LEGALETHICS

PRIMARY CHARACTERISTICS WHICH

DISTINGUISH THE LEGAL
CHAPTER 1 - PROFESSION
INTRODUCTORY FROM BUSINESS

Preliminary 1. A duty of public service.

Legal Ethics
1. Branch of moral science which
treats of the duties which an
attorney owes to the court, to his
client, to his colleagues in the
profession and to the public.
2. It is the embodiment of all
principles of morality and
refinement that should govern
the conduct of every member of
the bar
The law is not a trade nor a craft but a
profession.
Its basic ideal is to render public service
and secure justice to those who seek its
aid.
Those enrolled in its ranks should not
only master its tenets and principles but
also accord continuing fidelity to them.
Obligation not an easy task due to
commercialism in all fields of human
endeavor.
To fulfill obligation:
1. Professional standards be
constantly inculcated among
lawyers.
2. Manual of equipment rules
and ethics of the profession
collated, readily available
every attorney.
Sources of Legal Ethics:
1. The 1987 Constitution.
2. Applicable Jurisprudence.
3. Code of Professional
Responsibility.
4. New Civil Code.
5. Rules of Court.
6. Revised Penal Code.
7. Local Government Code.
2. A relation, as an officer of
the court, to the
administration of justice involving
thorough sincerity, integrity and
reliability.
3. A relation to clients with the highest
degree of fiduciary
4. A relation to the 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.
Definitions
LEGAL ETHICS
o Body of all principles of morality
and refinement thatshould
govern the conduct of every
member of the bar.
o Living spirit of the profession.
o Branch of moral science which
treats of duties which an attorney
owes to the court, to his client, to
his colleagues, and to the public.
to Terms used to describe a member of
the legal profession:
o Lawyer, Attorney, or Attorney-At-
Law.
o Advocate, Barrister, Counsel or
Counselor.
o Proctor, Solicitor.
o Spanish: Abogado.
o Filipino: Manananggol.
The term refers to that class of persons
who by license are officers of the court
empowered to appear, prosecute, and
defend.
A person who is a member of the
Philippine Bar who, by warrant of
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another, practices law, or acts
professionally in legal formalities.
Those who passed the Sharia Bar not
entitled to be called Attorneys unless
admitted to the Philippine Bar.
Counsel de parte:
o An attorney retained by a party
litigant, usually for a fee, to
prosecute or defend his cause in
court.
o Implies freedom of choice either
on the attorney or the litigant.
Counsel de oficio:
o Attorney appointed by the court.
o To defend an indigent defendant
in a criminal action.
o To represent a destitute party.
Attorney of record:
o Attorney whose name, together
with his address, is entered in the
record of the case as the
designated counsel of the party
litigant.
o To whom judicial notices are
sent.
A lawyer of counsel is an
experienced lawyer, who is usually a
retired member of judiciary employed
by law firms as consultant.
Amicus Curiae is:
o An experienced and impartial
attorney invited by the court to
appear and help in the disposition
of issues submitted to it.
o It implies friendly intervention of
counsel to call the attention of
the court to some matters of law
or facts which might otherwise
escape its notice and in regard to
which it might go wrong.
o Appears in court not to represent
any particular party but only to
assist the court.
Amicus Curiae par excellence bar
associations who appear in court as
amici curiae or friends of the court. Acts
LEGALETHICS
merely as a consultant to guide the
court in a doubtful question or issue
pending before it.
Bar refers to the legal profession.
Bench refers to the judiciary.
Client one who engages the services
of a lawyer for legal advice or for
purposes of prosecuting or defending a
suit in behalf and usually for a fee.
Lawyer this is the general term for a
person trained in the law
and
authorized to advice and represent
others in legal matters
Attorneys-At-Law 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.
Attorney in fact- 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 or letter of attorney. He is not
necessarily a lawyer.
Bar Association an association of
members of the legal profession like the
IBP where membership is integrated or
compulsory.
House Counsel one who acts as
attorney for business though carried as
an employee of that business and not
as an independent lawyer.
Lead Counsel the counsel on either
side of a litigated action who is charged
with the principal management
and
direction of a partys case,
as distinguished from hisjuniors or
subordinates.
Practicing Lawyer one engaged in
the practice of law who by license are
officers of the court and who
are empowered to appear,
prosecute and defend a clients cause.
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Pro Se - an appearance by a lawyer in
his own behalf.
Trial Lawyer one who personally
handles cases in court, administrative
agencies of boards which mean
engaging in actual trial work, either for
the prosecution or for the defense of
cases of clients.
Power to regulate practice of law
The Constitution [Art. VIII, Sec. 5(5)]
vests this power of control and
regulation in the Supreme Court. The
constitutional power to admit
candidates to the legal profession is a
judicial function and involves the
exercise of discretion.
Const art. XII, sec. 14.
o The practice of all professions in
the Philippines shall be limited to
Filipino citizens, save in cases
prescribed by law.
The SC acts through a Bar Examination
Committee in the exercise of its judicial
function to admit candidates to the
legal profession. Thus, the Committee is
composed of a member of the Court
who acts as Chairman and 8 members
of the bar who acts as examiners in the
8 bar subjects with one subject
assigned to each.
Practice of law is impressed with public
interest.
o Attorney takes part in one of the
most important functions of the
State The Administration of
Justice.
o Duty of the State to control and
regulate the practice of law to
promote public welfare.
Practice of law is inseparably connected
with the exercise of its judicial power in
the administration of justice.
LEGISLATURES EXERCISE OF POLICE
POWER may enact laws regulating the
practice of law but may not pass a law
LEGALETHICS
that will control the Supreme Court on
its function to decide who may enjoy
the privilege of practicing law. Could be
considered unconstitutional.
SC POWER TO REGULATE PRACTICE OF
LAW includes:
1. Authority to define that term.
2. Prescribe qualifications of
a candidate and the
subjects of the
bar exams.
3. Decide who will be admitted to
the practice.
4. Discipline, suspend, or disbar any
unfit or unworthy member of the
bar.
5. Reinstate any disbarred attorney.
6. Ordain the integration of the
Philippine bar.
7. Punish for contempt any person
for unauthorized practice of law.
8. Exercise overall supervision of the
legal profession.
9. Exercise any other power as may
be necessary to elevate
the standards of the bar and
preserve its identity.
Power to regulate the practice of law is
not an arbitrary or despotic power to be
exercised at the pleasure of the court.
It is the duty of the court to exercise it
by a sound and just judicial discretion.
Nature of office of attorney
An attorney is more than a mere agent
because he possesses special powers of
trust and confidence reposed in him by
his client.
Independent as the judge.
In a limited sense, a public officer,
although not in the constitutional or
statutory meaning of the term.
Occupies a quasi-judicial office because
he is in fact an officer of the court.
The title Attorney is reserved to those
who has:
3

1. obtained the necessary degree in
the study of law;
2. successfully taken the bar exams;
3. admitted to the IBP;
4. remain members thereof in good
standing;
5. been authorized to practice law in
the Philippines.
Membership in the bar is in the
category of a mandate of public service
of the highest order.
Lawyers are oath-bound servants of
society whose conduct are clearly
circumscribed by the inflexible norms of
law and ethics.
Primary duty is to the advancement of
the quest of truth and justice.
Privileges of an attorney
1. Privilege and right to practice law
during good behavior before any
judicial, quasi-judicial, or administrative
tribunal.
2. Attorneys enjoy the presumption of
regularity in the discharge of his duty.
(His statements, if relevant or material
to the case, are absolutely privileged
regardless of their defamatory tenor.
He can speak freely and courageously
in proceedings without the risk of
criminal prosecution.)
3. Other privileges inherent in his status
as quasi-judicial officer:
a. Passing the bar is equivalent to
First-grade Civil Service eligibility
for any position in the classified
service of the government, the
duties of which require
knowledge of law.
b. Second-grade eligibility for any
other government position not
requiring proficiency in the law.
4. The court, in admitting him to practice,
presents him to the public as worthy of
its confidence and as a person fit and
LEGALETHICS
proper to assume and discharge the
responsibilities of an attorney.
5. Has the privilege to set the judicial
machinery in motion.
He can stand up for his right or the
right of his client even in the face of a
hostile court.
He has the right to protest, in respectful
language, any unwarranted treatment
of a witness or any unjustified delay.
The rights and privileges which they
enjoy as officers of the court
are necessary for the proper
administration
of justice as for the protection
of attorney and his client.
There can be no strong bar without
courageous and fearless attorneys.
As a man of law, his is necessarily a
leader in the community, looked up to
as a model citizen.
Integrity, ability, and learning
often makes him qualified to
administer the
Executive Departments or the
Legislative bodies.
Duties of Attorneys (Rule 138, Sec 20)
MEMORIZE!
It is the duty of an attorney:
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
to be just, and such defenses only as
he believes to be honestly debatable
under the law;
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
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 LEGALETHICS

any judicial officer by an artifice or truthfulness, avoid encroachment in the

false statement of fact or law; business of other lawyers, uphold the
5. To maintain inviolate the confidence, honor of the profession.
and at every peril to himself, to 3. Duties to the COURT respect or
preserve the secrets of his client, defend against criticisms, uphold
and to accept no compensation in authority and dignity, obey order and
connection with his client's business processes, assist in the administration
except from him or with his of justice.
knowledge and approval; 4. Duties to the CLIENT entire
6. To abstain from all offensive devotion to clients interest.
personality and to advance no fact
prejudicial to the honor or reputation Public versus private and
of a party or witness, unless personal duties
required by the justice of the cause PUBLIC DUTY:
with which he is charged; o Obey the law.
7. Not to encourage either the o Aid in the administration of
commencement or the continuance justice.
of an action or proceeding, or delay o Cooperate whenever justice
any man's cause, from any corrupt is imperiled.
motive or interest; PRIVATE DUTY:
8. Never to reject, for any o Faithfully, honestly, and
consideration personal to himself, conscientiously represent
the interest of his client.
the cause of the defenseless or
PERSONAL DUTY, the obligation he
oppressed;
owes to himself.
9. In the defense of a person accused of
crime, by all fair and honorable
Such classification of public and
means, regardless of his personal
personal results from the three-fold
opinion as to the guilt of the
capacity in which attorneys operate:
accused, to present every defense
o As a Faithful Assistant of
that the law permits, to the end that
the court in search of just
no person may be deprived of life or
solution to disputes (Public Duty).
liberty, but by due process of law. o As a Trusted Agent of his client
(Private Duty).
FOUR-FOLD DUTIES OF A LAWYER o As a Self-employed Businessman
(Personal Duty).
1. Duties to SOCIETY should not
Rules and ethics demand that
violate his responsibility to society,
an attorney subordinate his
exemplar for righteousness, ready to
render legal aid, foster social reforms, personal and
guardian of due process, aware of private duties to those which he owes
special role in the solution of special to the court and to the public.
problems and be always ready to lend Where his duties to his client conflict
assistance in the study and solution of with those he owes to the court and the
social problems. public, the former must yield to the
2. Duties to the LEGAL PROFESSION latter.
candor, fairness, courtesy and His obligations to his client take
precedence over his duties to himself.
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 LEGALETHICS

2. A relation as officer of the court

Practice of law as a profession to the administration of justice
The practice of law is a profession, a involving thorough sincerity,
form of public trust, the performance of integrity, and reliability.
which is entrusted only to those who 3. Relation to the client in
are qualified to possess good moral the highest degree
character. fiduciary.
The legal profession is not a trade. 4. Relation to colleagues at the bar
To render public service and secure characterized by candor, fairness,
justice to those who seek its aid. and unwillingness to resort
It is not a business, using bargain to current business
counter methods to reap large profits. methods of
The gaining of livelihood is not a advertising and encroachment on
profession, but a secondary their practice, or dealing with
consideration. their clients.
The Code of Professional Responsibility, These characteristics make it a noble
particularly the ethical rule against profession and the privilege to practice
advertising or solicitation of it is bestowed only upon individuals who
professional employment, rests on the are competent intellectually,
fundamental postulate that the practice academically, and morally.
of law is a profession. A partnership in the practice of law is a
Profession A callingrequiring mere relationship or association
specialized knowledge and often for
requiring long academic preparation. such particular purpose. It is not a legal
In fixing fees, remember that the entity. It is not a partnership formed for
profession is a branch of the the purpose of carrying on a trade or
administration of justice and not a mere business or of holding property.
money-making trade. Even if registered with the SEC, any
Law advocacy is not capital that yields lawyer practicing under a
profits. law
A calling, unlike mercantile pursuits partnership is considered a solo
which enjoy a greater deal of freedom practitioner who is the taxpayer and not
from government interference, is the law partnership.
impressed with public interest. Law prohibits a business or commercial
Attorney is also entitled to protection partnership or juridical entity to engage
from the court against any attempt by in the practice of law since such cannot
his client to escape payment of his just possess nor comply with
fees. the
Client is also protected against exaction qualifications and requirements of
by his counsel of excessive fees. a lawyer.

Primary Characteristics Necessity of representation by counsel

distinguishing the Legal Profession Employment of a person acquainted
from Business: with the rules becomes a necessity both
1. A duty of public service, to the litigant and to the court.
emolument is a by-product. Litigant is not ordinarily versed in the
law and its intricacies.
A court can adjudicate only
in accordance with the law and the
facts presented pursuant to well-established
rules of procedure and evidence.
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 LEGALETHICS

A person unlearned in the law can In custodial investigations, any person

neither aid litigants nor the court in that under such for the commission of an
regard. offense shall have the right to be
Only a lawyer can properly and informed of his right to remain silent
effectively extend such assistance. and to have competent
The law profession came into being as a and independent counsel
result of that procedural development preferably of his choice and any
of the court, which created the confession in violation of such shall be
necessity for the attorney and made inadmissible in evidence against him.
him an essential part of the judicial
machinery. Consequences of denial of right
The right of a litigant to counsel is a to counsel
recognition of the necessity that a The denial of such right, which may
litigant appear by counsel. either be the absence of assistance of
There can be no fair hearing unless a counsel or the inadequate and grossly
litigant is represented by counsel. negligent representation may
A court cannot compel a litigant to have
prosecute or defend his cause adverse results.
personally if he chose to appear by 1. Admission of guilt without
counsel, nor can it assign a counsel de counsel, inadmissible in evidence.
oficio for an accused and require said 2. Representation of a person
counsel to proceed with the trial when claiming to be a lawyer,
conviction shall be set aside and
the accused has previously manifested
a new trial undertaken.
his desire to secure the services of a
3. Judgment of conviction even if
counsel de parte.
final and executor may still be
SC subjects the lawyer to disciplinary
recalled.
action and administrative liability for his
4. Gross ignorance of law
failure to properly attend to the interest
and procedure by
of his client.
counsel gives the
accused another chance
Need for, and right to, counsel
to
Party litigant needs the assistance of
present his evidence.
counsel in al proceedings,
5. Litigation may be reopened if the
administrative, civil, or criminal.
incompetence, ignorance,
Not being a lawyer, he is ignorant of
or
the substantive and procedural laws
inexperience of counsel is
which are applied to resolve disputes.
so
Even if he is a lawyer, his personal or
great and error committed is so
emotional involvement may adversely
serious that the client
affect his handling of the case. Thus,
is prejudiced and
even lawyers who are parties in a case
denied his day in court.
need the guiding hand of counsel.
The need of a person for the assistance
When appearance by counsel
of counsel is felt more urgently in
criminal than in any other proceeding. not obligatory
In the Municipal Trial Court, a party
may conduct his litigation in person or
with the aid of an agent or friend
appointed by him or with an aid of an
attorney.
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 LEGALETHICS

In Regional Trial Court and Appellate due appreciation of their responsibilities

Courts, a party to a civil suit may either to the courts, to the clients, to the bar,
conduct his litigation personally or by and to the public
attorney unless the party is a juridical Supreme Court applied some of the
person. Canons in case of professional
In Administrative Proceedings, right to misconduct.
counsel is not indispensable to due The Integrated Bar of the Philippines
process. If a respondent had chosen to adopted in 1980 a proposed Code of
representhimself without counsel Professional Responsibility submitted to
cannot later claim denial of due the Supreme Court for approval.
process.
In 1988, the Supreme
Nothing in the Constitution that says
Court promulgated the Code of
that a party in a non-criminal Professional
proceeding is entitled to be represented
Responsibility.
by counsel.
The Code consists of 22 Canons and 77
The rule applies only in Civil and
Rules, divided into 4 Chapters:
Administrative cases. It does not apply
1. The Law and Society.
in cases involving grave and less grave
2. The Lawyer and the Legal
offenses where the accused must be
Profession.
represented by counsel and such right 3. The Lawyer and the Courts.
is not waivable. 4. The Lawyer and the Clients.
The Code establishes the norms
Canons of professional responsibility of conduct and ethical standards
A lawyer is answerable not only to his for all lawyers.
client but also to the court of which he Failure to live up to any of its provisions
is an officer. is ground for disciplinary action.
He should do nothing which may tend
Faithful observance requires a thorough
to lessen the public confidence in the
understanding of the Code.
fidelity, honesty, and integrity of the
legal profession.
Professional standards serve as the
lawyers chart and compass to resolve
difficult questions of duty and help
minimize ethical delinquencies.
In 1917, the Philippine Bar Association,
realizing that something more than the
Oath and Duties of a Lawyer was
needed to attain the full measure of
public respect, adopted as its own
Canons 1 to 32 of the Canonsof
Profession Ethics of the American Bar
Association.
In 1946, it again adopted as its own,
Canons 33 to 47.
Their enforcement by the courts and
observance by lawyers is indicative of a
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 LEGALETHICS

B. What are the causes

for disciplinary action
CHAPTER 2 ADMISSION TO against him.
PRACTICE C. Whether he should be disciplined,
suspended, disbarred,
A. JUDICIAL CONTROL or
reinstated.
Admission to practice is a judicial
function Any legislative or executive judgment
The power to admit applicants to the substituting that of the Supreme Court
practice of law is judicial in nature and in the admission to the practice of law
involves the exercise of judicial or suspension, debarment,
discretion. reinstatement infringes upon and
Traditionally exercised by the Supreme constitutes as an invalid exercise of the
Court as an inherent part of its judicial legislative or executive power.
power.
Rationale comes from the nature of a Legislative power to repeal, alter, or
judicial function and the role played by supplement
attorneys in the administration of The 1935 and 1973 Constitutions
justice. provide that the Supreme Court shall
have the power to promulgate rules
The admission to the practice of law concerning the admission to
requires: the
1. Previously established Rules and practice of law but may be repealed,
Principles. (By Constitutional altered, or supplemented by
mandate, a primary responsibility the
of the Supreme Court) Batasang Pambansa.
2. Concrete Facts, past or present, The 1987 Constitution deleted
affecting determinate individuals. such provision.
(Brought about by the applicant The legislature may, however, enact
for admission to the bar) laws with respect to the first requisite
3. A Decision as to whether the facts for the admission to the bar (Previously
are governed by rules and established Rules and Principles) that
principles. (Involves judicial applicants should observe.
adjudication which essentially a A. The legislature may pass a law
function of the court) for additional qualifications
for
To enable the court to properly candidates for admission to the
discharge its responsibility for the practice or filling up deficiencies
efficient and impartial administration in the requirements for admission
and to elevate and maintain the to the bar.
standard of the legal profession B. Such law may not, however, be
requires that it must have the primary given retroactive effect so as to
duty to decide: entitle a person, not otherwise
A. Who may be admitted to the bar qualified, to be admitted.
as one of its officers. C. Such law will not preclude the
Supreme Court from fixing other
qualifications and requirements.
Reason: Legislature has no power to
grant a layman the privilege to practice
law nor control the Supreme Court in its
9

responsibility to decide who may be
admitted.
The Legislature, in the exercise of its
POLICE POWER may, however, enact
laws regulating the practice of law
to protect the public and promote the
public welfare.
1. A law declaring illegal and
punishable the unauthorized
practice of law.
2. Require further examination for
any attorney desiring to practice
before any quasi-judicial or
administrative agency.
Whatever law may be passes is merely
in aid of the judicial power to regulate.
But the legislature MAY NOT pass a law
that will control the Supreme Court in
the performance of its function to
decide who may enjoy the privilege of
practicing law and any law of that kind
is unconstitutional as an invalid exercise
of legislative power.
RA 972 (the Bar Flunkers Act) aims to
admit to the Bar, those candidates who
suffered from insufficiency of reading
materials and inadequate preparation.
By its declared objective, the law is
contrary to public interest because it
qualifies 1,094 law graduates who
confessedly had inadequate preparation
for the practice of the profession, as
was exactly found by this Tribunal in
the aforesaid examinations. An
adequate legal preparation is one of the
vital requisites for the practice of law
that should be developed constantly
and maintained firmly.
Executive power in relation to practice
The Chief Executive cannot, by
executive order, admit a person to the
practice of law nor can he, by treaty
with another country, modify the rules
on the admission to the bar.
LEGALETHICS
A treaty, cannot be so interpreted as to
entitle a holder of a law degree
obtained in another country to practice
law in this country without complying
with the requirements of existing law.
Accordingly, a Filipino citizen
who obtained alaw
degree in another
country is not entitled to be admitted to
the Philippine Bar without complying
with the requirements.
Prescribing standards for law schools
CHED acts as an agency or in aid of the
Supreme Court in the exercise of its
primary authority to determine
who may be admitted to
practice since such authority is by
Constitutional mandate and rests and
remains exclusively with the high
tribunal.
CHED merely:
1. Exercises regulatory power over
law schools or certifies as to the
satisfactory completion of
the
prescribed courses of law study
by an applicant for admission to
the bar examination.
2. Assumes some responsibility for
the quality of instruction
and
training required of an applicant
for membership in the bar.
Supreme Court incidental
powers (Incidental to its
primary authority to decide who may
be admitted to the bar):
1. Fixing minimum standards
of instruction for all law
schools to observe.
2. Setting up of the necessary
administrative machinery
to
determine compliance therewith.
3. By way of sanction, refusal to
admit to the bar exams
law
graduates from schools failing to
meet those standards. May be
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 LEGALETHICS

implemented through of legal principles not possessed

accreditation. by ordinary layman.
3. Appearance for clients before
B. WHAT CONSTITUTES PRACTICE OF public tribunals.
LAW
When a person participates in a trial
Practice of Law, generally and advertises himself as a lawyer, he
General principles and doctrines laid is in the practice of law.
down by the courts explaining the Giving advice for compensation
meaning and scope of the term: regarding the legal status and rights of
1. To engage in the practice of law is another constitutes practice of law.
to do any of those acts which are One who renders an opinion as to the
characteristic of the legal proper interpretation of a statute and
profession. receives pay for it, is to that extent,
2. Any activity in or out of court practicing law.
which requires the application of
law, legal principle, practice or Engaging in the practice of
procedure and calls for legal law presupposes the
knowledge, training and existence of a lawyer- client
experience. (Cayetano vs relationship.
Monsod) Where a lawyer undertakes an activity
3. It is not limited to the conduct of without any such relationship, such as
cases in court. teaching law or writing law books or
4. Includes legal advice, counseling, legal articles cannot be said to
and the preparation of legal be
instruments and contracts by engaged in the practice of
which legal rights are secured, his profession as a lawyer.
which may or may not be pending
in court. Characteristics of term Practice of
5. Strictly speaking, the word Law
practice of law implies the The phrase practice of law implies
customary or habitual holding out customarily or habitually
of oneself to the public as a holding oneself out to
lawyer and demanding the public, as a lawyer,
compensation for his services. for compensation as a source of
[People vs. Villanueva 14 livelihood or in consideration of
SCRA 111] his
service
Three Principal Types of .
Professional Activities: Holding oneself out may be shown by
1. Legal advice and instructions to acts indicative of that purpose.
the clients to inform them of their Thus, a layman is illegally engaged in
rights and obligations. the practice when he sends a circular
2. Preparation for clients of announcing the establishment of a law
documents requiring knowledge office for the general practice of law, or
when the takes the oath of office as a
lawyer before a notary public and files a
manifestation with the Supreme Court
informing his intention to practice law.
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 LEGALETHICS

