Legal Ethics Reviewer: Crash Course

Lawyer’s Oath

I, [Insert name here], 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, nor give aid or
consent to the same

I will delay no man for money or malice, and will conduct myself as a lawyer 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.

Legal Ethics

 Is that branch of Moral Science which treats of the duties of an attorney owes to Court, Client,
Colleagues, Profession, and Society
 Legal Ethics is important in order to maintain a high moral standard for the lawyer in performing
his duties

Practice of Law

Concept/Definition

 Any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training, and experience (Cayetano v Monsod)

Practice of Law includes:

1. Giving advice or rendering any kind of service that involves legal knowledge
2. Appearance in court and conduct of cases in court
3. Preparation of pleadings and other papers incident to actions as well as drawing of deeds and
instruments of conveyance
4. Notarial Acts

Essential Criteria in determining WON person is Engaged in Practice of Law (CAHA)

1. Compensation
2. Application of Law, legal knowledge
3. Habituality
4. Atty-Client Relationship (Cayetano v Monsod Dissenting Opinion)

Notes:
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 Legal Ethics Reviewer: Crash Course
1. Receipt of Compensation is not sole determinant of Legal Practice; Application of Law and
Legal Knowledge also constitutes as Practice of Law
2. Preparation of Extrajudicial Settlement of estate constitutes “Practice of Law”
3. Detention Prisoners: Cannot Practice Law; As a Necessary consequence of Arrest and
Detention
4. Use of Legal Knowledge constitutes as Practice of Law (Ulep v The Legal Clinic)
5. Fastest in Notarization; Specialist in Small claims: lawyer shall only use dignified
information/statement of facts; lawyers should not use self-laudatory/unfair statements
regarding qualification, legal services

Excluded from “Practicing Lawyer”

1. Gov’t employees/ Incumbent Elective Officials

2. Lawyers Prohibited by Law
3. Supervising lawyers of Students, and

Practice of Law: A Privilege, not a Right

 It is not a natural, property, or constitutional, but a mere privilege.

 Not granted to anyone who demands it but a privilege extended/withheld in the exercise of sound
judicial discretion.

Profession, not a Business

 Practice of law is not a money-making trade; it is a sacred profession imbued with Public
Interest (Primary Objective: Public Service)
 Pecuniary Reward is considered Merely Incidental

Qualifications for Admission to Bar

 Supreme Court has the Exclusive Power to Promulgate Rules concerning the protection, and
enforcement of Consti Rights, Pleadings, Practice, and Procedure in Courts, the Admission into the
Practice of Law, the Integrated Bar... (1987 Constitution)

Requirements for Admission to the Bar (C21- GRENAPOS):

1. Philippine Citizen
2. 21 years of Age
3. Good moral character
4. Resident of the Philippines
5. Evidence of Good Moral Character
6. No Charges against him involving Moral Turpitude/filed/pending in court
7. Complied with Academic Requirements
8. Pass the Bar Examinations
9. Take Lawyer’s Oath
10. Sign Roll of Attys.

Notes:

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 Citizenship not elected by Ching; therefore not citizen; therefore not qualified to be lawyer
 Meling failed to disclose that there are no charges against him; Rule 1.01; No Good Moral
Character
 Still needs Lawyer’s Oath and Signing the Roll of Attys to be a full fledged lawyer
 Good Moral Character is a Continuing Requirement (The maintenance of Good Moral Character is
essential during the continuance of the practice and exercise of the privilege

Appearance of non-Lawyers

 GR: Only those who are licensed to practice law can appear and handle cases in court
 XPN:
o Law Student Practice (4th year)
o Non-Lawyers in MTC (Limited Practice)
o Non-lawyer in Administrative Tribunals (Quasi-Judicial tribunals)

Notes:

 Non-Lawyer in Administrative Tribunals: May appear only before CA level; if in CA: must be
represented by a) only self, b) a lawyer
 No attorney shall appear in behalf of parties
o Small Claims Court
o Proceedings before Katarungang Pambaranggay

Sanctions for Practice of Law without Authority: (ICE-JA)

 Petition for Injunction

 Contempt
 Estafa (person who misrepresented himself to be atty.)
 Disqualification/Disbarment
 Administrative Actions

Public Officials and Practice of Law

Public Officials Include: (RA 6713)

 Elective Officials / Appointive Officials

 Permanent / Temporary
 Career/Non-Career
 Compensation/No Compensation

Prohibitions/Disqualifications of Former Gov’t Attorneys:

 As former lawyer: Not accept engagement/employment in connection with any matter which he
had intervened while in said service (Take note of Intervened)
o There is Conflict of Interest
 Evil sought to be avoided by this provision is possibility of lawyer, just separated from government,
uses influence for his own private benefit

Public Officials who cannot Practice Law:

 GR: Appointment/Election of Attorney to Gov’t Office disqualifies him from engaging in private
Practice of Law
o Reason: Public office is Public Trust, and

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o To avoid Conflicts of interest, etc.

