LEGAL BASIC ETHICS

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11/10/14

Lawyers Oath

I do solemnly swear that I will maintain

allegiance to the Republic of the Philippines; I

will support its constitution and obey the laws as

well as the legal orders of the duly constituted

authorities therein; I will do no falsehood, nor

consent to the doing of any in court; I not

wittingly or willingly promote or sue any

groundless, false or unlawful suit, or give aid nor

consent to the same; I will delay no man for

money or malice, and will conduct myself as a

lawyer according to the best of my knowledge

and discretion, with all good fidelity as well to

the courts as to my clients; and I impose upon

myself this voluntary obligation without any

mental reservation or purpose of evasion. So

help me God.

11/17/14

1.) Practice of Law

Legal Ethics

-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, as embodied in the

Constitution, Rules of Court, the CPR, the CPE,

Jurisprudence, moral law and special law.

Significance of Legal Ethics

-guards against the abuses and ills of the

profession, such as dishonesty, deceit,

negligence, immorality and other forms of

malpractice.

-raises the standard of the legal profession

-encourages and enhances the respect for the

law

-assures an effective and efficient administration

of justice

-assists in the keeping and maintenance of law

and order

-provides basis for the weeding out of the unfit

and the misfit

Original Bases of Legal Ethics

-Canons of Professional Ethics

-Supreme Court Decisions

-Statues

-Constitution

-Rules of Court

-Treatises and Publications

Present Basis of Philippine Legal Ethics

-Code of Professional Responsibility

Definition of Terms

1.) Bar & Bench (Bar refers to the whole body of

attorneys and counsellors; collectively, the

members of the legal profession; they are

figuratively called the bar to distinguish them

from the bench, which terms denote the

whole body of judges. In the Philippines, it is

known as the Integrated Bar of the Philippines

where membership is mandatory)

2.) Bar Admission (Act by which one is licensed

to practice before courts of a particular state of

jurisdiction after satisfying certain requirements

such as bar examinations, period of residency or

admission on grounds of reciprocity after period

of years as member of bar of another

jurisdiction.)

3.) Lawyer/Titulo de Abodago/Counselor-at-

law/Attorney (This is the general term for a

person trained in the law and authorized to

advise or represent others in legal matters.)

-Trial Lawyer (A lawyer who personally handles

cases in court, administrative agencies or boards

which means engaging in actual trial work either

for the prosecution or for the defense of cases of

clients)

4.) Practising Lawyer (One engaged in the

practice of law.

5.) Pro Se (Self-representation)

6.) Client (One who engages the services of a

lawyer for legal advice or for purposes of

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prosecuting or defending a suit in his behalf and

usually for a fee)

7.) Attorney-at-Law (That class of persons who

are by license, 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.)

8.) Attorney-in-Fact (It is simply an agent whose

authority is strictly limited by the instrument

appointing him, though he may do things not

mentioned in his appointment necessary to the

performance of the duties specifically required

of him by the power of attorney appointing him,

such authority being necessarily implied.

9.) Counsel De Oficio (A counsel, appointed or

assigned by the court, from among such

members of the bar in good standing who, by

reason of their experience and ability, may

adequately defend the accused.

10.) Attorney Ad Hoc (A person named and

appointed by the court to defend an absentee

defendant in the suit in which the appointment

is made.)

11.) Attorney of Record (Attorney whose name

must appear somewhere in permanent records

or files of case, or on the pleadings or some

instrument filed in the case, or on appearance

docket.)

12.) Of Counsel (To distinguish them from

attorneys of record, associate attorneys are

referred to as of counsel)

13.) Lead Counsel (The counsel on either side of

a litigated action who is charged with the

principal management and direction of partys

case, as distinguished from his juniors or

subordinates, is said to lead the cause, and is

termed the leading counsel on the side.

14.) House Counsel (Lawyer who acts as attorney

for business though carried as an employee of

that business and not as an independent lawyer.)

15.) Amicus Curiae (a friend of the court. A

person with strong interest in or views on the

subject matter of an action, but not a party to

the action, may petition the court for permission

to file a brief, ostensibly on behalf of a party but

actually to suggest a rationale consistent with its

own views.)

16.) Amicus Curiae Par Excellence (Bar

associations who appear in court as amici curiae

or friends of the court)

17.) Advocate (The general and popular name

for a lawyer who pleads on behalf of someone

else)

18.) Solicitor (A person prosecuting or defending

suits in Courts of Chancery. Courts of Chancery is

a court which administers equity and proceeding

according to the forms and principles of equity.)

19.) Assumpit (action of collection of attorneys

fees.

20.) Bar Association (An association of members

of the legal profession like the Integrated Bar of

the Philippines where membership is integrated

or compulsory.

21.) Integrated Bar of the Philippines (The

national organization of lawyers created on

January 16, 1973.)

