official in the discharge and
execution of their official duties:
a. Commitment to public interest. - Public officials andemployees shall always uphold the public interest over
and above personal interest. All government resources
and powers of their respective offices must be employed
and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public
funds and revenues.
b. Professionalism. - Public officials and employees shalperform and discharge their duties with the highest
degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost devotion
and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers
or peddlers of undue patronage.
c. Justness and sincerity. - Public officials and employeesshall remain true to the people at all times. They must
act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the
underprivileged. They shall at all times respect the rights
of others, and shall refrain from doing acts contrary to
law, good morals, good customs, public policy, public
order, public safety and public interest. They shall not
dispense or extend undue favors on account of their
office to their relatives whether by consanguinity o
affinity except with respect to appointments of suchrelatives to positions considered strictly confidential or as
members of their personal staff whose terms are
coterminous with theirs.
d. Political neutrality. - Public officials and employees shalprovide service to everyone without unfair discrimination
and regardless of party affiliation or preference.
e. Responsiveness to the public. - Public officials andemployees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise
provided by law or when required by the public interest
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 14UNIVERSITY OF SANTO TOM
public officials and employees shall provide information
of their policies and procedures in clear and
understandable language, ensure openness of
information, public consultations and hearings whenever
appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape
and develop an understanding and appreciation of the
socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
f. Nationalism and patriotism. - Public officials andemployees shall at all times be loyal to the Republic and
to the Filipino people, promote the use of locally
produced goods, resources and technology and
encourage appreciation and pride of country and people.
They shall endeavor to maintain and defend Philippine
sovereignty against foreign intrusion.
g. Commitment to democracy. - Public officials andemployees shall commit themselves to the democratic
way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of
civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country aboveloyalty to persons or party.
h. Simple living. - Public officials and employees and theirfamilies shall lead modest lives appropriate to their
positions and income. They shall not indulge in
extravagant or ostentatious display of wealth in any
form.
NOTE: Misconduct in office as public official may be a ground
for disciplinary action.
RULE 6.01
Q: What is the primary duty of a prosecutor?
A: A prosecutor is a quasi-judicial officer and thus should seek
equal and impartial justice. He should be as much concerned
with seeing that no innocent man suffers as in being that no
guilty man escapes.
US v. Barredo
We agree with the contentions of counsel that a
conscientious prosecuting official, whose investigations have
satisfied him as to the innocence of persons charged with the
commission of crime, should not institute criminalproceedings against such persons. But we are of the opinion
that in the event that criminal proceedings have been
instituted, and the investigations of the provincial fiscal
have satisfied him that the accused person is innocent, or
that evidence sufficient to secure conviction will not be
forthcoming at the trial despite the exercise of due diligence
to that end, it then becomes his duty to advise the court
wherein the proceedings are pending as to the result of his
investigations, and to move the court to dismiss the
proceedings, leaving it to the court to take such action as may
be proper in the premises. In this jurisdiction provincial fiscals
are not clothed with power, without the content of court, to
dismiss or dicit nolle prosequi criminal actions actually
instituted, and pending further proceedings. The power to
dismiss is vested solely in the courts, that is to say in the
presiding judge thereof.
NOTE: It is highly reprehensible for a prosecutor to suppress
facts capable of establishing the innocence of the accused.
A public prosecutor should recommend the acquittal of the
accused whose conviction is on appeal, if he finds no lega
basis to sustain the conviction.
RULE 6.02
The Code is equally applicable to lawyers in the government
service. Government lawyers, who are public servants owe
utmost fidelity to the public service.
Public officials are required to uphold public interest over and
above personal interest; must discharge their duties with thehighest degree of excellence, professionalism, intelligence
and skill.
Promotion of private interest is prohibited.
GR: Misconduct in the discharge of official duties as
government official is generally no disciplinable.
