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LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owes to the court, to the

e client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics: 1. Canons of Professional Ethics 2. Supreme court ecisions !. Statistics ". Constitution #. $reatises and publications Present Basis of the Philippine Legal System: Code of Professional Responsibility. BA !" BE#CH

BA % Refers to the whole body of attorneys and body of judges. BE#CH % denotes the whole body of counselors, collecti&ely the members of the legal profession. Practice of La$ any acti&ity, in or out of court which re'uires the application of law, legal procedure, (nowledge, training and e)perience. $o engage in the practice of law is to gi&e notice or render any (ind of ser&ice, which or de&ise or ser&ice re'uires the use in any degree of legal (nowledge or s(ill *Cayetano v. Monsod, 201 SCRA 210). Attorney%at%la$&Co'nsel%at%la$&Attorney&Co'nsel& A(oga)o&Boceros: that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are de&eloped by law as a conse'uence (Cui v. Cui, 120 Phil. 2!). Attorney in fact an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically re'uired of him by the power of attorney appointing him, such authority being necessarily implied. +e is not necessarily a lawyer. Co'nsel de Oficio a counsel, appointed or assigned by the court, from among members of the ,ar in good standing who, by reason of their e)perience and ability, may ade'uately defend the accused. "ote# -n localities where members of the ,ar are not a&ailable, the court may appoint any person, resident of the pro&ince and good repute for probity and ability, to defend the accused. Se$. , Rule 11%, Rules of Court. 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 *&ienvenu v. 'a$tor(s of )raders *nsuran$e Cp., ++ ,a.Ann.20!) Attorney of ecor) one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom ser&ice of papers may be made. *Reynolds v. Reynolds, Cal.2d-.0). Of Co'nsel to distinguish them from attorneys of record, associate attorneys are referred to as .of counsel/ *- A/. 0ur. 2%1).

Lea) Co'nsel $he counsel on their side of a litigated action who is charged with the principal management and direction of a party0s case. Ho'se Co'nsel 1awyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association % an association of members of the legal profession. A)*ocate $he general and popular name for a lawyer who pleads on behalf of someone else. Barrister *England2 % a person entitled to practice law as an ad&ocate or counsel in superior court. Proctor *England2 % 3ormerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado it means not mere possession of the academic degree of ,achelor of 1aws but membership in the ,ar after due admission thereto, 'ualifying one for the practice of law. A)mission to the Practice of La$ $he S'preme Co'rt has the power to control and regulate the practice of law. $hus, the Constitution, under 4rticle 5---, Sec. # *#2 pro&ides6 Se$. -. )he Supre/e Court shall have the follo1in2 po1ers# (-) Pro/ul2ate rules $on$ernin2 the prote$tion and enfor$e/ent of $onstitutional ri2hts, pleadin2, pra$ti$e and pro$edure in all $ourts, the ad/ission to the pra$ti$e of la1, the *nte2rated &ar, and le2al assistan$e to the under privile2ed. $he Supreme Court acts through a Bar E+amination Committee in the E)ercise of his judicial function to admit candidates to the legal profession. The Bar E+amination Committee:

Composed of *12 member of the Supreme Court who acts as Chairman and eight *72 members of the bar. $he 7 members act as e)aminers for the 7 bar subjects with one subject assigned to each. $he ,ar Confidant acts as a sort of liason officer between the court and the ,ar Chairman on the other hand, and the indi&idual members of the committee on the other. +e is at the same time a deputy cler( of court. 4dmission of e)aminees is always subject to the final appro&al of the court.

Practice of La$ $he practice of law is a pri&ilege granted only to those who possess the S$R-C$ -8$E11EC$941 48 :;R41 <941-3-C4$-;8S re'uired of lawyers who are instruments in the effecti&e and efficient administration of justice. **n Re# Ar2osino, 1!! ). e,'irements for a)mission to the Bar: 1. citi=en of the Philippines 2. at least 21 years old !. of good moral character ". Philippine resident #. Production before the supreme court satisfactory e&idence of6 1. good moral character

2. no charges against him, in&ol&ing moral turpitude, ha&e been filed or are pending in any court in the Philippines. e,'irement of Goo) -oral Character: a continuing re'uirement> good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one0s good standing in that e)clusi&e and honored fraternity. * )apu$ar vs. )apu$ar, 1!!.) Aca)emic e,'irements for Can)i)ates:

1. a bachelor0s degree in arts and sciences *pre?law course2 2. a completed course in6 1. ci&il law 2. commercial law !. remedial law ". public international law #. pri&ate international law @. political law A. labor and social legislation 7. medial jurisprudence B. ta)ation 1C. legal ethics #on%la$yers $ho may (e a'thori.e) to appear in co'rt: 1. Cases before the M)C6 Party to the litigation, in person ;R through an agent or friend or appointed by him for that purpose *Se$. +3, Rule 1+., RRC) 2. &efore any other $ourt6 Party to the litigation, in person **bid.) !. Cri/inal $ase before the M)C in a lo$ality 1here a duly li$ensed /e/ber of the &ar is not available6 the judge may appoint a non?lawyer who is6 1. resident of the pro&ince 2. of good repute for probity and ability to aid the accused in his defense (Rule 11%, Se$. , RRC). ". 1egal 4id Program % 4 senior la1 student, who is enrolled in a recogni=ed law school0s clinical education program appro&ed by the supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the 1egal Clinic of the law school. )he student shall be under the dire$t supervision and $ontrol of an *&P /e/ber duly a$$redited by the la1 s$hool. #. 9nder the 1abor code, non?lawyers may appear before the 81RC or any 1abor 4rbiter, if 1. they represent themsel&es, or if 2. they represent their organi=ation or members thereof (Art 222, P4 332, as a/ended). @. 9nder the Cadastral 4ct, a non?lawyer can represent a claimant before the Cadastral Court (A$t no. 22-!, Se$. !). P'(lic Officials $ho cannot engage in the pri*ate practice of La$ in the Philippines: 1. Dudges and other officials as employees of the Supreme Court (Rule 13., Se$. +-, RRC). 2. ;fficials and employees of the ;SE (*bid.) !. Eo&ernment prosecutors (People v. 5illanueva, 13 SCRA 10!).

". President, 5ice?President, members of the cabinet, their deputies and assistants (Art. 5*** Se$. 1-, 1!. Constitution). #. :embers of the Constitutional Commission (Art *67A, Se$. 2, 1!. Constitution) @. ;mbudsman and his deputies (Art. *6, Se$. . (2nd par), 1!. Constitution) A. 4ll go&ernors, city and municipal mayors (R.A. "o. 1%0, Se$. !0). 7. $hose prohibited by special law P'(lic Officials $ith estrictions in the Practice of La$: 1. 1. 8o Senator as member of the +ouse of Representati&e may personally appear as counsel before any court of justice as before the Electoral $ribunals, as 'uasi?judicial and other administration bodies (Art. 5*, Se$. 13, 1!. Constitution). 2. 9nder the 1ocal Eo&ernment Code (RA 1%0, Se$. !1)Sanggunian members may practice their professions pro&ided that if they are members of the ,ar, they shall not6 1. appear as counsel before any court in any ci&il case wherein a local go&ernment unit or any office, agency, or instrumentality of the go&ernment is the ad&erse party> 2. appear as counsel in any criminal case wherein an officer or employee of the national or local go&ernment is accused of an offense committed in relation to his office> !. collect any fee for their appearance in administrati&e proceedings in&ol&ing the local go&ernment unit of which he is an official> ". use property and personnel of the go&ernment e)cept when the Sanggunian member concerned is defending the interest of the go&ernment. !. 9nder RA !10, Se$. 1, as amended, a retired justice or judge recei&ing pension from the go&ernment, cannot act as counsel in any ci&il case in which the Eo&ernment, or any of its subdi&ision or agencies is the ad&erse party or in a criminal case wherein an officer or employee of the Eo&ernment is accused of an offense in relation to his office. Attorney/s Oath: 8*, 999999999999999999, do sole/nly s1ear that * 1ill /aintain alle2ian$e to the Republi$ of the Philippines: * 1ill support its $onstitution and obey the la1s as 1ell as the le2al orders of the duly $onstituted authorities therein: * 1ill do no falsehood, nor $onsent to the doin2 of any in $ourt: * 1ill not 1illin2ly nor 1ittin2ly pro/ote or sue any 2roundless, false or unla1ful suit, or 2ive aid nor $onsent to the sa/e: * 1ill delay no /an for /oney or /ali$e, and 1ill $ondu$t /yself as a la1yer a$$ordin2 to the best of /y ;no1led2e and dis$retion, 1ith all 2ood fidelity as 1ell to the $ourt as to /y $lients: and * i/pose upon /yself this voluntary obli2ations 1ithout any /ental reservation or purpose of evasion. So help /e <od.= *3orm 27, RRC2 #at're of La$yer/s Oath

$he lawyer0s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and (ept in&iolable. *Sebastian vs. Calis, 1!!!) -t is 8;$ a mere ceremony or formality for practicing law. E&ery lawyer should at all times weigh his actions according to the sworn promises he made when ta(ing the lawyer0s oath. * *n Re# Ar2osino, 1!! , *n Re# Arthur M. Cuevas, 1!!.). esponsi(ility Chapter 0: La$yer an) Society

Co)e of Professional

CA#O# 0 % 4 lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes

1'ties of Attorneys:

1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines> 2. to obser&e and maintain the respect due to the courts of justice and judicial officers> !. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he belie&es to be honestly debatable under the laws> ". to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and ne&er see( to mislead the judge or any judicial officer by an artifice or false statement of fact or law> #. to maintain in&iolate the confidence, and at e&ery peril to himself, to preser&e the secrets of his client, and to accept no compensation in connection with his client0s business e)cept from him or with his (nowledge and appro&al> @. to abstain from all offensi&e personality and to ad&ance no fact prejudicial to the honor or reputation of a party or witness, unless re'uired by the justice of the cause with which he is charged> A. not to encourage either the commencement or the continuance of an action or proceeding, or delay any man0s cause for any corrupt moti&e or interest> 7. ne&er to reject, for any consideration personal to himself, the cause of the defenseless or oppressed> B. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present e&ery defense that the law permits, to the end that no person may be depri&ed of life or liberty, but by due process of law. 'le 0"20 A la$yer shall not engage in 'nla$f'l3 )ishonest3 immoral or )eceitf'l con)'ct"

Con&iction for crimes in&ol&ing moral turpitude % a number of lawyers ha&e been suspended or disbarred for con&iction of crimes in&ol&ing moral turpitude such as6

1. estafa 2. bribery !. murder ". seduction #. abduction @. smuggling A. falsification of public documents

-orality as 'n)erstoo) in la$ % $his is a human standard based on natural moral law which is embodied in man0s conscience and which guides him to do good and a&oid e&il. -oral T'rpit')e: any thing that is done contrary to justice, honesty, modesty or good morals. Immoral Con)'ct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Ar$i2a vs. Mani1a2, 10% SCRA -!1). Grossly Immoral Con)'ct: ;ne that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree> it is a F-11391, 314ER48$ or S+4:E1ESS 4C$ which shows a :;R41 -8 -33ERE8CE to the opinion of respectable members of the community. *"ara2 vs. "ara2, 1!!.)

