Legal Ethics Reviewer Ateneo

7/28/2019 Legal Ethics Reviewer Ateneo

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EGAL ETHICS is a branch of moral science, which treats of

e duties which an attorney owes to the court, to the client, to his

olleagues in the profession and to the public as embodied in the

onstitution, Rules of Court, the Code of Professional

esponsibility, Canons of Professional Ethics, jurisprudence, moral

ws and special laws.

riginal Bases of Legal Ethics:

Canons of Professional Ethics

Supreme court DecisionsStatistics

Constitution

Treatises and publications

resent Basis of the Philippine Legal System: Code of

rofessional Responsibility.

AR V. BENCH

AR Refers to the whole body of attorneys and body of judges.

ENCH denotes the whole body of counselors, collectively the

embers of

e legal profession.

ractice of Law any activity, in or out of court which requires the

pplication of law, legal procedure, knowledge, training and

xperience. To engage in the practice of law is to give notice or

nder any kind of service, which or devise or service requires the

e in any degree of legal knowledge or skill (Cayetano v. Monsod,

01 SCRA 210).

ttorney-at-law/Counsel-at-law/Attorney/Counsel/

bogado/Boceros: that class of persons who are licensed officers

f the courts, empowered to appear prosecute and defend and uponhom peculiar duties, responsibilities, and liabilities are developed

y law as a consequence(Cui v. Cui, 120 Phil. 729).

ttorney in fact an agent whose authority is strictly limited by

e instrument appointing him, though he may do things not

entioned in his appointment necessary to the performance of the

uties specifically required of him by the power of attorney

ppointing him, such authority being necessarily implied. He is not

ecessarily a lawyer.

ounsel de Oficio a counsel, appointed or assigned by the court,

om among members of the Bar in good standing who, by reason

f their experience and ability, may adequately defend the accused.

ote: In localities where members of the Bar are not available, the

ourt may appoint any person, resident of the province and good

pute for probity and ability, to defend the accused. Sec. 7, Rule

16, Rules of Court.

ttorney ad hoc a person named and appointed by the court to

efend an absentee defendant in the suit in which the appointment is

ade (Bienvenu v. Factors of Traders Insurance Cp., 33

a.Ann.209)

ttorney of Record one who has filed a notice of appearance and

who hence is formally mentioned in court records as the officia

attorney of the party. Person whom the client has named as his

agent upon whom service of papers may be made.

(Reynolds v. Reynolds, Cal.2d580).

Of Counsel to distinguish them from attorneys of record,

associate attorneys are referred to as of counsel (5 Am. Jur. 2

Lead Counsel The counsel on their side of a litigated action

is charged with the principal management and direction of a pa

case.House Counsel Lawyer who acts as attorney for business tho

carried as an employee of that business and not as an independ

lawyer.

Bar Association an association of members of the legal

profession.

Advocate The general and popular name for a lawyer who pl

on behalf of someone else.

Barrister (England) a person entitled to practice law as an

advocate or counsel in superior court.

Proctor (England) Formerly, an attorney in the admiralty and

ecclesiastical courts whose duties and business correspond to th

of an attorney at law or solicitor in Chancery.

Titulo de Abogado it means not mere possession of the acad

degree of Bachelor of Laws but membership in the Bar after du

admission thereto, qualifying one for the practice of law.

Admission to the Practice of Law

The Supreme Court has the power to control and regulate the

practice of law. Thus, the Constitution, under Article VIII, Se

(5) provides:

Sec. 5. The Supreme Court shall have the follow

powers:

(5) Promulgate rules concerning the protection and enforcemen

constitutional rights, pleading, practice and procedure in all co

the admission to the practice of law, the Integrated Bar, and leg

assistance to the under privileged.

The Supreme Court acts through a Bar Examination Commit

the Exercise of his judicial function to admit candidates to the l

profession.

The Bar Examination Committee:Composed of (1) member of the Supreme Court who acts as

Chairman and eight (8) members of the bar.

The 8 members act as examiners for the 8 bar subjects with on

subject assigned to each.

The Bar Confidant acts as a sort of liason officer between the

and the Bar Chairman on the other hand, and the individual

members of the committee on the other. He is at the same time

deputy clerk of court.