Private practice consists of frequent and 3. Preparation and filing of

customary actions, more than an a pleading, motion,
isolated appearance. memorandum, or brief.
It contemplates succession of acts of 4. Examination of witnesses
the same nature habitually and and presentation of
customarily holding oneself out to the evidence.
public as a lawyer. 5. Management and control of the
Isolated Appearance: proceedings in court.
A. A judge who is prohibited from
engaging in private practice of Representation before other agencies
law has not violated this Appearances before any quasi-judicial,
prohibition when he appeared as administrative, or legislative agency
counsel for his cousin pro bono in a constituting practice of law:
criminal case. 1. Interpretation and application of
B. Appearance as counsel in one laws.
occasion is notconclusive as 2. Presentation of evidence
determinative of engagement in to establish certain
the practice of law. facts.
C. Appearance of a city attorney as 3. Representing an applicant
private prosecutor not within the for registration of
prohibition. (People vs. trademark, trade
Villanueva) name, or service mark in the
Philippine Patent Office.
An isolated appearance may, 4. Advocating or resisting claims
however, amount to practice: before the NLRC, BoC, or BIR.
1. Legislator cannot appear as 5. Representing before a legislative
counsel before any court of body regarding a proposed
justice or Electoral Tribunals, or legislation or ordinance.
quasi-judicial and administrative
bodies even in a single instance. Character of the service and not the
2. A laymans representation as place where it is performed is
defense counsel in a criminal case the decisive factor determinative
is invalid and the conviction of of whether the service constitutes
the accused may be set aside, as practice of law.
violative of due process. Service to prepare and prosecute a just
claim before a quasi-judicial
Representation before the court or
Practice of law, as customarily administrative body same and
understood, means: legitimate as the service rendered in
1. Rendering of services to a court in arguing a cause.
person,natural or juridical, in
court on any matter through Activity outside of court
various stages and in accordance Practice of law also consists of work
with rules of procedure. performed outside of court:
2. Appearance before the court. o Giving legal advice on large
variety of subjects.
o Conveyancing and preparation
and execution of legal
instruments covering
an extensive field of
business and trust and other affairs.
12
 LEGALETHICS

No valid distinction can be drawn Any person who has been duly licensed
between part of the work involving as a member of the bar in accordance
appearance in court and that part with the statutory requirements and
involving advice and drafting of who is in good and regular standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory requirements:
services in litigations in court. A 1. Must have been admitted to the
persons past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must remain in
lawyer-entrepreneur of industry, good and regular standing
lawyer-negotiator of contracts, and (a
lawyer-legislator more than satisfy the continuing requirement).
constitutional requirement for
appointment as Chairman of the Must have been admitted to the bar. A
COMELEC that he has been engaged in
lawyer is one who:
the active practice of law for at least
1. Passed the bar exams.
ten years. (Cayetano v Monsod)
2. Taken the lawyers oath before
the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license to
practice law from the Clerk of
ESSENTIAL CRITERIA Court of the Supreme Court.
DETERMINATIVE 5. Furnished satisfactory proof or
OF ENGAGING IN THE PRACTICE OF educational, moral, and
LAW: (HACA) other
1. Habituality- implies customarily or qualifications.
habitually holding oneself out to the
public as a lawyer After Admission he or she must:
2. Compensation- implies that one 1. Remain an IBP member in
must have presented himself to be good standing by
in the active practice and that his regularly paying IBP
professional services are available to dues and other lawful assessments.
the public for compensation, as a 2. Pay annual privilege tax.
source of his livelihood or in
3. Faithfully observe the rules
consideration of his said services.
and ethics of the legal
3. Application of law, legal
profession.
principle, practice, or procedure
which calls for legal knowledge, 4. Be continually subjected to judicial
training and experience. disciplinary control.
4. Attorney-client relationship.
Compulsory membership to the IBP is
not violative of a lawyers freedom of
association. Integration does not make
C. WHO MAY PRACTICE LAW
a lawyer a member of any group of
which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. Bar
integration does not compel the lawyer
to associate with anyone. He is free to
Persons entitled to practice law, attend or not attend the meetings of his
generally Integrated Bar Chapter or vote or
13

refuse to vote in its elections as he
chooses. The only compulsion to which
he is subjected is the payment of annual
dues. The Supreme Court, in order to
further the States legitimate interest in
elevating the quality of
professional legal services, may require
that the cost of improving the
profession in this fashion be shared by
the subjects and beneficiaries of the
regulatory program the lawyers [In
re: Edillon A.M. 1928]
The rigid requirements and conditions
are designed to admit to its ranks only
those who are adequately prepared,
mentally and morally, to discharge the
duties of an attorney.
The purpose, in the final analysis, is to
protect the public, the court, the client,
and the bar from incompetence and
dishonesty of those who are unfit to
become members.
Only those who are competent,
honorable, and reliable may practice
law.
Right and Privilege to practice
The practice of law is not a natural,
property or constitutional right but a
mere privilege.
It is not a right granted to anyone who
demands it but a privilege to be
extended or withheld in the exercise of
sound judicial discretion.
It is in the nature of a franchise
conferred only for merit which must be
earned by hard study, learning and
good conduct.
It is a privilege accorded only to those
who measure up to certain rigid
standards of mental and moral fitness.
Those standards are neither dispensed
with nor lowered after admission.
LEGALETHICS
The attorneys continued enjoyment of
the privilege conferred depends upon
his complying with the ethics and rules
of the profession.
But practice of law is in the nature of a
right. While the practice of law is a
privilege, a lawyer cannot be prevented
from practicing law except for valid
reasons, the practice of law not being a
matter of states grace or favor.
He holds office during good behavior
and can only be deprived of it for
misconduct.
The state cannot exclude an attorney
from the practice of law in a manner or
for reasons that contravene the due
process or equal protection clause of
the Constitution.
A quasi-judicial or administrative
agency cannot restrict a lawyers
privilege to practice law by imposing
conditions that amount
to discrimination nor limit such
privilege by requiring the
passing ofan examination not
sanctioned by law as a prerequisite to
appearing before such agency.
In that sense, the practice of law is in
the nature of a right which cannot be
lightly or capriciously taken away from
him.
Practice without examination
Exceptions to the privilege afforded to
Filipino citizens who have passed the
bar exams to practice law:
A. Citizens of the United States who:
1. Before July 4, 1946, were
duly licensed members* of
the Philippine Bar.
2. In active practice in
the courts of the
Philippines.
14
 LEGALETHICS

3. In good and regular 3. In a criminal case before the

standing as such. MTC in a locality where a duly
4. Took the oath of office. licensed member of the Bar is not
*Pursuant to the comity clause of the then available, the judge may appoint a
Rules of Examination of Candidates for non-lawyer who is a resident of that
Admission to the Practice of Law in the US province, of good repute for probity
during the American Regime. and ability to represent the accused
B. Filipino citizens*, in the discretion in his defense. [Sec. 7, Rule 116]
of the Court may be admitted 4. Student Practice Rule - Alaw
without examination, who: student who has successfully
1. Are applicants for completed his 3rd year of
admission and are enrolled the regular 4-year prescribed
attorneys in good standing law curriculum and is
in the Supreme Court of enrolled in a recognized law
the United States or in any schools clinical legal education
circuit court of Appeals or program approved by the SC
district court therein, or in may appear without compensation
the highest court of any in any civil, criminal or
State or Territory of the administrative case before any trial
United States. court, tribunal, board or officer, to
2. Can show certificates that represent indigent clients
they have practiced before accepted by the Legal Clinic of the
July 4, 1946. school. [Sec. 1, Rule 138-A] The
3. Have never been student shall be under the direct
suspended or disbarred. supervision and control of a member
*Rule 138, Sec. 4, Rules of Court. of the IBP duly accredited by the law
school. [Sec. 2]
Practice without admission 5. Under the Labor Code
General Rule: Only those who are non- lawyers may appear
licensed to practice law can appear and before the NLRC
handle cases in court. or any Labor Arbiter if they
(a)represent themselves;
Exceptions: (b)represent their organization or
1. Before the MTC - a party may members thereof [Art.
conduct his case or litigation in 222,
person with the aid of an agent or PD 442]
friend appointed by him. [Sec. 34, 6. A non-lawyer or layman
Rule 138] may represent a claimant
before the Cadastral Court
2. Before any other court a party
[Sec. 9, Act. No.
may conduct his litigation
2259]
personally. [Sec. 34, Rule 138]. He is
7. Any official or other
bound by the same rules in
person appointedto appear
conducting the trial of his case. He
for the Government of
cannot, after judgment, claim that the Philippines in
he was not properly represented. accordance with law shall have all
the rights of a duly authorized
member of the bar in any case in
which said government has an
interest [Sec. 33, Rule 138].
15
 LEGALETHICS

Three Limitations in the appearance But it cannot practice law directly or

of a layman on behalf of another: indirectly by employing a lawyer
1. Layman should confine his work to practice for it or to appear
to non-adversary contentions. for others for its benefit.
Should not undertake purely legal Reasons:
worksuch as examination of 1. Nature of the privilege and on the
witnesses or presentation of confidential and trust relation
evidence. between attorney and client.
2. Services should not be habitually 2. The corporation (a juridical
rendered. person) cannot perform
3. Should not charge or collect the conditions
attorneys fees. required for
membership in the bar, such as
Right of party to represent himself the possession of good moral
In Civil Cases, individual litigant has character and other special
the right to conduct his litigation disqualifications, the taking of an
personally. oath and becoming an officer of
He will still be bound by the same rules the court, subject to its discipline,
of procedure and evidence as those suspension or removal.
applicable to a party appearing through 3. The relation of trust
counsel. and confidencecannot arise
He may not be heard to complain later where the attorney is
that he has been deprived of the right employed by a corporation to
to the assistance of counsel. practice for it, his employer and
In Criminal Cases involving grave and he owing, at best, a secondary
less grave offenses, an accused who is and divided loyalty to the
a layman must always appear by clientele of his corporate
counsel. He cannot conduct his own employer.
defense, as his right to counsel may not 4. The intervention of
be waived without violating his right to the corporation is
due process of law. destructive of that
By a Juridical Person: confidential and trust relation and
General Rule:Iit must always is obnoxious to the law.
appear in court by a duly licensed
member of the bar. Persons authorized to represent the
Exception: In the MTC, it may be government
represented by its agent or officer Any official or other person appointed
who need not be a lawyer. or designated in accordance with law to
appear for the government of the
Practice by Corporation Philippines or any of its officials shall
It is well settled that a corporation have all the rights of a duly authorized
CANNOT engage in the practice of law. member of the bar to appear in any
It may, however, hire an attorney to case in which the government has an
attend to and conduct its own legal interest, direct or indirect, or in which
business or affairs. such official is charged in his official
capacity. [Sec. 33, Rule 138].
Solicitor General, Assistant Solicitor
General, Solicitors and Trial Attorneys,

16

State Prosecutors, Special Counsel,
Special Prosecutor of the Ombudsman.
Three Instances when a lawyer cannot
practice:
1. Appearance of Parties in Person. -
In all katarungang pambarangay
proceedings, the parties must
appear in person without the
assistance of counsel or
representative, except for minors
and incompetents who may be
assisted by their next-of-kin who
are not lawyers. (SEC. 415. Local
Government Code)
2. Appearance through a bodies.
representative must be for a valid
cause. the representative of an
individual-party must not be a
lawyer, and must be related to or
next-of-skin of the individual-
party. juridical entities shall not
be represented by a lawyer in any
capacity. (A. M. No. 08-8-7-SC,
RULE OF PROCEDURE FOR SMALL
CLAIMS CASES)
3. 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. (Rule 6.03, CANON
6)
Disability of Public Officials to practice
Appointment or Election to a
government office disqualifies one to
practice law.
1. Public office is a Public Trust.
Obliged to perform duties with
exclusive fidelity.
2. Avoid conflict of interests.
3. Assure the people of impartiality in
the performance of public
functions, thereby promote the
public welfare.
LEGALETHICS
When any of the public officials are
absolutely prohibited, they cease, as a
general rule, to engage in private
practice of law and the right to practice
is suspended during tenure of office.
Lawyer member of the Legislature not
absolutely prohibited.
Prohibited only from appearing
as
counsel in:
1. Any court of justice.
2. Electoral Tribunals.
3. Quasi-Judicial or Administrative
What is prohibited is to personally
appear.
The word appearance includes:
1. Arguing a case before any such
body.
2. Filing a pleading on behalf of a
client as by simply filing a formal
motion, plea or answer.
Neither can he allow his name
to
appear in such pleading by itself or as
part of a firm name under the signature
of another qualified lawyer because the
signature of an agent amounts
to
signing of a non-qualified senator or
congressman, the office of an attorney
being originally of agency, and because
he will, by such act, be appearing in
court or quasi-judicial or administrative
body in violation of the constitutional
restriction.
He cannot do indirectly what
the
Constitution prohibits directly.
RESTRICTIONS IN THE PRACTICE OF
LAW OF THE MEMBERS OF THE
SANGGUNIAN
They shall not:
1. Appear as counsel before any
court in any civil case wherein a
local government unit or any
17

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 feefor their
appearance in administrative
proceedings involving the local
government unit of which he is an
official. [Sec. 90, R.A. 7160]
4. Use property and personnel of
the government except when the
Sanggunian member concerned is
defending the interest of the
government
However, Sanggunian members may
practice their professions, engage in
any occupation, teach in schools
except during session hours.
WHO MAY NOT PRACTICE LAW?
Relative Prohibition
1. Senators and members of the
House of Representatives
(prohibition to appear)
2. Members of the Sanggunian.
Absolute Prohibition
1. All members of the Judiciary
2. Judges and other officials as
employees of the Supreme Court.
3. Government prosecutors.
4. President, Vice President,
members of the cabinet.
5. Members of Constitutional
Commissions.
6. Ombudsman and his deputies.
7. Solicitor General and Assistant
Solicitor General
8. All governors, city and municipal
mayors.
LEGALETHICS
9. Those prohibited by special laws
retired members of
the judiciary.
A Civil Service Officer can engage in the
practice of law only if:
1. The officers responsibilities
do not require his time to be
fully at
the disposal of the government.
2. With written permission from the
head of the department
concerned.
A punong barangay needs to obtain
written permission from the Secretary
of the DILG to appear as counsel.
Liability for unauthorized practice
Any person prohibited from engaging in
the practice of law or assumes to be an
attorney is liable for contempt of court,
punishable by fine or imprisonment or
both.
Liable for Estafa, defrauds the litigant:
1. If such unauthorized practice
causes damage to a party.
2. False representation and
rendering service in court
in behalf of litigant.
Criminal and Administrative Liability for
government officials prohibited from
practicing law when doing such.
Remedies against unauthorized
practice
1. Injunction.
2. Declaratory Relief.
3. Contempt of Court.
4. Petition for Disqualification.
5. Complaint for Disbarment.
6. Administrative complaint for public
officer.
7. Criminal complaint for Estafa
18
 LEGALETHICS

D. QUALIFICATIONS FOR ADMISSION Public Policy demands that a person

seeking admission to the practice of law
REQUIREMENTS FOR ADMISSION TO must
THE BAR: 1. Possess the required educational
1. Citizen of the Philippines. qualifications.
2. Resident of the Philippines 2. Show a degree of learning and
3. At least 21 years old proficiency in law necessary for
4. Successfully completed all prescribed the due performance of the duties
courses. of a lawyer.
5. Passed the bar exams. To the lawyer is entrusted
6. Production before the Supreme the protection of life, liberty,
Court satisfactory evidence of: property, or
a. Good moral character honor.
b. No charges against him, To approve officially one who is not
involving moral turpitude, adequately prepared to such a delicate
have been filed or are pending task is to create a social danger.
in any court in the Philippines.
Bar Examination
Citizenship and Residence Subjects chosen for these exams are
Privilege denied to foreigners. designed to eliminate any one whose
Takes into account the close connection general intelligence, learning,
of the practice of law with the and
administration of justice. mental capacity are inadequate
An alien cannot well maintain allegiance to enable him to assume and
to the Republic of the Philippines, which discharge the duties of an attorney.
is required in the Oath of a Lawyer. Passing Grade: A general average of
75% in all subjects without falling
Good Moral Character below 50% in any subject.
Continued possession of good moral In determining the average, the
character after admission is a subjects given the following relative
requirement for enjoyment of privilege weights:
to practice. 1. Civil Law 15%
Moral character is what a person really 2. Labor and Social Legislation 10%
is as distinguished from good reputation 3. Mercantile Law 15%
or opinion generally entertained of him. 4. Criminal Law 10%
Includes at least common honesty. 5. Political and International Law
Opposite of immorality, which is the 15
indifference to the moral norms of %
society. 6. Taxation 10%
This requirement aims to maintain and 7. Remedial Law 20%
uphold the high moral standard and the 8. Legal Ethics and Practical
dignity of the legal profession. Exercises 5%

Educational qualifications A candidate who fails for three times is

disqualified from taking another
examination, unless he has shown to
the satisfaction of the Court that he
has:

19

1. Enrolled and passed regular
fourth year review classes;
2. Attended a pre-bar review
course.
E. PROCEDURE FOR ADMISSION
Bar Examination Committee
Examinations shall be conducted by a
committee of bar examiners to be
appointed by the Supreme Court. This
committee shall be composed of:
1. A Justice of the Supreme Court,
as chairman and designated by
the court to serve for one year.
2. Eight (8) members of the
Philippine bar, who shall serve as
examiners in the 8 bar subjects
and hold office for a period of one
year.
3. Bar Confidant as liaison officer
between the Court and Chairman
and the Committee members.
Also a deputy clerk of court.
Application and supporting documents
Time for filing proof of qualifications.
All applicants for admission shall file
with the clerk of the Supreme Court a
duly accomplished application form
together with supporting documents
concerning his qualifications at least 15
days before the beginning of the
examination.
Applicants shall also file at the same
time their own affidavits as to their age,
residence, and citizenship. (Rule 138,
Sec. 7)
Notice of applications.Notice of
applications for admission shall be
published by the clerk of the Supreme
Court in newspapers published in
Pilipino, English and Spanish, for at
least 10 days before the beginning of
the examination. (Rule 138, sec. 8)
LEGALETHICS
American lawyers in active practice of
law in the Philippines before July 4,
1946 or a Filipino citizen enrolled as
attorney in the United States before
July 4, 1946, who desires admission
without examination should:
1. File a petition with the
Court along with his
2. License to practice
3. Evidence that it has not been
revoked
4. Certificates of professional
standing.
Disclosure of involvement in
any criminal case
Applicant must show that no charges
against him involving moral turpitude
have been filed or pending in court in
the Philippines (Rule 138, Sec 2, Rules
of Court)
To enable the court to resolve whether
a particular crime involves moral
turpitude, applicant must disclose any
crime of which he has been charged.
If what has been concealed does not
involve moral turpitude, it is the fact of
concealment and not the commission of
the crime itself that makes him morally
unfit.
Burden of proof to show qualifications
Applicant assumes the burden of proof
to establish his qualifications to the
satisfaction of the court.
After having presented prima
facie evidence of his
qualifications, any one objecting to his
admission may offer contrary evidence
to overcome such prima
facie showing. Burden of proof shifts to
the complainant.
Written examinations
Annual examination.
20
 LEGALETHICS

o Examinations for admission to the 4. To keep the examinees identity a

bar of the Philippines shall take secret and thus avoid any influence
place annually in the City of to bear upon the examiner in the
Manila. valuation of his answers:
o They shall be held in four days to a. The exam papers shall
be designated by the chairman of be identified by numbers.
the committee on bar examiners. b. The name of the examinee is
o The subjects shall be distributed
written in a piece of paper and
as follows:
sealed in an envelope.
1. 1st day: Political and
5. Any candidate who violates any of
International Law
the rules concerning the conduct of
(morning), Labor and
Social Legislation examination will be barred from
(afternoon); taking such and the same will be
2. 2nd day: Civil Law counted as a failure against him.
(morning),Taxation
(afternoon); The conduct of the bar exams involves
3. 3rd day: Mercantile Law public interest.
(morning) Criminal Law Any charge of anomaly requires prompt
(afternoon); action from the Court to prevent
4. 4th day: Remedial Law erosion of public faith in the bar and in
(morning) Legal Ethics and the court.
Practical Exercises
(afternoon). (Rule 138, Correction and revaluation of grades
sec. 11.) The bar examiners correct
the examination papers
The questions shall be the same for all and submit the grades and
examinees. corrected papers to the bar confidant.
Examinees shall answer the questions The bar confidant tallies the individual
personally without help from anyone. grades of every examinee, computes
Upon verified application made by an the general average, and prepares a
examinee stating that his penmanship comparative data showing
is so poor that it will be difficult to read the percentage of
his answers without much loss of time, passing and failing in relation to a
the Supreme Court may allow such certain average.
examinee to use a noiseless typewriter. Results are submitted to
the Examination Committee
and to the Court.
Restrictions to insure integrity in
examination
Any request for revaluation of
1. An examinee is prohibited from
the answers and the grades given
bringing papers, books or notes into
should be made by the examinee
the examination room.
addressed to the Court.
2. He is not to communicate with the
other examinees during the exam.
3. He is not to influence any member of Administration of Oath
the committee on bar exams.
21
 LEGALETHICS

Qualified applicants shall take and weighhis actions according to

subscribe to the Oath of Office as a the sworn promises he makes when
Lawyer. taking the lawyers oath. If
A prerequisite to the admission of all lawyers conducted
practice of law and may only be taken themselves strictly according to the
before the Supreme Court. lawyers oath and the Code of
The court may deny the petition to take Professional responsibility,
the lawyers oath for: the administration of justice
o Grave misconduct; will undoubtedly fairer,
o Pending complaint against the faster and easier for everyone
applicant concerned. (In Re:
Argosino, 270 SCRA 26)
LAWYERS OATH (MEMORIZE!!)
By taking the lawyers oath, a lawyer
I , do solemnly swear that I will becomes the guardian of truth and the
maintain allegiance to the Republic of the rule of law and an indispensable
Philippines; instrument in the fair and impartial
administration of justice. Good moral
I will support and defend its Constitution character includes at least common
and obey the laws as well as the legal honesty. Deception and other
orders of the duly constituted authorities fraudulent acts are not merely
therein; unacceptable practices that are
disgraceful and dishonorable, they
reveal a basic moral flaw. (Olbes vs.
I will do no falsehood nor consent to its
Deciembre, 457 SCRA 341)
commission;
Issuance of Certificate
I will not wittingly or willingly promote or
After taking oath, the Supreme Court
sue any groundless, false or unlawful suit
admits him as a member of the bar for
nor give aid nor consent to the same;
all courts of the Philippines.
An order be entered that a certificate of
I will not delay any mans cause for money
such record be given him by the clerk of
or malice and will conduct myself as a
court.
lawyer according to the best of my
Such certificate is his license to practice
knowledge and discretion with all good
law.
fidelity as well to the court as to my
clients; and Thereafter, he signs the roll
of attorneys, which is the
I will impose upon myself this obligation official record
voluntarily, without any mental reservation containing the names and signatures of
or purpose of evasion. those who are authorized to practice
law
So help me God. .

The lawyers oath is not a mere
ceremony or formality for practicing
law. Every lawyer should at all times
Payment of IBP dues and privilege tax
Membership by every attorney in the
IBP is compulsory.
Obligation to support it financially.
o Every member of the Integrated
Bar shall pay such annual dues as
the Board of Governors shall
22
 LEGALETHICS

determine with the approval of

the Supreme Court.
o Default in payment for 6 months
shall warrant suspension.
o Default in such payment for 1
year shall be a ground
for
removal of the name of
the delinquent member
from the Roll of Attorneys.
o However, no action involving
suspension or removal from the
roll shall be effective without final
approval of the Supreme Court.

Conditions sine qua non to the privilege

to practice law and to the retention of
his name in the roll of attorneys :
1. Continued membership
2. Regularly paying membership
dues and other
lawful assessments that
it may levy.