'le 0"24 % 4 lawyer shall not counsel or abet acti&ities aimed at defiance of the law or at lessening confidence in the legal system. 'le 0"25 A la$yer shall not3 for any corr'pt moti*e or interest3 enco'rage any s'it or procee)ing or )elay any man/s ca'se" 'le 0"26 A la$yer shall enco'rage his clients to a*oi)3 en) or settle the contro*ersy if it $ill a)mit of a fair settlement"

-f a lawyer finds that his client0s cause is defenseless, it is his burdenGduty to ad&ise the latter to ac'uiesce and submit, rather than tra&erse the incontro&ertible. -t is unprofessional for a lawyer to &olunteer ad&ice to bring a lawsuit, e)cept in rare cases where the blood, relationship or trust ma(es it his duty to do so. $emper client0s propensity to litigate. Should not be an instigator of contro&ersy but a mediator for concord and conciliator for compromise. $he law &iolated need not be a penal law. . Moral )urpitude/ % e&erything which is done contrary to justice, honesty, modesty or good morals. Ei&e ad&ice tending to impress upon the client and his underta(ing e)act compliance with the strictest principles of moral law. 9ntil a statute shall ha&e been construed and interpreted by competent adjudication, he is free and is entitled to ad&ise as to its &alidity and as to what he conscientiously belie&es to be its just meaning and e)tent. 4 lawyer has the obligation not to encourage suits. $his is so as to pre&ent barratry and ambulance chasing. &arratry > offense of fre'uently e)citing and stirring up 'uarrels and suits, either at law or otherwise> 1awyer0s act of fomenting suits among indi&iduals and offering his legal ser&ices to one of them. A/bulan$e Chasin2 > 4ct of chasing &ictims of accidents for the purpose of tal(ing to the said &ictims *or relati&es2 and offering his legal ser&ices for the filing of a case against the person*s2 who caused the accident*s2.

CA#O# 4 A la$yer shall ma7e his legal ser*ices a*aila(le in an efficient an) con*enient manner compati(le $ith the in)epen)ence3 integrity an) effecti*eness of the profession"
'le 4"20 A la$yer shall not re8ect3 e+cept for *ali) reasons3 the ca'se of the )efenseless or oppresse)" 'le 4"24 In s'ch a case3 e*en if a la$yer )oes not accept a case3 he shall not ref'se to ren)er legal a)*ise to the person concerne) if only to the e+tent necessary to safeg'ar) latter/s rights" 'le 4"25 a la$yer shall not )o or permit to (e )one any act )esigne) primarily to solicit legal ('siness"

Primary characteristics which distinguish the legal profession from business>

1. duty of ser&ice, of which the emolument is a by product, and in which one may attain the highest eminence without ma(ing such money> 2. a relation as an Hofficer of court0 to the administration of justice in&ol&ing thorough sincerity, integrity and reliability> !. a relation to clients in the highest degree of fiduciary>

". a relation to colleagues at the bar characteri=ed by candor, fairness and unwillingness to resort to current business methods of ad&ertising and encroachment on their practice or dealing with their clients.

?efenseless % not in the position to defend themsel&es due to po&erty, wea(ness, ignorance or other similar reasons. 4ppressed % &ictims of acts of cruelty, unlawful e)action, domination or e)cessi&e use of authority.

'le on A)*ertisements

General 'le6 8o ad&ertisements allowed. $he most worthy and effecti&e ad&ertisement possible is the establishment of a well?merited reputation for professional capacity and fidelity to trust.

1awyers may not ad&ertise their ser&ices or e)pertise nor should not resort to indirect ad&ertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest in&ol&ed, the importance of the lawyer0s position, and all other self?laudation.

E+ceptions& Permissi(le a)*ertisements:

1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informati&e data, are allowed. 2. ;rdinary simple professional Card. -t 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 branch of law practiced. !. 4 simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the con&enience of the profession, is not objectionable. ". 4d&ertisements or simple announcement of the e)istence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence e)cept courtrooms and go&ernment buildings. #. 4d&ertisements or announcement in any legal publication, including boo(s, journals, and legal maga=ines. 'le 4"26 A la$yer shall not charge rates lo$er than those c'stomarily or prescri(e)3 'nless circ'mstances so $arrant"

4 lawyer cannot delay the appro&al of a compromise agreement entered into between parties, just because his attorney0s fees were not pro&ided for in the agreement. Rule6 4 lawyer cannot compromise the case without client0s consent *special authority2. E)ception6 1awyer has e)clusi&e management of the procedural aspect of the litigation *e.g. Submission for decision on the e&idence so far presented. ,ut in case where lawyer is confronted with an emergency and promptGurgent action is necessary to protect clients interest and there0s no opportunity for consultation, the lawyer may compromise. Rule6 Refrain from charging rates lower than the customary rates.

!ali) 9'stification6 relati&es, co?lawyers, too poor CA#O# 5 A la$yer in ma7ing 7no$n is legal ser*ices shall 'se only tr'e3 honest3 fair )ignifie) an) o(8ecti*e information or statement of facts" 'le 5"20 A la$yer shall not 'se or permit the 'se of any false3 fra')'lent3 mislea)ing3 )ecepti*e3 'n)ignifie)3 self%a')itory or 'nfair statement or claim regar)ing his ,'alifications or legal ser*ices"

5iolation of Rule !.C1 is unethical, whether done by him personally or through another with his permission.

'le 5"24 In the choice of a firm name3 no false3 mislea)ing3 or ass'me) name shall (e 'se)" The contin'e) 'se of the name of a )ecease) partner is permissi(le pro*i)e) that the firm in)icates in all its comm'nication that sai) partner is )ecease)" 'le 5"25 :here a partner accepts p'(lic office3 he shall $ith)ra$ from the firm an) his name shall (e )roppe) from the firm name 'nless the la$ allo$s him to practice la$ conc'rrently" 'le 5"26 A la$yer shall not pay or gi*e anything of *al'e to representati*es of the mass me)ia in anticipation of3 or in ret'rn for3 p'(licity to attract legal ('siness"

-t is unethical to use the name of a foreign firm. eath of a partner does not e)tinguish attorney?client relationship with the law firm. 8egligence of a member in the law firm is negligence of the firm.

CA#O# 6 A la$yer shall participate in the impro*ement of the legal system (y initiating or s'pporting efforts in la$ reform an) in the a)ministration of 8'stice"

E)amples6 Presenting position papers or resolutions for the introduction of pertinent bills in congress> Petitions with the Supreme Court for the amendment of the Rules of Court.

CA#O# ; A la$yer shall 7eep a(reast of legal )e*elopments3 participate in contin'ing legal e)'cation programs3 s'pport efforts to achie*e high stan)ar)s in la$ schools as $ell as in the practical training of st')ents an) assist in )isseminating information regar)ing the la$ an) 8'rispr')ence"

O(8ecti*es of integration of the Bar


$o ele&ate the standards of the legal profession $o impro&e the administration of justice $o enable the ,ar to discharge its responsibility more effecti&ely.

The three%fol) o(ligation of a la$yer


3irst, he owes it to himself to continue impro&ing his (nowledge of the laws> Second, he owes it to his profession to ta(e an acti&e interest in the maintenance of high standards of legal education> $hird, he owes it to the lay public to ma(e the law a part of their social consciousness.

CA#O# < These canons shall apply to la$yers in go*ernment ser*ice in the )ischarge of their official tas7s"

Publi$ 4ffi$ials % include electi&e and appointi&e officials and employees, permanent or temporary, whether in the career or non?career ser&ice, including military and police personnel, whether or not they recei&e compensation, regardless of amount. (Se$. + (b), RA % 1+). $he law re'uires the obser&ance of the following norms of conduct by e&ery public official in the discharge and e)ecution of their official duties6

1. commitment to public interest 2. professionalism !. justness and sincerity ". political neutrality

#. responsi&eness to the public @. nationalism and patriotism A. commitment to democracy 7. simple li&ing *Se$. 3, RA % 1+) 'le <"20 The primary )'ty of a la$yer engage) in p'(lic prosec'tion is not to con*ict ('t to see that 8'stice is )one" The s'ppression of facts or the concealment of $itnesses capa(le of esta(lishing the innocence of the acc'se) is highly reprehensi(le an) is ca'se of )isciplinary action" 'le <"24 A la$yer in the go*ernment ser*ice shall not 'se his p'(lic position to promote or a)*ance his pri*ate interest3 nor allo$ the latter to interfere $ith his p'(lic )'ties" 'le <"25 A la$yer shall not3 after lea*ing go*ernment ser*ice3 accept engagements or employment in connection $ith any matter in $hich he ha) inter*ene) $hile in sai) ser*ice"

5arious ways a go&ernment lawyer lea&es go&ernment ser&ice6

1. retirement 2. resignation !. e)piration of the term of office ". dismissal #. abandonment

=: :hat are the pertinent stat'tory pro*isions regar)ing this

'le>

46 Sec. ! *d2 R4 !C1B as amended and Sec. A *b2, R4 @A1! Sec !. Corrupt pra$ti$e of Publi$ 4ffi$ers. -n addition to acts or omission of public officers already penali=ed by e)isting law, the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful6 *d2 accepting or ha&ing any member of his family accept employment in a pri&ate enterprise which has pending official business with him during the pendency thereof or within one year after termination. Section A *b2 of R4 @A1! prohibits officials from doing any of the following acts6 1. own, control, manage or accept employment as officer, employee, consultant, counsel, bro(er, agent, trustee or nominee in any pri&ate enterprise regulated, super&ised or licensed by their office unless e)pressly allowed by law. $hese prohibitions shall continue to apply for a period of one *12 year after resignation, retirement, or separation from public office, e)cept in the case of subparagraph *b2 *22 abo&e, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall li(ewise apply.

