LEGAL ETHICS – the branch of moral science w/c treats of the duties w/c an attorney owes to the court,

client,
colleagues and public (CCCP) as embodied in the Constitution, Rules of Court, CPR, Canons of Professional
Ethics, jurisprudence, moral law and special laws.

CHARACTERISTICS OF LEGAL PROFESSION - (a) “a duty of public service of which emolument is a by-
product, and in which one may attain the highest eminence without making much money”, (b) “a relation as
officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability”, (c) “a
relation to client in the highest degree fiduciary”, and (d) “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 directly with their clients”.
Sources of principles and rules on legal and judicial ethics
1. ART. 8 SEC. 5 (5) 1987 CONSTITUTION
The SC shall have the ff. powers:
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(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 underprivileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
Xxx
2. RULES 135 – 142 ROC
3. LAWYER’S 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
lawyer according 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.
4. THE NOTARIAL LAW
5. 2004 RULES ON NOTARIAL PRACTICE

PRACTICE OF LAW – any activity, in or out of court, w/c requires the application of law, legal procedure,
knowledge, training and experience.
Cayetano vs monsod – 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.
ADMISSION
1. A JUDICIAL FUNCTION
ART. 8 SEC. 5 (5) 1987 CONSTITUTION
The SC shall have the ff. powers:
xxx
(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 underprivileged. Such rules shall provide a simplified and inexpensive procedure for
 the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
Xxx
2. REQUIREMENTS
CTGRN – basic requirements
Citizen of the PH;
At least 21 y/o
Of good moral character
Resident of the PH
No charges against him involving moral turpitude, have been filed or are pending in any court in the PH.
Academic requirements
Bar exam
Lawyer’s oath
Signing of the Roll of Attorneys
Issuance of a certificate of membership by the Clerk of Court

3. Attorney’s roll - The attorney's roll or register is the official record containing the names and signatures
of those who are authorized to practice law. A lawyer is not authorized to use a name other than the
one inscribed in the Roll of Attorneys in his practice of law.
4. CHARACTERISTICS OFLEGAL PROFESSION

EXCEPTIONS TO THE PRACTICE OF LAW

RULE 138 SEC. 34 RROC

In the court of a justice of the peace, a party may conduct his litigation in person, with the aid of an
agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may
conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a
duly authorized member of the bar.

RULE 138-A, SEC. 1

Conditions for student practice. — A law student who has successfully completed his 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.

LIMITATIONS OF LAWYERS

RULE 138, SEC 35 RROC

Certain attorneys not to practice. — No judge or other official or employee of the superior courts or of the
Office of the Solicitor General, shall engage in private practice as a member of the bar or give professional
advice to clients.

ART. 7, SEC. 13 1987 CONSTI

The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless
otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege granted by the Government or
any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

R.A. 7160, SEC. 90

Practice of Profession. – (a) All governors, city and municipal mayors are prohibited from practicing their
profession or engaging in any occupation other than the exercise of their functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except
during session hours: Provided, that sanggunian members who are also members of the Bar 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; and

(4) Use property and personnel of the government except when the sanggunian member concerned is
defending the interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of
emergency: Provided, that the officials concerned do not derive monetary compensation therefrom.

RA 910, SEC. 1
When a Justice of the Supreme Court or of the Court of Appeals who has rendered at least twenty years'
service either in the judiciary or in any other branch of the Government, or in both, (a) retires for having
attained the age of seventy years, or (b) resigns by reason of his incapacity to discharge the duties of his
office, he shall receive during the residue of his natural life, in the manner hereinafter provided, the salary
which he was receiving at the time of his retirement or resignation. And when a Justice of the Supreme Court
or of the Court of Appeals has attained the age of fifty-seven years and has rendered at least twenty-years'
service in the Government, ten or more of which have been continuously rendered as such Justice or as judge
of a court of record, he shall be likewise entitled to retire and receive during the residue of his natural life, in the
manner also hereinafter prescribed, the salary which he was then receiving. It is a condition of the pension
provided for herein that no retiring Justice during the time that he is receiving said pension shall appear as
counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof
is the adverse party, or in any criminal case wherein and officer or employee of the Government is accused of
an offense committed in relation to his office, or collect any fee for his appearance in any administrative
proceedings to maintain an interest adverse to the Government, insular, provincial or municipal, or to any of its
legally constituted officers.
III. THE LAWYER AND THE LEGAL PROFESSION
CANON 7, CPR
A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the
activities of the integrated bar.

Rule 7.01
A lawyer shall be answerable for knowingly making false statement or suppressing a material fact, in
connection with his application for admission to the bar.
- If discovered before he could take the bar, he will be denied permission to take the exam.
- If after the candidate had passed, he will not be allowed to take his oath
- If after the oath, his name will be stricken from the Roll of Attorneys.
If what is concealed is not a crime involving moral turpitude, what it punishes is the act of concealment
because he perpetrated perjury.

Rule 7.02
A lawyer shall not support the application for admission to the bar of any person known by him to be
unqualified in respect to character, education or other relevant attribute.
- No recommendation or endorsement.
- It is his duty to prevent such applicant from taking the bar.
- It constitutes gross misconduct in office (disciplinary action)

Rule 7.03
A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law nor shall he, whether
in public or private life, behave in a scandalous manner to the discredit of the legal profession
- He should maintain a good moral character
- Be faithful to the Oath
- He is expected to be concerned on matters like his membership dues and payment of his privilege tax
- This conduct should stay with him whether in his public or private life
- Avoidance of scandalous conduct

CANON 8 – a lawyer shall conduct himself with courtesy, fairness and candor towards his professional
colleagues, and shall avoid harassing tactics against opposing counsel
- Courtesy to fellow lawyers
Rule 8.01
A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
- A lawyer’s language should be forceful but dignified, emphatic but respectful as befitting an advocate
and in keeping with the dignity of the legal profession.

Rule 8.02
A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
- A lawyer should not “steal” another’s client (encroachment upon the business of another lawyer)
- No encroachment when previous lawyer was already dismissed
- Lawyer shall not negotiate with the opposite party who is represented by a counsel
- Nor question him as to the facts of the case even if the adverse party is willing to do so.
- Lawyer may however interview any witness or prospective witness for the opposing side
- Advice and assistance to victims of unfaithful and neglectful counsel is proper

CANON 9 – a lawyer shall not directly or indirectly assist in the unauthorized practice of law
Rule 9.01
A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be
performed by a member of the bar in good standing
 - Unauthorized practice of law – committed when a person not a lawyer pretends to be one and performs
acts which are exclusive to members of the bar. (indirect contempt)
- A lawyer shall not assist anyone who is not a member of the Bar to practice law; he must not take as
partner or associate in his law firm a person who is:
o Not a lawyer
o A lawyer who has been disbarred
o A lawyer who has been suspended from the practice of law
o A foreign lawyer although knowledgeable in the law, unless licensed by the SC
Rule 9.01
A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be
performed by a member of the Bar in good standing
- Delegation of legal work to an unqualified person is Misbehavior
- A lawyer shall not allow a non-member of the Bar to misrepresent himself as a lawyer
- Lawyer cannot delegate his authority without client’s consent even to a qualified person
- An associate or assistant in a law firm may appear for the client, unless the client has contracted
otherwise.

Rule 9.02
A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law,
except:
a. Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money
shall be paid over a reasonable period of time to his estate or to the persons specified in the
agreement;
b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is
based in whole or in part on a profit-sharing arrangement.
- Non-lawyers are not entitled to attorney’s fees.