Regulation of Practice

-Supreme Court

-Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading,

practice and procedure in all courts, the

admission to the practice of law, the integrated

bar, and legal assistance to the under-privileged.

Nature of the Power

-Judicial in nature

-Judicial discretion

Meaning of Practice of Law

-Any activity, in or out of court, which requires

the application of law, legal procedure,

knowledge, training and experience. Generally,

to practice law is to give advice or render any

kind of service which advice or service requires

the use in any degree of legal knowledge or sill.

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(Cayetano vs. Monsod, G.R. No. 100113,

September 3, 1991).

Basic Characteristics of the Practice of Law

-Not a matter of right but a mere privilege

-Profession not a business

-Impressed with public interest

-Reserved only to those who are academically

trained in law and possessed of good moral

character.

Persons entitled to practice law

-persons admitted as members of the bar and

who are in good and regular standing (Sec. 1,

Rule 138, ROC)

Requirements for Admission to the Practice of

Law

1.) Citizen of the Philippines

2.) Residents of the Philippines at least 12 years

of age

3.) Of good moral character

4.) Produce before the SC satisfactory evidence

of good moral character

5.) No charges involving moral turpitude have

been filed or pending

6.) Complied with the academic requirements

7.) Pass the bar examinations

8.) Take the lawyers oath; and

9.) Sign the Roll of Attorneys

SC allowed Filipino graduates of foreign law

schools to take the Philippine Bar

Filipino citizen who are graduates of foreign law

schools are allowed to take the bar examinations

provided they show the ff:

1. Completion of all courses leading to the

degree of Bachelor of Laws or its

equivalent degree;

2. Recognition or accreditation of the law

school by the proper authority;

3. Completion of all the fourth year

subjects in a law school duly recognized

by the Philippine Government (SC Bar

Matter 1153: Re: Letter of Atty. Estelito

Mendoza (2010)]

Continuing Requirements for the Practice of

Law

1.) Good and regular standing

2.) Membership in the IBP

3.) Payment of IBP dues

4.) Payment of professional tax

5.) Compliance with the MCLE

6.) Possession of good moral character

Appearance of non-lawyers in court

-General Rule: Only those who are licensed to

practice law can appear and handle cases in

court except:

1. Before the MTC (Sec. 34, Rule 138, ROC)

2. Before any other court (lbid.)

3. In a criminal case before the MTC (Sec.

7, Rule 116, ROC)

4. Law Student Practice Rule (Rule 138-A,

ROC)

5. Before the NLRC (Art. 222, Labor Code)

6. Before a Cadastral Court

7. Before the DARAB

8. 8. Any official or person appointed or

designated in accordance with the law to

appear for the government or any of its

officials. (Sec. 33, Rule 138, ROC).

Practice of Law by the Public Officials

General Rule: The appointment or election of an

attorney to a government office disqualifies him

from engaging in the private practice of law.

Prohibition: i) absolutely prohibited; ii) not

absolutely prohibited.

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Absolutely Prohibited

-judges and other officials or employees of the

SC

-officials/employees of the SC

-Government prosecutors

-President, VP, Members of the Cabinet, their

deputies and assistants

-Chairman and members of the Constitutional

Commission

-Ombudsman and his deputies

-Governors, city and municipal mayor

-Civil service officers or employees whose duties

require them to devote their entire time at the

disposal of the government

-Those who are by special law are prohibited

from engaging in the practice of the legal

profession

Not Absolutely Prohibited

-Senators and Members of the House of

Representatives

-Members of the Sanggunian

-Retired Justice or Judge

-Civil service officers or employees whose duty

does not require their entire time to be at the

disposal of the government

Proceedings where lawyers are prohibited from

appearing

-In all katarungan pambarangay proceedings.

(RA 7160, Sec. 415; see also Magno v. Jacoba,

A.C. No. 6296, 22 November 2005)

-Small Claims Cases (Rules of Procedure of Small

Claims Cases)

Sanctions for practice or appearance without

authority

-Contempt of court

-Criminal complaint for estafa

-Suspension or disbarment

-Administrative complaint against the

government official

2.) Code of Professional

Responsibility

History & Background of the Code of

Professional Responsibility

-Initially drafted in 1980 by the IBP Committee

on Responsibility, Discipline and Disbarment

-Promulgated on 21 June 1988 by the Supreme

Court

Code of Professional Responsibility

-Embodiment into one Code of the various

pertinent and subsisting rules, guidelines and

standards on the rule of conduct of lawyers

sourced from the Constitution, Rules of Court,

Canons of Professional Ethics, Statues, special

laws, treatises and decisions which must be

observed by all members of the Bar in the

exercise of their profession whether in or out of

court, as well as in their public and private lives.