XPN: If the misconduct of a government official is such a
character as to effect his qualification as a lawyer or to show
moral delinquency, then he may be disciplined as a membe
of the Bar upon such ground.
NOTE: A government lawyer should not refuse to perform a
duty.
RULE 6.03
Restrictions against government lawyers who left the
services
A government lawyer may leave the government service in
various ways: retirement, resignation, expiration of the term
of office, dismissal or abandonment. In such cases, he is
prohibited from accepting engagement or employment inconnection with any matter in which he had intervened while
in service.
R.A. No. 3019
Section 3.Corrupt practices of public officers. In addition to
acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices
of any public officer and are hereby declared to be unlawful:
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Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 15UNIVERSITY OF SANTO TOM
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending official
business with him during the pendency thereof or within one
year after its termination.
Accordingly, any violation of restriction is tantamount to
representing conflicting interests.
Q: What is adverse-interest conflicts?
A: Adverse-interest conflicts exist where the matter in
which the former government lawyer represents a client in
private practice is substantially related to a matter that the
lawyer dealt with while employed by the government and the
interests of the current and former are adverse.
Q: What is congruent-interest conflicts?
A: On the other hand, congruent-interest representation
conflicts are unique to government lawyers and apply
primarily to former government lawyers.
Q: What is the basis for such disqualification?
A:The rationale for disqualification is rooted in a concern that
the government lawyers largely discretionary actions would
be influenced by the temptation to take action on behalf of
the government client that later could be to the advantage of
parties who might later become private practice clients.
CHAPTER II-THE LAWYER AND THE LEGAL PROFESSION
CANON 7
RULE 7.01
Q: What are the requirements for all applicants for
admission to the bar?
A: Every applicant for admission as a member of the bar
must:
a. Must be a citizen of the Philippines;b. At least 21-years of age;c. Of good moral character;d. A resident of the Philippines; ande. Must produce before the SC satisfactory evidence of
good moral character, and that no charges against
him, involving moral turpitude, have been filed or
are pending in any court in the Philippines (Sec. 2,
Rule 138).
Section 4. Requirements for applicants from other
jurisdictions. Applicants for admission who, being Filipino
citizens, are enrolled attorneys in good standing in the
Supreme Court of the United States or in any circuit court of
appeals or district court therein, or in the highest court of any
State or Territory of the United States, and who can show by
satisfactory certificates that they have practiced at least five
years in any of said courts, that such practice began before
July 4, 1946, and that they have never been suspended o
disbarred, may, in the discretion of the Court, be admitted
without examination.
Section 5.Additional requirements for other applicants. Al
applicants for admission other than those referred to in the
two preceding section shall, before being admitted to the
examination, satisfactorily show that they have regularly
studied law for four years, and successfully completed al
prescribed courses, in a law school or university, officially
approved and recognized by the Secretary of Education. The
affidavit of the candidate, accompanied by a certificate from
the university or school of law, shall be filed as evidence o
such facts, and further evidence may be required by the
court.
No applicant shall be admitted to the bar examinations unless
he has satisfactorily completed the following courses in a lawschool or university duly recognized by the government: civi
law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and socia
legislation, medical jurisprudence, taxation and legal ethics.
Knowingly making a false statement or suppression of a
material fact in the application for admission to the bar
If the false statement or suppression of material is discovered
before the candidate could take the bar examinations, he wil
be denied permission to take the examinations.
If the discovery was made after the candidate had taken his
oath as a lawyer, his name will be stricken from the rolls of
attorneys.
Q: What is the effect if what is concealed is a crime not
involving moral turpitude?
A: Such concealment nevertheless will be taken against him
It is the fact of concealment and not the commission of the
crime itself that makes him morally unfit to become a
lawyer. When he made a concealment, he perpetrated
perjury.