Admission of examinees is always subject to the final approva

the court.

Practice of Law


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he practice of law is a privilege granted only to those who possess

e STRICT INTELLECTUAL AND MORAL QUALIFICATIONS

quired of lawyers who are instruments in the effective and

fficient administration of justice. (In Re: Argosino, 1997).

equirements for admission to the Bar:

citizen of the Philippines

at least 21 years old

of good moral character

Philippine resident

Production before the supreme court satisfactory evidence of:

good moral character

no charges against him, involving moral turpitude, have been filed

are pending in any court in the Philippines.

equirement of Good Moral Character: a continuing

quirement; good moral character is not only a condition precedent

r admission to the legal profession, but it must also remain intact

order to maintain ones good standing in that exclusive and

onored fraternity. (Tapucar vs. Tapucar, 1998)

cademic Requirements for Candidates:a bachelors degree in arts and sciences (pre-law course)

a completed course in:

civil law

commercial law

remedial law

public international law

private international law

political law

labor and social legislation

medial jurisprudence

taxation0.legal ethics

on-lawyers who may be authorized to appear in court:

Cases before the MTC: Party to the litigation, in person OR

rough an agent or friend or appointed by him for that purpose

Sec. 34, Rule 138, RRC)

Before any other court: Party to the litigation, in person (Ibid.)

Criminal case before the MTC in a locality where a duly licensed

ember of the Bar is not available: the judge may appoint a non-

wyer who is:

resident of the provinceof good repute for probity and ability to aid the accused in his

efense (Rule 116, Sec. 7, RRC).

Legal Aid Program Asenior law student, who is enrolled in a

cognized law schools clinical education program approved by the

upreme Court may appear before any court without compensation,

represent indigent clients, accepted by the Legal Clinic of the law

hool. The student shall be under the direct supervision and

ontrol of an IBP member duly accredited by the law school.

Under the Labor code, non-lawyers may appear before the NLRC

any Labor Arbiter, if

they represent themselves, or if

2.they represent their organization or members thereof(Art 22

PO 442, as amended).

6.Under the Cadastral Act, a non-lawyer can represent a claima

before the Cadastral Court (Act no. 2259, Sec. 9).

Public Officials who cannot engage in the private practice o

Law in the Philippines:

1.Judges and other officials as employees of the Supreme Cour

(Rule 148, Sec. 35, RRC).

2.Officials and employees of the OSG (Ibid.)

3.Government prosecutors (People v. Villanueva, 14 SCRA 109

4.President, Vice-President, members of the cabinet, their depu

and assistants (Art. VIII Sec. 15, 1987 Constitution).

5.Members of the Constitutional Commission (Art IX-A, Sec. 2

1987 Constitution)

6.Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987

Constitution)

7.All governors, city and municipal mayors (R.A. No. 7160, Se

90).

8.Those prohibited by special law

Public Officials with Restrictions in the Practice of Law:1.1. No Senator as member of the House of Representative

personally appear as counsel before any court of justice as befo

the Electoral Tribunals, as quasi-judicial and other administrati

bodies (Art. VI, Sec. 14, 1987 Constitution).

2.Under the Local Government Code (RA 7160, Sec. 91)Sangg

members may practice their professions provided that if they a

members of the Bar, they shall not:

1.appear as counsel before any court in any civil case wherein

local government unit or any office, agency, or instrumentality

the government is the adverse party;

2.appear as counsel in any criminal case wherein an officer or

employee of the national or local government is accused of an

offense committed in relation to his office;

3.collect any fee for their appearance in administrative proceed

involving the local government unit of which he is an official;

4.use property and personnel of the government except when th

Sanggunian member concerned is defending the interest of the

government.

3.UnderRA 910, Sec. 1, as amended, a retired justice or judge

receiving pension from the government, cannot act as counsel i

any civil case in which the Government, or any of its subdivisi

agencies is the adverse party or in a criminal case wherein an o

or employee of the Government is accused of an offense in rela

to his office.

