DESPERATE ETHICS law, labor and social legislation, medical

jurisprudence, taxation and legal

REVIEWER (Use at your own ethics. chan robles virtual law library
Sec. 6. Pre-Law. - No applicant for
risk, sobrang basura lol) admission to the bar examination shall
SUMMREV 1-1856-86 be admitted unless he presents a
certificate that he has satisfied the
Codals- see essentials/ powerful kapitan Secretary of Education that, before he
WTO-make a stand began the study of law, he had pursued
LASTMIN TIPS gloss over and satisfactorily completed in an
authorized and recognized university or
college, requiring for admission thereto
the completion of a four-year high school
roles and course, the course of study prescribed
therein for a bachelor's degree in arts or
responsibilities of sciences with any of the following
subjects as major or field of
lawyers in society concentration: political science, logic,
english, spanish, history and economics.
1-18

review the reading on the Familiarise yourselves with various

scenarios: on:
two document and think
about your stand on allowing good moral character
something more than an absence of bad
foreign lawyers to practice in
character.It is the will to do the unpleasant
the philippines thing if it is right and not do the pleasant
thing if it is wrong
Sec. 5. Additional requirements for other
applicants. - All applicants for admission
other than those referred to in the two
preceding sections shall, before being E.g.
admitted to the examination, 1.)concealment of pending criminal case
satisfactorily show that they have pending , regardless of its merits, to take the
regularly studied law for four years, and
bar exams
successfully completed all prescribed
courses, in a law school or university,
officially approved and recognized by the MORAL TURPITUDE
Secretary of Education. The affidavit of 2. ) Those that involve fraud or deceit:
the candidate, accompanied by a
Violation of BP 22;
certificate from the university or school
of law, shall be filed as evidence of such Falsification of public documents;
facts, and further evidence may be Estafa;
required by the court. Embezzlement;
Swindling;
No applicant shall be admitted to the bar
Smuggling
examinations unless he has satisfactorily
completed the following courses in a law murder
school or university duly recognized by bigamy
the government: civil law, commercial hazing
law, remedial law, criminal law, public
Murder
and private international law, political
Bigamy;
 Participation in fatal hazing of a fraternity 1982).