A lawyer must comply with

the requirement regarding
payment of membership even
though his practice is
limited.
The exemption from payment
of individual income taxes
for senior
citizens does not include payment of
IBP membership dues.
23

CHAPTER 3 LAWYE R S
DUTIES TO SOCIETY
MEMORY AID FOR CANONS UNDER
THIS SECTION:
1. Promote and Respect the Law and Legal
Process (Canon 1)
2. Provide Efficient and Convenient Legal
Services (Canon 2)
3. Information on Legal Services that is
true, Honest, Fair and Dignified (Canon
3)
4. Support for Legal Reforms and
Administration of Justice (Canon 4)
5. Participate in Legal Education Program
(Canon 5)
6. Applies to Lawyers in Government
Service (Canon 6)
CANON 1: A lawyer shall uphold the
constitution, obey the laws of the land and
promote respect for law and legal process.
Rule 1.01. A lawyer shall not
engagein unlawful, dishonest,
immoral or deceitful conduct.
Rule 1.02. A lawyer shall not
counsel or abet activities aimed at
defiance of the law or at lessening
confidence in the legal profession.
Rule 1.03. A lawyer shall not, for
any corrupt motive or interest,
encourage any suit or delay any
mans 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
LEGALETHICS
A. UPHOLDING THE CONSTITUTION
AND THE LAW
Duty to uphold the Constitution and
obey the law
First and foremost duty of a lawyer is
to:
1. Maintain allegiance to the
Republic of the Philippines;
2. Uphold the Constitution and
3. Obey the laws of the land.
Code of Professional Responsibility
underscores the primacy of such duty.
Canon 1: A lawyer shall uphold
the Constitution, obey the laws of
the land, and promote respect for
law and legal processes.
Role of lawyers in the community:
While the duty to uphold the
Constitution and obey the law is
an obligation imposed on every
citizen, a lawyer assumes
responsibilities well beyond the
basic requirements of good
citizenship.
As a servant of the law, a lawyer
should moreover make himself an
example for others to emulate.
Being a lawyer, he is supposed to
be a model in the community in
so far as respect for the law is
concerned.
A lawyers responsibilities are greater
than those of a private citizen.
He must not subvert the law by
counseling in activities which are in
defiance of the law.
He should not allow his services to be
engaged by an organization whose
members are violating the law,
to
defend them when they get caught.
Duty not to engage in unlawful
conduct
24

Canon 1, Rule 1.01. A lawyer shall not
engage in unlawful, dishonest, immoral
or deceitful conduct.
As servant of the law, a lawyer should
moreover make himself an exemplar for
others to emulate.
Duty to obey the law and promote
respect for law and legal processes
demands that he shall not engage in
unlawful, dishonest, and immoral, or
deceitful conduct.
Unlawful conduct is an act or omission
which is against the law.
Dishonesty involves lying or cheating.
Immoral or deceitful conduct is that
which is willful, flagrant or shameless
and which shows a moral indifference to
the opinion of the good and respectable
members of the community.
Moral turpitude includes everything
which is done contrary to justice,
honesty, modesty, or good morals. It
involves an act of baseness, vileness, or
depravity in the private duties which a
man owed his fellowmen, or to society
in general, contrary to the accepted and
customary rule of right and duty
between man and woman, or conduct
contrary to justice, honesty, modesty,
or good morals.
Duty not to counsel illegal activities
Canon1, Rule 1.02. A lawyer shall not
counsel or abet activities aimed at
defiance of the law or at lessening
confidence in the legal profession.
A lawyer who defies a writ or
preliminary injunction has flouted his
duties as a lawyer.
He should not promote an organization
known to be violating the law nor assist it
in a scheme which he knows is
dishonest
LEGALETHICS
He should not allow his services to be
engaged by an organization whose
member as violating the law, to defend
them when they get caught.
The Supreme Court will not denounce
criticismmade by anyone against the
Court for, if well founded, can truly
have constructive effects in the task of
the Court, but it will not countenance
any wrongdoing nor allow the erosion of
our peoples faith in the judicial system,
let alone, by those who have been
privileged by it to practise law in the
Philippines. (Estrada
v. Sandiganbayan,
416 SCRA
465 (2003))
Terrel was found guilty of malpractice
or gross misconduct for assisting in the
establishment and acting as counsel for
the Centro Bellas Artes Club, an
organization intending to evade
the practice of law. (In Re Terrel
(1903))
Duty not to encourage lawsuits
Rule 1.03. A lawyer shall not, for any
corrupt motive or interest, encourage
any suit or delay any mans cause.
Among the unprofessional acts which
come within the prohibition include the
lawyers:
1. Volunteering advice to bring
lawsuit, except in rare
cases where ties of
blood, relationship, or trust.
2. Hunting up defects in titles or
other causes of action.
3. Seeking out claims for personal
injuries or those having any other
grounds of action to secure them
as clients.
4. Initiating a meeting of
the members of a
club and inducing
25
 LEGALETHICS

them to organize and contest a fees which are often considerably less
legislation under his guidance. when the cause is amicably settled. The
5. Purchasing notes to collect them problem of conflict of interests must be
by litigation at a profit. resolved against self-interest.

Purpose of the prohibition: To prevent Parties to an amicable settlement enjoy

ambulance chasing - solicitation of
almost any kind of legal business by
laymen employed by an attorney for
the purpose or by the attorney himself.
Ambulance chasing has spawned
recognized evils and is prohibited
because:
1. It stirs up litigation with resulting
burdens on courts and the public;
2. Supports perjury.
3. Defrauds innocent persons by
judgments, upon manufactured
causes of actions.
4. Defrauds injured persons having
proper causes of action but
ignorant of legal rights and court
procedure by means of contracts
which retain exorbitant expenses
and by settlement made for quick
returns of fees against the rights
of the injured persons.
benefits better than those which can
legally be secured to them by judicial
procedure.
Litigation involves time, expense, and ill
feelings, which may well be avoided by
the settlement of the action.
A compromise or even a confession of
judgment will:
1. Accord respect to the just claim
of the other party;
2. Save the client additional
expenses;
3. Help prevent clogging of
the docket.

Duty to encourage amicable

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

The function of a lawyer is not only to

conduct litigation but to avoid it where
possible, by advising settlement
or withholding suit.
He/she must act as mediator
for compromise rather than
an instigator and conflict.
What sometimes beclouds a lawyers
judgment as to what is best for his
client is his/her eye on the attorneys
26

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 latters rights.
Rule 2.03. A lawyer shall not do or
permit to be done any act designed
to primarily solicit legal business.
Rule 2.04. A lawyer shallnot
charge rates lower than those
customarily prescribed unless the
circumstances so warrant.
B. MAKING LEGAL SERVICES
AVAILABLE
Generally
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 lawyer who is qualified to provide
efficient legal services should make
available such services to those who are
in need thereof.
IBP Committee that drafted the Code
explained: A person in need of legal
services should be able to find a lawyer
who is qualified to provide them. It is
LEGALETHICS
the responsibility of the bar to make
such services available.
A wide gap exists between the need
and its satisfaction. This has been
mainly ascribed mainly to 2 reasons:
1. Poverty and the consequent
inability to pay.
2. Ignorance not only of the need of
legal services but also of where to
find a competent and dependable
lawyer.
A lawyer shall not reject the cause of
the defenseless
Rule 2.01. A lawyer shall not reject,
except for valid reasons, the cause of
the defenseless or the oppressed.
Stems from one of the obligations
incident to the status and privileges of a
lawyer To represent the poor and
oppressed in the prosecution of their
claims or the defense of their rights.
Even in those instances in which he
may not, for valid reasons, accept the
case, the lawyer shall not refuse to
render legal advice to the person
concerned if only to the extent
necessary to safeguard the latters
rights. (Rule 2.02.)
The duty of a lawyer to accept the
cause of the defenseless and
the oppressed empowers
the court to require
him to render professional
services to any party in a case, if the
party is without means to employ an
attorney and the services of a lawyer
are necessary to protect the rights of
such party or secure the ends of justice.
To designate him as counsel de oficio
for an accused if the latter is unable to
employ a counsel de parte.
The lawyer so assigned has to render
effective legal services, under the pain
of disciplinary sanction should he fail or
27

neglect to do so, until he is excused
therefrom by the court.
Every lawyer should:
1. Welcome the assignment as an
opportunity to render public
service;
2. Show that the practice of law is a
profession; and
3. Demonstrate that the efficient
discharge of his duties does not
depend upon payment or amount
of fees.
The Integrated Bar of the Philippines
through its Committee on Legal Aid has
established legal aid offices throughout
the country.
Its objective is to provide on a
nationwide basis legal services in favor
of the poor segment of society.
Their policy is that legal aid is not a
matter of charity. It is a means for the
correction of social imbalance that may
and often do lead to injustice, which
makes it a public responsibility of the
Bar.
A lawyer shall not refuse to render
legal advice
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.
GENERAL RULE: A lawyer may refuse
to accept the cause of the defenseless
or the oppressed. A lawyer is not
obliged
to act as legal counsel for any person who
may wish to become his client.
EXCEPTIONS:
1. A lawyer shall not refuse his services
to the needy.
LEGALETHICS
2. He shall not decline to represent a
person solely on account of
the latters race, sex, creed
or status of life or because of his
own opinion regarding the guilt of
said person. (Canon 14, Rule
14.01)
3. If there isserious and sufficient
cause, an appointment as counsel de
oficio or as amici curiae, or a request
from the Integrated Bar of
the Philippines or any of its
chapters for rendition of free legal
aid. (Canon
14, Rule 14.02)
EXCEPTION TO THE EXCEPTION: A
lawyer may refuse to accept
representation of an indigent client if:
a. He is not in a position to carry
out the work effectively
or
competently;
b. He labors under a conflict
of interests between him and
the prospective client or
between a present client and the
prospective client. (Canon 14,
Rule 14.03)
A valid reason to refuse is when the
lawyer is not in a position to carry out
the work effectively and competently.
However he shall still render legal
advice (such as those pertaining
to preliminary steps a person
can take).
But he shall refrain from giving legal
advice if the reason for not accepting
the case is that there involves a conflict
of interest (between him and
a prospective client or between a
present client and a prospective client).
In the case mentioned above, rendering
legal advice to the prospective client
will establish an attorney-client
relationship between them and this will
constitute a violation of the rule
prohibiting a lawyer from representing
conflicting interests. (Canon 15, Rule
15.03
)
28

Participating in legal development
CANON 5: A lawyer shall keep abreast of
legal developments, participate in
continuing legal education programs,
support efforts to achieve highest
standards in law schools as well as in the
practical training of law students and assist
in disseminating information regarding law
and jurisprudence.
It is the bounden duty of counsel in the
active practice to keep abreast of
decisions of the Supreme Court and
changes in the law.
It is imperative that judges should be
conversant with basic legal principles
and with the changes in the law and
with the latest decisions and
precedents.
For service in the judiciary and being in
the active practice of law require
continuous study and research on the
law from beginning to end.
Legal education should be a continuing
concern.
After admission to practice, a lawyer
incurs a three-fold obligation:
1. He owes it to himself to continue
improving his knowledge of the
law.
2. He owes it to his profession to
take an active interest in the
maintenance of high standards of
legal obligation.
3. He owes it to the lay public to
make the law a part of its social
consciousness.
Mandatory Continuing Legal Education
(MCLE)
Members of the IBP, except those
exempt under Rule 7 of Bar Matter No.
LEGALETHICS
850 (Mandatory Continuing Legal
Education), are required every 3 years
to complete at least 36 hours
of continuing legal education
activities, with appropriate penalties
for failure to do so.
C. APPLICABILITY OF CODE TO
GOVERNMENT LAWYERS
CANON 6. These Canons shall apply to
lawyers in government service in
the discharge of their official
duties.
Rule 6.01. The primary duty of a
lawyer 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 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.
Code is applicable to government
lawyers
Canon 6 makes the Code of Professional
Responsibility applicable to lawyers in
government service in the discharge of
their official duties.
29
 LEGALETHICS

The reason for the rule is that a lawyer Rule 6.01. The primary duty of
does not shed his professional a lawyer in public prosecution is
obligations upon assuming public office. not to convict but to see that justice is
In fact, his professional obligations done. The suppression of factsor
should make him more sensitive to his the concealment of witnesses
official obligations because a lawyers capable of establishing the innocence
disreputable conduct is more likely to of the accused is highly
be magnified in the public eye. reprehensible and is cause for
disciplinary action.
As government counsel, they have the
added duty to abide by the policy of the A public prosecutor is a quasi-judicial
State to promote a high standard of officer who represents, not an ordinary
ethics in public service. party to a controversy, but sovereignty.
As part of the government bureaucracy, it This sovereignty has its obligation to
is incumbent upon lawyers to perform govern impartially. Therefore,
and discharge their duties with the the interest in a criminal
highest degree of professionalism, prosecution is not that it shall win a
intelligence, and skill, and to extend case but that justice shall be done.
prompt, courteous, and adequate
service to the public. A public prosecutor should not hesitate
to recommend to the court the acquittal
Fundamental principle in public law: of the accused if the evidence in his
Public office is a public trust. possession shows that the accused is
A public servant owes utmost fidelity to innocent.
the public service. If he finds no legal basis to sustain a
Norms of conduct required of public conviction, he should not hesitate to
officials: recommend that the accused
be acquitted.
1. Uphold the public interest over
For his finest hour is not when he wins
and above personal interest.
a case with the conviction of
2. Discharge their duties with the
the accused. His finest hour is still
highest degree of excellence,
when, overcoming the advocates
professionalism, intelligence, and natural obsession for victory, he
skill. stands up before the court and
3. Act with justness and sincerity. pleads not for the conviction of the
4. Provide service without accused but for his acquittal. For
discrimination. indeed, his noble task is to prosecute
5. Extend prompt, courteous, and only the guilty and to protect the
adequate service to the public. innocent.
6. Be loyal to the Republic.
7. Commit themselves to democratic Restrictions on the functions of public
way of life and values. prosecutor
8. Live modest lives. Public prosecutors should not
allow giving the impression that
A prosecutor shall see to it that justice their noble
is done office is being used, wittingly
or unwittingly, for political ends
or other
purposes alien to the basic objective of
serving the interests of justice
30

evenhandedly, without fear or favor to
any and all litigants, whether rich or
poor, weak or strong, powerless or
mighty.
It is his duty to refrain from improper
methods calculated to produce a prosecution of the offense. (Rule 110,
wrongful conviction.
He should not offer as proof of the guilt
of the accused which is illegally seized.
Nor suppress facts or conceal witnesses
capable of establishing the innocence of
the accused.
It is improper for a public prosecutor
to:
1. Assist in the escape of a prisoner.
2. Institute a criminal action to force
settlement of a case.
3. Agree to refrain from prosecuting
a person in consideration of some
reward.
4. Receive money for dismissing a
complaint.
5. Induce an accused to plead
guilty.
6. Willfully fail to prosecute
violations of law.
7. Have a secret partner with whom
he divides the attorneys fees.
In appeals, the Solicitor General has
control
GENERAL RULE: The Solicitor General
shall represent the People in criminal
actions brought to the Court of Appeals
and the Supreme Court.
EXCEPTION: In all cases elevated to the
Sandiganbayan and from there to the
Supreme Court, the Office of the
Ombudsman, through its special
prosecutor, shall represent the People.
9RA 8249)
EXCEPTION TO THE EXCEPTION: Cases
filed pursuant to Executive Order Nos.
1, 2, 14, and 14-A issued in 1986.
LEGALETHICS
Role of the private prosecutor
GENERAL RULE: Where the civil action
for recovery of civil liability is instituted
in the criminal action, the offended
party may intervene by counsel in the
Sec. 16. Rules of Court)
EXCEPTIONS: Public prosecutor
has direction and control
of the prosecution:
1. Where from the nature of the
crime and the law defining and
punishing it, no civil liability
arises in favor of a private
offended party.
2. In cases where from the nature of
the offense, the offended party is
entitled to civil indemnity arising
therefrom but he has:
a. Waived the civil action or
b. Expressly reserved
the right to
institute
it separately
from the criminal action.
The role of the private prosecutor in
criminal actions is to represent
the private offended party
with respect to the civil action for the
recovery of civil liability arising from the
offense.
His sole purpose is to enforce the civil
liability and not to demand
the punishment of the accused.
Intervention by private lawyer
is subject to
prosecutors control
The intervention of the private
prosecutor in the criminal prosecution is
always subject to the direction and
control of the public prosecutor.
Public prosecutor is duty bound to take
charge of the prosecution until
its termination.
While he may allow the private
prosecutor to actively handle
the
31

conduct of the trial, his duty to direct
and control requires that:
1. He must be present during the
proceedings.
2. He must at any time, take over
the conduct of the trial from the
private prosecutor.
Where the prosecutor turned over the
active conduct of the trial to the private
prosecutor who presented testimonial
evidence evenwhen the public
prosecutor was absent during the trial,
the evidence presented could not be
considered as valid evidence of the
People of the Philippines.
However, it applies only to courts which
are provided by law with their own
prosecutors, and not to Municipal Trial
Courts which have no trial prosecutors.
A private prosecutor taking overa
criminal action cannot take a stand
different from or opposed to that of the
public prosecutor or cannot adopt a
stand inconsistent with that of the
Solicitor General, otherwise it would be
tantamount to giving him the direction
and control of the criminal proceedings,
contrary to law and settled rules on the
matter.
When the public prosecutor should
take over handling of the case
A public prosecutor should not allow the
trial in the hands of a private
prosecutor to degenerate into a private
prosecution.
The administration of criminal law
should never be for the accomplishment
of a private gain or advantage nor it be
a vehicle of oppression for the
gratification of private malice.
A lawyer shall not use his public
position to promote his private
interest
LEGALETHICS
Rule 6.02. A lawyer in 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.
If the law allows a public official to
practice law concurrently, he must not
use his public position to feather his law
practice.
Neither should he accept any private
legal business in which his duty to his
client will or may conflict with
his official duties, and if some
unforeseen conflict with his official
duties arises he should terminate
his professional relationship.
A public official should see to it that his
private activity does not interfere with
the discharge of his official functions.
He should avoid all impropriety and the
appearance of impropriety.
Neither should he inferentially create a
public image that he is utilizing his
public position to advance
his professional success
or personal interest at the
expense of the public.
RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
Employees.
Sec. 7(b). In addition to acts and
omissions of public officials and employees
not prescribed in the Constitution and
existing laws, the following shall constitute
prohibited acts and transactions of any
public official and employee and are
hereby declared to be
unlawful:
(b) Outside employment and other
activities related thereto.Public officials
and employees during their incumbency
shall not:
1. Own, control, manage or accept
employment as officer employee,
32
 LEGALETHICS

consultant, counsel, broker, agent, The Court ruled that ATty Mendoza could
trustee or nominee / in any private not be disqualified from representing the
enterprise regulated, supervised or LGC. The Court explained:
licensed by their office / unless The key to unlock Rule 6.03 lies in
expressly allowed by law; comprehending.
2. Engage in the private practice of 1. The meaning of matter
their profession unless authorized by referred to in the rules.
the Constitution or law, provided 2. The metes and bounds of the
that such practice will not conflict or intervention made by
tend to conflict with their official the former
functions; or government lawyer on the
3. Recommend any person to any matter.
position in a private enterprise which The American Bar Association, in its
has a regular or pending official Formal Opinion 342, defined matter
transaction with their office. as
:
o Any discrete, isolatable act as
Former official may not accept certain well as identifiable transaction
employment and not merely an act
Rule 6.03. A lawyer shall not, after of drafting, enforcing
leaving government service, accept or interpreting
engagement or employment in government or agency
connection with any matter in which he procedures, regulations
had intervened while in said service. or laws, or briefing abstract
principles of law.
The matter or the act of
The restriction covers engagement and
Atty.
employment, whichmeans that he
cannot accept any work or employment Mendoza as Solicitor General
from anyone that will involve or relate is
to the matter in which he intervened as a advising the Central Bank on how to
public official, except on behalf of the proceed with Genbanks liquidation is
body or authority which he served held not to be the matter
during his public employment. contemplated by Rule 6.03.
Clearly, ABA Formal Opinion
PCGG v. Sandiganbayan, 455 SCRA 342
stresses that Atty. Mendozas acts did
526 (2005)):
not fall within the scope of the term
PCGG seeks to disqualify Atty. Estelito
matter.
Mendoza as counsel for the Lucio Group of
It is given that respondent Mendoza
Companies in the suit involving the
sequestration of shares of stock of the LGC had nothing to do with the decision of
as alleged ill-gotten wealth, on the ground the Central Bank to liquidate Genbank
that as formerSolicitor General, he and did not even participate in the sale
intervened in the matter of the liquidation of Genbank to Allied Bank.
of Genbank, which was subsequently The matter which he got himself
purchased by LGC. involved was informing the Central
bank on the procedure by law
to
liquidate Genbank.
It is not the same as the subject
matter of the civil case
of sequestration of stocks owned by Tan in
Allied Bank on the alleged ground that

33
 LEGALETHICS

they are ill-gotten. This case does not

involve the liquidation of Genbank.
Whether the shares of stock of Allied
Bank are ill-gotten is far removed from
the issue of the dissolution and
liquidation of Genbank.

Intervention is interference that

may affect the interest of
and influence others. Intervention must not
be insubstantial and insignificant.

Substantial responsibility is required by

the prohibition.

In interpreting Rule 6.03, the Court also

cast a harsh eye on its use as a litigation
tactic to harass opposing counsel as well
as deprive his client of competent legal
representation.

In the case at bar, the new attempt to

disqualify respondent Mendoza has long
been a dead issue, resuscitated after the
lapse of many years and only after PCGG
has lost many legal incidents in the hands
of the respondent.

It is also submitted that the Court should

apply Rule 6.03 in all its strictness for it
correctly disfavors lawyers who switch
sides and intended to avoid conflict of
loyalties. It is claimedthat switching
sides carries the danger that former
government employee may compromise
confidential official information in
the process.

The act of respondent Mendoza in

informing the Central Bank on
the procedure how to liquidate
Genbank is a different matter from the
subject matter of Civil Case No.
0005 which is about
sequestration of the shares of respondents
Tan in Allied Bank. There is no switching
sides for no two sides are involved.

34
 LEGALETHICS

It is necessary that lawyers strive to

uphold the honor and maintain dignity
CHAPTE R 4 : THE L AWY ER S of the profession and to improve the
DUTIES law and the administration of justice.
TO THE LEGAL PROFESSION The respect of the public to the legal
profession is enhanced by the faithful
performance of the lawyers duties to
A. UPHOLDING INTEGRITY OF the court, to society, to his brethren in
PROFESSION the profession, and to his client.
Such respect is diminished whenever a
Canon 7: A lawyer shall at all times member betrays the trust and
uphold the integrity and dignity of the legal confidence reposed in him by his client.
profession and support the activities of the Public confidence in law and lawyers
integrated bar. may be eroded by the irresponsible and
improper conduct of a member of the
Rule 7.01. A lawyer shall be bar.
answerable for knowingly making a Thus, every lawyer should act in a
false statement or suppressing a manner that would promote
material fact in connection with his public confidence in
application for admission to the bar. the integrity of the
profession.
Rule 7.02. A lawyer shall not A lawyer should also involve in and
support the application for admission actively support the activities of the
to the bar of any person known by IBP.
him to be unqualified in respect to
character, education, or other A person shall make no
relevant attribute. false statement in his
application for admission to
Rule 7.03. A lawyer shall not the bar
engage in conduct that adversely Rule 7.01. A lawyer shall
reflects on his fitness to practice law, be answerable for knowingly
nor shall he, whether in public or making a false statement
private life, behave in a scandalous or suppressing a material
manner to the discredit of the legal fact in connection with
profession. his application for admission to
the bar.
Generally Observance of the duties
Canon 7: A lawyer shall at all times and responsibilities of a
uphold the integrity and dignity of the lawyer begins even
legal profession and support the as a law student. A students failure to
activities of the integrated bar. live up to them may be a ground for SC
Maintenance of a high standard of legal to refuse admission to practice or for
proficiency and fair dealing is a disbarment should SC learn later on
prerequisite to making the bar an about his/her transgressions.
effective instrument in the proper A person seeking to be admitted to the
administration of justice. bar must show that he has all the
qualifications and none of
the
disqualifications prescribed by law.

A lawyer shall not support unqualified

applicant to the bar
35

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.
A lawyer should not readily execute an
affidavit of good moral character in
favor of an applicant who has not live
up to the standard set by law.
He should volunteer information or
cooperate in any investigation
concerning alleged anomaly in the bar
examination. This is to help guard the
profession from candidates who are
unfit or unqualified.
He should expose without fear or favor
before the SC corrupt or dishonest
conduct in the profession and should
not hesitate to accept professional
employment against a lawyer who has
wronged his client.
A lawyer shall always conduct himself
ethically and morally
The best way a lawyer can uphold the
integrity and dignity of the profession is
not to 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. (Rule 7.03.)
He should endeavor to conduct himself
in such a way as to give credit to the
legal profession and to inspire the
confidence, respect, and trust of his
clients and the community.
Acts which adversely reflect on the
lawyers fitness to practice law, which
justify suspension:
1. Gross immorality.
2. Conviction of a crime involving
moral turpitude.
3. Fraudulent transactions.
LEGALETHICS
Gross immorality reflective
of unfitness to practice
Acts of personal immorality in
his private relation with the
opposite sex.
Gross immorality of the act, not merely
immorality, to justify suspension
or disbarment.
Grossly Immoral Act
1. One that is so corrupt and false
as to constitute a criminal act.
2. Unprincipled or disgraceful as to
be reprehensible to a
high
degree.
Acts of gross immorality, justifying
denial ofapplication to take
the
lawyers oath or suspension or
disbarment :
1. Living an adulterous life with a
married woman.
2. Maintaining illicit relations with a
niece.
3. Abandonment of his lawful wife to
live with another woman.
4. Contracting marriage while first
marriage still subsisting.
5. Seducing a woman to have carnal
knowledge with her on the basis
of misrepresentation that he is
going to marry her, that he is
single, or that they are already
married upon signing a
mere
application for marriage license.
6. Carnal knowledge with a student
by taking advantage of
his
position.
However, mere intimacy between man
and woman either of whom possess no
legal impediment to marry, voluntarily
carried on and devoid of any deceit on
the part of the lawyer, is not corrupt or
unprincipled to warrant disciplinary
action as member of the bar. Even if
the relationship results in the woman
giving birth to a child so long as he
admits paternity and agrees to support
the child.
36
 LEGALETHICS

Cohabitation per se is not grossly 4. Concealing in aninformation

immoral. sheet required by law
o Whether a lawyers sexual in connection with his
congress with a woman not his employment the fact that he was
wife should be characterized as charged with or convicted of a
grossly immoral will depend upon crime.
the surrounding circumstances. 5. Borrowing money as a guardian
Even if the evidence is not sufficient to for his benefit upon the wards
hold a lawyer liable for gross property as collateral without the
immorality, may nonetheless be courts approval.
reprimanded where such evidence 6. Encashing a check payable to his
shows failure on his part to comply with
deceased cousin by signing the
the rigorous standards of conduct.
latters name.
7. Falsifying a power of attorney and
Conviction of a crime involving moral using it to collect the money due
turpitude the principal and converting it to
Moral turpitude: his benefit.
o Anything which is done contrary 8. Misappropriating money
to justice, honesty, modesty, or belonging to his employer.
good morals.
o Any act of vileness, baseness, or
depravity in the private and social
duties a man owes his fellowmen
or to society, contrary to the
accepted rule of right and duty
between man and woman.
o In general, all crimes which fraud
or deceit is an element.
Lawyers convicted of such crime are
either suspended or disbarred.