3.) The Four-Fold Duties of a Lawyer

The Four-Fold Duties of a Lawyer

-Lawyers and Society Canons 1-6 CPR

-The Lawyer and Legal Profession Canons 7-9

CPR

-The Lawyer and the Courts Canons 10-13 CPR

-The Lawyer and the Client Canons 14-22 CPR

11/24/14

Chapter I

4.) The Lawyer and Society

Canon 1 Duty to Uphold the Constitution and

the Laws

-Lawyers primary duty to society

-Also includes the duty to obey legal orders and

processes of the court

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The Lawyers Oath is a condensed Code of

Ethics

-a solemn affirmation of the lawyers lifetime

commitment to be: 1.) a loyal citizen; 2.) a law-

abiding person; 3.) a defender of truth and

justice; 4.) an advocate of the rule of law; 5.) an

exemplar of loyalty and fidelity to the courts and

to clients; and 6.) a model to emulate both in his

professional and private life.

-by swearing the lawyers oath, an attorney

becomes a guardian of truth and the rule of law,

and an indispensable instrument in the fair and

impartial administrations of justice.

Lawyers Oath: Condensed Code of Ethics

Canon 1; Rule 1.01; Rule 1.02

-I will maintain allegiance to the Republic of the

Philippines; I will support its Constitution and

obey the laws as well as the legal orders of the

duly constituted authorizes therein.

Rule 1.01: Rule 7.01; Canon 10; Rule 10.01; Rule

10.02; Rule 12.06; Rule 15.05; Rule 19.01

-I will do no falsehood, nor consent to the doing

of any in court

Rule 1.03; Rule 1.04; Canon 10; Rule 10.01; Rule

10.02; Rule 10.3; Canon 12; Rule 12.01; Rule

12.02; Rule 12.03; Rule 12.04; Rule 15.05; Canon

19

-I will not wittingly nor willingly promoted or sue

any groundless, false or unlawful suit, or give aid

nor consent to the same

Rule 1.01; Rule 1.03; Rule 1.04; Canon 12; Rule

12.01; Rule 12.02; Rule 12.03; Rule 12.04; Rule

14.04; Canon 18; Rule 18.02; Rule 18.03; Rule

18.04; Canon 19; Rule 20.03; Rule 20.04

-I will delay no man for money or malice

Canon 2; Canon 7; Canon 8; Canon 10; Canon 11;

Rule 1.01; Rule 11.02; Rule 11.03; Rule 11.04;

Rule 11.05; Canon 12; Canon 13; Canon 15; Rule

15.01; Rule 15.02; Rule 15.03; Canon 16; Rule

16.01; Rule 16.02; Rule 16.03; Rule 16.04; Canon

17; Canon 18; Rule 18.02; Rule 18.03; Rule 18.04;

Canon 19; Rule 19.01; Rule 19.02; Canon 21;

Canon 22

-I will not conduct myself as a lawyer according

to the best of my knowledge and discretion, with

all good fidelity as well to the court as to my

clients

Duties of an Attorney (Sec. 20, Rule 138, Rules

of Court)

-To maintain allegiance to the Republic of the

Philippines and to support the Constitution and

obey the laws of the Philippines;

-To observe and maintain the respect due to the

courts of justice and judicial officers;

-To counsel or maintain such actions or

proceedings only as appearing to him to be just,

and such defenses only as he believes to be

honestly debatable under the law;

-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 any judicial officer by an

artifice or false statement of fact or law;

-To maintain inviolate the confidence, and at

every peril to himself, to preserve the secrets of

his client, and to accept no compensation in

connection with his clients business except from

him or with his knowledge and approval;

-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;

-Not to encourage either the commencement or

the continuance of an action or proceeding, or

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delay any mans cause, from any corrupt motive

or interest;

-Never to reject, for any consideration personal

to himself, the cause of the defenseless or

oppressed;

-In the defense of a person accused of crime, by

all fair and honorable means, regardless of his

personal opinion as to the guilt of the accused,

to present every defense that the law permits, to

the end that no person may be deprived of life

or liberty, but by due process of law.

Canon 1 Duty to Uphold the Constitution and

the Laws

Rule 1.01 Duty not to engage in unlawful,

dishonest, immoral or deceitful conduct

Rule 1.02 Duty not to counsel illegal activities

Rule 1.03 Duty not to encourage lawsuits; duty

not to delay any mans cause

Rule 1.04 Duty to encourage amicable

settlement

Rule 1.01 Duty not to engage in unlawful,

dishonest, immoral or deceitful conduct

Unlawful conduct-transgression of any provision

of law, need not be penal law.

Dishonest act- act of lying or cheating

Grossly immoral or deceitful conduct-a conduct

which is willful, fragrant, or shameless, and

which shows a moral indifference to the opinion

of the good and respectable members of the

community; involves moral turpitude

Moral turpitude-an act of baseness, vileness or

depravity in the duties which one person owes

to another or to society in general which is

contrary to the usually accepted and customary

rule of right and duty which a person should

follow.