IMMORAL CONDUCT >Upholding the Dignity and Integrity of

the Profession
>What is grossly immoral conduct?
>Canon 7- A lawyer shall at all times
It is conduct which is willful, flagrant, or
uphold the integrity and dignity of the
shameless and which shows a moral
legal profession and support the
indifference to the opinion of the good and
activities of the integrated bar
respectable members of the community.
>Rule 7.01 - A lawyer shall be answerable
(Arciga v. Maniwag, A.M. No. 1608, August
for knowingly making false statement or
14, 1981)
suppressing a material fact in connection
>Grossly immoral act - one that is so
with his application for admission to the
corrupt and false as to constitute a criminal
bar.
act or so unprincipled or disgraceful as to be
Failure to live up to the standards of conduct
reprehensible to a high degree. (Reyes v.
may prevent an aspiring lawyer from being
Wong, A.M. No. 547, January 29, 1975.)
admitted to practice (Barba v. Pedro, A.M.
>The question of whether an act is grossly
No. 545-SBC, December 26, 1974.) and, if
immoral may depend, to some extent, upon
admitted without the Supreme Court
the prejudice, caprice & bias of the court,
acquiring knowledge of his transgressions
and the general concept of morality
thereof, he may be disbarred for such
prevailing at the time.
misconduct. (Diao v. Martinez, A.C. No. 244,
>Cohabitation per se is not grossly immoral;
March 29, 1963.)
it will depend on the surrounding
>Rule 7.02 - A lawyer shall not support
circumstances. (In re: Regidor R. Toledo v.
the application for admission to the bar
Atty. Jerry R. Toledo, A.M. No. P-07-2403,
of any person known by him to be
February 6, 2008.) Mere intimacy between a
unqualified in respect to character,
man and woman, both of whom possess no
education, or other relevant attribute.
impediment to marry, voluntarily carried on
He should volunteer information or
and devoid of any deceit on the part of the
cooperate in any investigation concerning
former, is neither so corrupt nor so
alleged anomalies in the bar examination so
unprincipled as to warrant the imposition of
that those candidates who failed therein can
disciplinary sanction against him, even if as
be ferreted out and those lawyers
a result of such relationship a child was born
responsible therefor can be disbarred. (In re
out of wedlock. (Figueroa v. Barranco, Jr.,
Parazo, 82 Phil. 230, December 3, 1948.)
SBC Case No. 519, July 31 1997,) However,
this rule does not apply to lawyers who are
>A Lawyer Shall Always Conduct Himself
married, to whom a stricter rule would apply.
Ethically and Morally
>Even if a lawyer is not judged as grossly
Rule 7.03 - A lawyer shall not engage in
immoral, he may nonetheless be
any conduct or do any act that adversely
reprimanded where such evidence shows
reflects on his fitness to practice law, nor
failure on his part to comply with the
to behave, in his public or private life, in
rigorous standards of conduct appropriately
a scandalous manner to the discredit of
required from members of the bar and court
the legal profession.
(Tolosa v. Cargo, A.M. No. 2385, April 7,
He should conduct himself at all time 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.
A lawyer may be disciplined for misconduct
committed either in his professional or
private capacity. The test is whether his
conduct shows him to be wanting in moral
character, honesty, probity, and good
demeanor, or whether it renders him
unworthy to continue as an officer of the
court. (Navarro v. Solidum Jr., A.C No. 9872,
Jan 28, 2014.)
>Gross Immorality Reflective of
Unfitness to Practice
To justify suspension or disbarment, the act
must not only be immoral; it must be grossly
immoral as well. (Figueroa v. Barranco, Jr.,
SBC Case No. 519. July 31, 1997).
VIOLATION OF NOTARIAL
RULES
Misconduct as notary public
2-fold penalty: 1st for the act and omission