Commission of fraud or falsehood

Commission of such may badly reflect
on his fitness to practice law.
He may be administratively disciplined.
Acts of misconduct calling for
disciplinary actions:
1. Falsely stating in a deed of sale
that the property is free from
liens or encumbrances.
2. Knowingly taking part in a false
and simulated transaction.
3. Making it appear that a vendor,
long dead, executed a document
of sale in his favor.

37
 LEGALETHICS

profession and will not receive

B. LA WYE RS RE LATIO N WITH O
THE R
LAWYERS
Canon 8. A lawyer shall conduct himself
with courtesy, fairness, and candor toward
his professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Rule 8.01. A lawyer shall not, in
professional dealings, use language
which is abusive, offensive or
otherwise improper.
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.
sympathy from the Court.
Duty of lawyer to restrain his client
from improprieties and to terminate his
relation with him if the latter persists in
his wrongdoing.
A lawyer should not use, to his or his
clients benefit, the secrets of
the adverse party acquired
through design or inadvertence.
A lawyer who thinks a case is weak may
not criticize the lawyer who accepts it,
much less should he attribute to him
evil motive for taking up the clients
cause
.
It is not, however, improper for
a lawyer to accept employment to
compel
another lawyer to honor the just claim
of a layman. His action toward such
end, as writing a letter of demand to
the lawyer, is not unethical since it is
mere honest effort to serve the interest
of the client.

Generally A lawyer should use temperate

Membership in the bar imposes upon language
lawyers certain obligations to one Rule 8.01. A lawyer shall not,
another. in professional dealings,
What makes the practice of law a use language
profession: which is abusive, offensive or otherwise
o Observance of honorable, candid, improper.
and courteous dealings with other His arguments, written or oral, should
lawyers.
be gracious to both the court and the
o Fidelity to known and recognized
opposing counsel.
customs and practices of the bar.
Should be of such words as may be
properly addressed by one gentleman
Candor, fairness, and truthfulness
to another.
should characterize relations
Do as adversaries do in law: strive
The Court reminds parties and counsels
mightily but eat and drink as friends.
to:avoid further squabbles and
Whatever may be the ill-feelings
unnecessaryfiling of administrative
between the clients should not influence
cases against each other.
counsel in their conduct and demeanor
Mutual bickering and unjustified
toward each other.
recriminations between attorneys They should scrupulously avoid
detract from the dignity of the legal
all personalities and personal
history or personal peculiarities and
idiosyncrasies of the other.
38
 LEGALETHICS

should deal only with his counsel. It is

A lawyer shall not encroach upon incumbent upon the lawyer
business of another most particularly to avoid
Rule 8.02. A lawyer shall not, directly everything that maytend to
or indirectly, encroach upon the mislead a party not
professional employment of another represented by counsel, and he should
lawyer; however, it is the right of any not undertake to advise him as to the
lawyer, without fear or favor, to give law.
proper advice and assistance to those A lawyer should not, in the absence of
the adverse partys counsel, interview
seeking relief against unfaithful or
the adverse party and question him as
neglectful counsel.
to the facts of the case even if the
A lawyer should not steal the other
adverse party was willing to do so.
lawyers client nor induce the latter to Neither should he sanction the attempt
retain him by promise of better service, of his client to settle a litigated matter
good result or reduced fees for his with the adverse party without
services. Neither should he disparage the consent nor knowledge of the
another, make comparisons or publicize latters counsel.
his talent as a means to further his law
practice.
Association as a colleague in a case
It is, however, the right of a lawyer,
A clients proffer of assistance of
without fear or favor, to give proper
additional counsel should not be
advice to those seeking relief against
regarded as evidence of want
unfaithful or neglectful counsel.
of
He may accept employment to handle a
confidence but the matter should be left
matter previously handled by another
to the determination of the client.
lawyer, provided that the other lawyer
The 2nd lawyer should communicate
has been given notice of termination of
with the 1st before making
service. Without such notice, he shall
an appearance. Should
only appear once he has obtained
st
conformity or has, at the very least, the 1 lawyer object, he
given sufficient notice of contemplated should decline association but if the 1st
substitution. lawyer is relieved, he may come into the
A lawyers appearance in the case case.
without notice to the first lawyer When there is conflict of opinions
amounts to an improper encroachment between two lawyers jointly associated
upon the professional employment of in a case, the client should decide. The
the original counsel. decision should be accepted unless the
nature of the difference makes
Negotiation with opposite party it impracticable forthe lawyer whose
judgment has been overruled
Canon 9 of the Canons of Professional
to cooperate effectively. In this
Ethics provides that a lawyer shall not in
event, it is his/her duty to ask client
any way communicate upon the
to relieve him/her.
subject of controversy with a party
represented by counsel, much less
should he undertake to negotiate or
compromise the matter with him, but C. PREVENTING UNAUTHORIZED
PRACTICE OF LAW
39

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.
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:
1. there is a pre-existing agreement
with a partner or associate that,
upon the latters death, money shall be
paid over a reasonable period of time
to his estate or to persons
specified in the agreement; or
2. Where a lawyer undertakes to
complete unfinished or legal
business of a deceased lawyer; or
3. 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 profit-
sharing arrangement.
Duty to prevent unauthorized practice
of law
Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized
practice of law.
Public policy requires that the practice
of law be limited to those individuals
found duly qualified in education and
character.
The permissive right conferred on the
lawyer is an individual and limited
privilege subject to withdrawal if he
fails to maintain proper standards of
moral and professional conduct.
Purpose is to protect the public, the
court, the client, and the bar from
incompetence and dishonesty of those
LEGALETHICS
unlicensed to practice law and
not subject to the
disciplinary control of the court.
The law makes it a misbehavior on the
part of the lawyer to aid a layman in
the unauthorized practice of law.
A person not admitted to the bar may
not hold himself out to the public as
engaged in the practice of law, either
alone or as associated with a practicing
attorney under a firm name. (US v.
Ney (1907))
He may not form a partnership with a
lay accountant to specialize in income
tax work unless he ceases to
hold himself out as a lawyer
and strictly
confine his activities to such as are
open to lay accountants.
Intervention of intermediary
not allowed
Prohibition on intermediary to intervene
in the performance of lawyers
professional obligations.
Lawyers relation to client is personal
and responsibility is direct.
Intervention of lay agency between
lawyer and the client is forbidden.
It is thus improper for a lawyer to
accept employment from an automobile
club which, in soliciting membership,
offers free services of it legal
department to members.
Employment should not include
the rendering of legal
services to members
of such an organization in respect to
their individual affairs.
A charitable society rendering aid to the
indigent is not, however,
an intermediary within the
meaning of the
rule
.
A lawyer shall not delegate legal work
to non-lawyers
Rule 9.01. A lawyer shall not delegate
to any unqualified person the
40

performance of any task which by law
may only be performed by a member of
the Bar in good standing.
He should not delegate to a layman any
work which involves the application of
law, such as:
1. The computation and determination
of the period within
which to appeal and adverse
judgment.
2. Examination of witnesses.
3. Presentation of evidence.
Can employ secretaries, investigators,
detectives, researches as long as they are
not involved in the practice of law (e.g.,
not writing pleadings, appearing in
court, etc.)
A lawyer shall not divide fees with
non-lawyers
Rule 9.02. A lawyer shall not divide or
stipulate to divide a fee for legal
services with persons not licensed to
practice law.
Exceptions:
1. Where there is a pre-existing
agreement with a partner
associate that, upon the latters
death, money shall be paid over a
reasonable period of time to his
estate or to persons specified in the
agreement.
2. Where a lawyer undertakes to
complete unfinished or legal
business of a deceased lawyer.
3. Where a lawyer or law firm includes
non-lawyer employees in
retirement plan, even if the plan is
based in whole or in part, on
profitsharing arrangement.
The first two exceptions to the rule
representcompensation for legal
service rendered by the deceased
lawyer during his lifetime, which is paid
to his estate or heirs.
LEGALETHICS
The third exception to the rule does not
involve, strictly speaking, a division of
legal fees with non-lawyer employees.
The retirement benefits in the form of
pension represent additional deferred
wages or compensation for
past services of the employees
Impropriety arises where the effect of
the arrangement is to make the estate
or heir a member of the partnership
along with the surviving partners, or
where the estate or heir is to receive a
percentage of fees that may be paid
from future business of the deceased
lawyers clients. Such fees no longer
represent compensation for
past services of the
deceased lawyer.
An agreement between a union lawyer
and a layman president of the union to
divide equally the attorneys fees that
may be awarded in a labor case violates
the rule.
D. SOLICITATION AND ADVERTISING
or A lawyer shall not solicit
legal business
The law prohibits lawyers from soliciting
cases for the purpose of gain, either
personally, or through paid agents or
brokers, and makes the
act malpractice. (Rule 138,
Sec. 27, Rules or Court)
Sec. 27. Attorneys removed
or suspended by Supreme Court
a
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 by reason of his
conviction of a crime involving moral
turpitude, or for any violation of the
oath which he is required to take before
admission to practice, or for a wilfull
41

disobedience of any lawful order of a
superior court, or for corruptly or
wilfully appearing as an attorney for a
party to a case without authority so to
do. The practice of soliciting cases at
law for the purposeof gain, either
personally or through paid agents or
brokers, constitutes malpractice.
Rule 2.03. A lawyer shall not do or
permit to be done any act designed to
primarily solicit legal business.
Among those that fall under the
prohibition:
1. A lawyer who recommends
employment of himself,his
partner, associate, or member of
his legal staff to a non-lawyer
who has not sought his advice
regarding employment of
lawyer.
2. A lawyer who compensates and
gives anything of value to a
person or organization
recommend or secure
employment of a client.
3. A lawyer who gives a reward for
having made a recommendation
resulting in his employment by a
client.
A lawyer shall not charge lower rates
to attract business
An unethical practice of indirect
solicitation of legal business.
Rule 2.04. A lawyer shall not charge
rates lower than those customarily
prescribed unless the circumstances so
warrant.
What the rule prohibits is the
competition in the matter of charging
professional fees for the purpose of
attracting clients in favor of a lawyer
with lower rates.
The rule does not prohibit the charging
of a reduced fee or none at all, to an
LEGALETHICS
indigent or a person having difficulty
paying the usual fee.
A lawyer cannot advertise his talent;
reasons therfor
General rule: A lawyer cannot advertise
his talent as a shopkeeper advertises
his wares.
Restriction originated from practices in
the Inns of Court of England.
Young men studying to become
barristers regarded the law as primarily
a form of public service in which the
gaining of a livelihood was but
a
secondary consideration.
A lawyer is a member of an honorable
a profession whose primary purpose is to
render public service and help secure
justice and in which remuneration is a
mere incident.
to To allow a lawyer to advertise his talent
his or skill is to commercialize the practice
of law, lower the profession in public
confidence and lessen its ability
to render efficiently that
high character of service to which every
member of the bar is called.
If competitive advertising were
permitted, the conscientious and ethical
lawyers will unavoidably be at
the mercy of the braggart.
Proper or permissible advertising or
solicitation
Not all advertising or solicitation are
prohibited.
What makes solicitation improper is:
1. the employment of such methods
as are incompatible with
the traditional dignity of a
lawyer and
maintenance of correct
professional standards or
2. the use ofartificial meansto
augment the publicity that
normally results from what
a lawyer does.
42
 LEGALETHICS

Best advertising for a lawyer: A well- full time position as corporate

merited reputation for professional counsel;
capacity and fidelity to trust. if in media, those acts incidental to
Good and efficient service to a client as his practice (i.e., not his
well as to the community has a way of own initiative);
publicizing itself and catching public write articles for publication giving
attention. information upon the law (and not
That publicity is a normal by-product of individual rights or advising through
effective service. column/ TV broadcast, lest such be
A good and reputable lawyer needs no considered indirect advertising);
artificial stimulus to generate it and to if entering into other businesses
magnify his success. (which are not inconsistent
EXCEPTIONS: with
1. Those which are expressly lawyers duties) then it is advisable
allowed. that they be entirely separate and
2. Those which are necessarily apart such that a layman could
implied from the restrictions. distinguish between the two
functions.
publication in reputable law list with
brief biographical and other Writing legal articles
informative data which may include An attorney may with propriety write
name, associates, address, phone articles for publications in which he
numbers, branches of law practised, gives information upon the law; but he
birthday, day admitted to the bar, should not accept employment from
schools and dates attended, degrees such publications to advise inquiries in
and distinctions, authorships, respect to their individual rights.
teaching positions, associations, (Canon 40, Code of Professional Ethics)
legal fraternities and societies, A lawyer may properly write and sell for
references and regularly represented
publication, articles of general nature
clients must be published for that
on legal subjects in a law journal.
purpose;
an ordinary, simple professional
What should be guarded against is the
card;
violation of the ethical principles
publication of simple announcement
concerning:
of opening of law firm, change of
1. Improper advertising by a lawyer.
firm;
2. Giving of legal advice to one with
telephone directory (but not under
whom no attorney-client
designation of special branch of
relationship exists.
law);
3. Aiding of a layman to engage in
if acting as an associate (specialising
unauthorized practice of law.
in a branch of law), may publish a
brief and dignified announcement to
Engaging in business or
lawyers (law list, law journal);
other occupation
seeking a public office (which can be
It is not uncommon to see lawyers
filled only by a lawyer);
combining law practice with some other
lawful occupation.

43

The fact that he is a lawyer does not
preclude him from engaging in
business.
Impropriety arises when the nature and
manner of business is inconsistent with
the duties of the lawyer such as when it
is used as a cloak for indirect
solicitation on his behalf.
It is necessary that the lawyer keeps
any business in which he is engaged,
entirely separate and apart from his
practice.
He shall make it clear to his client in
what capacity he is acting.
Businesses closely associated with the
practice of law:
o Collection agency.
o Real estate brokerage.
o Insurance agency.
o Mortgage service.
o Tax service and consultancy.
A lawyer shall make clear whether he
is acting in another capacity
Rule 15.08. A lawyer who is engaged
in another profession or occupation
concurrently with the practice of law
shall make clear to his client whether
he is acting as a lawyer or in another
capacity.
The reason is that certain ethical
considerations governing the attorney-
client relationship may be operative in
one and not in the other.
Lawyer shall not use false statement
regarding his qualification or service
CANON 3: A lawyer in making known
his 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-
laudatory, or unfair statement or claim
LEGALETHICS
regarding his qualifications or legal
services.
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.
Similarly, he should not resort to
indirect advertisements, such
as furnishing or
inspiring newspaper
comments, or procuring his photograph
to be published.
CANON 3: A lawyer in making known his
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- laudatory, or unfair
statement or claim regarding his
qualifications or legal services.
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.
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.
44
 LEGALETHICS

It is not a business partnership under

the Civil Code.
It is highly unethical for an attorney to No person should be admitted or held
advertise his talents or skill as a out as a member who is not a lawyer.
merchant advertises his wares. The law Rule 3.02. In the choice of a firm
is a profession and not a business. The name, no false, misleading or assumed
lawyer may not sell or obtain name shall be used. The continued use
employment himself or through others of the name of a deceased partner is
for to do so would be unprofessional. It is permissible provided that the
destructive of the honor of a great firm indicates in all its
profession. It lowers the standards of communications that
that profession. It works against the said partner is deceased.
confidence of the community and it The reason for allowing the continued
results in needless litigation. (In Re:
use of the name of a deceased partner
Tagorda, 53 Phil 37 (1929))7
is that all the partners, by their joint
Tagorda was suspended for soliciting
efforts over a period of
business. Before Tagordas election to time, contributed to the
the provincial board of Isabela, he used a goodwill attached to the firm name,
card offering services as an attorney and this goodwill is disturbed by a
and a notary public free. The card also change in firm name every time a
stated that he was a candidate for the partner dies.
provincial board. After his election, he Filipino lawyers cannot practice
wrote a letter to the barrio lieutenant law under the name of a
informing him that he would continue his
foreign law firm,
practice as lawyer and asking that the
as the latter cannot practice law in the
lieutenant transmit this information to
the barrio. Philippines.
Examples of improper advertising: The use of the foreign law firm in the
o Distribution of a diary which has country is unethical:
an attorneys card printed in the o The respondents use of the firm
cover. name constitutes
a representation that being
o Procuring a lawyers name to be
associated with Baker
written in an automobile insurance
and McKenzie they could
policy with direction to the insured
to contact the attorney in case of render legal services to the
accident. highest quality to multinational
business enterprises and others
engaged in foreign
trade and investment. This is
A lawyer shall not use false or
unethical because Baker
misleading firm name
& McKenzieis not authorized
Law partnership among lawyers for the to practice law here.
general practice of law is common. (Dacanay v. Baker and
Such partnership is a mere association McKenzie, 136
of lawyers for such purpose and is a SCRA 349 (1985))
non-legal entity.
A partner who accepts public office
should withdraw from the
firm; exception
Rule 3.03. Where a partner accepts
public office, he shall withdraw from the
firm and his name shall be dropped
45
 LEGALETHICS

from the firm name unless the law national organization of the legal
allows him to practice law concurrently. profession based on the recognition of
The purpose of the rule is to prevent the lawyer as an officer of the court.
the law firm from using his name to Integration fosters cohesionamong
attract legal business and to avoid lawyers and ensures the promotion of
suspicion of undue influence. the objectives of the legal profession
pursuant to the principle of maximum
A lawyer shall not seek media bar autonomy with minimum
publicity supervision by the Supreme Court.
Rule 3.04. A lawyer shall not pay or
give anything of value to Power to integrate the bar
representatives of the mass media in The Constitution vests upon the
anticipation of, or in return for, publicity Supreme Court the power to integrate
to attract legal business. the Philippine bar.
Media publicity, as a normal by-product Such power is an inherent part of the
of efficient legal service, is not Courts constitutional authority over the
improper. bar.
What is improper is for a lawyer to Supreme Court may adopt rules of
resort to propaganda to secure media court to effect the integration of the
publicity for the purpose of attracting Philippine Bar. (RA 6397 AN
legal business. ACT PROVIDING FOR THE
The purpose of the rule is to prevent INTEGRATION OF
some lawyers from gaining unfair THE PHILIPPINE BAR)
advantage over others through the use However, RA 6397 neither confers a
of gimmickry. new power nor restricts the Courts
o Procuring his photograph to be inherent power but is a mere legislative
published in connection with declaration that the integration will
cases he is handling. promote public interest or will raise the
o Making a courtroom scene to standard of the legal profession.
attract the attention of January 16, 1973, SupremeCourt
newspapermen. ordained the integration of
o Arranging for the purpose an the
interview with him by media Philippine Bar.
people. Presidential Decree 181
(CONSTITUTING THE INTEGRATED BAR
E. THE INTEGRATED BAR OF THE OF THE PHILIPPINES INTO A BODY
PHILIPPINES CORPORATE AND PROVIDING
GOVERNMENT ASSISTANCE THERETO
Integration of the bar FOR THE ACCOMPLISHMENT OF
The official unification of the entire ITS PURPOSES) constituted the
lawyer population. Integrated Bar into a corporate body.
Requires membership and financial
support of every attorney as a condition Constitutionality of integration
sine qua non to the practice of law. Constitutionality hinges on the effects
Bar integration signifies the setting up of bar integration on the lawyers
by the government authority of a constitutional rights of freedom
of association and freedom of
speech and
46
 LEGALETHICS

on the nature of the dues exacted from as an exercise of the police

him. power of the State.
In upholding the constitutionality of The inherent power of the
integration, the Supreme Court quoted Supreme Court to regulate
approvingly the report of the the bar includes
Commission on Bar Integration on the the authority to
matter as follows: integrate the bar.
o Freedom of Association To o Regulatory fee For the Court to
compel a lawyer to be a member prescribe dues does not mean
of an integrated bar is not that the Court levies a tax.
A membership fee is
violative of his constitutional
an exaction for
freedom to associate (or the
regulation, while the
corollary right not to associate).
purpose of a tax is
Integration does not make a
revenue.
lawyer a member of any An integrated bar program
group of which he is not
would not be possible to
already a member. He
push through without
became a member of the
means to defray
bar when he passed the bar
the concomitant
exams. All that integration
expenses.
does is to provide an
The public interest
official national
promoted by integration far
organization for the well-
outweighs
defined but unorganized
and incohesive group of
the
which every lawyer is
already a member. inconsequential
Bar integration does not inconvenience to a member
compel the lawyer to that might result from his
associate with anyone. He required payment of annual
is free to attend or not dues.
attend the meetings. o Freedom of Speech A lawyer is
The compulsion to which free, as he has always been, to
he is subjected is the voice his views on any subject in
any manner he wishes,
payment of annual dues.
even though such views be
The issue, therefore, is a
opposed to positionstaken by
question of compelled
the unified bar.
financial support of group
For the Integrated Bar to
activities, not involuntary
use a members dues to
membership in any other
promote measures to which
aspect. said member is opposed,
Assuming that bar would not nullify
integration does compel a or adversely
lawyer to be a member, affect his freedom
such compulsion is justified of speech.
Since a State may
constitutionallycondition the
right to practice law upon
membership, it
is difficult to
understand why
47
 LEGALETHICS

it should become 2. Foster and maintain, on the

unconstitutional for the bar part of its members, high
to use the members dues ideals of integrity, learning,
to fulfill the very purposes professional competence,
for which it was public service and conduct;
established. 3. Safeguard the professional
o Fair to all lawyers Bar interests of its members;
integration is not unfair to 4. Cultivate among its
lawyers already practicing members a spirit
because although the of cordiality
requirement to pay dues is a new
and brotherhood;
regulation. It will give the
5. Provide a forum for
member a new system which
they hitherto have not had, and the discussion of
through which, by proper work, law,
they will receive benefits they jurisprudence, law reform,
have not hereto enjoyed. pleading, practice
Because it will apply equally to all and
lawyers. Because it is a new procedure, and
regulation in exchange for new the
benefits, it isnot retroactive, relations of the Bar to the
unequal, or unfair. Bench and to the public,
and publish information
Purposes and objectives of the relating thereto;
Integrated Bar 6. Encourage and foster legal
By-laws Integrated Bar Philippines education; and
Sec. 2. Objectives and purposes. - The 7. Promote a continuing
following are the general objectives of program of legal research
the Integrated bar: in substantive
o to elevate the standards of the and
legal profession, adjective law, and make
o to improve the administration of reports
justice; and
o to enable the Bar to discharge its and recommendations
public responsibilities more thereon.
effectively.
o The purposes of the Integrated The purposes of an integrated Bar, in
Bar include, without being limited general, are:
to, those specified in the per 1. Assist in the administration of
curiam Resolution of the Supreme justice;
Court dated January 9, 1973
2. Foster and maintain on the part
ordaining the integration of the
of its members high ideals of
Philippine Bar, to wit:
1. Assist in the administration integrity, learning, professional
competence, public service and
of justice;
conduct;
3. Safeguard the professional
interests of its members;
4. Cultivate among its members a
spirit of cordiality
and brotherhood;
5. Provide a forum for the discussion pleading, practice and procedure,
of law, jurisprudence, law reform, and the relations of the Bar to the
48
 LEGALETHICS