1awyers in the go&ernment ser&ice are prohibited to engage in the pri&ate practice of their profession unless authori=ed by the constitution or law, pro&ided that such practice will not conflict or tend to conflict with their official functions. :isconduct in office as a public official may be a ground for disciplinary action *if of such character as to affect his 'ualification as lawyer or to show moral delin'uency2. Should recommend the ac'uittal of the accused whose con&iction is on appeal, -3 he finds no legal basis to sustain the con&iction.

-ncludes restriction is representing conflicting interest *e.g. 4ccepting engagements &s. former employer, P8,2 $he ;SE is not authori=ed to represent a public official at any state of a criminal case.

eference: Legal Ethics Ateneo

e*ie$er

Category Archi*es: Legal Ethics


Legal Ethics Co)e of 9')icial Con)'ct
Dan !C Posted by :ag= Co)e of 9')icial Con)'ct Pream(le 4n honorable, competent and independent judiciary e)ists to administer justice and thus promote the unity of the country, the stability of go&ernment, and the well being of the people. CA#O# 0% A 8')ge sho'l) 'phol) the integrity an) in)epen)ence of the 8')iciary 'le 0"20 A 8')ge sho'l) (e the em(o)iment of competence3 integrity3 an) in)epen)ence" 'le 0"24 A 8')ge sho'l) a)minister 8'stice impartially an) $itho't )elay" 'le 0"25 A 8')ge sho'l) (e *igilant against any attempt to s'(*ert the in)epen)ence of the 8')iciary an) resist any press're from $hate*er so'rce"

Dudges should a&oid e&en the slightest infraction of the law. :ust be models of uprightness, fairness and honesty Should not rela) in his study of the law and court decisions. Should not be swayed by public clamor or considerations of personal popularity :ust decide motions without delay. Should also appear impartial.

CA#O# 4 A 8')ge sho'l) a*oi) impropriety an) the appearance of impropriety in all acti*ities. 'le 4"20 A 8')ge sho'l) so (eha*e at all times as to promote p'(lic confi)ence in the integrity an) impartiality of the 8')iciary" 'le 4"24 A 8')ge sho'l) not see7 p'(licity for personal *ainglory" 'le 4"25 A 8')ge shall not allo$ family3 social3 or other relationships to infl'ence 8')icial con)'ct or 8')gment" The prestige of 8')icial office shall not (e 'se) or lent to a)*ance the pri*ate interests of others3 nor con*ey or permit others to con*ey the impression that they are in a special position to infl'ence the 8')ge" 'le 4"26 A 8')ge shall refrain from infl'encing in any manner the o'tcome of litigation or )isp'te pen)ing (efore another co'rt of a)ministrati*e agency"

4 judge must be beyond suspicion. +e has the duty not only to render a just and impartial decision but also to render it in such a manner as to be free from any suspicion as to its fairness and impartiality, and also as to his integrity. E&ery litigant is entitled to nothing short of the cold neutrality of an independent, wholly free, disinterested and impartial tribunal. 4 judge must be temperate in his language and must not lose his cool. 4 judge is prohibited from ma(ing public statements in the media regarding a pending case so as not to arouse public opinion for or against a party *&iolates the Principle of Subjudice2 Dudges must not use or permit the use of any undignifiedGself?laudatory statement regarding their 'ualifications or legal ser&ices. 4 judge must not allow anyone to ride on his prestige. +e should not create the impression that someone or some people are so close to him to enjoy his fa&or.

CA#O# 5 % A 8')ge sho'l) perform official )'ties honestly3 an) $ith impartiality an) )iligence"

A19?1ICATI!E

ESPO#SIBILITIES

'le 5"20 A 8')ge shall (e faithf'l to the la$ an) maintain professional competence"

Dudge should be con&ersant with the law and its amendments.

'le 5"24 In e*ery case3 a 8')ge shall en)ea*or )iligently to ascertain the facts an) the applica(le la$ 'ns$aye) (y partisan interest3 p'(lic opinion or fear of criticism"

3inding of facts must be based not on the personal (nowledge of the judge but upon the e&idence presented. -f the personal &iew of the judge contradicts the applicable doctrine promulgated by the Supreme Court, nonetheless, he should decide the case in accordance with that doctrine and not in accordance with his personal &iews. +e is howe&er not prohibited from stating his own opinion on the matter if he wants to in&ite constructi&e attention thereto.

'le 5"25 A 8')ge shall maintain or)er an) proper )ecor'm in the co'rts" 'le 5"26 A 8')ge sho'l) (e patient3 attenti*e3 an) co'rteo's to la$yers3 especially the ine+perience)3 to litigants3 $itnesses3 an) others appearing (efore the co'rt" A 8')ge sho'l) a*oi) 'nconscio'sly falling into the attit')e of min) that the litigants are ma)e for the co'rts3 instea) of the co'rts for the litigants"

Conduct of trial must not be attended with fanfare and publicity> not permit pictures or broadcasting. :ust use temperate language> should not ma(e insulting remar(s.

'le 5"2; A 8')ge shall )ispose of the co'rt/s ('siness promptly an) )eci)e cases $ithin the re,'ire) perio)s" 'le 5"2< :hile a 8')ge may3 to promote 8'stice3 pre*ent $aste of time or clear 'p some o(sc'rity3 properly inter*ene in the presentation of e*i)ence )'ring the trial3 it sho'l) al$ays (e (orne in min) that 'n)'e interference may pre*ent the proper presentation of the ca'se of the ascertainment of the tr'th" 'le 5"2@ A 8')ge sho'l) a(stain from ma7ing p'(lic comments on any pen)ing or impen)ing case an) sho'l) re,'ire similar restraint on the part of co'rt personnel"

Dudge should ta(e notes and rely on transcripts. Dudge is not e)cused if stenographer is o&erloaded. +e is e)cused for delay on grounds of multifarious motions> appellate court enjoins judge from further proceeding> hea&y caseload.

A1-I#IST ATI!E

ESPO#SIBILITIES

'le 5"2A A 8')ge sho'l) )iligently )ischarge a)ministrati*e responsi(ilities3 maintain professional competence in co'rt managements3 an) facilitate the performance of the a)ministrati*e f'nctions of other 8')ges an) co'rt personnel" 'le 5"2B A 8')ge sho'l) organi.e an) s'per*ise the co'rt personnel to ens're the prompt an) efficient )ispatch of ('siness3 an) re,'ire at all times the o(ser*ance of high stan)ar)s of p'(lic ser*ice an) fi)elity" 'le 5"02 A 8')ge sho'l) ta7e or inititate appropriate )isciplinary meas'res against la$yers or co'rt personnel for 'nprofessional con)'ct of $hich the 8')ge may ha*e (ecome a$are" 'le 5"00 A 8')ge sho'l) appoint commissioners3 recei*ers3 tr'stees3 g'ar)ians3 a)ministrators an) others strictly on the (asis of merit an) ,'alifications3 a*oi)ing nepotism3 an) fa*oritism" ?nless other$ise allo$e) (y la$3 the same criteria sho'l) (e o(ser*e) in recommen)ing appointment of co'rt personnel" :here the payment of compensation is allo$e)3 it sho'l) (e reasona(le an) commens'rate $ith the fair *al'e of ser*ices ren)ere)"

4scertain that the records of all cases are properly (ept and managed. :aintain a chec(list on the cases submitted for decision with a &iew to (now e)actly the specific deadlines for the resolutionGdecision of the said cases. 1oss of records6 gross negligence Should be a good manager. :ay not summarily suspend a lawyer for indirect contempt. Dudge has the power to appoint, but the power to dismiss court employees is &ested in the Supreme Court. -f (nowingly nominate or appoint to any public office any person lac(ing the legal 'ualification therefor, shall be guilty of unlawful appointment punishable with imprisonment and fine *4rt 2"", RPC2.

1IS=?ALICICATIO#S 'le 5"04 A 8')ge sho'l) ta7e no part in procee)ing $here the 8')ge/s impartiality might reasona(ly (e ,'estione)" These cases incl')e3 among others3 procee)ings $hereD
1. a" the 8')ge has personal 7no$le)ge of )isp'te) e*i)entiary facts concerning the procee)ingD 2. (" the 8')ge ser*e) as e+ec'tor3 a)ministrator3 g'ar)ian3 tr'stee or la$yer in the case or matters in contro*ersy3 or a former associate of the 8')ge ser*e) as co'nsel )'ring their association3 or the 8')ge or la$yer $as a material $itness thereinD !. c" the 8')ge/s r'ling in a lo$er co'rt is s'(8ect of re*ie$

". )" the 8')ge is relate) (y consang'inity or affinity to a party litigant $ithin the < th )egree or to co'nsel $ithin the 6th )egreeD #. e" the 8')ge 7no$s that the 8')ge/s spo'se or chil) has a financial interest3 as heir3 legatee3 cre)itor3 fi)'ciary3 or other$ise3 in the s'(8ect matter in contro*ersy or in a party to the procee)ing3 or any other interest that co'l) (e s'(stantially affecte) (y the o'tcome of the procee)ing"

In e*ery instance the 8')ge shall in)icate the legal reason for inhi(ition"

Petition to dis'ualify judge must be filed before rendition of judgment by the judge> can0t be raised first time on appeal.