Prohibition against candidates
Section 13. Disciplinary measures. No candidate shal
endeavor to influence any member of the committee, and
during examination the candidates shall not communicate
with each other nor shall they give or receive any assistance
The candidate who violates this provisions, or any othe
provision of this rule, shall be barred from the examination,
and the same to count as a failure against him, and further
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 16UNIVERSITY OF SANTO TOM
disciplinary action, including permanent disqualification, may
be taken in the discretion of the court.
RULE 7.02
Lawyer shall not support for admission to the bar of an
unqualified candidate.
As the public is vitally interested in the rectitude of attorneys,
any person is permitted to oppose an application for
admission by urging the moral disqualification of the
applicant.
A lawyer should aid in guarding the Bar against admission to
the profession of candidates unfit or unqualified for being
deficient in either moral character or education.
Section 27. Attorneys removed or suspended by Supreme
Court on what grounds. A member of the bar may be
removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or byreason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required to take
before the admission to practice, or for a wilfull disobedience
of any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for
the purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice.
RULE 7.03
A lawyer must at all times conduct himself properly as not to
put into question his fitness to practice law.
A lawyer should maintain the standard of moral fitness
required of him when he applied for admission to the Bar.
The moral turpitude for which an attorney may be disbarred
may consist of misconduct in either his professional or non-
professional activities.
A lawyer must always conduct himself with great propriety.
He must behave himself as to avoid scandalizing the public by
creating the belief that he is flouting these moral standards.
A lawyer shall stand as a shield in defense of right and in thewarding off wrong.
CANON 8
Lawyers must conduct themselves honorably, fairly and
candidly toward each other. Respect generates respect.
Q: State some instances of lack of candor (honesty).
A:
1. Misquoting the contents of paper, testimony of awitness, the language or the argument of opposing
counsel; or the language of the decision or a
textbook; or
2. With knowledge of its invalidity, to cite as authoritya decision that has been overruled or a statute that
has been repealed, or in the argument to assert as a
fact that which has not been proved, or in those
jurisdictions where a side has the opening and
closing arguments where a side has the opening and
closing arguments to mislead his opponent by
concealing or withholding positions in his opening
argument upon which his side then intends to rely.
3. Offering an evidence which he knows the courtshould reject;
4. Introducing into an argument, addressed to thecourt, remarks or statements intended to influence
the bystanders.
RULE 8.01
Abusive and offensive language has no place in pleadings. It is
contemptuous.
Q: What is the language to be used in the practice of law?
A: It should be dignified, emphatic but respectful as befitting
an advocate and in keeping with the dignity of the lega
profession.
It should be gracious to both the court and opposing counse
and be of such words as may be properly addressed by some
gentleman to another.
NOTE: Court may expunge improper language from the
records.
Any kind of language which attacks without foundation the
integrity of opposing counsel or the dignity of the court may
be stricken off the records or may subject a lawyer to
disciplinary action.
Want of intention is not an excuse for the disrespectfu
language used. Counsel cannot escape responsibility byclaiming that his words did not mean what any reader must
have understood them as meaning.
When strong language used is justified
RULE 8.02
A lawyer should not steal anothers client. It is highly
unethical for a lawyer to exert efforts directly or indirectly to
encroach upon the professional employment of another.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 17UNIVERSITY OF SANTO TOM
Competition among attorneys is contrary to the long
established etiquette of the legal profession. No self-
respecting practitioner will ever voluntarily tender his
services in pending matter then being conducted by other
counsel, and will not obtrude criticism on acts of a partys
attorney.
There is no encroachment when previous lawyer has already
dismissed.
Lawyer shall not negotiate with the opposite party who is
represented by a counsel.
Lawyer may however interview any witness or prospective
witness for the opposite side.
Advice and assistance to victims of unfaithful and neglectful
counsel is proper.
CANON 9
Unauthorized practice of law
Unauthorized practice of law is committed when a person not
a lawyer to be one and performs acts which are exclusive to
members of the bar.