Bench and to the public, and the country so that the poor may not
publish informationrelating lack competent legal service;
thereto; 9. Distribute educational
6. Encourage and foster legal and informational
education; materials that
7. Promote a continuing program of are
legal research in substantive and difficult to obtain in many of our
adjective law, and make reports provinces;
and recommendations thereon; 10. Devise and maintain a
and program of continuing legal
8. Enable the Bar to discharge its education for practising attorneys in
public responsibility effectively. order to elevate the standards of the
profession throughout the country;
Integration of the Bar will, among other 11. Enforce rigid
things, make it possible for the legal ethical standards, and
profession to: promulgate minimum
1. Render more effective assistance in fees schedules;
maintaining the Rule of Law; 12. Create law centers
2. Protect lawyers and litigants against and establish law
the abuse of tyrannical judges and libraries for legal
prosecuting officers; research;
3. Discharge, fully and properly, its 13. Conduct campaigns
responsibility in the disciplining to educate the people on
and/or removal of incompetent and their legal
unworthy judges and prosecuting rights and obligations, on
officers; the
4. Shield the judiciary, which importance of preventive legal
traditionally cannot defend itself advice, and on the functions and
except within its own forum, from duties of the Filipino lawyer; and
the assaults that politics and self- 14. Generate and maintain
interest may level at it, and assist it pervasive and meaningful country-
to maintain its integrity, impartiality wide involvement of the lawyer
and independence; population in the solution ofthe
5. Have an effective voice in the multifarious problems that afflict the
selection of judges and prosecuting nation. (In re Integration of the
officers; Bar of the Philippines)
6. Prevent the unauthorized practice of
law, and break up any monopoly of Non-political bar
local practice maintained through By-laws Integrated Bar Philippines
influence or position; Sec. 4. Non-political bar. - The
7. Establish welfare funds for families of Integrated Bar is strictly non-political,
disabled and deceased lawyers; and every activity tending to impair this
8. Provide placement services, and basic feature is strictly prohibited and
establish legal aid offices and set up shall be penalized accordingly.
lawyer reference services throughout 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
49
 LEGALETHICS

employee of the Integrated Bar, or an practice of law shall, not later

officeror employee of any Chapter than December 31, 1974, register
therof shall be considered ipso facto in the Integrated Bar
resigned from his position as of the as hereunder
momenthefiles his certificate of required, at
candidacy for any elective public office the national office or at the
or accepts appointment to any judicial, office of his Chapter.
quasi-judicial, or prosecutory office in
the Government orany political Every person admitted to
subdivision or instrumentality thereof. the practice of law after
these by- laws become
The election of IBP officers is required to effective shall register in
be conducted on a non-political like manner not later than sixty
basis. Partisan politics may thus days after such
invalidate the elections. admission.
Partisan political activities of candidates
for IBP positions, such as setting up Registration shall be
campaign headquarters, island-hopping accomplished by signing
to solicit votes of chapter presidents, and filing in duplicate the
made a political circus of the prescribed registration form
proceedings and tainted the whole containing such information as
election process. The candidates may be required by the
violated the IBP by-laws and of the Boardof Governors,
ethics of the legal profession. including the following:
a. Full name, sex and civil
Membership, resignation, retirement, status;
and reinstatement b. Month, date, year and
By-laws Integrated Bar Philippines place of birth;
o Sec. 18. Membership. - The c. Office address(es);
following persons are, d. Residence address(es);
automatically and without e. Occupation(s)
exception members of the
Integrated Bar of the Philippines: or employment;
a. All lawyers whose names f. Name of law school
were in the Roll of and year of
Attorneys of the Supreme graduation;
Court as of January 16, g. Year of admission to the
1973; and
Bar; and
b. All lawyers whose names
h. Field(s) of specialization in
were included or are
law, if any.
entered therein after the
said date. It shall be the duty of the Secretary
o Sec. 19. Registration. - Unless of every Chapter to promptly
he has already previously forward a copy of each accomplished
registered, every member
registration form to the national
heretofore admitted to the
office.

o Sec. 20. Members in good

standing. - Every member who
has paid all membership dues
and all authorized special
50
 LEGALETHICS

assessments, plus surcharges

owing thereon, and who is not
under suspension from the Membership dues and effect
practice of law or from of nonpayment thereof
membership privileges, is a Sec. 23. Membership dues. - On or
member in good standing. before the 31st day of December, every
member of the Integrated Bar shall pay
o Sec. 21. Voluntary termination of annual dues for the ensuing fiscal year
membership; reinstatement. - A in the amount of FIVE HUNDRED PESOS
member may terminate his
at the National Office or at the office of
membership by filing a verified
his Chapter, to take effect on January
notice to that effect with the
Secretary of the Integrated Bar, 1, 1995.
who shall immediately bring the
matter to the attention of the Subject to approval by the Supreme
Supreme Court. Forthwith, he Court, the Board of Governors may
shall cease to be a member and increase the annual membership dues,
his name shall be stricken from or modify the apportionment thereof.
the Roll of Attorneys.
All lawyers shall indicate in all
Reinstatement may be made in pleadings, motions and papers
accordance with rules and signed and filed by them in any
regulations prescribed by the court in the Philippines - and in the
Board of Governors and approved case of government lawyers, in all
by the Court. official documents issued by them -
the number and date of their official
o Sec. 22. Retirement; receipt indicating payment of their
reinstatement. - Any member in annual membership dues to
good standing who shall have the Integrated Bar of the
attained the age of seventy-five Philippines for the current year, or in
years, or who shall have been the case of life members, their life
forty years as lawyer shall, by membership roll number. (As
reason of physical disability or amended pursuant to Bar
judicially adjudged mental Matter No. 668).
incapacity, be unable to engage
in the practice of Law, may be Sec. 24. Effect of non-payment of
retired from the Integrated Bar dues. - Except for the fiscal year
upon verified petition to the 1974- 1975, any member who has
Board of Governors. Retired not paid his membership dues for
members shall not practice law or any given fiscal year on or before
be required to pay dues. the last day (June 30) of
the immediately preceding
A retired member may be fiscal year
reinstated to active membership
shall be considered as dues-
upon written application to and
delinquent members. For the fiscal
approval by the Board.
year 1974-1975 any member who
has not paid the annual dues on or
before November 30, 1974 shall be
considered a dues-delinquent. If the
51
 LEGALETHICS

delinquency continues until the respective members, but each Chapter

following December 31, the Board of shall have at least one Delegate.
Governors shall by Resolution At the local level are the Chapter
forthwith suspend all his officials.
membership privileges other than Sec. 26. Chapters. - A Chapter of the
the practice of law. Integrated Bar shall be organized in
every province existing on the date of
Sec. 25. Remission or lifting of the effectivity of the Integration Rule.
sanctions. - The Board of Governors Except as hereinbelow provided, every
may, for justifiable reasons, remit or city shall be considered part of the
lift sanctions already imposed and province within which it was
authorize the retroactive geographically situated priorto its
reinstatement of the member creation as a city.
concerned. However, sanctions
imposed or approved by the
National officers
Supreme Court may be remitted or
Sec. 50. Duties of officers. - (a)
lifted only by the Court.
President: The President shall be
the chief executive of the Integrated
Organizational Setup
Bar, and shall preside at all meetings
Sec. 47. National Officers. - The
of the Board of Governors.
Integrated Bar of the Philippines shall
(b) Executive Vice President: The
have a President and Executive Vice
Executive Vice President shall
President to be chosen by the Board of
exercise the powers and perform the
Governors from among nine (9)
regional governors, as much as functions and duties of the President
practicable, on a rotation basis. The during the absence or inability of the
governors shall be ex officio Vice latter to act, and shall perform such
President for their respective regions. other functions and duties as are
There shall also be a Secretary and assigned to him by the President and
Treasurer of the Board of Governors to the Board of Governors.
be appointed by the President with the (c) Governors: In addition to his
consent of the Board. (As amended duties as a member of the Board of
pursuant to Bar Matter 491). Governors, each elective Governor
The deliberative body is the House of shall act as representative of his
Delegates. Region in the Board. He
Sec. 30. Composition of the House. shall promote, coordinate
- The Integrated Bar shall have a House and correlate
of Delegates composed of not more activities of the Chapters within his
than one hundred and twenty members Region.
apportioned among all the Chapters. (d) Secretary: The Secretary shall
On or before December 31, 1974, and attend all meetings of the Board of
every two years thereafter, the Board Governors, and keep a record of all
of Governors shall make a the proceedings thereof; prepare
reappointment of Delegates among all and maintain a register of
the Chapters as nearly as may be all membersof the
according to the number of their Integrated Bar; notify national
officers as well as members of
national committees of their
election or appointments;
52

cause to be prepared the necessary
official ballots for the election of
Governors; and perform such other a.
duties as are assigned to him by
these By-Laws, by the President and b.
by the Board of Governors.
(e) Treasurer: The Treasurer shall
collect, receive, recorder and c.
disburse ad funds of the Integrated
Bar;
Sec. 49. Terms of office. - The
President and the Executive Vice
d.
President shall hold office for a term
of two years from July 1 following
their election until June 30 of their
second year in office and until their e.
successors shall have been duly
chosen and qualified. f.
g.
Board of Governors
Sec. 39. Nomination and election of the
Governors. - At least one (1) month h.
before the national convention the
delegates from each region shall elect
the governor for their region, the choice
of which shall as much as possible be
rotated among the chapters in the i.
region.
The Integrated bar is governed by a
Board of Governors consisting 9
j.
Governors from the 9 regions.
The President and the Executive Vice
President, if chosen by the Governors
from outside themselves, shall ipso
facto become members of the board.
Sec. 38. Term of office. - The k.
Governors shall hold office for a term of
two years from July 1 immediately
following their election to June 30 of
their second year in office and until l.
their successors shall have been duly
chosen and qualified.
Sec. 41. Functions of the Board. -
The Board of Governors shall have
general charge of the affairs and
LEGALETHICS
activities of the Integrated Bar. It shall
have authority, inter alia, to:
Fix the date, time and place of every
convention of the House of Delegates;
Make appropriations and authorize
disbursements from the funds of the
Integrated Bar;
Engage the services of employees,
define their duties and fix
their
compensation;
Receive, consider and act on reports
and recommendations submitted by the
House of Delegates or its committees;
Provide for the publication of the
Journal of the Integrated Bar;
Administer the Welfare Fund;
Fill vacancies, however arising in the
positions of officers of the Integrated
Bar;
Subject to the approval of the Supreme
Court, promulgate Canons
of Professional Responsibility
for all members of the
Integrated Bar;
Promulgate rules and regulations for
the establishment and maintenance of
lawyer referral services throughout the
Philippines;
Subject to the approval of the Supreme
Court, impose special assessments for
specific national purposes, and impose,
or recommend sanctions for
non- payment or delinquency in the
payment thereof;
Prescribe such rules and regulations as
may be necessary and proper to carry
out the objectives and purposes of the
Integrated Bar; and
Perform such other functions as may be
necessary or expedient in the interest
of the Integrated Bar.
In the discharge of its duties, the Board
of Governors is assisted by national
committees.
o Committee on Chapter Affairs.
53

o Committee on Legal Aid.
o Committee on Administration of
Justice.
o Committee on Legal Education
and Bar Admissions.
o Committee on Professional
Responsibility, Discipline
Disbarment.
o Committee on Research Services.
o Committee on Legislation.
o Committee on Public Services.
o Committee on Inter-Professional
and Business Relations.
o Committee on Books
Publications.
o Committee on Unauthorized
Practice of Law.
o Committee on Law Reporting.
o Budget committee.
House of Delegates
The deliberative body of the IBP is the
House of delegates.
Sec. 30. Composition of the House.
- The Integrated Bar shall have a House
of Delegates composed of not more
than one hundred and twenty members
apportioned among all the Chapters.
On or before December 31, 1974, and
every two years thereafter, the Board of
Governors shall make a Sec. 2. Objectives and purposes. -
reappointment of Delegates among all
the Chapters as nearly as may be
according to the number of their
respective members, but each Chapter
shall have at least one Delegate.
Sec. 31. Membership. - The
membership of the House of Delegates
shall consist of all the Chapter
Presidents and in the case of Chapters
entitled to more than one Delegate
each, the Vice Presidents of the
Chapters and such additional Delegates
as the Chapters are entitled to. Unless
the Vice President is already a
Delegate, he shall be an alternate
LEGALETHICS
Delegate. Additional Delegates and
alternates shall in proper cases be
elected by the Board of Officers of the
Chapter. Members of the Board of
Governors who are not Delegates shall
be members ex oficio of the House,
and without the right to vote.
Sec. 34. Special convention. -
Special conventions of the House may
be called by the Board of Governors
motu proprio, or upon written petition
therefor filed with the Secretary of the
Integrated Bar signed by not less than
and thirty Delegates.
Sec. 33. (b) The President and
Executive Vice President of the IBP shall
be the Chairman and Vice-Chairman,
respectively, of the House of Delegates.
The Secretary, Treasurer,
and Sergeant-at-Arms shall be
appointed by the President with the
consent of the House of Delegates.
Chapter Government
The fundamental objective of the
Chapter is to administer the affairs of
the IBP within its territorial jurisdiction
under the general direction
and supervision of the Board of
Governors.
The following are the general objectives
of the Integrated bar:
o to elevate the standards of the
legal profession,
o to improve the administration of
justice; and
o to enable the Bar to discharge its
public responsibilities
more
effectively.
Each chapter has its own government.
The chapter government is vested in a
Board of Officerscomposed of a
President, a Vice-President, a
Secretary, aTreasurer, and
five
Directors who shall be elected at the
54
 LEGALETHICS

biennial meeting and shall hold office

for a term of 2 years.

55

CHAPTE R 5 : L AWYE R S
DUTIES TO COURTS
A. LAWYER OWES CANDOR AND
FAIRNESS TO THE COURTS
Canon 10. A Lawyer owes candor, fairness
and good faith to the Court.
Rule 10.01. A lawyer shall not do any
falsehood, nor consent to the doing of
any in Court, nor shall he mislead or
allow the Court to be misled by an
artifice.
Rule 10.02. A lawyer shall not
knowingly misquote or misrepresent
the contents of a paper, the language
or the argument of opposing counsel,
or the text of a decision or authority,
or knowingly cite as law a provision
already rendered inoperative by repeal
or amendment, or assert as a fact that
which has not been proved.
Rule 10.03. A lawyer shall observe
the rules of procedure and shall not
misuse them to defeat the ends of
justice.
Lawyers duties to court, generally
A lawyer is, first and foremost, an
officer of the court.
His duties to the court are more
significant than those which he owes to
his client.
His first duty is not to his client but to
the administration of justice.
Clients success is wholly subordinate.
His conduct ought to be scrupulously
observant of the law and ethics of the
profession.
Should there be conflict between his
duty to his client and that to the court,
he should resolve such conflict in favor
of the latter.
Primary responsibility being to uphold
the cause of justice.
LEGALETHICS
A lawyer should be candid and truthful
to the court
Canon 10. A Lawyer owes candor,
fairness and good faith to the Court.
He is an officer of the court exercising a
privilege, which is indispensable in the
administration of justice.
If he were to act other than candidly,
fairly, and truthfully, the administration
of justice will suffer as a result thereby.
Supreme Court aptly underscored
reasons:
o He is an officer of the
court exercising
privileges
indispensable to
the
administration of justice.
o Courts are entitled to expect only
complete honesty from lawyers
appearing before them.
o Like the court itself, he is an
instrument to advance its ends
the speedy, efficient, and
impartial adjudication of cases.
It is thus unprofessional to deal other
than candidly with the facts in taking
statements of witnesses, in drawing
affidavits, and other documents, and in
the presentation of causes.
A lawyer, however, though an officer of
the court, is not an umpire but an
advocate.
His personal belief in the soundness of
his cause or of the authorities
supporting it is irrelevant.
A lawyer shall do no falsehood
Rule 10.01. A lawyer shall not do
any falsehood, nor consent to the doing
of any in Court, nor shall he mislead or
allow the Court to be misled by an
artifice.
He swore, upon his admission to the
practice, that will do no falsehood and
conduct himself according to the best of
his knowledge and discretion with all
good fidelity to the court and to his
client; never to seek to mislead the
56

courts by an artifice or false statement
of fact or law.
The oat embodies the fundamental
duties of a lawyer, which he must honor
as there would be a great detriment to,
if not a failure of, the administration of
justice if courts could not rely on the
representations of the lawyers in the
handling of their cases.
A lawyer should not conceal the truth
from the court, nor mislead the court in
any manner no matter how demanding
his duties to his client may be.
No client is entitled to receive from the
lawyer any service involving dishonesty
to the courts.
A lawyers should neither endeavor by
dishonest means to mislead the court or
the adverse party nor make false
allegations in a pleading.
It is improper for counsel of the
accused to ask him to plead guilty to an
offense which counsel knows his client
did not commit.
A lawyer should not misquote nor
misrepresent
Rule 10.02. A lawyer shall not
knowingly misquote or misrepresent the
contents of a paper, the language or
the argument of
opposing counsel, or the text of a
decision or authority, or knowingly cite as
law a provision
already rendered inoperative by
repeal or
amendment, or assert as a fact that
which has not been proved.
A lawyer who deliberately made it
appear that the quotations in his motion
for reconsideration were findings of the
Supreme Court, when they were just
part of the memorandum of the Court
Administrator, and who misspelled the
name of the complainant and made the
wrong citation of authority.
In signing the Courts decisions, it is the
bounden duty of courts, judges, and
LEGALETHICS
lawyers to reproduce or copy the same
word for word and punctuation mark by
punctuation mark.
Only from the Supreme Courts rulings do
all other courts, as well as lawyers and
litigants, take their bearing.
New Civil Code, Article 8.
Judicial decisions applying or
interpreting the
laws or the Constitution shall form a
part
of the legal system of the
Philippines.
Thus, ever present is the danger that if
not faithfully and exactly quoted, the
decisions and rulings of the Supreme
Court may lose their proper and correct
meaning, to the detriment of other
courts, lawyers, and the public who
may be misled.
If inferior courts and members of the
bar meticulously check and recheck
their citations of authorities, appellate
courts will be precluded from acting on
misinformation and save precious time
in finding out whether the citations are
correct
.
A lawyer shall not misuse rules of
procedure
Rule 10.03. A lawyer shall observe the
rules of procedure and shall not
misuse them to
defeat the ends of
justice.
Rules of procedure offer innumerable
opportunities and means for delay and
to defeat the ends of justice.
Procedural rules are instruments in the
speedy and efficient administration of
justice. They should be used to achieve
such end and not to derail it.
Filing of multiple petitions constitutes
abuse of the courts processes.
He should not use his knowledge of law
as an instrument to harass a party.
While a lawyer owes fidelity to the
cause of his client, it should not be at
the expense of truth and administration
of justice.
57
 LEGALETHICS

A judicious study of the facts and the of justice.

law should advise him when a case
should not be filed, as it would only
clutter the dockets.

B. OBSERVING AND MAINTAINING

RESPECT DUE THE COURTS AND
JUDICIAL OFFICERS

Canon 11. A lawyer shall observe and

maintain the respect due to the courts and
judicial officers and should insist on similar
conduct by others.

Rule 11.01. A lawyer shall appear

in court properly attired.

Rule 11.02. A lawyer shall punctually

appear at court hearings.

Rule 11.03. A lawyer shall abstain

from scandalous, offensive
or menacing
language or behavior before the
courts.

Rule 11.04. A lawyer shall not

attribute to a Judge motives not
supported by the record or have no
materiality to the case.

Rule 11.05. A lawyer shall

submit grievances against a
Judge to the proper authorities only.

Respect due the courts

Canon 11. A lawyer shall observe and
maintain the respect due to the courts
and judicial officers and should insist on
similar conduct by others.
This canon should constantly remind
lawyers that second only to the duty of
maintaining allegiance to the Republic,
and to support the Constitution, and
obey the laws of the land, it is the duty
of all attorneys to observe and maintain
the respect due to the courts of justice
and judicial officers.
Respect of courts helps build the high
esteem and regard toward them, which
is essential to the proper administration
 A lawyer violates Canon 11 of the code
when:
o He threatens the judge with the
filing of an administrative charge
if his motion is not granted.
o Berating the researcher of the
court in his pleading is
disrespectful to the court itself.
o A lawyer who openly defied the
temporary restraining order
issued by the Court of Appeals.
Obeying court orders
Lawyers are particularly called upon to
obey court orders and processes. They
should stand foremost in complying
with the courts directives and
instructions.
Disrespect to judicial incumbents is
disrespect to that branch of the
government to which they belong as
well as to the State which has instituted
the judicial system.
It may happen that counsel possesses
greater knowledge of the law than the
judge who presides. It may also happen
that since no court claims infallibility,
judges may grossly err in
their decisions. Nevertheless,
discipline and self-restraint on the
part of the members
of the bar even under these adverse
conditions are necessary to the orderly
administration of justice.
Obedience to lawful orders of the court
is underscored by the fact that a willful
disregard thereof may subject
the lawyer not only to
punishment for contempt but to
disciplinary action as an officer of the
court.
The word willful conveys the idea of
flagrant misconduct such as
would indicate a disposition
on the part of a
lawyer so refractory in character as to
affect his qualifications and standing for
the further exercise of his profession.
58

A lawyer who gives a clearly
unsatisfactory explanation as to why he
failed to comply with a lawful order
commits an act within the meaning of
the term willful disobedience.
Defending judges from unjust
criticism
It is the attorneys duty as an officer of
the court to defend a judge from
unfounded criticism or groundless
personal attack.
This requires of him not only to refrain
from subjecting the judge to wild and
groundless accusation but also to
discourage other people from so doing.
By the very nature of his position as
judge, he lacks the power, outside of
his court, to defend himself against
unfounded criticism and it is the
attorney who can better more
appropriately support the judiciary.
A lawyer shall appear in proper attire
Rule 11.01. A lawyer shall appear in
court properly attired.
Should be a Barong Tagalog or a coat
and tie, either of which is the
recognized formal attire in the country.
Respect to the court must begin with
the lawyers outward physical
appearance in court.
Sloppy or informal attire adversely
reflects on the lawyer and demeans the
dignity and solemnity of the court
proceedings.
If he dresses improperly, he may be
cited for contempt.
Lawyers shall be punctual
A lawyer shows respect to the court by
appearing during the trial punctually
and in proper attire.
He owes it to his client, to the court,
and to the public.
LEGALETHICS
Inexcusable absence from, or repeated
tardiness in attending a pre-trial
or hearing may subject
the lawyer to disciplinary
action and may prejudice his
client who may be declared
in default.
A lawyer shall abstain from offensive
language or behavior
A lawyers language should be forceful
but dignified, emphatic but respectful
as befitting an advocate and in keeping
with the dignity of the legal profession.
His arguments should be gracious to
both the court and opposing counsel
and be of such words as may be
properly addressed by one gentleman
to another.
The use of abusive language by counsel
against the opposing counsel
constitutes at the same time,
a disrespect to the dignity
of the court.
Rule 11.03. A lawyer shall abstain
from scandalous, offensive or menacing
language or behavior before the courts.
While he should so abstain from using
such language, he may use strong
language to drive home a point. He has
the right to be assiduous and zealous in
the prosecution or defense of the
clients cause.
He should be courageous enough to
point out errors, arbitrariness, and
injustice of the courts and judges. The
fear of provoking displeasure of the
offended judges must not deter him
from complying with this duty to object
to illegal or erroneous judicial decisions.
He should be allowed some latitude of
remark or comment in the furtherance
of the causes he upholds.
It must never be forgotten that a
lawyer pleads; he does not dictate. He
should be courageous, fair, and
circumspect, not petulant,
combative, or bellicose in his dealings
with the court.
A lawyer should not assail, without
basis, the personal integrity of a judge
and accuse him of
59
 LEGALETHICS

misfeasance in an attempt to hide His right to criticize the acts of courts

his own inadequacies and omissions to and judges in a proper and
escape criticism of his client. respectful way and through
Rule 11.04. A lawyer shall not attribute legitimate channels is well recognized.
to a
Judge motives not supported by the A lawyer shall submit grievances
record or to proper authorities
The duty to support the judge does
have no materiality to the not, however, preclude a lawyer
case. from filing administrative
Disrespectful, abusive, and abrasive complaints against erring judges.
language, offensive personalities, Rule 11.05. A lawyer shall submit
grievances
unfounded accusations, or intemperate
words tending to obstruct, embarrass, against a Judge to the proper authorities
only.
or influence the court have no place in a That they be filed with the Supreme
pleading. Court which has administrative
Neither does the mistake of a judge in some supervision over all
of his warrant the use of offensive language.
rulings courts and the power to discipline
In championing the cause of his client, a
judges
The of lower courts.
Supreme Court shall have
should not resort to insulting or
language amounting to disrespect against the judge without any cogent
toward the and valid ground existing
court. in the record.
The rule allows criticism so long as it is
A judge should be courteous to the supported by the record or is material to
lawyer to merit respect the case.
The duty to observe and maintain
respect is not a one-way duty from a
lawyer to a judge. A judge should also
be courteous to counsel, especially
those who are young and inexperienced.