as a notary public, and 2nd for act or
omission as a lawyer.
By applying for and having himself
commissioned as notary public, a lawyer
assumes these duties in a dual capacity, in
the non-performance of which duties he may
be disciplined as a member of the bar. He
may be held to account as a lawyer for an
act as a notary public of a disgraceful or
immoral character even to the extent of the
disbarment (Benguet Electric Cooperative v.
Flores)
Notarization is not an empty,
meaningless, routinary act. It is
invested with substantive public
interest, such that only those who
are qualified or authorized may act
as notaries public. Notarization
converts a private document into
a public document; thus, making
that document admissible in
evidence without further proof of its
authenticity. A notarial document is
by law entitled to full faith and credit
upon its face.
QUALIFICATIONS (F21- GOOD
MORAL RESIDENT)
REVOCATION AND
ADMINISTRATIVE SANCTIONS
Grounds
3. Any ground on which an application
for a commission may be denied
(e.g., conviction at the first instance
of a crime involving moral turpitude);
4. failure to keep a notarial register;
5. failure to make the proper entry or
entries in his notarial register
concerning his notarial acts;
6. failure to send the copy of the entries
to the Executive Judge within the first
ten (10) days of the month following;
7. failure to affix to acknowledgments
 the date of expiration of his
commission;
8. failure to submit his notarial register,
when filled, to the Executive Judge;
9. failure to make his report, within a
reasonable time, to the Executive
Judge concerning the performance
of his duties, as may be required by
the judge;
10. failure to require the presence of a
principal at the time of the notarial
act;
11. failure to identify a principal on the
basis of personal knowledge or
competent evidence;
12. executing a false or incomplete
certificate;
13. knowingly performing or failing to
perform any other act prohibited or
mandated by the 2004 Notarial
Rules; and
14. committing any other dereliction or
act which in the judgment of the
Executive Judge constitutes good
cause for revocation of commission
or imposition of administrative
sanction.(Notarial Law, Rule XI
Section 1[a] and 1[b]).
Guerrero v. Bihis (G.R. No. 174144,
2007), a notary public commissioned
for and in Caloocan City notarized a
will in Quezon City. The Supreme
Court held that the notary public had
no authority to notarize documents in
Quezon City, and therefore the will in
this case was void for being
defectively- notarized.
The act of notarizing documents
outside one's area of commission is
not to be taken lightly. Aside from
being a violation of Sec. 11 of the
2004 Rules on Notarial Practice, it
also partakes of malpractice of
law and falsification.
Notarizing documents with an
expired commission is a violation of
the lawyer's oath to obey the laws,
more specifically, the 2004 Rules on
Notarial Practice. Since the public is
deceived into believing that he has
been duly commissioned, it also
amounts to indulging in deliberate
falsehood, which the lawyer's oath
proscribes.
Notarizing documents without the
presence of the signatory to the
document is a violation of Sec. 2(b)
(1), Rule IV of the 2004 Rules on
Notarial Practice, Rule 1.01 of the
Code of Professional Responsibility,
and the lawyer's oath which
unconditionally requires lawyers not
to do or declare any falsehood.
Finally, Atty. Quintana is personally
accountable for the documents that
he admitted were signed by his
wife. He cannot relieve himself of
liability by passing the blame to his
wife. He is, thus, guilty of violating
Canon 9 of the Code of Professional
Responsibility, which requires
lawyers not to directly or indirectly
assist in the unauthorized practice of
law. Laquindanum v. Quintana (A.C.
No. 7036, June 29, 2009, En Banc)