Examples of crimes involving moral turpitude

1. Estafa

2. Bribery

3. Murder

4. Seduction

5. Abduction

6. Concubinage

7. Smuggling

8. Falsification of public document

9. Violation of B.P. 22

Instances of Gross Immorality and

Corresponding Penalty/Resulting

Consequences

1. Abandonment of wife and cohabiting

with another woman. DISBARRED

2. Bigamy perpetrated by the lawyer.

DISBARRED

3. A lawyer who had carnal knowledge with

a woman through a promise of marriage

which he did not fulfill. DISBARRED

4. Seduction of a woman who is the niece

of a married woman with whom the

respondent lawyer had adulterous

relations. DISBARRED

5. Lawyer arranging the marriage of his son

to a woman with whom the lawyer had

illicit relations. After the marriage of the

woman to his son, the lawyer continued

his adulterous relations with her.

DISBARRED

6. Lawyer inveigling a woman into

believing that they had been married

civilly to satisfy his carnal desires.

DISBARRED

7. Lawyer taking advantage of his position

as chairman of the college of medicine

and asked a lady student to go with in

Manila where he had carnal knowledge

of her under threat that if she refused,

she would flunk in all her subjects.

DISBARRED

8. Concubinage coupled with failure to

support illegitimate children.

SUSPENDED INDEFINITELY

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9. Maintaining adulterous relationship

with a married woman. SUSPENDED

INDEFINITELY

10. Delivering bribe money to a judge on

request of clients. STERNLY WARNED

11. Seducing a woman through promise of

marriage by a married lawyer.

DISBARRED

Rule 1.02 Duty not to counsel illegal activities

-Duty to be performed within the bounds of the

law

-Model in the community insofar as respect for

law is concerned

Rule 1.03 Duty not to encourage lawsuits; duty

not to delay any mans cause

-The lawyer owes it to the society and to the

court the duty not to stir up litigation

The reason for the rule: to prevent BARRATRY

and AMBULANCE CHASING

Barratry - act of fomenting suits among

individuals and offering his legal services to one

of them for monetary motives of purpose.

Ambulance chasing act of chasing (figuratively

speaking) an ambulance carrying the victim of an

accident for the purpose of talking to the said

victim or relatives and offering his legal services

for the filing of a case against the person who

cause the accident.

Evils Spawned by Ambulance Chasing

-Fomenting of litigation with resulting burdens

on the courts and the public.

-Subornation of perjury

-Mulcting of innocent persons by judgments

upon manufactured causes of actions.

-Defrauding of injured persons having proper

causes of action but ignorant of legal rights and

court procedure by means of contracts which

retain exorbitant percentages of recovery and

illegal charges for court costs and expenses and

by settlement made for quick returns of fees and

against the just rights of the injured persons.

Rule 1.04 Duty to encourage amicable

settlement

-Whenever the controversy will admit of fair

judgment, the client should be advised to avoid

or to end the litigation. (to avoid litigation

expenses and to help courts in the declogging of

cases)

-A lawyer cannot compromise case without

clients consent. (Sec. 23, Rule 138, Rules of

Court)

-Effect of compromise without clients

authority/consent: unenforceable, meaning be

ratified by the client if he/she so desires.

12/1/14

Canon 2 Duty to be an Efficient Lawyer

Rule 2.01 Duty not to reject the cause of

defenseless or oppressed

Rule 2.02 Duty not to refuse to render legal

advice to the defenseless or oppressed

Rule 2.03 Duty not to do or permit to be done

any act to solicit legal business

Rule 2.04 Duty not to charge rates lower than

those customarily prescribed

Rule 2.01 Duty not to reject the cause of the

defenseless or oppressed

Oppressed the victims of cruelty, unlawful

exaction domination or excessive use of

authority

Defenseless those who are not in a position to

defend themselves due to poverty, weakness,

ignorance or other similar reasons.

LEGAL BASIC ETHICS

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-Rationale: It is the lawyers prime duty to see to

it that justice is accorded to all without

discrimination.

Legal Aid is a matter of Public Responsibility

-It is means for the correction of social imbalance

that may and often do lead to injustice.

Rule 2.02 Duty not to refuse to render legal

advice to the defenseless or oppressed

-If only to the extent necessary to safeguard the

latters right

-Advice may be on what preliminary steps to

take until the client has secured the services of

counsel. 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 the prospective client or between a

present client and a prospective client.

Rule 2.03 Duty not to do or permit to be done

any act to solicit legal business

Reasons for the Prohibition:

-The profession is primarily for public service.

-Commercializes the profession.

-Involves self-praise and puffing.

-Damages public confidence.

-May increase lawsuits and result in needless

litigation.