Upholding courts authority and dignity

As an officer of the court, a lawyer
should uphold the dignity and authority
of the court and not promote distrust in
the administration of justice (Canon
10).
He should seek to preserve faith in the
courts and help build and not destroy
the high esteem and regard toward
them.
He should prevent anybody from
harboring and encouraging discontent.

A lawyer shall not attribute to a judge

improper motives
A judge may commit errors, he may
abuse his discretion in the resolution of
issues before him.
They do not, however, justify a
lawyer to
attribute to a Judge, motives not
supported by the record or have no
materiality to the case. (Rule 11.04).
He should not make hasty accusation
 administrative supervision over all
courts and the personnel thereof.
Constitution Article VIII Section
11.
xxx
The Supreme Court en banc shall have
the power to discipline judges of lower
courts, or order their dismissal by a
vote of a majority of the Members who
actually took part in the deliberations
on the issues in the case and voted
thereon.
A lawyer may prefer charges against a
judge only after proper circumspection
and without the use of disrespectful
language or offensive personalities.
A lawyer may not file
administrative complaints against
judges until he has exhausted
judicial remedies which result in a
finding that the judge has gravely
60
erred.
C. ASSISTING THE COURT IN SPEEDY
AND EFFICIENT ADMINISTRATION
OF JUSTICE
Canon 12. A lawyer shall exert every
effort and consider it his duty to assist in
the speedy and efficient administration of
justice.
Rule 12.01. A lawyer shall not
appear for trial unless he has
adequately prepared himself on the
law and the facts of his case, the
evidence he will adduce and the
order of its preference. He should
also be ready with the original
documents for comparison with the
copies.
 LEGALETHICS

Rule 12.02. A lawyer shall not file judgments.

multiple actions arising from the same
cause. Canon 12. A lawyer shall exert every
effort and consider it his duty to assist
Rule 12.03. A lawyer shall not, after in the speedy and efficient
obtaining extensions of time to administration of justice.
file pleadings, memoranda He is first and foremost an officer of the
or briefs, let the period lapse
without submitting to the same or court. His duties to the court are more
offering an explanation for his failure significant than those which he owes to
to do so. his client.

Rule 12.04. A lawyer shall not unduly

delay a case, impede the execution
of a judgment or misuse court
processes.

Rule 12.05 A lawyer shall refrain from

talking to his witness during the break
or recess in the trial, while the
witness is still
under examination.

Rule 12.06 A lawyer shall not

knowingly assist a witness to
misrepresent himself or to
impersonate another.

Rule 12.07 A lawyer shall not

abuse, browbeat or harass a
witness nor needlessly inconvenience
him.

Rule 12.08 - A lawyer shall avoid

testifying in behalf of his client,
except:

(a) on formal matters, such as the

mailing, authentication or custody of
an instrument, and the like; or

(b) on substantial matters, in cases

where his testimony is essential to the
ends of justice, in which event he
must, during his testimony, entrust
the trial of the case to another
counsel.

Duty to assist in the administration of

justice, generally
Being an officer of the court, he is an
instrument to advance its ends the
speedy, efficient, impartial, correct, and
inexpensive adjudication of cases and
the prompt satisfaction of final
 deemed
A lawyer should come to court submitted for decision without
adequately prepared clients
Rule 12.01. A lawyer shall not appear evidence, to his prejudice.
for trial unless he has adequately
prepared himself on the law and the A lawyer shall not file multiple actions
facts of his case, the evidence he will Litigation must end and terminate
adduce and the order of its preference.
He should also be ready with the sometime and somewhere.
original documents for comparison with Once a judgment has become final, the
the copies. winning party be not deprived of that
Rule 18.02 - A lawyer shall not handle verdict.
any legal matter without adequate For this reason, a lawyer should not file
preparation. several actions arising from the same
Canon 18 - A lawyer shall serve his cause or seeking substantially identical
client with competence and diligence. reliefs as those that had already been
Without adequate preparation, the finally disposed of.
lawyer may not be able to effectively
assist the court in the efficient A lawyer violates his oath when he
administration of justice. prostitutes judicial process to secure for
Nonobservance of this rule might result his client what is not justly and validly
in:
1. The postponement of the pre- due him such as improper steps taken
trial or as a means of draining the resources of
hearing, which would thus entail the proper party.
delay in the early disposition of
the case,
2. The judge may consider the A lawyer shall not resort to forum
client nonsuited or in default shopping
or Rule 12.02. A lawyer shall not file
3. The judge may consider the case multiple actions arising from the same
cause.

61
 LEGALETHICS

He is prohibited from filing a petition constitute direct contempt, as well as a

with the Court of Appeals or the
Regional Trial Court where a similar
petition has been filed or pending with
the Supreme Court, and vice versa.
Section 5, Rule 7 of the Rules of
Court:
The plaintiff or principal party shall certify
under oath in the complaining or other
initiatory pleading asserting a claim
for relief, or in a sworn certification
annexed thereto and simultaneously
filed therewith:
cause for administrative sanctions.
Forum shopping is the improper
practice of going from one court to
another in the hope of securing a
favorable relief in one court which
another court has denied or the filing of
repetitious suits orproceedings in
different courts concerning substantially
the same subject matter.

a) that he has not theretofore

commenced

any action or filed any claim involving

the same issues in any court, tribunal or
quasi-judicial agency and, to the best of
his knowledge, no such other action or
claim is pending therein;

b) if there is such other pending action or

claim, a complete statement of the
present status thereof; and

c) if he should thereafter learn that the

same or similar action or claim has been
filed or is pending, he shall report that
fact within 5 days therefrom to the court
wherein his aforesaid complaint or
initiatory pleading has been filed.

Failure to comply with the foregoing

requirements shall not be curable by
mere amendment of the complaint or
other initiatory pleading but shall
cause for the dismissal of the case
without prejudice, unless otherwise
provided, upon motion after hearing. The
submission of false certification or non-
compliance with any of the
undertaking therein shall constitute
indirect contempt of court, without
prejudice to the
corresponding administrative
and criminal actions. If the acts of the
party or his counsel clearly constitute
willful and deliberate forum shopping,
the same shall be ground for summary
dismissal with prejudice and shall
Duty to disclose pending case verification and non-forum
Every party filing an initiatory pleading certification, unless the one who
is required to swear under oath that he signs, has been authorized
has not and will not commit forum to execute the same on
shopping. behalf of the petitioner.
This requires disclosure of any pending o Where the joint parties
case at the time the initiatory pleading are husband and wife
is filed. involving their property, only the
The fact that the initiatory pleading is husband may sign the verification.
not based on the same cause of action o If the party is a juridical person
as the pending case is not a valid (corporation, partnership),
excuse for non-compliance with the the certification
disclosure requirement. must be executed by a corporate
officer or agent duly authorized by
Verification must be signed by the its board
of directors.
party, not his counsel; exception
o A non-forum certification
The certification against forum shopping
executed by counsel of the party
must be signed by the party himself as
is fatally defective, unless
he has personal knowledge of the facts the counsel certifies
therein stated. It should not be in the certification that
executed by his counsel. he has personal
Exceptions: knowledge of the facts therein
o Where there are two or more stated and gives justifiable
parties, all of them must sign the
62
 LEGALETHICS

reason why the party himself

cannot sign. Section 3: When civil action may
The reason is that only the party proceed independently. In the
himself has actual knowledge of cases provided in Articles 32, 33,
34, and 2176 of the Civil Code of the
whether or not he has initiated similar
Philippines, the independent civil
actions in different courts or agencies.
action may be brought by the
offended party. It shall proceed
Test to determine forum shopping independently of the criminal action
The test in determining is whether the and shall require only a
elements of litis pendentia (a pending preponderance of evidence. In no
suit) are present or whether final case, however, may the
judgment in one case will amount to res
judicata in the other.
Res judicata a doctrine which
precludes parties from re-litigating
issues actually litigated and determined
by a prior and final judgment. It requires:
o That there be a decision on the
merits;
o By a court of competent
jurisdiction;
o The decision is
final;
o And the two actions involved
identical
parties, subject matter, and
causes of
action.
If any one of these elements is absent,
there is no forum shopping.
There is forum shopping where there
are identity of parties or interest, rights
asserted, and reliefs sought in different
tribunals.
EXCEPTION:
The filing of a civil case in court
does not preclude the filing of a
criminal action arising from the same
set of facts on which the civil action
is based, as the law allows it. There
is no forum-shopping in such
instances.

Rules of Court, Rule 111, Section 1:

Institution of criminal and civil
actions (a) When a criminal action
is instituted, the civil action for the
recovery of civil liability arising from
the offense charged shall be
deemed instituted with the criminal
action unless the offended party
waives the civil action, reserves the
right to institute it separately, or
institutes the civil action prior to the
civil action.
 offended party recover damages twice
for the same act or omission
charged in the criminal action.
Sanctions for violation
Failure to file the certification
against forum shopping is fatal to the
complaint or petition.
Subsequent filing of the certification
does not cure the fatal defect.
Rules of Court, Rule 7, Section 5,
paragraph 2:
Failure to comply with the foregoing
requirement shall not be curable by
mere amendment of the complaint or
other initiatory pleading, but shall be
cause for the dismissal of the
case without prejudice, unless otherwise
provided, upon motion and after
hearing. The submission of a false
certification or non-compliance with
any of the undertakings therein shall
constitute indirect
contempt of court, without prejudice to
the corresponding administrative and
criminal actions. If the acts of the
party or his counsel clearly constitute
willful and deliberate forum shopping,
the same shall be ground for
dismissal with prejudice and shall
constitute direct contempt, as well as
cause for administrative sanctions.
Lawyer to temper clients propensity to
litigate
It is the duty of the lawyer to resist the
whims and caprices of his client and to
temper the clients inclination
to
litigate
.
Rules of Court, Rule 7, Section 3,
paragraph 2: The signature of counsel
constitutes a certificate by him that he
has read the pleading; that to the best
of his knowledge, information,
and
belief, there is good ground to support
it; and that it is not interposed for
delay.
This rule imposes upon a lawyer the
affirmative duty to check useless
litigations, willful violation of which may
subject him to disciplinary action, or
render him liable for costs of litigation.
A litigant may seek his legal assistance
for reasons other than to vindicate a
legal wrong or other than to prosecute
a valid cause.
The purpose may either be:
o To harass a party or injure the
opposite party or work oppression
or wrong.
63

o To pre-empt the initiative of an
honest claimant by filing the suit
to delay the payment of a just
claim.
o To drain the resources of the
poorer party by way of
compelling him to submit out of
sheer exhaustion.
While a client may withhold facts from
his counsel or give him false
information to attain unlawful ends, a
lawyer can easily see through the
clients action. When that purpose
becomes evident, the lawyer should not
allow himselfto be a partyto its
realization or even withdraw from the
case.
A lawyer shall file his pleadings within
the period
Rule 12.03. A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting to
the same or offering an explanation for
his failure to do so.
Pressure of work or the need for more
time to finish the job often constrains a
lawyer to ask the court for an extension
of time to file a pleading,
memorandum, or brief. The lawyers
failure to make an explanation
constitutes discourtesy to the court.
Where a lawyers motion for extension of
time to file a pleading, memorandum or
brief has remained unacted by the court,
the least that is expected of him is to file
it within the period asked for.
Duty to inform clients death and
change of counsels address
Rules of Court, Rule 3, Section 16:
Death of party; duty of counsel:
Whenever a party to a pending action
dies, and the claim is not thereby
distinguished, it shall be the duty of his
counsel to inform the court within thirty
(30) days after such death of the fact
thereof, and to give the name
and address of his legal representative
or representatives. Failure of counsel
to comply with this duty shall be a
ground for disciplinary action.
If no such notice is made, the court will
proceed to conclusion as if the party is
LEGALETHICS
alive and its decision is binding upon
the heirs of the deceased client.
Similarly, it is his duty to inform the
court of any change of his address.
Although his failure to do so will not
prevent any notice sent to his address
of record to be effective, his conduct
may delay the disposition of the case
and prejudice the interest of his client.
A lawyer shall not delay or impede the
execution of judgment
Rule 12.04. A lawyer shall not
unduly delay a case, impede the
execution of a judgment or misuse
court processes.
The law makes it the lawyers duty to
delay no man for money or malice.
Rules of Court, Rule 7, Section 3,
paragraph 2: The signature of counsel
constitutes a certificate by him that he
has read the pleading; that to the best
of his knowledge, information,
and belief, there is good ground to
support it; and that it is not
interposed for delay.
For where a lawyer insisted on the
clients patently unmeritorious case or
interposed an appeal merely to delay
litigation or thwart the prompt
satisfaction of the prevailing partys just
and valid claim, the court may adjudge
the lawyer liable to pay treble costs.
Procedural rules are precisely designed
to accomplish the purpose of rendering
justice to the parties to a lawsuits free
from the laws delays.
A lawyer should use those rules for the
purpose and not for its frustration.
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 and fairly
lays before the court the facts in issue
64

and then asks that justice be done upon
the merits.
A lawyer should not hide behind a maze
of technicalities to delay if not defect
the recovery of what is justly due and
demandable.
Lawyer to discourage appellate review
If a lawyer is honestly convinced of the
futility of an appeal in a civil suit, he
should not hesitate to inform his
disappointed client that most likely the
verdict would not be altered.
He should advise his client to accept the
judgment of the trial court and thus
accord respect to the just claim of the
opposite party.
He should temper his clients desire to
seek appellate review of such decision.
Unless hecould sufficient cause for
reversal, he would only succeed in
planting false hopes in his clients mind,
increase the burden on appellate
tribunals, prolong litigation
unnecessarily, and expose his client to
useless expenses of suit.
It has also been held that the failure of
counsel to file an appeal is negligent in
the performance of his duties to his
client. If the lawyer does not hear from
the client, he should perfect an appeal
within the period.
A lawyer shall not talk to a witness
during recess
Rule 12.05 A lawyer shall refrain from
talking to his witness during the break or
recess in the trial, while the witness is
still under examination.
The purpose of the rule is to avoid any
suspicion that he is coaching the
witness of what to say during the
resumption of the examination.
A lawyer shall not assist a witness to
misrepresent
LEGALETHICS
Rule 12.06 A lawyer shall not
knowingly assist a witness to
misrepresent himself or to impersonate
another.
While he may interview witnesses in
advance of trial or attend to their needs
if they have no adequate means of
defraying their own expenses,
the lawyer should avoid any
such action as may be misinterpreted as
an attempt to influence the witness as
to what to say in court.
A lawyer who presents a witness whom
he knows will give a false testimony
may be subjected to disciplinary action.
Lawyers shall not harass a witness
Rule 12.07 A lawyer shall not abuse,
browbeat or harass a witness nor
needlessly inconvenience him.
Duty to always treat adverse witnesses
with fairness and due consideration.
Rules of Court, Rule 138, Section 20:
(f) 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;
A lawyer shall avoid testifying for a
client
Rule 12.08 - A lawyer shall avoid
testifying in behalf of his client, except:
(a) on formal matters, such as the
mailing, authentication or custody
of an instrument, and the like; or
(b) on substantial matters, in cases
where his testimony is essential to
the ends of justice, in which event
he must, during his testimony,
entrust the trial of the case to another
counsel.
The rule prohibits the practice of the
lawyer taking the witness stand and
asking questions to him and answering
them as a witness.
65
 LEGALETHICS

While the law does not disqualify a government in the normal course
lawyer from being a witness and an of judicial proceedings.
advocate at the same time in a case,
the practice is violative of the rule on
professional conduct.
It would also be improper for a lawyer
to accept employment in a case where it
would be his duty to attack the
testimony to be given by his partner on
behalf of the opposite side.
The underlying reason for the
impropriety of a lawyer acting in such
dual capacity:
o The function of a witness is to tell
the facts.
o The function of an advocate is
that of a partisan.
It is difficult to distinguish between the
zeal of an advocate and the fairness
and impartiality of a disinterested
witness.
It is hard to disassociate his relation to
his client as an attorney and his relation
to the party as a witness.

D. AVOIDING IMPROPRIETY THAT

TENDS TO INFLUENCE THE COURT

CANON 13 - A lawyer shall rely upon the

merits of his cause and refrain from any
impropriety which tends to influence, or
gives the appearance of influencing the
court.

Rule 13.01 - A lawyer shall not

extend extraordinary attention or
hospitality to, nor seek opportunity
for cultivating familiarity with Judges.

Rule 13.02 - A lawyer shall not make

public statements in the media
regarding a pending case tending to
arouse public opinion for or against
a party.

Rule 13.03 - A lawyer shall not brook

or invite interference by another
branch or agency of the
 alike.
o A lawyer should not see a
judge in chamber and talk to him
A lawyer should rely on the merits of about a case he is handling and
his case pending in the judges court.
CANON 13 - A lawyer shall rely upon the o A lawyer should not
merits of his cause and refrain from any communicate to the judge the
impropriety which tends to influence, merits of a pending case.
or gives the appearance of influencing
the court. A lawyer shall not publicly discuss
Improper acts lessen the confidence of pending cases
the public in the impartial Rule 13.02 - A lawyer shall not
administration of justice and should be make public statements in the media
avoided. regarding a pending case tending to
arouse public opinion for or against a
A lawyer shall not extend hospitality party.
to a judge Newspaper publications by a lawyer
Rule 13.01 - A lawyer shall not concerning pending litigation
may interfere with a fair
extend extraordinary attention or
hospitality to, nor seek opportunity for trial and prejudice the impartial
cultivating familiarity with Judges. administration of justice.
The unusual attention may subject both The restriction, however, does
the judge and the lawyer to suspicion. not prohibit issuance of
o The common practice of some statements made by public officials
lawyers making judges and charged with the duty of prosecuting or
prosecutors godfathers of their defending actions in court.
children to enhance their influence However, such statements should avoid
and their law practice should be any statement of fact likely to create an
avoided by judges and lawyers adverse attitude in the public mind.
66
 LEGALETHICS

Criticism of pending and concluded A lawyer is expected to consider it his

lititation
The right of a lawyer to comment on a
pending litigation or to impugn the
impartiality of a judge to decide it is
much circumscribed.
What he can ordinarily say against a
concluded litigation the manner the
judge handed down the decision therein
may not be generally said to a pending
action.
The court, in a pending litigation, must
be shielded from embarrassment or
influence in its duty of deciding the
case.
On the other hand, once a litigation is
concluded, the judge is subject to the
same criticism as any other public
official. A lawyer enjoys wider latitude
of comment or criticism.
duty to expose the shortcomings and
indiscretions of courts and judges.
In the prosecution of appeals,
for example, he points out the
errors of lower courts.
In articles written for law journals, he
dissects with detachment the doctrinal
pronouncement of courts and fearlessly
lays bare for all to see the flaws and
inconsistencies of the doctrines.
A lawyer shall not invite judicial
interference
Rule 13.03 - A lawyer shall not brook
or invite interference by another
branch or agency of the government
in the normal course of judicial
proceedings.
It endangers the independence of the
judiciary.

Limitations on right to criticize

The right of a lawyer to comment is not
unlimited. It is the cardinal condition of
all such criticism that it shall be bona
fide and shall not spell over the walls of
decency and propriety.
Unfair criticism is a gross violation of
the lawyers duty to respect the courts.

Right and duty of lawyer to criticize

the courts
The rule is not, however, intended to
prevent criticism of the judicial acts. For
the guarantees of free speech and free
press include the right to criticize the
judicial conduct.
Whether the law was wisely or badly
enforced is a fit subject for proper
comment.
If the people cannot criticize a judge
the same as any other public official,
public opinion will be effectively
muzzled.

67
 LEGALETHICS

CHAPTER 6: NATURE AND Roman Law

CREATION OF ATTORNEY-CLIENT concepts of location conduction operarum
RELATIONSHIP (contract of lease of services) and
mandato (contract of agency)
CANON 14. A lawyer shall not refuse his In modern day, an attorney is more
services to the needy. than a
mere agent or servant because he
Rule 14.01. A lawyer shall not decline possesses special powers of trust
to represent a person solely on and confidence reposed on
account of the latters race, sex, him by his client.
creed or status of life, or
because of his own
opinion regarding the guilt of said
person.

Rule 14.02. A lawyer shall not

decline, except for serious and
sufficient cause, an appointment as
counsel de oficio or as amici curiae,
or a request from the
Integrated Bar of the Philippines or
any of its chapters for rendition of free
legal aid.

Rule 14.03. A lawyer may refuse

to accept representation of an indigent
client if:

a. He is not in a position to
carry out the work
effectively or
competently;

b. He labors under a conflict of

interests between him and the
prospective client or between a
present client and the
prospective client.

Rule 14.04. A lawyer who accepts the

cause of a person unable to pay his
professional fees shall observe the
same standardof conduct
governing his relations
with paying clients.

A. NATURE OF
RELATION

Nature of client relationship, generally

Historically, the nature of lawyer-
client relationship is premised on the
 The lawyer is also as independent as a
judge, with powers entirely different
from and superior to those of
an ordinary agent. Moreover,
he is an officer of the court.
The relation of attorney and client is
strictly personal and highly confidential.
Its creation breathes life to the rules
and
ethics of the legal profession and requires
of an attorney who accepts a retainer
a high
standard of conduct and
appreciation of his duties to his client,
to the court, to the bar, and to the
public.
Relation as strictly personal
The relationship involves mutual trust
and confidence to the highest degree.
The personal character of the
relation prohibits its delegation in
favor of another attorney without the
clients consent.
What may not be delegated: The
relationship
itself
.
It also terminates upon the death of
either the client or the attorney.
The deceased attorneys
personal representative has no
right to assign pending
cases to a counsel of his choice. Such
matter is for the client to decide.
A client can terminate the relationship
at any time with or without cause.
An attorney, however, being an officer
of the court, enjoys no similar right.
He may be
permitted to withdraw from the case only
with the consent of the client or that of
the court.
Only a proper sense of detachment
will
enable the attorney to adequately serve
the interest of his client.
an
The personal relation does not
require an attorney to adopt as his
own, the troubles of
his client for he is likely to lose his
composure and equanimity.
It is advisable for a lawyer who is a
party
litigant not to appear for himself or for a
close relative.
His personal involvement may blur his
sense of duty and purpose
and affecthis
performance, to his or the clients
detriment.
In that situation, he should ask
another lawyer who can act with more
detachment and less emotional
involvement to undertake
the active prosecution or defense of the
case.
Relation as fiduciary and confidential

68
 LEGALETHICS

The relation is highly fiduciary in nature termination of the

and of a very delicate, exacting, and relation
confidential character. .
It demands undivided allegiance, The Supreme Court requires strict
a high degree of good obedience to those rules and subjects the
faith, disinterestedness, attorney to discipline and
candor, fairness, loyalty, fidelity, and administrative liability
absolute integrity in all his dealings with for
his clients and utter renunciationof inexcusable breach thereof to protect the
every personal advantage public, the court, and the client
conflicting with the interest of his from dishonesty and
client incompetence of unfaithful lawyers.
.
His responsibilities to his client B. RETAINER OR
should, however, be reconciled with EMPLOYMENT
his duties to the court. Each of them
Concept of term
requires fidelity and retainer
loyalty in varying degrees within
limits.
Deviation from such limits may invite
the exercise of disciplinary power by the
court.