-f a judge denies petition for dis'ualification, the ultimate test6 is whether or not the complaint was depri&ed of a fair and impartial trial. Remedy6 see( new trial.

E-ITTAL OC 1IS=?ALICICATIO# 'le 5"05 A 8')ge )is,'alifie) (y the terms of 'le 5"04 may3 instea) of $ith)ra$ing from the procee)ing3 )isclose on the recor) the (asis of )is,'alification" If3 (ase) on s'ch )isclos're3 the parties an) la$yers in)epen)ently of the 8')ge/s participation3 all agree in $riting that the reason for the inhi(ition is immaterial or ins'(stantial3 the 8')ge may then participate in the procee)ing" The agreement3 signe) (y all parties an) la$yers3 shall (e incorporate) in the recor) of the procee)ing"

CA#O# 6 A 8')ge may3 $ith )'e regar) to official )'ties3 engage in acti*ities to impro*e the la$3 the legal system an) the a)ministration of 8'stice" 'le 6"20 A 8')ge may3 to the e+tent that the follo$ing acti*ities )o not impair the performance of 8')icial )'ties or case )o'(t on the 8')ge/s impartiality:
1. a" spea73 $rite3 lect're3 teach or participate in acti*ities concerning the la$3 the legal system an) the a)ministration of 8'sticeD 2. (" appear at a p'(lic hearing (efore a legislati*e or e+ec'ti*e (o)y on matters concerning the la$3 the legal system or the a)ministration of 8'stice an) other$ise cons'lt $ith them on matters concerning the a)ministration of 8'sticeD !. c" ser*e on any organi.ation )e*ote) to the impro*ement of the la$3 the legal system or the a)ministration of 8'stice"

ecision to engage in these acti&ities depends upon the sound judgement of the judge. -f has not enough time to spare *such as when caseload is too hea&y2 prudence dictates, he must concentrate on his judicial duties. -f a judge has time to spare, the best attitude to ta(e is to participate in acti&ities which are closely related to the performance of his duties and which do not consume much of his time and energy.

CA#O# ; A 8')ge sho'l) reg'late e+tra%8')icial acti*ities to minimi.e the ris7 of conflict $ith 8')icial acti*ities" !OCATIO#AL3 CI!IC A#1 CHA ITABLE ACTI!ITIES 'le ;"20 A 8')ge may engage in the follo$ing acti*ities pro*i)e) that they )o not interfere $ith the performance of 8')icial )'ties or )etract from the )ignity of the co'rts:
1. a" 2. (" !. c" $rite3 lect're3 teach an) spea7 on non%legal s'(8ectsD engage in the arts3 sports3 an) other special recreational acti*itiesD participate in ci*ic an) charita(le acti*itiesD

". )" ser*e as an officer3 )irector3 tr'stee3 or non%legal a)*isor of a non%profit or non%political3 e)'cational3 religio's3 charita(le3 fraternal3 or ci*ic organi.ation"

-f they opt to engage in such acti&ities, they must learn how to manage their time in such manner that their judicial responsibilities do not falter and suffer.

CI#A#CIAL ACTI!ITIES 'le ;"24 A 8')ge shall refrain from financial an) ('siness )ealings that ten)s to reflect a)*ersely on the co'rt/s impartiality3 interfere $ith the proper performance of 8')icial acti*ities3 or increase in*ol*ements $ith la$yers or persons li7ely to come (efore the co'rt" A 8')ge sho'l) so manage in*estments an) other financial interests as to minimi.e the n'm(er of cases gi*ing gro'n)s for )is,'alification"

'le ;"25 S'(8ect to the pro*isions of the procee)ing r'le3 a 8')ge may hol) an) manage in*estments ('t sho'l) not ser*e as an officer3 )irector3 manager3 a)*isor3 or employee of any ('siness e+cept as )irector of a family ('siness of the 8')ge" 'le ;"26 A 8')ge or any3 imme)iate mem(er of the family3 shall not accept a gift3 (e,'est3 fa*or or loan from anyone e+cept as may (e allo$e) (y la$" 'le ;"2; #o information ac,'ire) in a 8')icial capacity shall (e 'se) or )isclose) (y a 8')ge in any financial )ealing or for any other p'rpose not relate) to 8')icial acti*ities"

Prohi(itions 'n)er the e*ise) Penal Co)e:

4rt 21#. Prohibited )ransa$tion. $he penalty of prision $orre$$ional in its minimum period or a fine ranging from P2CC to P1CCC or both, shall be imposed upon any appointi&e public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of e)change or speculation within the territory subject to his jurisdiction. 4rt 21@. Possession of prohibited interest by a publi$ offi$er. $he penalty of arresto /ayor in its medium period to prision $orre$$ional in its minimum period, or a fine ranging from P2CC to P1CCC, or both, shall be imposed upon a public officer who directly and indirectly, shall become interested in any contract or business which it is his official duty to inter&ene.

Se$ +. Corrupt pra$ti$es of publi$ offi$ers. -n addition to acts or omissions of public officers already penali=ed by e)isting law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful6

III *h2 irectly or indirectly ha&ing financial or pecuniary interest in any business, or contract or transaction in connection with which here inter&enes or ta(es part in his official capacity or in which he is prohibited by the Constitution or by any law from ha&ing any interest, *Sec. !*h2, R4 !C1B2

General 'le6 4&oid ta(ing or recei&ing loans from litigants. E+ception *4ECP426 9nsolicited gifts or presents of small &alue offered or gi&en as a mere ordinary to(en of gratitude or friendship according to local custom or usage.

CI1?CIA E ACTI!ITIES 'le ;"2< A 8')ge sho'l) not ser*e as the e+ec'tion a)ministrator3 tr'stee3 g'ar)ian3 or other fi)'ciary3 e+cept for the estate3 tr'st3 or person of a mem(er of the imme)iate family an) then only if s'ch ser*ice $ill not interfere $ith the proper performance of 8')icial )'ties" Fmem(er of imme)iate familyG shall (e limite) to the spo'se an) relati*es $ithin the secon) )egree of consang'inity" As a family fi)'ciary3 a 8')ge shall not:
1. a" 2. (" ser*e in procee)ings that might come (efore the co'rt of sai) 8')geD or act as s'ch contrary to 'le ;"24 to ;"2;

P ACTICE OC LA: A#1 OTHE

P OCESSIO#

'le ;"2@ A 8')ge shall not engage in the pri*ate practice of la$" ?nless prohi(ite) (y the Constit'tion or la$3 a 8')ge may engage in the practice of any other profession pro*i)e) that s'ch practice $ill not conflict or ten) to conflict $ith 8')icial f'nctions"

-ncludes preparation of pleadings or papers in anticipation of litigation, and gi&ing of legal ad&ice to clients or persons needing the same. 8ot engage in notarial wor(. E)ception6 .8otaries public e)?oficio/ % may engage only in notari=ation of documents connected with the e)ercise of their official functions. Pro&ided, all notarial fees on account of the go&ernment and certification attesting to lac( of any lawyer or 8otary Public. Sworn statement of assets and liabilities including statement of amounts and ser&ices of income, the amount of personal and family e)penses and the amount of income ta) is paid for the ne)t preceding calendar year.

CI#A#CIAL 1ISCLOS? E 'le ;"2A A 8')ge shall ma7e f'll financial )isclos're as re,'ire) (y la$" EHT A%9?1ICIAL APPOI#T-E#TS 'le ;"2B A 8')ge shall not accept appointment or )esignation to any agency performing ,'asi%8')icial or a)ministrati*e f'nctions" POLITICAL ACTI!ITIES 'le ;"02 A 8')ge is entitle) to entertain personal *ie$s on political ,'estions" B't to a*oi) s'spicion of political partisanship3 a 8')ge shall not ma7e political speeches3 contri('te to party f'n)s3 p'(licly en)orse can)i)ates for political office or participate in other partisan political acti*ities" CO-PLIA#CE :ITH THE CO1E OC 9?1ICIAL CO#1?CT All 8')ges shall strictly comply $ith this co)e

1ATE OC ECCECTI!ITE This co)e3 prom'lgate) on ; Septem(er 0BAB3 shall ta7e effect on 42 Octo(er 0BAB"

4n administrati&e case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant. Retirement, resignation or promotion of a judge does not necessarily render moot and academic all the cases against him. Ci&il 1iabilities Re ;fficial 3unctions6

1. obstructs, defeats, &iolates or in any manner impedes or impairs the ci&il rights. 2. Fillful or negligent rendition of a decision which causes damages to another !. 3or damages6 renderingGneglecting to decide a case causing loss to a party.

Ci&il Code isabilities6

Rule6 Can0t purchase properties subject of litigation is his court. E)ception6 oes not apply where the subject property was not ac'uired from any of the parties to the case, nor will it apply when the litigation is already finished. ,utJ while in a technical sense, the judge may not ha&e ac'uired the property in litigation in a case before him, ne&ertheless, it is improper for him to ha&e done so under the canons of judicial ethics.

onations made to a judge by reason of his office are &oid. $a(ing ad&antage of his position to boost his candidacy amounts to gross misconduct. Cannot ser&e as officers or ad&isers of political groups.

Criminal Lia(ilities of 9')ges

:alfeasance under the RPC6

1. Knowingly Rendering 9njust Dudgment (Art. 203, RPC)

$he elements are6


1. that the officer is a judge> 2. that he renders judgment in a case submitted to him for decision>

!. that the judgment is unjust> ". the judge (nows that his judgment is unjust. 1. Dudgment Rendered $hrough 8egligence (Art. 20-, RPC)

$he elements are6


1. that the offender is a judge> 2. that he renders judgment in a case submitted to him for decision !. that the judgment is manifestly unjust> ". that is due to his ine)cusable negligence or ignorance.

