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CANON 1 A lawyer shall uphold the Constitution, obey the laws of the

land, and promote respect for law and legal processes.


All lawyers are duty-bound to uphold the Constitution, to obey the laws, and
to uphold the Rule of Law.
They are also duty-bound to apply and uphold all Supreme Court decisions as
they form part of the laws of the land.
Rule of Law decisions should be made by the application of known legal
principles or laws without the intervention of discretion in their application.
o Palakasan system
o Selective justice
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

Dishonesty, gross immorality, and violations of the law can be grounds to file
disciplinary proceedings against any lawyer
It need not be committed in relation to his professional duties; the lawyer
may be sanctioned even for acts committed in his private affairs.
o Patronizing prostitution
Good moral character is a requisite for the practice of the law and is a
continuing requirement.
Conviction of a crime involving moral turpitude = a lawyer is deemed to have
become unfit to uphold the administration of justice and to be no longer
possessed of good moral character
Gross immorality an act 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 wilful, flagrant, or shameless act which shows moral indifference to the
opinion of respectable members of the community.
o Forging public instruments
o Marital infidelity
Gross immorality, not mere immorality, is sanctioned; however, gross
immorality need not be scandalous nor be punishable by law.
Unlawful Conduct acts that tend to directly violate the laws.
o Use of prohibited drugs
Gross misconduct any inexcusable, shameful or flagrant unlawful conduct
on the part of the person concerned in the administration of justice which is
prejudicial to the rights of the parties or to the right determination of the
cause; generally motivated by a premeditated, obstinate, or intentional
purpose; however, it does not necessarily imply corruption or criminal intent.
o Rape even if his guilt is not proven beyond reasonable doubt
o Firing of a gun because of a traffic altercation

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.

The lawyer is mandated not to counsel other people or abet the activities of
other people which defy the law or denigrate the legal system.
o Advising clients on how to fraudulently circumvent the law by
executing fake documents or procuring the services of fake witnesses

Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any mans cause.

Encouraging suits or legal action must always be with the noble intent to
pursue or protect a right.
o Purposefully delaying or postponing trial for money or to the
disadvantage of the other party
Barratry The offense of frequently exciting and stirring up quarrels and
suits, either at law or otherwise.
o A lawyer threatening to sue in order to get his way. (kakasuhan kita
kung hindi mo ibibigay)
o Encouraging another to sue based on a simple misunderstanding which
can be settled even without court intervention (simpleng away
magkapit-bahay)
Maintenance The intermeddling of an uninterested party to encourage a
lawsuit.

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

Settlement between two contending parties may be agreed upon at any


stage of the proceeding.

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.

A lawyers efficiency must not be obtained at the price of compromising the


effectiveness of the entire legal profession; it does not mean the
abandonment of ones integrity in order to achieve a given cause at all cost.
Duty to be proficient in the English language because of the prevailing use of
the language in the legal practice.
o But there is also a need to be proficient in the Filipino language or at
least proficient in communication to properly inform the client of the
consequences of the legal actions that is needed to be taken.

Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenceless or the oppressed.

Legal representation of the defenceless or the oppressed.

Those who have less in life should have more in law.

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 latters rights.

Exception to the general rule that consultation creates a lawyer-client


relationship.
o Aside from giving legal advice, perhaps a recommendation to another
counsel who may be more willing or perhaps more competent to
protect the rights of the defenceless or oppressed.

Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily
to solicit legal business.

Law is a profession, not a trade.


Dignified solicitation allowed; it must be proper and compatible with the legal
profession.
Use of simple signs stating the name of the lawyers, the office and residence
address, and fields of practice; advertisements in legal periodicals;
publication in reputable law journals; use of calling cards
Good reputation as best advertisement.
Ambulance Chasing one who solicits negligence cases for an attorney in
consideration of a percentage of the recovery.

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

Duty to shun cut-throat rates by lowering legal fees to attract paying clients.
Rates customarily prescribed are generally dictated by the market forces.

CANON 3Duty of Honest and Dignified Pronouncement of Legal


Services. A lawyer in making known his legal services shall use only true,
honest, fair, dignified and objective information or statements of facts.

RULE 3.01. Duty Not to Use Fraudulent or Misleading


Pronouncement of His Qualifications. 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 All communications regarding the lawyer must contain only
information that is necessary for the client to be informed about
the professional competence of the lawyer, such as:
A) Office informationlaw firm name, names of associates,
addresses, email addresses, telephone numbers, credit
card acceptability, fluency in foreign languages, office
hours, etc.

B) Relevant biological information

C) Description of practicestatement that the lawyer or


law firm specializes in a particular filed of law

D) Permitted fee information

o Limits of self-laudation
The lawyer may not announce his record in obtaining
favorable judgments.
RATIONALE: It is deceptive because past performance of a
lawyer is not indicative of his future performance. No
lawyer can guarantee the results of any legal action.