Rules protective of
relation
The preservation and protection of that
relation will encourage a client to
entrust his
legal problems to an attorney, which
is of paramount importance to the
administration of justice.
Rules promulgated, in the nature of
injunctions peculiarly addressed to an
attorney
:
1. To exert his best effort and
learning in the protection of the
interest of his
client;
2. To promptly account for any fund
or property entrusted by or
received for
his
client;
3. Not to purchase or acquire, any
property or interest of is client
in
litigation
;
4. To forever keep inviolate his clients
secrets or confidence, and not
to abuse them;
5. Not to represent a party
whose interest is adverse to that of
his client even after the
 The term retainer may refer to either which he has retained him
of 2 concepts: to perform.
1. The act of the client engaging the Its purpose: To prevent undue
services of an attorney to render hardship on the part of the attorney
legal advice or defend or
based on the rule forbidding him from
prosecute his
cause in court. acting as counsel for the other party
a. General Retainer its after he has been retained by or has
purpose is to secure given professional advice to the opposite
beforehand, the services of party.
an attorney for any
legal problem that
may afterward arise. Necessity of retainer
b. Special Retainer has An attorney has no power to act as
reference to a particular counsel or legal representative for a
case or service only. person without being retained.
2. The retaining fee which a client He may not appear in court for a
pays to an attorney when the party without being employed, unless by
latter is leave of court.
retained. Rules of Court, Rule 138, Sec. 21.
o It is a preliminary fee paid
to insure and secure his .
future services. An attorney willfully appearing in court
o To remunerate him for for a person without being employed,
being deprived of the unless by leave of the court, may be
opportunity of rendering punished for
services to the other party contempt as an officer of the court who
by being retained by one has misbehaved in his official
party transactions.
Neither the purported client nor the
. adverse
o It is apart from what the party may be bound by his appearance
client has agreed to unless
pay for the services
69
 LEGALETHICS

the former ratifies or is stopped to deny fees for such services do

the assumed authority. not make the
attorney the counsel for the seller
Sufficiency of professional employment as those matters were wrapped up
The essential feature of the relation is the in the sale, and could have been
fact of employment.
done as counsel for the
While a written agreement for
professional buyer in the furtherance of the
services is the best evidence to show the latters interests.
relation, formality is not an o By helping an appellant perfect
indispensable his appeal but without
element of the employment of an entering his
attorney. appearance or signing a pleading.
It is not necessary that a retainer should
have been paid, promised, or charged.
Nor is it material that the attorney who
was
consulted does not afterward undertake
the case.
The absence of a written contract will
not
preclude a finding that there is a
professional relationship.
The contract may be express or implied.
An acceptance is implied when the
attorney acts in pursuance of a request.
There is an implied contract of
professional
employment where an attorney appears
on behalf of a party without
the latter
interposing any objection to
it.
To establish professional relation, it is
sufficient that the advice and assistance
of an attorney is sought and received in
any matter pertinent to his profession.
If a person consults with an attorney in
his professional capacity with
the view of
obtaining professional advice or
assistance, and the attorney
voluntarily permits or
acquiesces in such consultation as
when he
listens and gives advice, the professional
employment is regarded as established.
Circumstances which do not establish
an attorney client relationship:
o That an attorney for buyer
wrote letters to tenants
giving them a period to exercise
their preferential right to buy the
land, that he prepared the
deed of sale in favor of the buyer,
and that he charged the seller the
 o Signing a pleading for and on Madianda)
behalf of another counsel of
record. Employment of law firm
The employment of a law firm is
In the absence of a written retainer, equivalent to the retainer of the member
the establishment of the even though only one of them is
attorney-client consulted.
relationship depends upon the Conversely, the employment of one
circumstances of the case. member
The employment or authority to is generally considered as employment of
employ an attorney need not be proved the law firm.
in writing; such When a client employs the services of a
fact could be inferred from circumstantial law
evidence. firm, he employs the entire law firm and
The moment complainant approached not the lawyer assigned to personally
the handle the case.
then receptive respondent to seek In the event that the counsel appearing
legal advice, a veritable lawyer- for
client relationship the client resigns or dies, the firm is
evolved between the two. Such bound to provide a replacement.
relationship Reason for the rule: Information
imposes upon the lawyer certain obtained
restrictions circumscribed by the ethics from a client by a member of the law
of the profession. firm is information imparted on the firm.
To keep inviolate, confidential The member acts in the name and
information interest of the firm.
acquired or revealed during Death of the member does not
legal consultations. The fact extinguish the lawyer-client relationship.
that one is not inclined The responsibility to continue
to handle the clients case, at the end of representation devolves upon the
remaining lawyers of the firm until they
the day, is hardly of
have
consequence. Of little moment is the
withdrawn from the
fact that no formal case.
professional engagement follows
the consultation. (Hadjula vs Who can employ an attorney
70
 LEGALETHICS

Generally, any person who has the

legal capacity to contract can employ an
attorney.
A person suffering from some legal
disability cannot retain a lawyer to
appear for him in court.
Only a general guardian ad litem has
the authority to employ an attorney to
represent a minor or incompetent.
However, the appearance of a lawyer as
authorized by a relative of the minor or
incompetent is intrusive and will have
no effect, except to show the
attorneys good
faith in appearing in
court.
An agent clothed by his principal
with the power to deal with the
principals property or interest has the
authority to engage the services of an
attorney as counsel for the principal.
The agents authority to employ an attorney
for his principal need not be in writing. It
may be inferred from circumstantial
evidence.
General Rule: A wife has the authority to
engage the services of counsel even
without
her husbands consent in any of the
instances where she may prosecute or
defend an action without the necessity of
joining her husband as a party litigant.
o Exception: She cannot, however,
bind the conjugal
partnership for
the payment of the fees of
her lawyer without the husbands
authority.
o Exception to the exception: In a
suit between her and her husband,
which she is compelled to
institute or resist to protect her
rights.
General Rule: In a corporation, only the
board of directors has the authority to
employ an attorney to sue or defend an
action for the corporation as the power
to sue and be sued is lodged in them.
o Exceptions:
Such power to employ an
attorney may be delegated
in favor of any of its
corporate officers, expressly
or impliedly.
A single stockholder
 may institute a
derivative suit on behalf of
a corporation
and employ an attorney
for that
purpos
e.

71
 LEGALETHICS

with the practice of law shall make

C. ETHICAL NORMS AND clear to his client whether he is acting
RESTRICTIONS Canon 15. A lawyer
Generally
shall observe candor, A lawyer may only be as successful in
fairness and loyalty in all his dealings the practice as he has enough paying
and transactions with his clients. clientele.
Rule 15.01. A lawyer, in conferring
with a
prospective client, shall ascertain as
soon as practicable whether the
matter would
involve a conflict with another client or
his own interest, and if so, shall
forthwith inform the prospective client.

Rule 15.02. A lawyer shall be bound

by the rule on privileged
communication in respect of matters
disclosed to him by a prospective
client.

Rule 15.03. A lawyer shall not

represent conflicting interests except
by written
consent of all concerned given after a
full disclosure of the facts.

Rule 15.04. A lawyer may, with the

written consent of all concerned, act
as mediator, conciliator or
arbitrator in settling
disputes.

Rule 15.05. A lawyer when advising

his client shall give a candid and
honest opinion on the merits and
probable results of the clients case,
neither overstating nor understanding
the prospects of the case.

Rule 15.06. A lawyer shall not state

or imply that he is able to
influence any public official, tribunal
or legislative body.

Rule 15.07. A lawyer shall impress

upon his client compliance with the
laws and the principles of fairness.

Rule 15.08. A lawyer who is engaged

in another profession or
occupation concurrently
 Without clients, a lawyer may not be able adverse
to make a name as a practitioner though party used to be his client, the new
how talented he may be. client may have reason to suspect, in
On the other hand, a lawyer cannot case of an unfavorable judgment, that
just accept any case nor can he employ the circumstance prevented him from the
business full discharge of his duty.
methods to solicit professional Concealment of facts material to
employment or to advertise his talent employment may cause his client to
and skill to attract prospective clients. lose confidence in
hi
Lawyer shall ascertain possible m.
conflict of interests
Rule 15.01. A lawyer, in conferring Duty to decline employment
with a A lawyer should decline
prospective client, shall ascertain as soon professional employment even
as practicable whether the matter would though how attractive the
involve fee may be if its acceptance will
a conflict with another client or his involve a
own violation of any of the rules of the legal
interest, and if so, shall forthwith inform profession.
the prospective client. After giving advice to a plaintiff
It is the duty of a lawyer to disclose concerning a
and claim, the lawyer may not thereafter
explain to a prospective client accept retainer from the defendant to
all circumstances of his defeat that
relations to the parties, clai
and any interest in connection with the m.
controversy, which in his honest He may not accept employment from
judgment, might influence the client in another in a matter adversely affecting
the selection of a any interest of his former client with
counse respect to which,
l. confidence has been
The disclosure is more for the reposed.
protection of the lawyer than that of the Nor may he handle a case to nullify a
client. contract which he prepared.
If a lawyer conceals the fact that the
72
 LEGALETHICS

He should not accept employment as such prospective client.

an advocate in any matter in which he
had intervened while in the government Ethical considerations in taking a bad
service. This canonical injunction is based case
upon the necessity thatprofessional How can a lawyer take a case which he
integrityand public confidencein does not believe in?
that integrity be The classical answer to the question is
maintained. the
He may not accept employment from familiar dialogue Boswell: But what do
an organization to render you think of supporting a cause which
legal services to you know
members thereof concerning
questions submitted by the
members, the answers to which are
printed for circulation.
He may not accept employment as a
columnist to answer inquiries for advice
as to individual rights through the
medium of a newspaper column.
Nor may he accept employment
from a collection agency which solicits
business to collect its claims.
EXCEPTIONS: Rule 14.03. A lawyer
may
refuse to accept representation of an
indigent client if:
o He is not in a position to carry out
the work effectively or
competently;
o He labors under a conflict of
interests between him and
the prospective client or
between a present client and the
prospective client.

A lawyer shall preserve the secrets

of a prospective client
Rule 15.02. A lawyer shall be bound by
the rule on privileged communication in
respect of matters disclosed to him by
a prospective
client
.
Matters disclosed by a prospective client
to a lawyer are protected by the rule on
privileged communications even if the
prospective client
does not thereafter retain the lawyer or
the lawyer declines the employment.
Reason: To make the prospective client
discuss freely whatever he wishes with
the lawyer without fear that what he
discloses will not be divulged nor used
against him and for the lawyer to be
equally free to obtain information from
 to be bad? Johnson: Sir, you do not
know it to be good or bad till the judge
determines it..
It is his business to judge; and you are
not to be confident in your opinion that
a cause is bad, but to say all you can for
your client.
A lawyer certainly knows whether a
case is
good or bad because it is not only his
function but his duty to find out.
In a criminal action, it is the right of
the
lawyer to undertake the defense of a
person accused of crime, regardless of
his personal
opinion as to the guilt of the
accused;
otherwise, innocent persons, victims only
of suspicious circumstances, might be
denied
proper
defense.
It is improper for a lawyer to assert
in
argument his personal belief in his
clients
innocence or in the justice of his
cause.
In a civil action, the rules and ethics of
the profession enjoin a lawyer from
taking a bad
case
.
o Firstly, the signature of
counsel constitutes a
certificate by him that he has read
the pleading; that to the best of
his knowledge, information, and
belief there is good ground to
support it; and that it is not
interposed for delay.
Counsel who deliberately files
an unsigned pleading, or
signs a pleading in violation of this
Rule, or alleges scandalous or
indecent matter therein, or fails to
promptly report to the court a
change of his address, shall be
subject to appropriate
disciplinary action. (Rule
7, Section 3, Rules of Court)
o Secondly, it is the duty of an
attorney: To counsel or maintain
such actions or proceedings only
as appear to him to be just, and
such defenses only as he believes
to be honestly
debatable under the law;
(Rule 138, Section 20 (c),
Rules of Court)
o Thirdly, 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
73
 LEGALETHICS

or interest; (Rule 138, Section between him and the

20 (g), Rules of Court) prospective client or between a
o Finally, he must decline to present client and the
conduct a civil cause or to make a prospective client.
defense when convinced that it is
intended merely to harass or Rule 14.04. A lawyer who accepts
injure the opposite party or to the cause of a person unable to pay
work oppression or wrong. his professional fees shall observe
If a lawyer were to take a bad civil the same standard of conduct
governing his relations with paying
suit against a defendant, it will either be clients.
to exert
his best efforts toward a compromise or,
if unsuccessful, to advice his client to
Lawyer as advocate, generally
confess judgment.
The reason why laymen often ask the
ethical
question how can a lawyer take a
case which he does not believe in? is
due partly to unfamiliarity with the rules
and ethics of the legal profession and
partly to a lack of appreciation of the
rights of an accused.

D. LAWYER MAY NOT REFUSE HIS

SERVICES

CANON 14. A lawyer shall not refuse his

services to the needy.

Rule 14.01. A lawyer shall not

decline to represent a person solely
on account of the latters race, sex,
creed or status of life, or because
of his own opinion regarding the guilt
of said person.

Rule 14.02. A lawyer shall not

decline, except for serious and
sufficient cause, an
appointment as counsel de oficio or as
amici curiae, or a request from the
Integrated Bar of the Philippines or
any of its chapters for rendition of
free legal aid.

Rule 14.03. A lawyer may refuse

to accept representation of an
indigent client if:

a. he is not in a position to
carry out the work effectively or
competently;

b. he labors under a
conflict of interests
 The primary task of a lawyer, as an
advocate, is to represent a party litigant
in court, either as counsel for plaintiff or
for defendant, or as a public prosecutor
or as defense counsel.
1. General Rule: A private
practitioner is not obligated to act
as counsel for any
person who may wish to become
his
client. He has the right to
decline employment.
2. Exception: Public prosecutor
who cannot choose
cases to prosecute.
Canon 14: Duty of a lawyer to
accept employment insofar as the
needy and poor are concerned. Refusal
to accept being made the exception. Two
reasons:
1. The poor and the needy need most
the services of a lawyer but
hesitate to secure such
because they
cannot afford to pay or fear
refusal for their inability to
compensate the lawyer.
2. IBP objective to make legal
services available for those who
need them.
Requires a lawyer should not
lightly decline employment.
A lawyer shall not decline to
represent unpopular clients
Rule 138, sec. 20 (h-i). Duties of
attorneys. It is the duty of an attorney:
(h) Never to reject, for any
consideration personal
to
himself, the cause of the defenseless or
oppressed.
Rule 14.01. A lawyer shall not
decline to
represent a person solely on account of
the latters race, sex, creed or status
of life, or because of his own opinion
regarding the guilt of said person.
Regardless of his personal feelings, a
lawyer should not decline
representation
just because a client or a cause
is unpopular or community reaction is
adverse.
History is replete with instances
of distinguished and
sacrificial services
by
lawyers who had represented
unpopular clients and causes,
and received accolade for such services
from peers in the bar.
It is his duty not to decline to
represent the accused regardless of his
opinion as to his guilt.
74
 LEGALETHICS

The law presumes the accused innocent, counsel de oficio to defend him
and entitled to acquittal unless his guilt is and to transmit
proved beyond reasonable doubt. If the with the record on a form to be
prepared by the clerk of court of
rule were otherwise, innocent persons,
the appellate court, a
victims of suspicious certification
circumstances, might be denied proper of compliance with this
defense. duty and the
response of the appellant to
A lawyer shall not decline his inquiry. (Rule 122,
appointment by the court or by the IBP Sec. 13, Rules of
The relation of attorney and client may Court
be created not only by voluntary )
agreement but also by appointment as
counsel de oficio for a
poor or indigent litigant.
Rule 138, sec. 31 Attorneys for
destitute litigants.A court may assign
an attorney to render professional aid
free of charge to any party in a case, if
upon investigation it appears that the
party is destitute and unable to employ
an attorney, and that the services of
counsel are necessary to secure the
ends of justice and to protect the
rights of the party. It shall be the duty
of the attorney so assigned to render
the required service,
unless he is excused therefrom by the
court for sufficient cause shown.
In a criminal action, the court may
appoint a counsel de oficio in the
following instances:
1. Duty of court to inform accused of
his right to counsel.Before
arraignment, the court shall
inform the accused of his right to
counsel and ask him if he
desires to have one. Unless the
accused is allowed to defend
himself in person or has employed
counsel of his
choice, the court must assign a
counsel de oficio to defend him.
(Rule
116, Sec. 6, Rules of
Court)
2. It shall be the duty of the clerk of
the trial court, upon filing a
notice of
appeal, to ascertain from the
appellant, if confined in
prison, whether he
desires the Regional Trial
Court, Court of Appeals, or the
Supreme Court to appoint a
 3. Appointment of counsel de oficio
for the accused.If it appears
from the record of the case
transmitted that
a. the accused is confined
in prison,
b. is without counsel de parte
on appeal, or
c. Has signed the notice of
appeal himself, the clerk
of court of
the CA shall designate a
counsel de oficio.
An appellant who is not confined in
prison may, upon request, be assigned a
counsel de oficio within the 10 days from
receipt of the notice to file brief and he
establishes his right thereto by affidavit.
(Rule 124, Sec. 2, Rules of Court)
The court may not assign a counsel de
oficio to defend an accused when he
previously manifested his desire to
secure the services of a counsel de
parte. If the court does so, it violates the
defendants right to counsel, and his
conviction may be set aside on that
ground. If a counsel de oficio is
appointed, he must protest such
appointment.
Where a counsel de oficio has been
assigned to an accused and such counsel
has acted without objection from
the accused, the
conviction cannot be set aside on the
sole ground that said counsel was not
the choice of the accused.
Frequent appointment of same
counsel discouraged
The burden of regular practice and
the possibility of compensation
as counsel de
oficio as a regular source of income
should caution a court from frequently
appointing the same lawyer.
The overburdened counsel may have too
little time to spare for his de oficio cases
or may be eager to finish such cases to
be able to collect his fees within the
earliest possible time.
The accused stands to suffer, denied
effective assistance.
A lawyer may refuse to represent
indigent on valid grounds
GENERAL RULE: A lawyer is not obliged
to act as counsel for any person who
may wish to
75
 LEGALETHICS

become his client. He has the right to Amount of attorneys fees or clients
decline employment. financial capability to pay should not
EXCEPTIONS:
1. A lawyer shall not refuse his serve as a test to determine the extent
services to the needy or indigent. of the lawyers devotion to his clients
2. He shall not decline to represent a cause.
person solely on account of the latters
race, sex, creed or status of life or
because of his own opinion
regarding the guilt of said
person. (Canon 14, Rule
14.01)
3. If there is serious and sufficient cause,
an appointment as counsel de oficio
or as
amici curiae, or a request from the
Integrated Bar of the Philippines or
any of its chapters for rendition of free
legal aid. (Canon 14, Rule 14.02)

A government lawyer called upon to

represent the government, any agency,
or any officer in his official capacity either
as plaintiff or defendant in a case, may
not generally decline the assignment.
o Exception: He is disqualified to
act as counsel.
The Solicitor General is the principal
law
officer and legal defender of the
Government. o Has discretion in
choosing whether to prosecute or
not, or to abandon a
prosecution already
started.
o To take a position adverse to
the people of the Philippines in a
criminal case or to that of a
government agency or official
when he believes that justice will
be served by taking a different
stand.
o But cannot refrain from performing
his duty as lawyer of the
government.
o Mandamus will lie to compel him
to perform if refusal is based on
flimsy
grounds.

A lawyer shall observe the same

standard for all clients
Rule 14.04. A lawyer who accepts the
cause of a person unable to pay his
professional
 fees shall observe the same standard of
conduct governing his relations with
paying clients.
The purpose of the legal profession is to
render public service and secure justice
for those who seek its aid.
The gaining of a livelihood is only a secondary
consideratio
n.
76
 LEGALETHICS

CHAPTER 7 LAWYE R S in another profession or

DUTIES IN HANDLING occupation concurrently
CLIE NT S C A USE with the practice of law shall make
clear to his client whether he is acting
as a lawyer or in another capacity.
Canon 15. A lawyer shall observe
candor, fairness and loyalty in all his
dealings and transactions with his clients.

Rule 15.01. A lawyer, in conferring

with a prospective client, shall
ascertain as soon as practicable
whether the matter would involve a
conflict with another client or his own
interest, and if so, shall forthwith
inform the prospective client.

Rule 15.02. A lawyer shall be bound

by the rule on privileged
communication in respect of matters
disclosed to him by a prospective
client.

Rule 15.03. A lawyer shall not

represent conflicting interests except
by written
consent of all concerned given after a
full disclosure of the facts.

Rule 15.04. A lawyer may, with the

written consent of all concerned, act
as mediator, conciliator or
arbitrator in settling
disputes.

Rule 15.05. A lawyer when advising

his client shall give a candid and
honest opinion on the merits and
probable results of the clients case,
neither overstating nor
understanding the prospects of the
case.

Rule 15.06. A lawyer shall not state

or imply that he is able to
influence any public official, tribunal
or legislative body.

Rule 15.07. A lawyer shall impress

upon his client compliance with the
laws and the principles of fairness.

Rule 15.08. A lawyer who is engaged

 care, and devotion.
A lawyer who performs his duty with
A. ENTIRE DEVOTION WITHIN THE diligence and candor not only protects
L AW the interest of his client; he also serves
the ends of justice, does honor to the
Generally bar, and helps maintain the respect of
No lawyer is obliged to act as the community to the
advocate for every person who may legal
wish to secure his services. He has
profession. (Aromin v. Atty.
the right to decline
employment. Boncavil)
No fear of judicial disfavor or
public unpopularity should restrain
him from the full discharge of his duty. Every case a lawyer accepts deserves
In the judicial forum, the client is his full attention, diligence, skill, and
entitled to competence regardless of its importance
the benefit of any and every remedy and and whether he accepts it for a fee or
defense that is authorized by law, and he free. Certainly, a member of the Bar who
may expect his lawyer to is worth his title cannot afford to practice
assert every such the profession in a lackadaisical fashion.
remedy or
A lawyers lethargy is both
defense.
unprofessional and unethical (Jardin v.
Once he agrees to take up the cause Atty. Villar)
of a client, the lawyer owes fidelity to
The court as guardian of the legal
such cause and must always be mindful
of the trust and confidence reposed in profession expects a lawyer to employ all
him. the energies at his command. It
He must serve the client with demands of him the most scrupulous
competence and diligence, and performance of his
champion the duty. Negligence thereof will
cause delay in the administration of
latters cause with whole-hearted fidelity, justice or prejudice the litigants rights.

77
 LEGALETHICS

Public interest requires that an attorney of the supposed

exert his best efforts in the prosecution rights of their clients is to defeat
or defense of his clients cause. the administration of justice.
When rendering any improper
service or advice, the lawyer invites
A lawyer shall perform duty within the
stern and just
law condemnatio
Rule 15.07. A lawyer shall impress n.
upon his client compliance with the laws
and the principles of fairness. He must also observe and advise his
Duties of attorneys. -It is the duty of client to observe the statute law,
an though until a
attorney: (c) To counsel or maintain such
actions or proceedings only as appear to
him to be just, and such defenses only as
he believes to be honestly debatable
under the
law. (Rule 138, Sec. 20, Rules of
Court)
Duty to secure for the client,
through honorable means, only
what is justly due him.

A lawyer is required to represent his

client within the bounds of the law. The
CPR enjoins him to employ only fair and
honest means to attain the lawful
objectives of his client and warns him not
to allow his client to dictate procedure in
handling the case. He may use arguable
construction of the law or rules which
are favorable to his client. But he is not
allowed to knowingly advance a claim or
defense that is unwarranted under
existing law.

The trust confided to an attorney must

be performed within the bounds of law.
His office does not permit violation of
law or any manner of fraud or chicanery.
He swore, upon his admission to the
practice,
to uphold the cause of justice, obey the
law, and do no falsehood.

There is nothing in the duty to a client

which makes it necessary for a lawyer to
swear to that which is false, to disregard
the truth and defy the clear purpose of
the law, or to obtain for his client
something to which he is not justly and
fairly entitled.
To permit lawyers to resort to
unscrupulous practices for the protection
 statute shall have been construed processes.
and interpreted by competent
jurisdiction, he is free and is entitled to As officers of the court, counsels are
advice as to its validity and as to what he under obligation to advice their
conscientiously believes to its just clients against making
meaning and extent. untenable and inconsistent claims.

But above all a lawyer will find his If a lawyer finds his clients contemplated
highest honor in a deserved reputation civil suit totally devoid of merit
for fidelity to private trust and to public or wholly defenseless, he
duty, as an honest man and as a patriotic should inform his client and dissuade
and loyal citizen. him from filing or to compromise
rather than traverse the incontrovertible.
If, on the other hand, he finds that his
A lawyer shall give candid advice on clients
merits of case cause is fairly meritorious and ripe for
A lawyer should endeavor to obtain judicial adjudication, he should refrain
full knowledge of his client's cause from making bold and confident
before advising thereon. assurances of success.
Rule 15.05. A lawyer when advising Rule 15.06. A lawyer shall not state or
his imply that he is able to influence any
client shall give a candid and honest public official, tribunal or legislative
opinion on the merits and probable body.
results of the clients case, The miscarriages to which justice is
neither overstating subject,
nor understanding the prospects by reason of surprises and
of the case. disappointments in evidence and
It is incumbent upon a lawyer to give witnesses, through mistakes and
his client an honest opinion on the errors of courts, even though
probable results of the case, with only
the end vie of occasional, admonish lawyers to
promoting respect for the law and legal beware of bold and confident
assurances to clients,
78
 LEGALETHICS

especially where the employment client.

may depend upon such While he owes devotion to him, he
assurance.
cannot overstep the bounds set by his
responsibility as a lawyer. For his duty to
the court is not secondary to that of his
client.
Duty to comply with clients lawful
request As to incidental matters pending trial,
A lawyer should endeavor to seek
instruction from his client on any not affecting the merits of the cause, or
substantial matter working substantial prejudice to the
concerning the litigation, which may rights of the
require decision on the part of the client, client, such as forcing the opposite
such as whether to compromise the case lawyer to
or to appeal
an unfavorable
judgment.
He should give his client sound advice on
any similar matters and comply with the
clients lawful instructions.
He should resist and should never follow
any unlawful instruction of his client.
In matters of law, it is the client who
should yield to the lawyer.
Rule 19.03. A lawyer shall not allow
his client to dictate the procedure in
handling the case.
He should not act like an errand boy at
the beck and call of his client, ready and
eager to
do his
bidding.
He must obey his own conscience and not
that of his
client.