 Absolute Prohibition:
o Judges/Employees of SC
o OSG (Office of SolGen) Officials and Employees
o Gov’t Prosecutors
o President, VP, Members of Cabinet
o Constitutional Commission members (CSC, COMELEC, COA)
o Civil Service officers whose duty requires them to be at disposal of gov’t the entire time
o Ombudsman and deputies
o Governors, City and Municipal Mayors
o Prohibited by Special Laws

 Relative Prohibition
o Senator/HOR
 Personally appear (Personally appear includes filing pleading, motion, plea, answer)
o Sanggunian Members (Under Local Gov’t Code/LGC)
 Appear as counsel in Civil Case v. Gov’t
 Appear as counsel in Criminal Case v. Officer/Employee of Nat’l/Local Gov’t is accused
 Collect fee for appearance in Admin Proceedings involving LGU where he is an official
 Use property of gov’t (Except if Sanggunian Member is defending gov’t)
o Retired Justice/Judge
 Appear as counsel in Civil case v. Gov’t
 Appear as counsel in Criminal Case v. Officer/Employee of Nat’l/Local Gov’t is accused
 Collect fee for appearance in Admin Proceedings to maintain interest adverse to gov’t/
officers
o Civil Service officers (Gov’t) without permit from Department Head
 If Baranggay Official, he must secure from DILG Sec.
o Former gov’t Atty.
 Cannot accept engagement in matters where he intervened.

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CHAPTER I
Lawyer and Society

CANON 1
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE
RESPECT FOR LAW OF AND LEGAL PROCESSES.
 Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
o Deceitful Conduct
 Deceptive Misrepresentation, used upon ignorant to fact, intended to damage
o Unlawful Conduct
 Transgression of any law
o Immoral Conduct
 Moral indifference to opinion of the good and respectable members of community.
 Must be Grossly Immoral to warrant Sanctions/Disciplinary Actions
 Corrupt and false as to constitute a criminal act.
 Willful, flagrant, or shameless and shows a moral indifference to opinions of
respectable members of community
o Instances of Gross Immorality
 Abandonment of wife + Cohabiting with another (Disbarred)
 Had carnal knowledge in promise of marriage, but did not (Disbarred)
 Seduction of woman who is niece of married woman who lawyer had adulterous
relations (Disbarred)
o NOT constituting Gross Immorality
 Stealing kiss from Client
 Live-in relationship between two unmarried persons
 Non-payment of loan
 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 man's cause.

 Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.

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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 the
oppressed.

 Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

 Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.
o It is not a business (Dili ni sya palengke)
 Do NOT commercialize the profession.
o Advertising:
 There is a guideline
 Not allowed to post a picture (Akin to Commercializing the Profession (Bar
Question)
 Best advertisement is good reputation
 Posting that you have an office
 Business Card
 Content must be decent
 Name
 Name of firm
 Expertise
 Legal Journal
 Sponsor a certain amount
 Just name of office and associates of the firm
 Advertise yourself primarily with the reputation that you have
 Bawal maghire ng tao to solicit ng legal services.
o "What if you're actually doing business?"You are allowed to practice any other profession
 Just make sure that you inform your client whether you're dealing with them as a
"doctor or as a lawyer".
 Always disclose under what capacity you are performing services for someone

 Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warrant
o Every IBP chapter has approved rates
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 Why?
 Because you are commercializing the profession.
 Exceptions:
 Family/Relatives
 Indigent person
 Poor people  
o Lawyers/Law firms cannot lower their prices to be “More Competitive” because practice of law
is not a business and is not involved in commercialism. (Rule 2.04 provides lawyers shall not
charge rates lower than those customarily prescribed)

CANON 3
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
 
Unethical:
 Being in radio shows/TV shows:
o Do not sensationalize yourself
 Leaking confidential things about your client on TV
 Newspapers with legal opinions
 Social Media

 
 
 Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or
legal services.
o Use of a last name different from the one in Roll of Attorneys: (Pangan v Atty. Ramos)
 Amounts to falsehood in qualifications

 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 communications that said partner is deceased.
o You're not allowed to put names in your law firm (In re: authority of continued use of
name of deceased partners)
 Deceased people's name in your law firm
 You must communicate that that person is already deceased/Just make known
that this person has already died: Put cross symbol
o Use of Last name different from the one in Roll of Attys, (Use of Assumed name)
 Misleading in use of firm name

 Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name
shall be dropped from the firm name unless the law allows him to practice law currently.
o This talks about a law firm with a name partner
 Name should be removed from Firm name when someone is government official (see
absolute prohibition)
 People would be attracted by the opportunities you provide.

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 There is undue influence

 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.
o It is unethical to sensationalize yourself
 Cruz v. Salva

CANON 4
A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE. 
 If you could not initiate, then support
o How?
 If you have the time, you could write resolutions then pass to congress
 Petition to SC
 TRAIN law is being changed
 Corporate law is being changed

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 LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE. 
 Legal developments
o Read up on things
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 Participate in legal
o Mandatory continuing law education program
 36hours per year
o Educating people who are not in the practice of law of the practice of law.

CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF
THEIR TASKS.

 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 for disciplinary
action.

 Rule 6.02 - A lawyer in the government service shall not use his public position to promote or
advance his private interests, nor allow the latter to interfere with his public duties.

 Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said service.