Section 21.Authority of attorney to appear. an attorney is
presumed to be properly authorized to represent any cause
in which he appears, and no written power of attorney is
required to authorize him to appear in court for his client, but
the presiding judge may, on motion of either party and on
reasonable grounds therefor being shown, require any
attorney who assumes the right to appear in a case to
produce or prove the authority under which he appears, and
to disclose, whenever pertinent to any issue, the name of the
person who employed him, and may thereupon make such
order as justice requires. An attorneys wilfully appear in
court for a person without being employed, unless by leave
of the court, may be punished for contempt as an officer of
the court who has misbehaved in his official transactions.
Assistance to the unauthorized practice of law is prohibited. A
lawyer shall not assist anyone who is not a member of the barto practice law in this country.
The lawyer who assists in an unauthorized practice of law
whether directly or indirectly is subject to disciplinary action.
RULE 9.01
Delegation of legal work to an unqualified person is
misbehavior.
Public policy demands that legal work in representation of
parties litigant should be entrusted only to those possessing
tested qualifications and who are sworn, to observe the
rules and the ethics of the profession, as well as being
subject to judicial disciplinary control for the protection of
courts, clients and the public.
A lawyer is prohibited from taking as a partner or associate
any person who is not authorized to practice law to appear in
court or to sign pleadings.
A lawyer shall not allow a non-member of the bar to
misrepresent himself as a lawyer.
A lawyer cannot delegate his authority without clients
consent even to a qualified person.
RULE 9.02
A lawyer can only divide or stipulate to divide fees for lega
services with another lawyer who had rendered legal services
with him in a case or legal work,
Q: What is the rationale for the prohibition?
A: To avoid confusion as to whom to consult in case o
necessity and also to avoid leaving the bar in a chaotic
condition, aside from the fact that non-lawyers are not
amenable to disciplinary measures.
Q: What are the exceptions to Rule 9.02?
A:
a) Where there is a pre-existing agreement with apartner or associate that, upon the latter's death
money shall be paid over a reasonable period of
time to his estate or to persons specified in the
agreement; or
b) Where a lawyer undertakes to complete unfinishedlegal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyeremployees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing
agreement.
None lawyers are not entitled to attorneys fees.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 18UNIVERSITY OF SANTO TOM
CHAPTER III-THE LAWYER AND THE COURTS
CANON 10
RULE 10.01
The burden cast on the judiciary would be intolerable if it
could not take at face value what is asserted by counsel. The
time that will have to be devoted just to the task of
verification of allegations submitted could easily be imagined.
Even with due recognition then that counsel is expected to
display the utmost zeal in defense of a client's cause, it must
never be at the expense of deviation from the truth.
A lawyer is an officer of the court. He is an instrument or
agency to advance the ends of justice. His duty is to uphold
the dignity and authority of the courts to which he owes
fidelity not to promote distrust in an administration of justice.
Refilling a case which was already litigated before is not
forum-shopping but nevertheless a violation of Canon 10.
Carlet v. CA
Counsels act of filing a new case involving essentially the
same cause of action is likewise abusive of the courts
processes and may be viewed as improper conduct tending
to directly impede, obstruct and degrade the administration
of justice.
RULE 10.01
The lawyer must be truthful. He must be a minister of truth.
Hence, he must not mislead the court nor allow the court to
be misled by an artifice.
Q: Give some cases of falsehoods which merited disciplined.
A:
1. Lawyer falsely stating in a deed of sale that propertyis free from all liens and encumbrances;
2. Lawyer making it appear that a person executed adeed of sale in his favor;
3. Lawyer concealing the fact that he was charged withor convicted of a crime;
4. Lawyer encashing a check payable to a deceasedcousin by signing the latters name on the check;
5. Lawyer falsifying a power of attorney and used it incollecting the money for his own benefit;
6. Lawyer uttering falsehood in a motion to dismiss;7. Lawyer presenting falsified documents in court
which he knows to be false; and
8. Lawyer filing false charges or groundless suits;
Art. 184. Offering false testimony in evidence. Any person
who shall knowingly offer in evidence a false witness or
testimony in any judicial or official proceeding, shall be
punished as guilty of false testimony and shall suffer the
respective penalties provided in this section.