#otaries P'(lic

Powers and uties of a 8otary Public

Section 2"1 of the Re&ised 4dministrati&e 4ct enumerates the Eeneral Powers of a 8otary Public6
1. $o administer all oaths and affirmations pro&ided for by law6 1. in all matters incident to his notarial office> 2. in the e)ecution of6 1. affida&its 2. depositions !. other documents re'uiring an oath 1. $o recei&e proof or ac(nowledgment of all writings relating to commerce, such as 1. ships, &essels or boats6 1. ,ills of E)change 2. ,ottomries !. :ortgages ". +ypothecations #. charter parties or affreightments @. letters of attorney A. landGbuildings or interest therein6 1. deeds 2. mortgages !. transfers and assignments ". other writings as are commonly pro&ided or ac(nowledged before notaries.

!. $o act as magistrate in the writing of affida&its or depositions ". $o ma(e declarations and certify the truth thereof under his seal of office, concerning all matters done by him in &irtue of his office.

$he law imposes on the notary public two (inds of duties6

1. e)ecution of formalities re'uired by law> and 2. &erification of the capacity and identity of the parties as well as the legality of the act e)ecuted.

E)tent of Durisdiction of a 8otary Public6

9nder the 8otarial 1aw, the jurisdiction of a notary public in general, used to be C;?EI$E8S-5E with the pro&ince for which he was commissioned> and for the notary public in the City of :anila, the jurisdiction is C;?EI$E8S-5E with said city. Circular 7 of 1B7# howe&er, clarified further that the notary public may be commissioned for the same term only by one court within the :etro :anila region.

<6 :ust a 8otary Public always be a 14FLERM

46 <eneral Rule# ;nly those admitted to the practice of law are 'ualified to be notaries public. @A$eption6 Fhen there are no persons with the necessary 'ualifications ;R where there are 'ualified persons but refuse appointment. -n which case, the following persons may be appointed as notaries6
1. those who ha&e passed the studies of law in a reputable uni&ersity 2. a cler( or deputy cler( of court for a period of not less than two years

Effects of 8;$4R-N4$-;8

1. $he notary, in effect, proclaims to the world6 1. that all the parties therein personally appeared before him 2. that they are personally (nown to him !. that they are the same persons who e)ecuted the instrument ". that he in'uired into the &oluntariness of the e)ecution of the instrument> and #. that they ac(nowledged personally before him that they &oluntarily and freely e)ecuted the same @. 2. Con&erts a pri&ate document into a public one and renders it admissible in court without further proof of its authenticity. *0oson vs. &altaBar) A. +. ocuments enjoy a presumption of regularity. -t constitutes prima facie e&idence of the facts which gi&e rise to their e)ecution and of the date of said e)ecution, but not of the truthfulness of the statements. $he reason for the former presumption is that the law assumes that the act which the officer witnesses and certified to or the date written by him are not shown to be false since notaries are public officers.

eference: Legal Ethics Ateneo Posted in 1egal Ethics 1ea&e a Comment

e*ie$er

$ags6 1egal Ethics ? Code of Dudicial Conduct

Legal Ethics Special 1isa(ilities of La$yers an) 9')icial Ethics


Dan !C Posted by :ag= Special 1isa(ilities of La$yers The follo$ing persons are prohi(ite) from ac,'iring property 'n)er litigation (y reason of the relation of tr'st or their pec'liar control either )irectly or in)irectly an) e*en at a p'(lic or 8')icial a'ction:
1. 0" g'ar)iansD

2. 4" !. 5" ". 6" #. ;" @. <" A. @"

agents a)ministrators p'(lic officers an) employees 8')icial officers an) employees prosec'ting attorneys an) la$yers *4rt 1"B1, 8CC2 those specially )is,'alifie) (y la$ (Rubias vs. &atilles, +1 SCRA 120)

Elements of 4rticle 1"B1 *Ci&il Code> ,ai2 vs. CA, .2 SCRA 2!3)

1. there must be an attorney?client relationship 2. the property or interest of the client must be in litigation !. the attorney ta(es part as counsel in the case ". the attorney by himself or through another purchases such property or interest during the pendency of the litigation.

General 'le: 4 lawyer may not purchase, e&en at a public or judicial auction, in person or through the mediation of another, any property or interest in&ol&ed in any litigation in which he may ta(e part by &irtue of his profession. $his prohibition is entirely independent of fraud and such need not be alleged or pro&en.

Effects:
1. malpractice on the part of the lawyer and may be disciplined for misconduct 2. transaction is null and &oid

E+ceptions:

1. property is ac'uired by lawyer through a contingent fee arrangement 2. any of the " elements of 4rt. 1"B1 is missing

9')icial Ethics

So'rces of 9')icial Ethics:

1. Code of Dudicial Conduct 2. Constitution *4rt 5---, 4rt -I and 4rt ---2 !. 8ew Ci&il Code *4rticles B, 2C, 2A, !2, !#, A!B, 1"B1, 2CC#, 2C!#, 2C"@2 ". Re&ised Rules of Court *Rules A1, 1!#, 1!A, 1!B,, 1"C2 #. Re&ised Penal Code *4rticles 2C", 2C#, 2C@, 2CA2 @. 4nti?Eraft and Corrupt Practices 4ct *R4 !C1B2 A. Canons of Dudicial Ethics *4dm. ;rder 8o. 1@22 7. Code of Professional Responsibility B. Dudiciary 4ct of 1B"7 *R4 2B@2

1C. Dudiciary Reorgani=ation 4ct of 1B!C *,P12B2 11. Supreme Court ecisions 12. 3oreign ecisions

1!. ;pinions of authorities 1". ;ther Statutes 1#. SC Circulars


Court % a board or other tribunal which decides a litigation or contest (Cidal2o v. Man2lapus, %3 4< +1.!) Dudge % a public officer who, by &irtue of his office, is clothed with judicial authority, a public officer lawfully appointed to decide litigated 'uestions in accordance with law. ?e 0ure Dudge % one who is e)ercising the office of judge as a matter of right> and officer of a court who has been duly and legally appointed, 'ualified and whose term has not e)pired. ?e 'a$to Dudge % an officer who is not fully &ested with all the powers and duties conceded to judges, but is e)ercising the office of a judge under some color of right. ='alification of S'preme Co'rt -em(ers:

1. 8atural born citi=en of the Philippines> 2. 4t least "C years of age> !. :ust ha&e been at least for 1# years, a judge of a lower court or engaged in the practice of law (Se$ (2), Art. 5***, 1!. Constitution).

eference: Legal Ethics Ateneo Posted in 1egal Ethics 1ea&e a Comment

e*ie$er

$ags6 1egal Ethics ? Special

isabilities of 1awyers and Dudicial Ethics

Legal Ethics Lia(ilities of La$yers


Dan !C Posted by :ag= Lia(ilities of La$yers

Ci*il Lia(ility

1. Client is prejudiced by lawyer0s negligence or misconduct 2. ,reach of fiduciary obligation !. Ci&il liability to third persons ". 1ibelous words in pleadings> &iolation of communication pri&ilege #. 1iability for costs of suit *treble $osts2 % when lawyer is made liable for insisting on client0s patently unmeritorious case or interposing appeal merely to delay litigation

Criminal Lia(ility

1. Prejudicing client through malicious breach of professional duty 2. Re&ealing client0s secrets !. Representing ad&erse interests

". -ntroducing false e&idence #. :isappropriating client0s funds *estafa2

Contempt of Co'rt

1. Kinds of Contempt6 1. irect % consists of misbeha&ior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice> punished summarily.

2. -ndirect % one committed away from the court in&ol&ing disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court. !. Ci&il? failure to do something ordered by the court which is for the benefit of a party. ". Criminal % any conduct directed against the authority or dignity of the court.

b. 4cts Constituting Contempt6


1. :isbeha&ior 2. isobedience !. Publication concerning pending litigation ". Publication tending to degrade the court> disrespectful language in pleadings #. :isleading the court or obstructing justice @. 9nauthori=ed practice of law A. ,elligerent attitude 7. 9nlawful retention of client0s funds

A)ministrati*e Lia(ilities of la$yers

-ain O(8ecti*es of 1is(arment an) S'spension:

1. to compel the attorney to deal fairly and honestly with his clients> 2. to remo&e from the profession a person whose misconduct has pro&ed him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney> !. to punish the lawyer> ". to set an e)ample or a warning for the other members of the bar> #. to safeguard the administration of justice from incompetent and dishonest lawyers> @. to protect the public

Characteristics of 1is(arment Procee)ings:

1. 8either a ci&il nor criminal proceedings> 2. ouble jeopardy cannot be a&ailed of in a disbarment proceeding>

!. -t can be initiated /otu propio by the SC or -,P. -t can be initiated without a complaint> ". -t is imprescriptible> #. Conducted confidentially> @. -t can proceed regardless of the interest of the lac( thereof on the part of the complainant> A. -t constitutes due process.

Gro'n)s for 1is(arment or S'spension:

1. deceit> 2. malpractice or other gross misconduct in office> !. grossly immoral conduct> ". con&iction of a crime in&ol&ing moral turpitude> #. &iolation of oath of office> @. willful disobedience of any lawful order of a superior court> A. corrupt or willful appearance as attorney for a party to case without authority to do so (Se$. 2 , Rule 1+., RRC)

Proce)'re for 1is(arment

1. -nstitution either by6 1. the Supreme Court, /otu proprio, or 2. the -,P, /otu proprio, or !. upon &erified complaint by any person 2. Si) copies of the &erified complaint shall be filed with the Secretary of the -,P or Secretary of any of its chapter and shall be forwarded to the -,P ,oard of Eo&ernors. !. -n&estigation by the 8ational Erie&ance -n&estigators. ". Submission of in&estigati&e report to the -,P ,oard of Eo&ernors. #. ,oard of Eo&ernors decides within !C days. @. -n&estigation by the Solicitor?Eeneral A. SC renders final decision for disbarmentGsuspensionGdismissal.