Solicitation of Legal Business, When Permissible

-must be compatible with the dignity of the legal

profession

-use of simple signs stating the name of the

lawyer, use of professional cards bearing the

name of the lawyer, his office/law firm

connected, address, telephone number, special

branch of law practiced.

-Advertisements in legal periodicals

-Publication in reputable law lists

Primary Characteristics when distinguishes the

legal profession from business

1. A duty of public service, of which the

emolument is a by-product, and in which

one may attain the highest eminence

without making much money.

2. A relation as an officer of court to the

administration of justice involving

sincerity, integrity, and reliability.

3. A relation to clients in the highest

degree of fiduciary.

4. A relation to colleagues 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.

Best Advertisement for a Lawyer

-A well-deserved reputation for competence,

honesty and fidelity to private trust and public

duty.

-By his honesty, he gains public confidence and

this public confidence is his greatest

advertisement.

Rule 2.04 Duty not to charge rates lower than

those customarily prescribed

Rationale: To avoid any demeaning and

degrading competition

Exceptions: i) relatives; ii) indigents/poor

Note: Rule 20.01 the customary charges for

similar services and the schedule of fees of the

IBP Chapter to which he belongs.

Canon 3 Duty of Honest and Dignified

Pronouncement of Legal Service

Rule 3.01 Duty not to use or permit use of self-

praises or false claims on qualifications or quality

of legal services

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Rule 3.02 Duty not to use false, misleading or

assumed name for a firm name

Rule 3.03 Duty to withdraw from the firm when

accepts public office

Rule 3.04 Duty not to seek publicity

Rule 3.01 Duty not to use or permit use of self-

praises or false claims on qualifications or

quality of legal services

-Use true, honest, fair, dignified and objective

information

-The unethical act may be done by the lawyer

personally or through another with his

permission

Reasons for the Prohibition

-The profession is primarily for public service

-Commercializes the profession

-Involves self-praise and puffing

-Damages public confidence

-May increase lawsuits and result in needless

litigation

In Re: Tagorda, 53 Phil. 42

LUIS B. TAGORDA

Attorney

Notary Public

CANDIDATE FOR THIRD MEMBER

Province of Isabela

(NOTE As notary public, he can execute for you

a deed of sale for the purchase of land as

required by the cadastral office, can renew lost

documents of your animals, can make your

application and final requisites for your

homestead; and can execute any kind of

affidavit. As a lawyer, he can help you collect

your loans although long overdue, as well as any

complaint for or against you. Come or write to

him in his town, Echague, Isabela. He offers free

consultation, and is willing to help and serve the

poor.)

Director of Religious Affairs v. Bayot, 74 Phil.

579

Marriage license promptly secured thru our

assistance & the annoyance of delay or publicity

avoided if desires, and marriage arranged to

wishes of parties. Consultation on any matter

free for the poor. Everything Confidential.

Legal assistance service

12 Escolta, Manila, Room 105, Tel. 2-41-60

Linsangan v. Atty. Tolentino, A.C. No. 6672

NICOMEDES TOLENTINO

LAW SERVICE

CONSULTANCY & MARITIME SERVICES W/

FINANCIAL ASSISTANCE

Rule 3.02 Duty not to use false, misleading or

assumed name for a firm name

-No name not belonging to any of the partners

or associates may be used in the firm name for

any purpose

-A lawyer is not authorized to use in his practice

of law a name other than the one inscribed in the

Roll of Attorneys.

Use of a deceased partners name

-Allowed

-Reason: all of the partners, by their join efforts,

contributed to the goodwill attached to the firm

name.

-Use of a cross after the name of the deceased

partner

Use of a foreign law firms name

-Unethical

-Reason: Foreign firm is not authorized to

practice law in the country.

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Rule 3.03 Duty to withdraw from the firm

when lawyer accepts public office

-Rationale: to prevent the law firm or partners

from making use of the name of the public

official to attract legal business and to avoid

suspicion of undue influence.

Rule 3.04 Duty not to seek publicity

-Rationale: To prevent some lawyers from

gaining an unfair advantage over others thru the

use of gimmickry, press agentry, or other

artificial means.

-If competitive advertising is allowed, this may

lead to self-laudations, encourage lawyers to

engage in overreaching, overcharging,

underrepresentation and misrepresentation.

Canon 4 Duty not to support the improvement

of the legal system

-Lawyers as officers of the court must assist in

the administration of justice.

Canon 5 Duty to keep abreast of legal

developments.

-Lawyers must update themselves with the law and must participate in the dissemination

thereof

-Judges must also keep abreast of the laws,

rulings and doctrines of the Supreme Court.

Three-fold obligation ofa lawyer concerning the

requirement of continuing legal education

First, he owes to it himself to continue improving

his knowledge of the law

Second, he owes it to his profession to take an

active interest in the maintenance of high

standards of legal education

Third, he owes it to the lay public to make the

law a part of their social consciousness.