Attorneys Oath:

I, __________________, do solemnly swear that I wil

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 will not

willingly nor wittingly promote or sue any groundless, false or


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nlawful suit, or give aid nor consent to the same; I will delay no

an for money or malice, and will conduct myself as a lawyer

ccording to the best of my knowledge and discretion, with all good

delity as well to the court as to my clients; and I impose upon

yself this voluntary obligations without any mental reservation or

urpose of evasion. So help me God. (Form 28, RRC)

ature of Lawyers Oath

The lawyers oath is not mere facile words, drift and hollow, but a

cred trust that must be upheld and kept inviolable. (Sebastian vs.alis, 1999)

t is NOT a mere ceremony or formality for practicing law. Every

wyer should at all times weigh his actions according to the sworn

omises he made when taking the lawyers oath. (In Re: Argosino,

997, In Re: Arthur M. Cuevas, 1998).

ode of Professional Responsibility

hapter 1:

awyer and Society

ANON 1 A lawyer shall uphold the constitution, obey the laws

f the land and promote respect for law and for legal processesDuties of Attorneys:

to maintain allegiance to the Republic of the Philippines and to

upport the Constitution and obey the laws of the Philippines;

to observe and maintain the respect due to the courts of justice

nd judicial officers;

to counsel or maintain such actions or proceedings only as appear

him as just, and such defenses only as he believes to be honestly

ebatable under the laws;

to employ, for the purpose of maintaining the causes confided to

m, such means only as are consistent with truth and honor, and

ever seek to mislead the judge or any judicial officer by an artifice

false statement of fact or law;

to maintain inviolate the confidence, and at every peril to himself,

preserve the secrets of his client, and to accept no compensation

connection with his clients business except from him or with his

nowledge and approval;

to abstain from all offensive personality and to advance no fact

ejudicial to the honor or reputation of a party or witness, unless

quired by the justice of the cause with which he is charged;

not to encourage either the commencement or the continuance of

n action or proceeding, or delay any mans cause for any corruptotive or interest;

never to reject, for any consideration personal to himself, the

ause of the defenseless or oppressed;

in the defense of a person accused of a crime, by all fair and

onorable means, regardless of his personal opinion as to the guilt

f the accused, to present every defense that the law permits, to the

nd that no person may be deprived of life or liberty, but by due

ocess of law.

ule 1.01 A lawyer shall not engage in unlawful, dishonest,

mmoral or deceitful conduct.

Conviction for crimes involving moral turpitude a number o

lawyers have been suspended or disbarred for conviction of cri

involving moral turpitude such as:

1.estafa

2.bribery

3.murder

4.seduction

5.abduction

6.smuggling

7.falsification of public documents

Morality as understood in law - This is a human standard ba

on natural moral law which is embodied in mans conscience a

which guides him to do good and avoid evil.

Moral Turpitude: any thing that is done contrary to justice,

honesty, modesty or good morals.

Immoral Conduct: that conduct which is willful, flagrant, or

shameless and which shows a moral indifference to the opinion

the good and respectable members of the community (Arciga v

Maniwag, 106 SCRA 591).

Grossly Immoral Conduct: One that is so corrupt and false a

constitute a criminal act or so unprincipled or disgraceful as to

reprehensible to a high degree; it is a WILLFUL, FLAGRANT

SHAMELESS ACT which shows a MORAL INDIFFERENCE

the opinion of respectable members of the community. (Narag

Narag, 1998)

Rule 1.02 A lawyer shall not counsel or abet activities aimed

defiance of the law or at lessening confidence in the legal syste

Rule 1.03 A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any man

cause.

Rule 1.04 A lawyer shall encourage his clients to avoid, en

settle the controversy if it will admit of a fair settlement.

If a lawyer finds that his clients cause is defenseless, it is his

burden/duty to advise the latter to acquiesce and submit, rather

traverse the incontrovertible.

It is unprofessional for a lawyer to volunteer advice to bring a

lawsuit, except in rare cases where the blood, relationship or tr

makes it his duty to do so.

Temper clients propensity to litigate.Should not be an instigator of controversy but a mediator for

concord and conciliator for compromise.

The law violated need not be a penal law. Moral Turpitude

everything which is done contrary to justice, honesty, modesty

good morals.

Give advice tending to impress upon the client and his underta

exact compliance with the strictest principles of moral law.