Duantu/ of Proof ReEuired6 C1E4R, C;85-8C-8E O S4$-S34C$;RL e&idence. &urden of Proof6 Rests on the C;:P14-848$, the one who instituted the suit

Officers a'thori.e) to in*estigate 1is(arment cases:

1. Supreme Court 2. -,P through its Commission on ,ar !. ;ffice of the Solicitor Eeneral

iscipline or authori=ed in&estigator

-itigating Circ'mstances in 1is(arment:

1. Eood faith in the ac'uisition of a property of the client subject of litigation (*n re# Ruste, 0 Phil. 23+) 2. -ne)perience of the lawyer (MunoB v. People, -+ SCRA 1!0) !. 4ge (,antos v. <an, 1!% SCRA 1%) ". 4pology (MunoB v. People, -+ SCRA 1!0) #. 1ac( of -ntention to slight or offend the Court (Rhu/ of the Philippines, *n$. v. 'errer, 20 SCRA 331).

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eference: Legal Ethics e*ie$er

Ateneo

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eference: Legal Ethics e*ie$er Ateneo

Posted in 1egal Ethics 1ea&e a Comment $ags6 1egal Ethics ? 1iabilities of 1awyers

Legal Ethics Chapter I! The La$yer an) the Client


Dan !C Posted by :ag= Chapter I! The La$yer an) the Client CA#O# 06 A La$yer shall not ref'se his ser*ices to the nee)y" 'le 06"20 A la$yer shall not )ecline to represent a person solely on acco'nt of the latter/s race3 se+3 cree) or stat's of life3 or (eca'se of his o$n opinion regar)ing the g'ilt of sai) person" 'le 06"24 A la$yer shall not )ecline3 e+cept for serio's an) s'fficient ca'se3 an appointment as co'nsel de oficio or as amicus curae or a re,'est from the Integrate) Bar of the Philippines or any of its chapters for ren)ition of free legal ai)" 'le 06"25 A la$yer may ref'se to accept representation of a client if:
1. a" He is not in position to carry o't the $or7 effecti*ely an) competently" 2. (" He la(ors 'n)er conflict of interest (et$een him an) the prospecti*e client or (et$een a present client an) the prospecti*e client"

'le 06"26 A la$yer $ho accepts the ca'se of a person 'na(le to pay his professional fees shall o(ser*e the same stan)ar) of con)'ct go*erning his relations $ith paying clients"

1'ties to Client:

1. owe utmost learning and ability 2. maintain in&iolate the confidence of the client !. disclose all circumstancesGinterest regarding the contro&ersy ". undi&ided loyalty

#. not reject cause of defenseless and oppressed @. candor, fairness and loyalty A. hold in trust money or property 7. respond with =eal to the cause of the client

Appointment of Amicus Curae

1. by application to the judge 2. the judge on his own initiati&e may in&ite the lawyer !. no right to interfere with or control the condition of the record, no control o&er the suit

Cannot refuse on the ground of insufficient of compensation or lac( of it

CA#O# 0; A la$yer shall o(ser*e can)or3 fairness an) loyalty in all his )ealings an) transactions $ith his client"

'le 0;"20 A la$yer in conferring $ith a prospecti*e client3 shall ascertain as soon as practica(le $hether the matter $o'l) in*ol*e a conflict $ith another client or his o$n interest3 an) if so3 shall forth$ith inform the prospecti*e client" 'le 0;"24 A la$yer shall (e (o'n) (y the r'le on pri*ilege comm'nication in respect of matters )isclose) to him (y a prospecti*e client" 'le on e*ealing Client/s I)entity

General 'le6 4 lawyer may not in&o(e pri&ilege communication to refuse re&ealing a client0s identity. (Re2ala vs. Sandi2anbayan, 2%2 SCRA 122, Septe/ber 20, 1!!%)

E+ceptions:
1. Fhen by di&ulging such identity, it would implicate the client to that same contro&ersy for which the lawyer0s ser&ices were re'uired. 2. -t would open client to ci&il liability !. $he disclosure of such identity will pro&ide for the only lin( in order to con&ict the accused, otherwise, the go&ernment has no case.

Re'uisites of Pri&ileged Communication6

1. 4tty.?client relationship *or a (ind of consultancy relationship with a prospecti&e client 2. Communication made by client to lawyer in the course of lawyer0s professional employment !. Communication is intended to be confidential *see Rule 1!C, Sec. 21*b2, Rules of Court2

Fhen communication is not pri&ileged6

1. after pleading has been filed 2. communication intended by the client to be sent to a third person through his counsel *it loses its confidential character as soon as it reaches the hands of third person2

E&en if the communication is unpri&ileged, the rule of ethics prohibits him from &oluntarily re&ealing or using to his benefit or to that of a third person, to the disad&antage of the client, the said communication unless the client consents thereto. $his is applicable to students under the Student Practice 1aw Program

'le 0;"25 A la$yer shall not represent conflicting interests e+cept (y $ritten consent of all concerne) gi*en after a f'll )isclos're of the facts"

'le on Conflicting Interest -t is generally the rule based on sound public policy that an attorney cannot represent ad&erse interest. -t is highly improper to represent both sides of an issue. $he proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable howe&er slight such ad&erse interest may be. -t applies although the attorney0s intention and moti&es were honest and he acted in good faith. +owe&er, representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. *"a;pil vs. 5aldeB, 2.% SCRA -.).

General 'le: 4n attorney cannot represent ad&erse interest. E+ception: Fhere the parties consent to the representation after full disclosure of facts. )he )@S) in deter/inin2 Confli$tin2 *nterest# $he test is whether or not the acceptance of a new relation will pre&ent an attorney from the full discharge of his duty of indi&idual fidelity and loyalty to his client or in&ite suspicion of unfaithfulness in double?dealing in the performance thereof. ()iana vs. 4$a/po)

'le 0;"26 A la$yer may3 $ith the $ritten consent of all concerne)3 act as me)iator3 conciliator or ar(itrator in settling )isp'tes" 'le 0;"2; A la$yer3 $hen a)*ising his client3 shall gi*e a can)i) an) honest opinion on the merits an) pro(a(le res'lts of the client/s case3 neither o*erstating nor 'n)erstating the prospects of the case" 'le 0;"2< A la$yer shall not state nor imply that he is a(le to infl'ence any p'(lic official3 tri('nal or legislati*e (o)y" 'le 0;"2@ A la$yer shall impress 'pon his client compliance $ith the la$s an) the principles of fairness" 'le 0;"2A A la$yer $ho is engage) in another profession or occ'pation conc'rrently $ith the practice of la$ shall ma7e clear to his client $hether he is acting as a la$yer or in another capacity"

1awyers should refrain from gi&ing any ad&ice unless they ha&e obtained sufficient understanding of their client0s cause. 4 careful in&estigation and e)amination of the facts must first be had before any legal opinion be gi&en by the lawyer to the client. $o a&oid breach of legal ethics, a lawyer should (eep any business, in which is engaged in concurrently with the practice of law, entirely separate and apart from the latter.

CA#O# 0< A la$yer shall hol) in tr'st all moneys an) properties of his client that may come into his possession" 'le 0<"20 A la$yer shall acco'nt for all money or property collecte) or recei*e) for or from the client" 'le 0<"24 A la$yer shall 7eep the f'n)s of each client separate an) apart from his o$n an) those of others 7ept (y him" 'le 0<"25 A la$yer shall )eli*er the f'n)s an) property of his client $hen )'e or 'pon )eman)" Ho$e*er3 he shall ha*e a lien o*er the f'n)s an) may apply so m'ch thereof as may (e necessary to satisfy his la$f'l fees an) )is('rsements3 gi*ing notice promptly thereafter to his client" He shall also ha*e a lien to the same e+tent on all 8')gments an) e+ec'tions he has sec're) for his client as pro*i)e) for the 'les of Co'rt" Attorneys( ,iens > an attorney shall ha&e a lien upon the funds, documents and papers of his client which ha&e lawfully come into his possession and may retain the same until his lawful fees and

disbursements ha&e been paid, and may apply such finds to the satisfaction thereof. +e shall also ha&e a lien to the same e)tent upon all judgements for the payment of money, and e)ecutions issued in pursuance of such judgements which he has secured in a litigation of his client, from and after the time when he shall ha&e caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgement, or issuing such e)ecution, and shall ha&e caused written notice thereof to be deli&ered to his client and to the ad&erse party> and he shall ha&e the same right and power o&er such judgments and e)ecutions as his client would ha&e to enforce his lien and secure the payment of his fees and disbursements . *Sec, !A, Rule 1!7, RRC2 'le 0<"26 A la$yer shall not (orro$ money from his client 'nless the client/s interests are f'lly protecte) (y the nat're of the case or (y in)epen)ent a)*ice" #either shall a la$yer len) money to a client e+cept3 $hen in the interest of 8'stice3 he has to a)*ance necessary e+penses in the legal matter he is han)ling for the client"

4ttorney0s lien is not an e)cuse for non?rendition of accounting Cannot disburse client0s money to client0s creditors without authority. 3ailure to deli&er upon demand gi&es rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in &iolation of the trust reposed in him. 8otify client if retaining lien shall be implemented Fhen a lawyer enforces a charging lien against his client, the client?lawyer relationship is terminated. $he principle behind Rule 1@.C" is to pre&ent the lawyer from ta(ing ad&antage of his influence o&er the client or to a&oid ac'uiring a financial interest in the outcome of the case.

CA#O# 0@ A la$yer o$es fi)elity to the ca'se of his client an) he shall (e min)f'l of the tr'st an) confi)ence repose) in him"

8o fear of judicial disfa&or or public popularity should restrain him from full discharge of his duty. -t is the duty of the lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties and any interest in, or connection with, the contro&ersy which might influence the client in the selection of counsel. $he lawyer owes loyalty to his client e&en after the relation of attorney and client has terminated. -t is not good practice to permit him afterwards to defend in another case other persons against his former client under the prete)t that the case is distinct from and independent of the former case.