5.) Mandatory Continuing Legal

Education (MCLE) B.M. No. 850.

August 22, 2000.

Who are required to comply with the MCLE

requirement?

-MCLE is required of members of the Integrated

Bar of the Philippines (IBP), unless exempted.

What is the purpose of MCLE?

-To ensure that throughout their career, (1)

lawyers keep abreast with law and

jurisprudence, (2) maintain the ethics of the

profession, and (3) enhance the standards of the

practice of law (Section 1, Rule 1)

What is the requirement of completion of

MCLE?

-Members of the IBP shall complete, every 3

years, at least 36 hours of continuing legal

education activities (Section 2, Rule 2).

Who are exempted? Section 1, Rule 7: Parties

exempted from the MCLE

1. President, VP, the Secretaries &

Undersecretaries of executive

departments

2. Senators and Members of the House of

Representatives

3. The Chief Justice and Associate Justices

of the Supreme Court, incumbent and

retired members of the judiciary,

incumbent members the JBC,

incumbents members of the MCLE

Committee, incumbent court lawyers

who have availed of the PhilJA program

of continuing legal education

4. The Chief State Counsel, Chief State

Prosecutor and Assistant Secretaries of

the DOJ

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5. The Solicitor General and the Assistant

Solicitor General

6. The Government Corporate Counsel,

Deputy and Assistant Government

Corporate Counsel

7. The Chairmen and Members of the

Constitutional Commission

8. The Ombudsman, the Overall Deputy

Ombudsman, the Deputy Ombudsmen

and the Special Prosecutor of the Office

of Ombudsman

9. Heads of the government agencies

exercising quasi-judicial functions

10. Incumbent deans, bar reviewers and

professors of law who have teaching

experience for at least 10 years in

accredite law school

11. The Chancellor, Vice-Chancellor and

members of the Corps of Professors and

Professional Lectures of the PhilJA

12. Governors and Mayors

Section 2, Rule 7: Other parties exempted from

the MCLE

-Those who are not in law practice, private or

public;

-Those who have retired from law practice wit

the approval of the IBP Board of Governors.

Section 3, Rule 7: Good cause for exemption or

modification of requirement

-A member may file a verified request setting

forth good cause for exemption from compliance

with or modiciation of any of the requirements,

including an extension of time for compliance, in

accordance with the procedure to be established

by the MCLE Committee.

Section 5, Rule 7: Proof of Exemption

-Applications for exemption from or modication

of the MCLE requirement shall be under oath

and supported by documents.

Section 1, Rule 12: What constitutes non-

compliance:

a.) Failure to complete the education

requirement within the compliance

period.

b.) Failure to provide attestation of

compliance or exemption.

c.) Failure to provide satisfactory evidence

of compliance (including evidence of

exempt status) within the prescribed

period.

d.) Failure to satisfy the education

requirement and furnish evidence of

such compliance within 60 days from

receipt of a non-compliance notice.

e.) Failure to pay non-compliance fee within

the prescribed period.

f.) Any other act or ommission analogous to

any of the foregoing or intended to

circumvent or evade compliance with

the MCLE requirements.

Rule 13: Consequences of Non-Compliance

Section 1. Non-Compliance Fee

Section 2. Listing as Deliquent Member

Section 3. Accrual of Membership fee

B.M. No. 1922 (3 June 2008) Re. Number and

Date of MCLE Certificate of

Completion/Exemption Required in all

Pleadings/Motions.

-As of January 1, 2009, all lawyers are required

to indicate in all pleadings filed before the courts

or quasi-judicial bodies the NUMBER & the DATE

OF ISSUE of their MCLE Certificate of Compliance

or Certificate of Exemption for the immediately

preceding compliance period.

(Failure to disclose the required information

would cause the dismissal of the case and the

expunction of the pleadings from the results)

LEGAL BASIC ETHICS

12

What is the rule on new bar passers?

-MCLE Governing Board Order No. 1, s. 2008,

provides:

lawyers who pass the Bar when only four (4)

months or less remain of the compliance period,

are exempted from complying with the MCLE

requirement for the said compliance period.

They shall comply with the MCLE requirements

for the next compliance period. However,

lawyers who are admitted to the BAR either one

(1) year after the start of the current compliance

period, or two (2) years after the start of the said

compliance period, are required to comply with

the MCLE requirements in accordance with the

MCLE Governing Board resolution dated October

20, 2004.

What are the MCLE Compliance Periods?

1st Compliance Period: April 15, 2001 up

to April 14, 2004.

2nd Compliance Period: April 15, 2004 up

to April 14, 2007.

3rd Compliance Period: April 15, 2007 up

to April 14, 2010.

4th Compliance Period: April 15, 2010 up

to April 14, 2013.

5th Compliance Period: April 15, 2013 up

to April 14, 2016.