The responsibility for advising as to

questionable defenses is the lawyer's
responsibility. He cannot escape it but
urging as an excuse that he is only
following his client's instructions.

A lawyer who files a pleading which

contains contemptuous allegations
cannot evade
responsibility by saying that he is merely
the
mouthpiece of his client and that his
client verified the same.

He is not just an instrument of his

 trial when he is under affliction official, tribunal or legislative body.
or bereavement; forcing the trial Influence peddling is highly unethical
and may constitute violation of the Anti-
on a particular day to the injury of the Graft and
opposite lawyer when no harm will result Corrupt practices
from a trial at different time; agreeing to Act.
an extension of time for signing a
bill of exceptions, cross
interrogatories and the like B. EMPLOYMENT OF HONORABLE
MEANS
No client has a right to demand that
his counsel shall be illiberal, or that he
does anything therein repugnant to his Duty to employ honorable means only
Rule 19.01. A lawyer shall employ
own sense of honor and propriety. only fair and honest means to
attain the lawful objectives of
Duty to restrain client from impropriety his client and shall not present,
A lawyer should use his best participate in presenting or
efforts to restrain and to prevent his threaten to present unfounded
clients from doing criminal charges to obtain an improper
those things which the lawyer himself advantage in any case
ought or
not to do, particularly with reference to proceedin
their conduct towards courts, judicial g.
officers, Rule 138, Sec. 20(d). Duties of
jurors, witnesses and suitors. If a client attorneys. It is the duty of an attorney:
persists in such wrongdoings the (d) To employ, for the purpose of
lawyer should terminate their relation. maintaining the causes
confided to him, such means only as are
A lawyer shall not undertake consistent with truth and honor, and
influence- peddling never
Rule 15.06. A lawyer shall not state or seek to mislead the judge or any
imply judicial
that he is able to influence any public
79
 LEGALETHICS

officer by an artifice or false statement of prevent fraud and the law denies
fact or law. relief to a party who sleeps on his
(c) To counsel or maintain such rights.
actions or proceedings only as appear to
him to be just, and such defenses only The negative defense of lack of
as he believes to be knowledge or information as
honestly debatable under the law; permitted by the rules must be
(f) To abstain from all offensive availed of with sincerity and in good
personality and to advance no fact
faith. It must not be employed to
prejudicial to the honor or reputation
of a party or witness, delay the litigation.
unless required by the justice of the
cause with which he is charged;
It is improper for a lawyer to
assert in
argument his personal belief in his
client's innocence or in the justice of his
cause.
1. The lawyers personal belief has
no
real bearing on the case.
2. If expression of belief were
permitted, it would give improper
advantage to the older and better
known lawyer whose opinion
would carry more
weight.
3. If such were permitted,
omission to make such assertion
might be taken
as an admission of the lack of
belief in
the soundness of his clients cause.

Technical defense
Some defenses, when employed to
defeat clearly valid claims, may raise
questions of propriety.
Some hold the view that the
defenses of
infancy or lack of capacity to be sued,
statute of frauds, and statute of
limitations may not, in the
absence of
some other defense, be properly
raised to frustrate honest and just
demands.
Much can be said against the
soundness of that view.
The fact that those defenses have
been provided by law shows that a
litigant may avail of them and his
counsel may assert
and make them
effective.
The statute of fraud is designed to
Prosecuting or defending participation in any collusion
matrimonial cases between the parties such as:
Civil Code, Art. 52. Marriage is not a o By encouraging the
mere contract but an commission of a matrimonial
inviolable social offense.
institution. o Fabricating evidence of
Civil Code, Art. 88. No judgment such offense not
annulling a marriage shall be actually committed.
promulgated upon a stipulation of o Suppressing evidence of a
facts or by confession of judgment. valid defense.
Civil Code, Art. 101. No decree of A lawyer should also avoid any act
legal separation shall be promulgated which may raise suspicion of
upon a stipulation of facts or by collusion.
confession of
judgment. A lawyer should always incline the
Art. 222. No suit shall be filed scale of his decision in favor of that
or maintained between members solution which will serve best all his
of the same family unless it should loyalties, by
appear that earnest efforts toward a declining the professional
compromise have been made. employment or terminating a
professional relationship.
In annulment and legal
A lawyer shall rectify clients fraud
separation proceedings, the
Rule 19.02 A lawyer who has
circumstance that the State is vitally
received information that his client has,
interested in the
in the course of the representation,
maintenance of the marriage relation
perpetuated a fraud upon a person or
does not make improper
tribunal, shall promptly call upon the
the lawyers appearance in
client to rectify the same, and failing
securing for his client what is due him which he shall terminate the relationship
under the law. with such client in accordance with the
What is unethical is the lawyers
Rules of Court.
80
 LEGALETHICS

When a lawyer discovers that some reasonably expect that

counsel will make good his
fraud or deception has been practiced,
representations.
which was unjustly imposed upon the Rule 18.03. A lawyer shall not
court or party, he should endeavor to neglect a legal matter
rectify it; at first by advising his client, entrusted to him, and
his negligence in connection
and if his client refuses to forego the
therewith shall render him
advantage thus unjustly gained, he liable.
should promptly inform the injured
person or his counsel, so that they A lawyer who delayed filing an
action to revive a judgment and
may take appropriate steps.
thereafter filed a
(Canon 41, Code of
Professional Ethics)

Canon 41 may collide with the lawyers

duty to keep the clients confidence
inviolate, which may be the reason why
the Code of Professional Responsibility
merely requires the lawyer to terminate
his relationship with the client in the
event the latter fails or refuses to
rectify the fraud.

C. WHAT ARE REQUIRED TO

PROTECT
CLIE NT S I NT E
RE ST S

Generally
Canon 18. A lawyer shall serve his client
with competence and diligence.
By accepting a retainer, a lawyer
impliedly
represents that:
a. He possesses requisite degree of
learning, skill, ability which is
necessary to the practice of his
profession and which other
similarly situated possess;
b. He will exert his best judgment in
the
prosecution or defense of the
litigation entrusted to him;
c. He will exercise reasonable and
ordinary care and diligence in the
use of his skill and in the
application of his knowledge to his
clients cause;
d. He will take such steps as will
adequately safeguard his
clients
interest. A client may
 defective complaint that it did not
suspend the prescriptive period to file
an action betrayed his clients
trust and did not
champion his cause.
Duration and extent of a lawyers
duty to safeguard clients interest
The attorneys duty to safeguard the
clients interest commences from his
retainer until his effective release from
the case.
During that period, he is expected to
take
such reasonable steps and such ordinary
care
as his clients interests may
require.
The failure of his client to pay him his
fees does not warrant his abandoning the
case.
A lawyer shall render service only
when qualified to do so
Rule 18.01. A lawyer shall not
undertake a legal service which he
knows or should know that he is not
qualified to render. However he may
render such service if, with the consent
of his client, he can obtain as
collaborating counsel a lawyer who is
competent on the matter.
A lawyer shall not handle a case
without adequate preparation
Rule 18.02. A lawyer shall not handle
any legal matter without adequate
preparation.
Lawyer should safeguard his clients
rights
and interests
by:
1. Thorough study and
preparation;
2. Mastering applicable law and facts
involved in a case, regardless of
the
nature of the assignment;
and
3. Keeping constantly abreast of
the latest jurisprudence
and developments in all branches
of the law.
Inadequate preparation spawns
adverse effects that go far beyond
the personal interest of the client.
When the merits of one side of a case
are not properly presented because of
inadequate legal presentation, the court
may be misled by looking at the case in
an uneven light.
Careless preparation may cast doubt upon
the
lawyers intellectual
honesty.
81
 LEGALETHICS

Thorough study and preparation will
not ensure winning the litigation, but
there is deep satisfaction of having lost
a case but won the esteem and respect
of his client and the approbation of the
court in the manner he espoused his
clients cause with skill,
diligence, ability, and candor.
the affiant has read the pleading and that
the allegations therein are true and
correct of his knowledge and belief.
In the verified certification against
forum shopping, it is signed only by
the party himself and not his lawyer, and
it may only be

Preparation of pleadings
A lawyers pleading:
o Shows the extent of his study
and preparation;
o Articulates his ideas as an officer
of the court;
o Mirrors his personality and reflects
his conduct and attitude toward the
court, the opposing party and his
counsel.
o Is a document embodying the
result of his work and furnishing
the basis on which to judge his
competence.

All of the above considerations

emphasize the need for utmost care in
the preparation of a pleading.
A pleader should bear in mind the
substantive and procedural requirements
of the pleading to be filed in the court.
He should not suppress or distort
material
and vital facts nor omit relevant
documents which bear on the merit or
lack of merit of his petition.
Honesty toward the court to enable
it to better appraise its merit or
deficiency.
The Rules of Court prescribe the
procedural requirements, such as in the
verification and
in the certification against forum
shopping.
Rule 7, Sec. 4., Rules of Court:
Verification.

Except when otherwise specifically

required by law or rule, pleadings need
not be under oath, verified or
accompanied by affidavit.

A pleading is verified by an affidavit that

 executed by a corporate officer who has
been duly authorized by its board of
directors. If there are two or more
parties, all of them should sign.
o action.
Except:
When one has been duly
authorized to do so by his
co- party.
Where the petitioners are
husband and wife
involving their
property, in which case only
one of them may sign.
In verifying a pleading, the certification
of the notary public must state that the
affiant personally appeared before him,
that the affiant is personally known to
the notary public or that the affiant
exhibited to him an official identification
issued by a government agency showing
his picture and signature. As required by
the notarial law and rule issued by the
Supreme Court.
If a lawyer fails to comply with
these requirements, the
complaint may be
dismissed or his client may lose the
case.
The client is bound by the action of
his
counsel, as well as by his mistake
or
negligence, and may even subject the
lawyer
to disciplinary
Interviewing witnesses
A lawyer may interview a witness in
advance of trial to guide him in the
management of litigation.
A witness is the human
instrumentality through which the law
and the judges and lawyers, endeavor to
ascertain the truth and to dispense
justice to the contending parties.
An attorney violates no ethical rule
when he ascertains from a witness
what the latter know and does not
know about the facts in
controvers
y.
What is unethical is to tell the witness
to say something which is false.
A lawyer may properly interview any
witness or prospective witness for the
opposing side in any civil or criminal
action without the consent of opposing
counsel or party. In doing so, however,
he should scrupulously avoid any
suggestion calculated to induce the
witness to suppress or deviate from the
truth, or in any degree to affect his
free and
82
 LEGALETHICS

untrammeled conduct when appearing at not bound thereby.

the trial or on the witness stand. When the motion for postponement has
A lawyer may properly obtain been denied or the case has been set
statements from witnesses whose names for trial for
were furnished by the opposing the last time, the lawyer must
counsel or interview the take precautionary measures such
employees of the opposing party even as notifying the court or asking his
though they are under clients to secure the services of
subpoena to appear as another lawyer or requesting
witnesses for the opposite side. another attorney to appear for
If after trial resulting in him.
defendants
conviction, his counsel has been advised Adoption of a system to insure
that a prosecution witness committed receipt of mails
perjury, it is the lawyers duty to
endeavor honorably to
obtain such witness
retraction.
An adverse party, though he may be
used as a witness, is not a witness within
the meaning of the rule permitting a
lawyer to interview the witness of the
opposing party.
A lawyer should not in any way
communicate upon the subject of
controversy with a party represented by
counsel, much less should he undertake
to negotiate or compromise the matter
with him, but should deal only with his
counsel.

What to do in case of conflict of trial

dates
Two or more cases set for trial in
different courts and on the same date
without the
lawyers previous knowledge should ask
for postponement of the latter cases as
he should not give undue preference for
the work in one against the other.
o Except: In favor of that case
wherein the court has served
warning in view of previous
repeated postponements
Motion for postponement should be
presented at such time as practicable to
prevent the adverse party from coming to
court with his witnesses on the date of
trial as to spare
unnecessary
expense.
A lawyer should not assume that his
motion for postponement will be granted
even if the
adverse party conforms since the court is
 Rule 13, Sec. 10. Rules of Court
Completeness of service.
Service by ordinary mail is complete
upon the expiration of ten (10) days
after mailing, unless the court otherwise
provides.
Service by registered mail is complete
upon
actual receipt by the addressee, or after
five (5) days from the date he received
the first notice of the postmaster,
whichever date is earlier.
This rule imposes upon a lawyer the
duty to maintain a system that will
insure his prompt receipt of notices and
communications sent to him by mail at
his address of record.
The failure or refusal of a lawyer to
claim registered mails addressed to him
may prove
prejudicial to his clients interests, as
when as a consequence thereof, he fails
to attend a hearing, to file a responsive
pleading on time, pay the docket fee, or
appeal an adverse judgment.
Circumstances that will not warrant
reopening of the litigation nor prevent
the service by
registered mail from being effective
after 5
days notice:
1. That a lawyer could not afford to
hire a regular clerk to claim his
mail.
2. That his clerk failed to call his
attention to it.
3. That the demands of his work
required him to be in different
places.
4. That he changed his address
without
notice to the court thereof.
Notice of change of address
Without his address being recorded
in the case, a lawyer will not be
entitled to be
served with judicial notice.
Without informing the court in writing of
such change, a notice served at the
attorneys original address is binding
upon the client.
Insofar as the court is concerned, the
last address on record is the place where
all notices shall be served until the
court is
officially informed to the contrary.
Notice of death of client
Rule 3, Sec. 16. Rules of Court:
Death of party; duty of counsel:
83
 LEGALETHICS

Whenever a party to a pending action case will minimize

dies, and the claim is not thereby occasions for misunderstanding or loss
extinguished, it shall be duty of his client of trust and confidence.
to inform the court within 30 days after The client should not, however, sit idly
by. It
such death of the fact thereof, and to
is also the clients duty to make
give the name and address of his legal proper inquiries from his counsel
representative or representatives. Failure concerning his case.
of counsel to comply with this duty shall
be a ground for disciplinary action.

The legal representatives can be

substituted as parties.
The failure of giving such notice binds
his
client as well as the heirs of any
judgment.
The court does not take judicial notice of
the death of a party and will render
decision as if the party is alive.

Requiring clerk of court to do his duty

Rule 20, Section 1. Rules of Court:
Calendar
of
cases. The clerk of court,
under the direct supervision
of the judge, shall keep a
calendar of cases for pre-trial, for trial,
those whose trials were adjourned or
postponed, and those with motions to set
for hearing.

If the clerk of court is negligent, it is

the lawyers duty to call the attention of
the court to that fact so that the
administration of justice will not suffer
any delay.
While an appellant may expect the
clerk of court to do his duty, it does not
discharge the counsel from the
responsibility of seeing that
the record on appeal and evidence are
elevated to the appellate court.

Duty to keep client fully informed

Duty to advise promptly the client of
any important information.
Notify client of an adverse decision within
the
period to appeal to enable the client to
decide whether to seek appellate review.
Keeping the client fully informed of
important developments of his
What is required when moving from or misuse court
time to file pleading or to postpone processes.
hearing The court frowns upon the lawyers
Pressure of work or some practice of
unavoidable reasons may repeatedly seeking extensions and
constrain a lawyer to file a motion for thereafter simply letting the period
extension of time to file pleadings. lapse without submitting any
A lawyer should not assume that such pleading or even explanation for their
motion will be granted. failure.
A lawyer should inquire from the clerk Postponement is not a matter of right
of but of sound judicial discretion.
court the courts action
thereon. Diligence in handling case
He runs the risk of time running out on A lawyer must exercise ordinary
him. diligence or that reasonable degree of
Where a motion for extension has care and skill having reference to
remained unacted, the least that is the character of the
expected of a business he undertakes to
lawyer in the meanwhile is to file it do.
within the He is not, however, bound to
time asked exercise
extraordinary
for.
diligence.
When there is failure after the lapse of
What amounts to carelessness or
the period, he should nonetheless file
negligence depends upon the
it with a
circumstances of the case.
motion for leave to admit it, stating the
There is want of diligence where:
reasons for the delay.
1. The lawyer failed, without
Rule 12.03. A lawyer shall not,
sufficient justification, to bring
after obtaining extensions of time
an action
to file pleadings,
immediately.
memoranda or briefs, let the period lapse
2. Failure to file the answer to
without submitting to the same or
the complaint within
offering an explanation for his failure to
the reglementary
do so.
period.
Rule 12.04. A lawyer shall not unduly
3. Failure to notify his client of the
delay a case, impede the execution of a
date of the hearing.
judgment

84
 LEGALETHICS

4. Failure to attend the scheduled clients interest.

pre- trial conference or hearing. A lawyer who finds it impracticable to
5. Failure to prosecute the action continue representing a client should
for a reasonable period. inform the latter of his predicament and
6. Failure to inform the client of ask that he
an be allowed to withdraw from the case to
adverse judgment within the enable the client to engage the
reglementary period to appeal. services of
7. Failure to take steps to have another counsel who can study the
the adverse decision situation
reconsidered or and work out a
appealed. solution.
8. Failure to ascertain the correct
date of receipt of the decision.
9. Failure to acquaint himself with
what
has happened to the
litigation.
10. Failure to pay the docket fee
on appeal.
11. Failure to claim judicial notices
sent to him by mail.
12. Failure to file the appellants
brief.

A new counsel, who enters his

appearance in midstream, has the
duty not only to
thoroughly study the case but also to
inquire as to the status of the case.
Failure to do so prevents him from taking
required steps and may adversely affect
his clients interests.
Rule 18, Sec. 4, Rules of Court:
Appearance of Parties.

It shall be the duty of the parties and

their counsel to appear at the pre-trial.

The non-appearance of a party may be

excused only if a valid cause is
shown therefor or if a representative shall
appear in his behalf fully authorized in
writing to enter into an amicable
settlement, to submit to alternative
modes of dispute resolution, and to
enter into stipulations or admissions
of facts and of documents.

Pressure and large volume of legal

work provide no excuse for the lawyers
inability to exercise due diligence in the
performance of his duty to take the
necessary legal steps to protect his
 Where the client refuses to cooperate the lawyer of his sworn duty of fidelity
or is nowhere to be found, a lawyer to his client. It
should ask that he be discharged or means an efficient and truly decisive
should apply to the court that he be legal assistance and not
released. simply a
Retirement from the case should be perfunctory
made on record. His representation.
impending release Rule 138, Sec. 20 (i) In the defense
from of a
professional obligation does not excuse person accused of crime, by all fair and
him honorable means, regardless of his
from the non-performance personal opinion as to the guilt of
thereof. the accused, to
present every defense that the law
permits, to the end that no person may
D. STANDARD OF DUTY IN be deprived of life or liberty, but by due
CRIMINAL ACTIONS process of law.
A lawyer may not cause the transfer,
through
Duty to render effective legal service misrepresentation, of a case pending in
The lawyer must decline to conduct a one sala to another of the same court
civil cause or to make a defense when without the knowledge and consent of
convicted the judge taking cognizance of said case
that it is intended merely to harass for the purpose of obtaining from the
or to second sala a more
injure the opposite party or to satisfactory remedy.
work oppression or wrong. A lawyer, in seeking reversal of a
It is the right of the lawyer to lower
undertake the defense of a courts conviction of his client, may
person accused of not attribute to the trial judge personal
crime, regardless of his motives or attacking him acrimoniously
personal opinion as to the behind his back in his appeal brief.
guilt of the The interest of the public requires that
accused. every verdict be rendered only upon
The right of an accused to counsel the issues
finds substance in the performance by raised and evidence presented,
uninfluenced
85
 LEGALETHICS

by pleas of counsel to passion, prejudice, The court requires strict accountability

or distorted sense of justice. in the performance of a
It is a disgrace to the bar and an lawyers duty to
affront to the court for a lawyer to plead
the impoverished client.
that, on behalf of an accused charged
A counsel de oficio ought not to ask
with killing a person to be
for monetary consideration, that his
excused from his responsibility for any
accused client was a poor, ignorant
trivial reason.
man blinded by the promise of wealth,
Nor does his appointment as an
and it was too great a temptation to
election registrar justify his
resist.
release from his
It is improper for a lawyer to
responsibility as counsel de oficio unless
assert in argument his personal belief
on valid grounds.
in his client's innocence or in the
justice of his cause. The
lawyer is bound, by all fair and
honorable
means, to present every defense that the
law of the land permits, to the end that
no person may be deprived of life or
liberty but by due process of law.

What is required of counsel de oficio

He is expected to render effective service
and to exert his best efforts on
behalf of an
indigent
accused.
He has the bounden duty to exert
utmost efforts to defend his client and
protect his
rights, no matter how guilty or evil
he
appears to
be.
The performance of his duty is all the
more imperative because the life of
the accused
hangs in the
balance.
He failed in the performance of such
duty as counsel for the accused:
o Where he refused to cross-
examine the offended party in a
rape case because he believed
she was telling the truth and did
not present evidence
for the accused.
o Where barely days after accused
client pleaded not guilty
he filed a
manifestation in open court that
his client was changing his plea to
that of
guilty.
Duty of defense counsel when records.
accused intends to plead guilty
Plea of guilty: An admission by the In grave offenses, after the plea of
accused of his guilt of a crime as charged guilty, the prudent and proper course to
in the information and of the truth of follow is for the trial court to require the
the facts taking of testimony of the accused so as
alleged, including the qualifying
to establish the precise degree of his
and aggravating circumstances.
The imposition of sentence proceeds culpability and leave no room for
from a plea that is truthful and made doubt that there is no mistake
voluntarily by or misunderstanding as to the nature
the accused with full awareness of of the charges.
its consequences and of his rights. The review by the Supreme Court of a
It is the duty of defense counsel when lower
his courts judgment would permit judicial
client desires to enter a plea of inquiry as to the extent a defense
guilty, to: counsel has performed his duty to
1. Fully acquaint himself with the an accused who pleaded
records and surrounding guilty to a capital offense and would
circumstances of the case; minimize the denial of an accuseds
2. Confer with the accused and
right to an effective assistance of
obtain from him his account of
what had happened; counsel.
3. Advise him of his constitutional Taking of testimony after a plea of
rights; guilty could also prevent the
4. Thoroughly explain to him the imposition of an
import of a guilty plea and the incorrect
inevitable conviction that will penalty.
follow; and
5. See to it that the prescribed The guilty plea system is not conducive
procedure which experience has to a sound attorney-client relationship.
shown to be It has been asserted that there are
necessary to the administration some
of justice is professional writrunners and
strictly followed pleaders
and lawyers who handle large volume of
disclosed in the court cases for

86
 LEGALETHICS

less than spectacular fees by

advising, influencing, cajoling, or E. CONSEQUENCES OF
even coercing clients to plead guilty, FAILURE TO PERFORM DUTIES
irrespective of their guilt or innocence.
A lawyer who has been thrice
appointed counsel de oficio, cautions
the courts from
frequently appointing the same
attorney to
prevent the possibility of having the
compensation for services rendered
as a
regular source of income, as the
counsel might be inordinately eager to
finish the cases to be able to collect
his fees at the
earliest possible
time.
And the quickest and easiest way to
accomplish that purpose is to ask an
accused to plead guilty even when
counsel knows his client did not commit
the offense.

The guilty plea system puts even the

most reputable lawyer into a trying
situation.
Where a guilty plea would be an
advantage in view of the
evidence of guilt and the
prosecutions offer to charge him with a
lesser
offense, notwithstanding the accused
insisting his innocence.
If he were to advise his client to enter a
plea of not guilty, he may be less than
true to his
duty of extending the best legal
assistance to the accused.
On the other hand, if he were to
advise a guilty plea to the lesser
offense, a problem
arises as to the correctness of the step
taken especially when evidence is
adduced, the accused appears to be
innocent.
There appears to be no immediate
solution in sight to the ethical and
economic problems posed by the guilty
plea system.
Such problems underscore the need
for a
defense counsel to be conscientious and
diligent in the discharge of his duties to
the accused.
 the negligence or misconduct
Consequences to a client for lawyers of his counsel
breach because the client is generally bound by
of trust his
The client may lose his case due to lawyers omission or mistake.

Generally
Failure of the lawyer may render
him administratively liable,
which may be a
reprimand, warning, suspension from
the practice of law, and even
disbarment
depending upon the circumstances and
prejudice caused to the client.
87