Legal Ethics Chapter I Lawyer and Society

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.

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

Original Bases of Legal Ethics:

1.
Canons of Professional Ethics
2.
Supreme court Decisions
3.
Statistics
4.
Constitution
5.
Treatises and publications
Present Basis of the Philippine Legal System: Code of Professional
Responsibility.

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.

BAR V. BENCH
BAR Refers to the whole body of attorneys and body of judges.

papers may be made.

(Reynolds v. Reynolds, Cal.2d580).

BENCH denotes the whole body of counselors, collectively the members of

Of Counsel to distinguish them from attorneys of record, associate

attorneys are referred to as of counsel (5 Am. Jur. 261).

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

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

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.
citizen of the Philippines
2.
at least 21 years old
3.
of good moral character
4.
Philippine resident
5.
Production before the supreme court satisfactory evidence of:

1.
2.

good moral character

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.
a bachelors degree in arts and sciences (pre-law course)
2.
a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law
6.
political law
7.
labor and social legislation
8.
medial jurisprudence
9.
taxation
10.
legal ethics
Non-lawyers who may be authorized to appear in court:
1.
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)
2.
Before any other court: Party to the litigation, in person (Ibid.)
3.
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).
4.
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.
5.
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).
6.
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. Judges and other officials as employees of the Supreme Court (Rule 148,
Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8.
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

Duties of Attorneys:
1.
to maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines;
2.
to observe and maintain the respect due to the courts of justice and
judicial officers;
3.
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;
4.
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;
5.
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;
6.
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;
7.
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;
8.
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 been suspended or disbarred for conviction of crimes involving moral
turpitude such as:
1.
estafa

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

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 selflaudation.

1.

2.

3.

4.

5.

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.
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.
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.
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.
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 public official in the discharge and execution of their official duties:
1.
commitment to public interest
2.
professionalism

3.
4.
5.
6.
7.
8.

justness and sincerity

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

Section 7 (b) of RA 6713 prohibits officials from doing any of the following
acts:
1.

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.
retirement
2.
resignation
3.
expiration of the term of office
4.
dismissal
5.
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

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.

public officers already penalized by existing law, the following shall

constitute corrupt practice of any public officer and are hereby declared to

Reference: Legal Ethics Reviewer

be unlawful:

Ateneo

(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.