4.) Continuation for the Lawyer and

Society

Canon 6 The Canons apply to lawyers in

government service

Rule 6.01 Duty to see to it that justice is done

Rule 6.02 Duty not to use his public position to

promote or advance private interest

Rule 6.03 Restrictions against government

lawyers who left the service

Canon 6 makes the Code applicable to lawyers

in government service

-Rationale: A lawyer does not shed his

professional obligations upon his assuming

public office.

Misconduct in the Discharge of Official Duties as

Government Official

-Rule: may not be disciplined as a member of the

Bar for the misconduct in the discharge of his

official duties

-Exception: If the misconduct of a government

official is of such a character as to affect his

qualification as a lawyeror to show moral

deliquency.

Code of Conduct and Ethical Standards (R.A.

6713)

-All public officials and employees, whether

lawyers of non-lawyers are governed by this

Code.

-Provides the standards of personal conduct in

the discharge and execution of official duties.

Rule 6.01 Duty to see to it that jsutice is done

-Public Prosecutor a quasi-judicial officer and

as such, he should seek equal and impartial

justice. He should be concerned with seeing that

no innocent man suffers as in seeing that no

guilty man escapes.

-Public Prosecure is under no complusion to file

a particular criminal information where he is not

convinced that he has evidence to prop up the

averments thereof, or that the evidence at hand

points to a different conclusion. (People v.

Pineda, 20 SCRA 748 [1967])

LEGAL BASIC ETHICS

13

Rule 6.02 Duty not to use his public position

to promote or advance private interest

-Applies to: (1) lawyers in a government service

allowed by law to engage in private practice

concurently; and (2) those who, though

prohibted from engaging in the practice of law,

have friends, former associates and relatives

who are in the practice of law.

-Promotion of private interest includes soliciting

gifts or anything of monetary value in any

transaction requiring the approval of his office

or which may be affected by the functions of his

office.

Rule 6.03 Restrictions against government

lawyers who left the service

-Rationale: To avoid conflict of interst, to

preclude the lawyer from using secrets or

information learned in his official capacity, or to

prevent the appearance of impropriety

-Violation of Restriction: Tantamount to

representing conflicting interests.

RA 3019, Sec. 3(d) (Anti-Graft and Corrupt

Practices Act)

-Accepting or having any member of his family

accept employing in a private enterprise which

has pending official business with him during the

pendency thereof or within one year after its

termination.

RA 6713, Sec. 7(b) (Code of Conduct and Ethical

Standards)

-(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, consultant, counsel, broker,

agent, trustee or nominee / in any private

enterprise regulated, supervised or licensed by

their office / unless expressly allowed by law;

2.) Engage in the private practice of their

profession unless authorized by the Constitution

or law, provided that such practice will not

conflict or tend to conflict with their official

functions, or

3.) Recommend any person to any position in a

private enterprise which has a regular or pending

official transaction with thieir office.

(These prohibitions shall continue to apply for a

period of 1 year after resignation, retirement or

separation from public office, except in case of

subparagraph (2) above, but the professional

concerned cannot practice his profession in

connection with any manner before the office he

used to be with, in which case the one year

prohibition shall likewise apply.

RA 910 Sec. 1 (condition of pension) (An Act to

Provide for the Retirement of Justices), as

amended by RA 9946

-No retiring justice or judge during the time that

he is receiving said pension shall appear as

counsel in any court in any civil case wherein the

government or any of its subdivision or

instrumentality is an adverse party, or in a

criminal case wherein an officer or employee of

the government is accused of an offense related

to his official function, or collect any fee for his

appearance in any administrative proceedings to

maintain an interst adverse to the government.

12/15/14

Chapter II

6.) The Lawyer and the Legal

Profession

Canon 7 A lawyer shall at all times uphold the

integrity and dignity of the legal profession, and

support the activities of the Integrated Bar.

LEGAL BASIC ETHICS

14

Rule 7.01 A lawyer shall be answerable for

knowingly making false statement or

suppressing a material fact, in connection with

his application for admission to the bar.

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.

Rule 7.03 A lawyer shall not engage in conduct

that adversely reflectes on his fitness to practice

law, nor should he, whether in public or private

life, behave in a scandalous manner to the

discredit of the legal profession.

Rule 7.01 Duty not to make false statements

or suppress a material fact in connection with

application for admission to the bar

-A lawyer is expected to be honest from the

moment he applies for admission to the bar.

However, the falsity referred to in this Canon

must be knowingly done.

Consequences of knowingly making a false

statement or suppression of material fact in the

application for admission to the Bar

-If discovered BEFORE the candidate could take

the bar exams denied permission to take the

bar exams.

-If discovered AFTER the candidate had passed

the exams but BEFORE having taken his oath

not allowed to take the lawyers oath.

-If discovered AFTER the candidate had taken his

oath his name will be stricken from the Roll of

Attorneys.