RULE 10.02
A lawyer is prohibited from:
1. Knowingly misquoting or misrepresenting:a. Contents of paper;b. Language or argument of opposing counsel;c. Text of a decision or authority;2. Knowingly citing as law, a provision already rendered
inoperative by repeal or amendment; or
3. Asserting as a fact that which has not been proved.NOTE: When a lawyer makes a quotation of a decision in his
pleading, he should quote the same verbatim to avoidmisleading the court.
When the misquotation is intended, the lawyer is subject to
disciplinary action.
Knowingly citing a law or a provision of law is unethical and
contemptuous.
Lawyer must not intentionally misread or interpret the law to
the point of distortion in cunning effort to achieve their
purposes.
A lawyer should not cite a decision knowing that it is invalid
or that it has been overruled. Neither should he cite a statute
knowing that it has been repealed.
A lawyer shall not knowingly misquote or misrepresent the
text of a decision or authority.
A lawyer should not assert as a fact, his version of the case
which had not yet been proven. Nor should a lawyer assert as
finding of fact by the Court which is actually not.
Fosting a nonexistent rule to mislead the court is a violation
of legal ethics.
RULE 10.03
The aim of lawsuit is to render justice. And the rules o
procedure are precisely deigned to attain such objective.
A lawyer who misuses the rules to frustrate the ends of
justice deserves stern condemnation.
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 19UNIVERSITY OF SANTO TOM
Lawyer shall not misuse the rules of procedure. The Rules of
Court are intended to facilitate the delivery of justice to those
whom it is due without unnecessary expense and waste of
time for truly justice delayed is justice denied.
Canlas v. CA
As we have intimated, we cannot overlook the unseemlier
side of the proceeding, in which a member of the bar would
exploit his mastery of procedural law to score a "technical
knockout" over his own client, of all people. Procedural
rules, after all, have for their object assistance unto parties
"in obtaining just, speedy, and inexpensive determination of
every action and proceeding." If procedure were to be an
impediment to such an objective, "it deserts its proper office
as an aid to justice and becomes its great hindrance and chief
enemy."
A litigation is not a game of technicalities in which one,
more deeply schooled and skilled in the subtle art of
movement and position, entraps and destroys the other. It
is, rather, a contest in which each contending party fully andfairly lays before the court the facts in issue and then,
brushing aside as wholly trivial and indecisive all
imperfections of form and technicalities of procedure, asks
that justice be done upon the merits. Lawsuits, unlike duels,
are not to be won by the rapier's thrust.
Eternal Gardens Memorial Park Corp. v. CA and Seelin
We note that while lawyers owe entire devotion to the
interest of their clients and zeal in the defense of their
client's right, they should not forget that they are officers of
the court, bound to exert every effort to assist in thespeedy
and efficient administration of justice. They should not,
therefore, misuse the rules of procedure to defeat the ends
of justice or unduly delay a case, impede the execution of a
judgment or misuse court processes. In Banogan et. al. vs.
Cerna, et. al.
As officers of the court, lawyers have a responsibility to
assist in the proper administration of justice. They do not
discharge this duty by filing pointless petitions that only add
to the workload of the judiciary, especially this Court, which is
burdened enough as it is. A judicious study of the facts and
the law should advise them when a case such as this, should
not be permitted to be filed to merely clutter the alreadycongested judicial dockets. They do not advance the cause of
law or their clients by commencing litigations that for sheer
lack of merit do not deserve the attention of the courts."
They should give way to the realities of the situation.
Procedural rules are intended as an aid to justice, not as a
means for its frustration.
Technicalities should give way to the realities of the situation.
RULE 10.04
The rule aims to avoid surprises and backstabbing. Cards of
the lawyers must be laid on the table for openness
candidness and transparency.