RULE 3.02. Duty of Honesty in Firm Name. 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 The firm name is the name or title under which a company
transacts its business
o A lawyer is not authorized to use a name other than the name
inscribed in the Roll of Attorneys
E.g.

Maria Madonna Makiling appears in the birth


certificate, but the name that appeared in the Roll of
Attorneys is Maria Makiling. Thus, she may not use
the name Maria Madonna Makiling.

o Use of a deceased partners name.


Previous rule:
The continued use of the name of a deceased or
former partner is not allowed.
Rationale: Article 1815 of the NCC required that
partners should be living persons who can be
subjected to liability. Deceased partners can no
longer be held liable (In the Matter of the Petition for
Authority to Continue Use of the Firm name Sycip,
Salazar, Feliciano, Hernandez & Castillo, etc., 92
SCRA 1).

New rule: Rule 3.02 now provides a rule different from


the ruling in the Sycip case.

o Continued use of a retired partners name in the law firms


name.
Where the retired partner is no longer a shareholder in the
law firm but remains associated with the firm in of
counsel status, the law firm may retain the retired
partners name in the firm name.
Of counsel
an attorney who is associated with a law firm, but is
neither a partner nor an associate
an attorney who is not actively involved in the dayto-day work of a law firm, but may be available in
particular matters or for consultation

RULE 3.03. Duty of a Law Partner to Withdraw from the Firm


When He Accepts Public Office. 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 home to practice law
concurrently.
o The affairs of the legal profession and the affairs of the
government are closely intertwined.
o Public office can sometimes be taken advantage of to promote
ones practice of law.

o Generally, lawyers in the government may be allowed to practice


law provided the proper consent and authorizations are obtained.
Pursuit of private business, vocation or profession without
the permission required by Civil Service rules and
regulations is a ground for disciplinary action (EO No.
292).
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.
o There are public officers which may be allowed to practice law,
such as members of the sangguniang. However, there are certain
public officers who are prohibited from practicing law:
A) Judges and other officials or employees of the superior
court or of the Office of the Solicitor General
B) Government prosecutors
C) President, Vice-president, Members of the Cabinet, their
deputies and assistants
D) Members of Constitutional Commissions
F) Ombudsman and his deputies
G) All governors, city and municipal mayors
H) Those who by special law are prohibited from engaging
in the practice of their legal profession.

RULE 3.04. Duty Not to Pay Media for Publicity. 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 To attract legal business is a callous attempt to commercialize
the legal profession.

CANON 4 A lawyer shall participate in the development of the legal


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

A lawyer should encourage the simplification of laws and the repeal or


amendment of laws that are outmoded.
Legal procedures should be improved whenever experiences indicates a
change is needed.

CANON 5Duty To Keep Abreast of Legal Developments. 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
information regarding the law and jurisprudence.

o This duty is implied in a lawyers mandate to protect a clients


interest to the best of his/her ability and with utmost diligence.

o Williams v. Enriquez,
Canon 5 of the Code of Professional Responsibility requires
that a lawyer be updated in the latest laws and
jurisprudence.

When the law is so elementary, not to know it or to act as


if one does not know it constitutes gross ignorance of the
law.

In this case, the law he apparently misconstrued is no less


than the Constitution, the most basic law of the land.

Implicit in a lawyers mandate to protect a clients interest


to the best of his/her ability and with utmost diligence is
the duty to keep abreast of the law and legal
developments, and participate in continuing legal
education programs.

CANON 6The Same Duties Apply to Lawyers in Government


Service. These canons shall apply to lawyers in government service in the
discharge of their official tasks.

RULE 6.01. Duty of a Public Prosecutor to See That Justice is


Done. 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.
o Public prosecutor does not side with either party but instead
should be guided by what evidence is presented by contenting
parties.

o The duty of the prosecutor is not ended by the conviction of the


accused.
o If the prosecutor has subsequently acquired information which
should have lead to the acquittal of the convicted accused, the
prosecutor should relay such information to proper authorities.
o The primary duty of a lawyer engaged in public prosecution is
not to convict but to see to it that justice is done.

RULE 6.02. Duty to Separate Public Duties from Private


Interests. 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.
o A public office is a public trust.
o There are prohibitions under the Anti Graft and Corrupt Practices
Act and The Revised Penal Code relating to public officers.

RULE 6.03. Duty to Avoid Conflict of Interest After Leaving


Government Service. A lawyer shall not, after leaving a government
service, accept engagement or employment in connection with any
matter in which he had intervened while in said service.
o This rule does not state a period within which the prohibition
shall last.
o RA 6713, however, prohibits certain transactions and interests
during the incumbency of the public official and for a period of
one year after resignation, retirement or separation from public
office.
o A lawyer should not accept employment as an advocate in any
matter upon the merits which he has previously acted in a
judicial capacity.
o A lawyer, having once held public office or having been a public
employee, after his retirement, accept employment in connection
with any matter he has investigated or passed upon while in
such office or employ.