What is the effect if what is concealed is a crime

not involving moral turpitude?

-Concealment will be taken against him. It is the

fact of concealment and not the commission of

the crime itself that makes him morally unfit to

become a lawyer.

-When he made concealment, he perpetrated

perjury.

-As to what crime involves moral turpitude, is for

the Supreme Court to determine.

(See: Testimonial of Good Moral Character)

Rule 7.03 Duty not to engage in conduct

adverely affecting the legal profession

-There is no distinction as to whether the

transgression is committed in the lawyers

professional capacity or in his private life or in his

private transaction because a lawyer may not

divide his personality so as to be an attorney at

one time and a mere citizen at another.

-The conduct of nobility and uprightness should

stay with him whether in his public or private life.

Canon 8 Duty of Professional Courtesy

Rule 8.01 Duty not to use abusive and improper

language.

Rule 8.02 Duty not to encroach upon the

professional employment of another lawyer. Rule 8.01 Duty not to use abusive and

improper language

-To maintain the dignity of the legal profession,

lawyers must conduct themselves honorably,

fairly and candidly toward each other. Respect

generates respect.

-Lawyers hould treat each other with courtesy,

fairness, candor and civility.

LEGAL BASIC ETHICS

15

*Any kind of language which attacks without

foundation the integrity of the opposing counsel

or the dignity of the court may be strikcen off the

records or may subject a lawyer to disciplinary

action.

*The lawyers arguments, whether written or

oral, should be gracious to both the court and

the opposing counsel and be of such words as

may be properly addressed by one gentleman to

another.

*Lack or want of intention is no excuse for the

disrespectful language employed. Counsel

cannot escape responsibility by claiming that his

words did not mean what any reader must have

understood them as meaning. At best, it

extenuates liability.

Rule 8.02 Duty not to encroach upon the

professional employment of another lawyer

-A lawyer should not steal the other lawyers

client nor induce the latter to retain him by

promise of better service, good result or reduced

fees for his ervices. Neither should he disparage

another, make comparisons or publicize his

talent as a means to further his law practice.

TAKE NOTE:

*No encroachment when previous lawyer was

already dismissed.

*Lawyer shall not negotiate with the opposite

party who is represented by counsel.

*Lawyer may interview any witness or

prospective witness for the opposing side.

*It is but proper to give advice and assitance to

victims of unfaithful and neglectful counsel.

Canon 9 Duty to Shun Unauthorized Practice

of Law

-Rule 9.01 Duty not to delegate legal work to

unqualified persons

-Rule 9.02 Duty not to divide legal fees with

non-lawyers

What is the rationale for the prohibition against

the practice of law by a layman?

-It is grounded in the need of the public for

integrity and competence of those who

undertake to render legal services. Because of

the fiduciary and personal character of the

lawyer-client relationship and the inherently

complex nature of our legal system, the public

can better be assured of the requisite

responsibility and competence if the practice of

law is confirmed to those who are subject to the

requirements and regulations imposed upon

members of the legal profession.

Rule 9.01 Duty not to delegate legal work to

unqualified persons

-Public policy requires that practice of law be

limited only to those individuals found duly

qualified in education and character.

-Rationale: To protect the public, the court, the

client and the bar from the incompetence or

dishonesty of those unlicensed to practice law

and not subject to the disciplinary control of the

court.

*Assuming to be an attorney or an officer of a

court, and acting as such without authority =

indirect contempt = fine, or imprisonment, or

both. (Sections 3 & 7, Rule 71, Rules of Court)

*Corruptly or willfully appearing as an attorney

for a party to a case without authority to do so =

suspension or disbarment (Section 27, Rule 138,

Rules of Court)

Delegation of legal work to an unqualified

person is misbehavior.

LEGAL BASIC ETHICS

16

Unqualified person not limited to non-lawyers

but also to lawyers who are suspended or

disbarred or whose authority to practice has

been withdrawn due to change in citizenship or

allegiance to the country.

Rule 9.02 Duty not to divide legal fees with

non-lawyers

-General Rule: Non-lawyers are not entitled to

attorneys fees.

-Rationale: If attorneys fees were allowed to

non-lawyers, it would leave the public in

hopeless confusion as to whom to consult in case

of necessity and also to leave the bar in a chaotic

condition, aside from the fact that non-lawyers

are not amenable to disciplinary measures.

Exceptions to the Rules

1. When 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 legal business of a deceased

lawyer, or

3. Wheere a lawyer or law firm includes

non-lawyer employees in a retirement

plan, even if the plan is based in whole

or in part, on a profit sharing

arrangement.

Note 1 - compensation for services rendered by

the deceased lawyer.

Note 2 - the person who undertakes a lawyer.

Note 3 - not the division of fees but a pension

representing additional deferred wages to the

employees past services.