CA#O# 0A A la$yer shall ser*e his client $ith competence an) )iligence" 'le 0A"20 A la$yer shall not 'n)erta7e a legal ser*ice $hich he 7no$s or sho'l) 7no$ that he is not ,'alifie) to ren)er" Ho$e*er3 he may ren)er s'ch ser*ice if3 $ith the consent of his client3 he can o(tain as colla(orating co'nsel a la$yer $ho is competent on the matter" 'le 0A"24 A la$yer shall not han)le any legal matter $itho't a)e,'ate preparation" 'le 0A"25 A la$yer shall not neglect a legal matter entr'ste) to him an) his negligence in connection there$ith shall ren)er him lia(le" 'le 0A"26 A la$yer shall 7eep the client informe) of the stat's of his case an) shall respon) $ithin a reasona(le time to the client/s re,'est for information"

Co/peten$e6 sufficiency of lawyer0s 'ualification to deal with the matter in 'uestion and includes (nowledge and s(ill and the ability to use them effecti&ely in the interest of the client. 4 lawyer must (eep himself constantly abreast with the trend of authoritati&e pronouncements and de&elopments in all branches of law. $here must be e)traordinary diligence in prosecution or defense of his client0s cause. -f a lawyer errs li(e any other human being, he is not answerable for e&ery error or mista(e, and will be protected as long as he acts honestly and in good faith to the best of his s(ill and (nowledge. 1awyer is not an insurer of the result in a case where he is engaged in the counsel.

CA#O# 0B A la$yer shall represent his client $ith .eal $ithin the (o'n)s of the la$" 'le 0B"20 A la$yer shall employ only fair an) honest means to attain the la$f'l o(8ecti*es of his client an) shall not present3 participate in presenting or threaten to present 'nfo'n)e) criminal charges to o(tain an improper a)*antage in any case or procee)ing" 'le 0B"24 A la$yer $ho has recei*e) information that his client has3 in the co'rse of the representation3 perpet'ate) a fra') 'pon a person or tri('nal3 shall promptly call 'pon the client to rectify the same3 an) failing $hich he ha to terminate the relationship $ith s'ch client in accor)ance $ith the 'les of Co'rt" 'le 0B"25 A la$yer shall not allo$ his client to )ictate the proce)'re in han)ling the case"

General

'le6 8egligence binds client

E+ception6 Rec(less imprudence *depri&es client of due process2 Results in outright depri&ation of one0s property through technicality

:ust not present in e&idence any document (nown to be false> nor present a false witness. 8egati&e pregnant is improper since it is an ambiguous pleading *improper if in bad faith and the purpose is to confuse the other party2

In )efense: present e*ery )efense the la$ permits"

1awyer should do his best efforts to restrain and to pre&ent his clients from perpetrating acts which he himself ought not to do. ;r else, withdraw. ,ut lawyer shall not &olunteer the information about the client0s commission of fraud to anyone % counter to duty to maintain client0s confidence and secrets.

CA#O# 42 A la$yer shall charge only fair an) reasona(le fees" 'le 42"20 A la$yer shall (e g'i)e) (y the follo$ing factors in )etermining his fees:
1. a" 2. (" !. c" ". )" #. e" The time spent an) the e+tent of the ser*ices ren)ere) or re,'ire)" The no*elty an) )iffic'lty of the ,'estions in*ol*e)D The importance of the s'(8ect matterD The s7ill )eman)e)D The pro(a(ility of losing other employment as a res'lt of acceptance of the proffere) caseD

@. f" The c'stomary charges for similar ser*ices an) the sche)'le of fees of the IBP chapter to $hich he (elongsD A. g" The amo'nt in*ol*e) in the contro*ersy an) the (enefits res'lting to the client from the ser*icesD 7. h" B. i" 1C. 8"

The contingency or certainty of compensationD The character of the employment3 $hether occasional or esta(lishe)D an) The professional stan)ing of the la$yer"

Iin)s of Payment $hich may (e stip'late) 'pon:

1. a fi)ed or absolute fee which is payable regardless of the result of the case 2. a contingent fee that is conditioned to the securing of a fa&orable judgment and reco&ery of money or property and the amount of which may be on a percentage basis !. a fi)ed fee payable per appearance ". a fi)ed fee computed by the number of hours spent #. a fi)ed fee based on a piece of wor(

4ttorney0s 3ees

1. 4rdinary attorney(s fee ? the reasonable compensation paid to a lawyer by his client for the legal ser&ices he has rendered to the latter. $he basis for this compensation is the fact of his employment by and his agreement with the client. 2. @Atraordinary attorney(s fee % an indemnity for damages ordered by the court to be paid by the losing party in litigation. $he basis for this is any of the cases pro&ided for by law where such award can be made, such as those authori=ed in 4rticle 22C7 of the Ci&il Code, and is payable 8;$ to the lawyer but to the client, unless they ha&e agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.

Ho$ attorney/s fees may (e claime) (y the la$yer:

1. -t may be asserted either in the &ery action in which the ser&ices of a lawyer had been rendered or in a separate action. 2. 4 petition for attorney0s fees may be filed before the judgment in fa&or of the client is satisfied or the proceeds thereof deli&ered to the client. !. $he determination as to the propriety of the fees or as to the amount thereof will ha&e to be held in abeyance until the main case from which the lawyer0s claim for attorney0s fees may arise has become final. ;therwise, the determination of the courts will be premature.

Iin)s of

etainer Agreements on Attorney/s fees:

1. <eneral Retainer or Retainin2 'ee % it is the fee paid to a lawyer to secure his future ser&ices as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action> 2. Spe$ial Retainer > that is a fee for a specific case or ser&ice rendered by the lawyer for a client

Duantu/ Meruit 7 it means .as much as he deser&es/3 and is used as the basis for determining the lawyer0s professional fees in the absence of a contract, but reco&erable by him from his client. Duantu/ Meruit is resorted to where6

1. there is no e)press contract for payment of attorney0s fees agreed upon between the lawyer and the client> 2. when although there is a formal contract for attorney0s fees, the stipulated fees are found unconscionable or unreasonable by the court. !. Fhen the contract for attorney0s fees is &oid due to purely formal matters or defects of e)ecution ". Fhen the counsel, for justifiable cause, was not able to finish the case to its conclusion #. Fhen lawyer and client disregard the contract for attorney0s fees.

S(ill6 length of practice is not a safe criterion of professional ability.

'le 42"24 A la$yer shall3 in cases of referral3 $ith the consent of the client3 (e entitle) to a )i*ision of fees in proportion to the $or7 performe) an) responsi(ility ass'me)" 'le 42"25 A la$yer shall not3 $itho't the f'll 7no$le)ge an) consent of the client3 accept any fee3 re$ar)3 costs3 commission3 interest3 re(ate or for$ar)ing allo$ance or other compensation $hatsoe*er relate) to his professional employment from anyone other than the client" 'le 42"26 A la$yer shall a*oi) contro*ersies $ith clients concerning his compensation an) shall resort to 8')icial action only to pre*ent imposition3 in8'stice or fra')"

9nauthori=ed counsel6 8ot entitled to attorney0s fees. Stipulation regarding payments of attorney0s fees is not illegalGimmoral and is enforceable as the law between the parties pro&ided such stipulation does not contra&ene law, good morals, etc. Fhen counsel cannot reco&er full amount despite written contract for attorneys0 fees6

1. Fhen he withdraws before the case is finished 2. justified dismissal of attorney *payment6 in Euantu/ /eruit only2

$he reason for the award of attorney0s fees must be stated in the te)t of the decision> otherwise, if it is stated only in the dispositi&e portion of the decision, the same must be disallowed on appeal. E&en though the interest or property in&ol&ed is of considerable &alue, if the legal ser&ices rendered do not call for much efforts there is no justification for the award of high fees. Cha/pertous Contra$ts (void) % 1awyer stipulates with his client that in the prosecution of the case, he will bear all the e)penses for the reco&ery of things or property being claimed by the client and the latter agrees to pay the former a portion of the thingGproperty reco&ered as compensation. Compensation to an attorney for merely recommending another lawyer is improper *agents2 4ttorney0s fees for legal ser&ices shared or di&ided to non?lawyer is prohibited. for di&ision of ser&ice or responsibility. i&ision of fees is only

4 lawyer should try to settle amicably any differences on the subject. 4 lawyer has 2 options. Dudicial action to reco&er attorney0s fees6

1. -n same case6 Enforce attorney0s fees by filing an appropriate motion or petition as an incident to the main action where he rendered legal ser&ices. 2. -n a separate ci&il action.

CA#O# 40 A la$yer shall preser*e the confi)ences an) secrets of his client e*en after the attorney%client relation is terminate)"

Confiden$e > refers to information protected by the attorney?client pri&ilege *RRC2 Se$ret > refers to other information gained in the professional relationship that the client has regulated to be held in&iolate or the disclosure of which would be embarrassing or would li(ely be detrimental to the client. 4n attorney cannot, without the consent of his client, be e)amined as to any communication made by the client to him, or his ad&ice gi&en thereon in the course of professional employment> nor can an attorney0s secretary, stenographer, or cler( be e)amined, without the consent of the client and his employees, concerning any fact the (nowledge of which has been ac'uired in such capacity *Rule 1!C, Sec. 21 *b2, RRC2 $he mere establishment of a client?lawyer relationship does not raise a presumption of confidentiality. $here must be an intent or that the communication relayed by the client to the lawyer be treated as confidential.

'le 40"20 A la$yer shall not re*eal the confi)ences or secrets of his client e+cept:
1. a" :hen a'thori.e) (y the client after ac,'ainting him of the conse,'ences of the )isclos're: 2. (" :hen re,'ire) (y la$D !. c" :hen necessary to collect his fees or to )efen) himself3 his employees or associates or (y 8')icial action"

Fhen properly authori=ed after ha&ing been fully informed of the conse'uences to re&eal his confidencesGsecrets, then there is a &alid wai&er. 4rt. 2CB. &etrayal of )rust by an Attorney or Soli$itor. Revelation of se$rets. -n addition to the proper administrati&e action, the penalty of prision $orre$$ional in its minimum period, or a fine ranging from P2CC to P1CCC, or both, shall be imposed upon any attorney at law or solicitor who, by any malicious brea( of professional duty as ine)cusable negligence or ignorance, shall prejudice his client, or re&eal any of the secrets of the latter learned by him in his professional capacity.