OTHERS
Member of the bar may be disbarred 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 willful
disobedience of any lawful order of a
superior court, or for corruptly or willfully
appearing as an attorney for a party to a
case without authority so to do. The practice
of soliciting cases at law for the purpose of
gain, either personally or through paid
agents or brokers, constitutes malpractice.
Grounds for Discipline; in general (M.U.)
As a rule, a lawyer may be disciplined for
gross misconduct or malpractice or
unprofessional conduct (Rule 138, Sec.
27).
Malpractice ordinarily refers to any
malfeasance or dereliction of duty
committed by a lawyer. The practice of
soliciting cases at law for the purpose of
gain, either personally or through paid
agents or brokers, constitutes malpractice
(Id.).
Unprofessional Conduct in an attorney is
that which is unbecoming a member of that
profession.
**Enumerated grounds not exclusive
>The enumeration is not exclusive.
>A lawyer may be removed from office or
suspended from the practice of law on the
grounds other than those specifically
provided in the law .
>Any misconduct on the part of a lawyer in
his professional or private capacity which
shows him to be wanting in moral character
may justify his suspension or removal from
office even though the law does not specify
the acts as a ground for disciplinary action
(Mortel v. Aspiras, G.R. No. L- 9152, Dec.
28, 1956)
1.) Obstructing justice and abuse of legal
process
constitutes misconduct and justifies
disciplinary action against him
2.) Misleading the court
A lawyer must be a disciple of truth. Under
the Code of Professional Responsibility, he
owes candor, fairness and good faith to the
courts. He shall neither do any falsehood,
nor consent to the doing of any. He also has
a duty not to mislead or allow the courts to
be misled by any artifice (Benguet Electric
Cooperative, Inc. v. Flores)
Forum Shopping
constitutes direct contempt of court and
makes the lawyer liable administratively,
such as suspension from practice of law for
one year
Proffering false charges
>A lawyer, including a public prosecutor,
may be disciplined for filing or prosecuting
false charges against another, for his action
is a violation of his sword duty to do no
falsehood nor consent to the doing of any in
court, nor wittingly or willingly promote or
sue any false, groundless or unlawful suit
>To warrant disciplinary action against a
lawyer for preferring or prosecuting false
charges or complaints, it must be shown that
the charges are false and the lawyer
knows them to be so, in spite of which he
nevertheless filed them. In short, the lawyer
must have been moved by malice or bad
faith.
Introducing false evidence
-a violation of his oath to do no falsehood
nor consent to the doing of any in court
-constitutes a willful disregard of his solemn
duty to act at all times in a manner
consistent with the truth
Blackmail
Blackmail is the extortion of money from a
person by threats of accusation of exposure
or opposition in the public prints, obtaining of
value from a person as a condition of
refraining from making an accusation
against him, or disclosing some secret which
is calculated to operate to his prejudice (
ETC
Plus current events re:
duterte, calida,, aguirre,
yesay, alvarez
E. PUBLIC OFFICIALS AND PRACTICE
OF LAW
A lawyer does not shed his professional
obligations upon assuming public office
(Report of IBP Committee, p. 30.). Hence,
lawyers engaged in government service are
also governed by the Canons and Rules in
the Code of Professional Responsibility
(Canon 6, Code of Professional
Responsibility; Pineda, p. 100.) They are
expected to be more sensitive to their
professional obligation because their
conduct may be scrutinized by the public
eye. (Report of IBP Committee, p. 30.)
Lawyers in government service are expected
to be more conscientious of their actuations
as they are subject to public scrutiny. They
are not only members of the bar but also
public servants who owe utmost fidelity to
public service. A government lawyer is a
keeper of public faith and is burdened with a
high degree of social responsibility, higher
than his brethren in private practice. (Ramos
v. Imbang, A.C. 6788, August 23, 2007.)
Discipline of Lawyers in Government
Service
General Rule: A lawyer who holds public
office may not be disciplined as a member of
the bar for misconduct in the discharge of
his duties as a government official.
Exception: The misconduct constitutes a
violation of his duties as a lawyer.
Misconduct in office as a public official may
be a ground for disciplinary action if it is of
such character as to affect his qualification
as lawyer or to show moral delinquency.
DUTY TO SOCIETY
The primary duty of a lawyer to the society
or the State is to maintain allegiance to the
Republic of the Philippines, uphold the
Constitution and obey the laws of the land.
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.
Canon 1 - A Lawyer shall uphold the
Constitution, obey the laws of the land
and promote respect for law and legal
processes.
The presence of evil intent on the part of the
lawyer is not essential in order to bring his
act or omission within the terms of Rule 1.01
which specifically prohibits lawyers from
engaging in unlawful conduct.
Duty Not to Counsel Illegal Activities
Rule 1.02 - A lawyer shall not counsel or
abet activities aimed at defiance of the
law or at lessening confidence in the
legal system.
CANON 4 A lawyer shall participate in
the development of the legal system by
initiating or supporting efforts in law
reform and in the improvement of the
administration of justice.
It is not a strict duty of lawyers to contribute
to the improvement of the legal system.
However, it is a duty that stems from a
lawyers sense of responsibility. He must
recognize that the law is part of an intricate
social network, which necessarily includes
interaction with the society. He must
broaden out and continue to grow in
knowledge and competence in order to be
able to make the law socially responsive
(Comments of the IBP Committee that
drafted the Code, pp. 20-21.)
Upholding the Courts Authority and
Dignity
A lawyer, as a member of the bar and as an
officer of the court, should uphold the dignity
and authority of the court. He should not
promote distrust in the administration of
justice. (Surigao Mineral Reservation Board
v. Cloribel, G.R. No. L-27072, January 9,
1970)
 administrative discipline may be imposed by
Misconduct in the discharge of duties as both the Civil Service Commission (because
a public officer he is a civil servant) and by the Supreme
Former Rule: A lawyer who holds a Court (because he is a lawyer).
government office may not be disciplined as
a member of the bar for misconduct in the
discharge of his duties as a government
official (Cruz v. Cabal, Adm. Case No. 482,
October 31, 1964).
New Rule: However, with the promulgation
of the Code of Professional Responsibility,
the ruling in Cruz has lost its validity
because the Code applies to lawyers in
government service in the discharge of their
official tasks and makes their negligence in .
the performance of their duties as
government lawyers a ground for disciplinary
action.
In case of government lawyers,