Until a statute shall have been construed and interpreted by

competent adjudication, he is free and is entitled to advise as to

validity and as to what he conscientiously believes to be its jus

meaning and extent.


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A lawyer has the obligation not to encourage suits. This is so as to

event barratry and ambulance chasing.

Barratry offense of frequently exciting and stirring up quarrels

nd suits, either at law or otherwise; Lawyers act of fomenting

uits among individuals and offering his legal services to one of

em.

Ambulance Chasing Act of chasing victims of accidents for the

urpose of talking to the said victims (or relatives) and offering his

gal services for the filing of a case against the person(s) who

aused the accident(s).

ANON 2 A lawyer shall make his legal services available in an

fficient and convenient manner compatible with the independence,

tegrity and effectiveness of the profession.

ule 2.01 A lawyer shall not reject, except for valid reasons,

e cause of the defenseless or oppressed.

ule 2.02 In such a case, even if a lawyer does not accept a

ase, he shall not refuse to render legal advise to the person

oncerned if only to the extent necessary to safeguard latters

ghts.

ule 2.03 a lawyer shall not do or permit to be done any act

esigned primarily to solicit legal business.

Primary characteristics which distinguish the legal profession

om business;

duty of service, of which the emolument is a by product, and in

hich one may attain the highest eminence without making such

oney;

a relation as an officer of court to the administration of justice

volving thorough sincerity, integrity and reliability;

a relation to clients in the highest degree of fiduciary;a relation to colleagues at the bar characterized by candor, fairness

nd unwillingness to resort to current business methods of

dvertising and encroachment on their practice or dealing with their

ients.

Defenseless not in the position to defend themselves due to

overty, weakness, ignorance or other similar reasons.

Oppressedvictims of acts of cruelty, unlawful exaction,

omination or excessive use of authority.

ule on Advertisements

General Rule: No advertisements allowed. The most worthy and

ffective advertisement possible is the establishment of a well-

erited reputation for professional capacity and fidelity to trust.

awyers may not advertise their services or expertise nor should not

sort to indirect advertisements for professional employment, such

furnishing or inspiring newspaper comments, or procuring his

hotograph to be published in connection with causes in which the

wyer has been engaged or concerning the manner of their conduct,

e magnitude of the interest involved, the importance of the

wyers position, and all other self-laudation.

Exceptions/ Permissible advertisements:

1.Reputable law lists, in a manner consistent with the standard

conduct imposed by the canons, of brief biographical and

informative data, are allowed.

2.Ordinary simple professional Card. It may contain only a

statement of his name, the name of the law firm which he is

connected with, address, telephone number and the special bran

of law practiced.

3.A simple announcement of the opening of a law firm or of

changes in the partnership, associates, firm name or office addr

being for the convenience of the profession, is not objectionabl

4.Advertisements or simple announcement of the existence of a

lawyer or his law firm posted anywhere it is proper such as his

place of business or residence except courtrooms and governm

buildings.

5.Advertisements or announcement in any legal publication,

including books, journals, and legal magazines.

Rule 2.04 A lawyer shall not charge rates lower than those

customarily or prescribed, unless circumstances so warrant

A lawyer cannot delay the approval of a compromise agreeme

entered into between parties, just because his attorneys fees w

not provided for in the agreement.

Rule: A lawyer cannot compromise the case without clients

consent (special authority). Exception: Lawyer has exclusive

management of the procedural aspect of the litigation (e.g.

Submission for decision on the evidence so far presented. But i

case where lawyer is confronted with an emergency and

prompt/urgent action is necessary to protect clients interest and

theres no opportunity for consultation, the lawyer may

compromise.

Rule: Refrain from charging rates lower than the customary r

Valid Justification: relatives, co-lawyers, too poor

CANON 3 A lawyer in making known is legal services sha

use only true, honest, fair dignified and objective informati

statement of facts.

Rule 3.01 A lawyer shall not use or permit the use of any f

fraudulent, misleading, deceptive, undignified, self-auditory

unfair statement or claim regarding his qualifications or leg

services.

Violation of Rule 3.01 is unethical, whether done by himpersonally or through another with his permission.