Pleaders must also furnish the adverse party or parties copies
of all documents annexed thereto.
CANON 11
Public duties of the attorney takes precedence over his
private duties.
In re: Sotto
To hurl the false charge that this Court has been for the last
years committing deliberately "so many blunders and
injustices," that is to say, that it has been deciding in favor of
one party knowing that the law and justice is on the part othe adverse party and not on the one in whose favor the
decision was rendered, in many cases decided during the last
years, would tend necessarily to undermine the confidence of
the people in the honesty and integrity of the members of
this Court, and consequently to lower or degrade the
administration of justice by this Court. The Supreme Court o
the Philippines is, under the Constitution, the last bulwark
to which the Filipino people may repair to obtain relief for
their grievances or protection of their rights when these are
trampled upon, and if the people lose their confidence in
the honesty and integrity of the members of this Court and
believe that they cannot expect justice therefrom, they
might be driven to take the law into their own hands, and
disorder and perhaps chaos might be the result. As a
member of the bar and an officer of the courts Atty. Vicente
Sotto, like any other, is in duty bound to uphold the dignity
and authority of this Court, to which he owes fidelity
according to the oath he has taken as such attorney, and not
to promote distrust in the administration of justice. Respect
to the courts guarantees the stability of other institutions
which without such guaranty would be resting on a very
shaky foundation.
Lawyers must be respectful not only in their actions but also
in their use of language whether in oral arguments orpleadings.
Disrespectful acts and language are contemptuous.
In Re: Almacen
The counsel in any case may or may not be an abler or more
learned lawyer than the judge, and it may tax his patience
and temper to submit to rulings which he regards as
incorrect, but discipline and self-respect are as necessary to
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NOTES ON LEGAL ETHICS
Kenneth & King Hizon (3A) ____________________________________________
Facultad de Derecho Civil 20UNIVERSITY OF SANTO TOM
the orderly administration of justice as they are to the
effectiveness of an army. The decisions of the judge must be
obeyed, because he is the tribunal appointed to decide, and
the bar should at all times be the foremost in rendering
respectful submission.
The highest sign of respect to the courts is the lawyers
obedience to court orders and processes.
Criticisms of courts must not spill over the walls of decency
and propriety.
Pleadings containing derogatory, offensive or malicious
statements to the court or judge in which the proceedings are
pending constitutes direct contempt.
Criticism made in good faith may be tolerated. Malicious
attacks on courts have in some cases been treated as libel, in
other cases as contempt of court, and as a sufficient ground
for disbarment. However, mere criticism or comment on the
correctness or wrongness, soundness or unsoundness of the
decision of the court in a pending case made in good faith
may be tolerated.
RULE 11.01
To maintain the dignity and respectability of the legal
profession, lawyers who appear in court must properly
attired. The traditional attires for male lawyers in the
Philippines are the long-sleeve Barong Tagalog and coat and
tie. Female lawyer appear in semi-formal attires. Judges also
appear in the same attire in addition to black robes.
RULE 11.02
It is the duty of the lawyer to be punctual in attendance and
to be concise and direct in the trial and disposition of cases.
Counsel may even be held in contempt in court for coming
late in the hearing or trial of a case.
Lack of punctuality interferes in the speedy administration of
justice. A judge who is unpunctual in his habits sets a bad
example to the bar and tends to create dissatisfaction with
the administration of justice.
RULE 11.03
Misbehavior in court is direct contempt.
Q: What is direct contempt?
A: It is misbehavior committed in the presence of or so near
the court or judge so as to obstruct or interrupt the
proceedings before the same, including disrespect toward the
court, and can be punished summarily without hearing.
A lawyers language should be dignified in keeping with the
dignity of the legal profession. It is his duty to abstain from al
offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by
the justice of the cause with which he is charged.
Raising ones voice
A lawyers arguments should be gracious to both court and
opposing counsel and be of such words as may be properly
addr