Rule 3.02 In the choice of a firm name, no false, misleadin

assumed name shall be used. The continued use of the nam

a deceased partner is permissible provided that the firm

indicates in all its communication that said partner is decea

Rule 3.03 Where a partner accepts public office, he shall

withdraw from the firm and his name shall be dropped from

firm name unless the law allows him to practice law

concurrently.


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ule 3.04 A lawyer shall not pay or give anything of value to

epresentatives of the mass media in anticipation of, or in

eturn for, publicity to attract legal business.

t is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client relationship

ith the law firm.

Negligence of a member in the law firm is negligence of the firm.

ANON 4 A lawyer shall participate in the improvement of

e legal system by initiating or supporting efforts in law reformnd in the administration of justice.

Examples: Presenting position papers or resolutions for the

troduction of pertinent bills in congress; Petitions with the

upreme Court for the amendment of the Rules of Court.

ANON 5 A lawyer shall keep abreast of legal developments,

articipate in continuing legal education programs, support

forts to achieve high standards in law schools as well as in the

ractical training of students and assist in disseminating

formation regarding the law and jurisprudence.

bjectives of integration of the Bar

To elevate the standards of the legal profession

To improve the administration of justice

To enable the Bar to discharge its responsibility more effectively.

he three-fold obligation of a lawyer

First, he owes it to himself to continue improving his knowledge of

e laws;

Second, he owes it to his profession to take an active interest in the

aintenance of high standards of legal education;

Third, he owes it to the lay public to make the law a part of their

cial consciousness.

ANON 6 These canons shall apply to lawyers in government

rvice in the discharge of their official tasks.

Public Officials include elective and appointive officials and

mployees, permanent or temporary, whether in the career or non-

areer service, including military and police personnel, whether or

ot they receive compensation, regardless of amount. (Sec. 3 (b),

A 6713).

The law requires the observance of the following norms of conduct

y every public official in the discharge and execution of their

fficial duties:

commitment to public interest

professionalism

justness and sincerity

political neutrality

responsiveness to the public

nationalism and patriotism

commitment to democracy

simple living (Sec. 4, RA 6713)

Rule 6.01 The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done. T

suppression of facts or the concealment of witnesses capable

establishing the innocence of the accused is highly reprehen

and is cause of disciplinary action.

Rule 6.02 A lawyer in the government service shall not us

public position to promote or advance his private interest, n

allow the latter to interfere with his public duties.

Rule 6.03 A lawyer shall not, after leaving government seraccept engagements or employment in connection with any

matter in which he had intervened while in said service.

Various ways a government lawyer leaves government service

1.retirement

2.resignation

3.expiration of the term of office

4.dismissal

5.abandonment

Q: What are the pertinent statutory provisions regarding

Rule?

A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713

Sec 3. Corrupt practice of Public Officers. In addition to acts

omission of public officers already penalized by existing law, t

following shall constitute corrupt practice of any public officer

are hereby declared to be unlawful:

(d) accepting or having any member of his family accept

employment in a private enterprise which has pending official

business with him during the pendency thereof or within one y

after termination.

Section 7 (b) of RA 6713 prohibits officials from doing any of

following acts:

1.own, control, manage or accept employment as officer, emplo

consultant, counsel, broker, agent, trustee or nominee in any pr

enterprise regulated, supervised or licensed by their office unle

expressly allowed by law.

These prohibitions shall continue to apply for a period of one (

year after resignation, retirement, or separation from public off

except in the case of subparagraph (b) (2) above, but the

professional concerned cannot practice his profession in conne

with any matter before the office he used to be with, in which c

the one year prohibition shall likewise apply.

Lawyers in the government service are prohibited to engage in

private practice of their profession unless authorized by the

constitution or law, provided that such practice will not conflic

tend to conflict with their official functions.

Misconduct in office as a public official may be a ground for

disciplinary action (if of such character as to affect his qualifica

as lawyer or to show moral delinquency).


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Should recommend the acquittal of the accused whose conviction

on appeal, IF he finds no legal basis to sustain the conviction.

ncludes restriction is representing conflicting interest (e.g.

ccepting engagements vs. former employer, PNB)

The OSG is not authorized to represent a public official at any state

f a criminal case.

Reference: Legal Ethics Reviewer Ateneo

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Legal Ethics Reviewer Ateneo