$he same penalty shall be imposed upon an attorney at law or solicitor who, ha&ing underta(en the defense of a client, or ha&ing recei&ed confidential information from said client in a case, shall underta(e the defense of the opposing party in the same case, without the consent of his first client *Rule 2CB, RPC2

Eeneral Rule6 ;bligation to (eep secrets co&ers only lawful purposes E)ceptions6

1. announcements of intention of a client to commit a crime 2. client jumped bail and lawyer (nows his whereabouts> or client is li&ing somewhere under an assumed name !. communication in&ol&es the commission of future fraud or crime but crimesGfrauds .already committed/ falls within the pri&ilege.

'le 40"24 A la$yer shall not3 to the )isa)*antage of his client3 'se information ac,'ire) in the co'rse of employment3 nor shall he 'se the same to his o$n a)*antage or that of a thir) person3 'nless the client $ith f'll 7no$le)ge of the circ'mstances consents thereto" 'le 40"25 A la$yer shall not3 $itho't the $ritten consent of his client3 gi*e information from his files to an o'tsi)e agency see7ing s'ch information for a')iting3 statistical3 (oo77eeping3 acco'nting3 )ata processing3 or any other similar p'rposes" 'le 40"26 A la$yer may )isclose the affairs of a client of the firm to partners or associates thereof 'nless prohi(ite) (y the client" 'le 40"2; A la$yer shall a)opt s'ch meas'res as may (e re,'ire) to pre*ent those $hose ser*ices are 'tili.e) (y him3 from )isclosing or 'sing confi)ences or secrets of the client" 'le 40"2< A la$yer shall a*oi) in)iscreet con*ersation a(o't a client/s affairs e*en $ith mem(ers of his family" 'le 40"2@ A la$yer shall not re*eal that he has (een cons'lte) a(o't a partic'lar case e+cept to a*oi) possi(le conflict of interest"

4&oid committing calculated indiscretion % accidental re&elation of secrets obtained in his professional employment. Prohibition applies, e&en if the prospecti&e client did not thereafter actually engage the lawyer.

CA#O# 44 A la$yer shall $ith)ra$ his ser*ices only for goo) ca'se an) 'pon notice appropriate in the circ'mstances" 'le 44"20 A la$yer may $ith)ra$ his ser*ices in any of the follo$ing cases:
1. a" :hen the client p'rs'es an illegal or immoral co'rse of con)'ct in connection $ith the matter he is han)lingD 2. (" :hen the client insists that the la$yer p'rs'e con)'ct *iolati*e of these canons an) r'lesD !. c" :hen his ina(ility to $or7 $ith co%co'nsel $ill not promote the (est interest of the clientD

". )" :hen the mental or physical con)ition of the la$yer ren)ers it )iffic'lt for him to carry o't the employment effecti*elyD #. e" :hen the client )eli(erately fails to pay the fees for the ser*ices or fails to comply $ith the retainer agreementD @. f" A. g" :hen the la$yer is electe) or appointe) to a p'(lic office3 an) Other similar cases

'le 44"24 A la$yer $ho $ith)ra$s or is )ischarge) shall s'(8ect to a retaining lien3 imme)iately t'rn o*er all papers an) property to $hich the client is entitle)3 an) shall cooperate $ith his s'ccessor in the or)erly transfer of the matter3 incl')ing all information necessary for the proper han)ling of the matter"

etaining Lien
0" #at're

Charging Lien

Passi&e 1ien6 -t cannot be acti&ely 4cti&e 1ien6 -t can be enforced by enforced. -t is a general lien e)ecution. -t is a special lien. 1awful possession of papers, documents, property belonging to client. Co&ers only papers, documents and property in the lawful possession of the attorney by reason of his professional employment 4s soon as the attorney gets possession of the papers documents or property Securing of a fa&orable money judgment for the client.

4" Basis

5" Co*erage

Co&ers all judgments for the payment of money and e)ecutions issued in pursuance of such judgments.

6" :hen Lien ta7es effect

4s soon as the claim for attorney0s fees had been entered into the records of the case

;" #otice

Client need not be notified to ma(e Client and ad&erse party must be it effecti&e notified to ma(e it effecti&e

<" Applica(ility :ay be e)ercised before judgment Eenerally, it is e)ercisable only when or e)ecution or regardless thereof. the attorney had already secured a fa&orable judgment for his client

-n withdrawal as counsel for a client, an attorney may only retire from a case either by written consent of his client or by permission of the court after due notice and hearing, in which e&ent the attorney should see to it that the name of the new attorney is recorded in the case. 4n attorney who could not get the written consent of his client must ma(e an application to the court, for the relation does not terminate formally until there is a withdrawal of record. Counsel has no right to presume that the court would grand his withdrawal and therefore must still appear on the date of hearing. Re'uirements for the Substitution of Counsel in a Case6

1. written application 2. written consent of client !. written consent of attorney to be substituted ". if the consent of the attorney to be substituted cannot be obtained, there must be at least a proof of notice that the motion for substitution has been ser&ed upon him, in the manner prescribed by the rules.

4 lawyer cannot reco&er compensation from one who did not employ or authori=e his employment, howe&er &aluable the results of his ser&ices may ha&e been to such person. -n similar cases, no compensation when6

1. client conducts himself in a manner which tends to degrade his attorney> 2. client refuses to e)tend cooperation> !. client stops ha&ing contact with him.

$he right of a client to terminate a lawyer is absolute. Such termination may be with or without cause.

eference: Legal Ethics Ateneo

e*ie$er

1egal Ethics Chapter -5 ? $he 1awyer and the Client

Legal Ethics Chapter III The La$yer an) the Co'rts


Chapter III The La$yer an) the Co'rts CA#O# 02 A La$yer o$es can)or3 fairness an) goo) faith to the co'rt" 'le 02"20 A la$yer shall not )o any falsehoo)3 nor consent to the )oing of any in co'rtD nor shall he mislea) or allo$ the co'rt to (e mislea) (y any artifice" 'le 02"24 A la$yer shall not 7no$ingly mis,'ote or misrepresent the contents of the paper3 the lang'age or the arg'ment of opposing co'nsel3 or the te+t of a )ecision of a'thority3 or 7no$ingly cite as la$ a pro*ision alrea)y ren)ere) inoperati*e (y repeal or amen)ment3 or assert as a fact that $hich has not (een appro*e)" 'le 02"25 A la$yer shall o(ser*e the r'les of proce)'re an) shall not mis'se them to )efeat the en)s of 8'stice"

Dudge?lawyer relationship6 based on independence and self?respect. 1awyer0s duty to the court6

1. respect and loyalty 2. fairness, truth and candor !. no attempt to influence courts

Cases of falsehood6

1. stating in the eed of Sale that property is free from all liens and encumbrances when not so 2. encashing chec( payable to a deceased cousin by signing the latter0s name on the chec( !. falsifying a power of attorney and using it in collecting the money due to the principal ". alleging in one pleading that the clients were mere lessees and in another pleading that the same clients were owners #. presenting falsified documents in court which he (nows to be false @. filing false charges on groundless suits A. using in pleadings the -,P number of another lawyer 7. unsolicited appearances B. use of fictitious residence certificate 1C. mis'uotationGmisrepresentation 11. citing a repealed or amended pro&ision 12. asserting a fact not pro&ed 1!. &erbatim reproductions down to the last word and punctuation mar( 1". slight typo mista(e6 not sufficient to place him in contempt

CA#O# 00 A la$yer shall o(ser*e an) maintain the respect )'e to the co'rts an) to 8')icial officers an) sho'l) insist on similar con)'ct (y others" 'le 00"20 A la$yer shall appear in co'rt properly attire)"

4 lawyer may 8;$ wear outlandish or colorful clothing to court. 4s an officer of the court and in order to maintain the dignity and respectability of the legal profession, a lawyer who appears in court must be properly attired. Conse'uently, the court can hold a lawyer -8

C;8$E:P$ of court if he does not appear in proper attire. 4ny de&iation from the commonly accepted norm of dressing in court *barong or tie, not both2 is enough to warrant a citing for contempt.

'le 00"24 A la$yer shall p'nct'ally appear at co'rt hearings" 'le 00"25 A la$yer shall a(stain from scan)alo's3 offensi*e3 or menacing lang'age or (eha*ior (efore the co'rts" 'le 00"26 A la$yer shall not attri('te to a 8')ge moti*es not s'pporte) (y the recor) or ha*ing no materiality to the case" 'le 00"2; A la$yer shall s'(mit grie*ances against a 8')ge to the proper a'thorities alrea)y"

4 lawyer is an officer of the court. +e occupies a 'uasi?judicial office with a tripartite obligation to the courts, to the public and to his clients. $he public duties of the attorney ta(e precedence o&er his pri&ate duties. +is first duty is to the courts. Fhere duties to the courts conflict with his duties to his clients, the latter must yield to the former. 1awyers must be respectful not only in actions but also in the use of language whether in oral arguments or in pleadings. :ust e)ert efforts that others *including clients, witnesses2 shall deal with the courts and judicial officers with respect. ;bedience to court orders and processes. Criticisms of courts must not spill the walls of decency. $here is a wide difference between fair criticism and abuse and slander of courts and judges. -ntemperate and unfair criticism is a gross &iolation of the duty to respect the courts. -t amounts to misconduct which subjects the lawyer to disciplinary action. 4 mere disclaimer of any intentional disrespect by appellant is not a ground for e)oneration. +is intent must be determined by a fair interpretation of the languages employed by him. +e cannot escape responsibility by claiming that his words did not mean what any reader must ha&e understood them to mean. 1awyer can demand that the misbeha&ior of a judge be put on record. 1awyers must be courageous enough to e)pose arbitrariness and injustice of courts and judges. 4 lawyer may submit grie&ances against judges in the Supreme Court, ;mbudsman, or Congress *for impeachment of SC judges only2.

CA#O# 04 A la$yer shall e+ert e*ery effort an) consi)er it his )'ty to assist in the spee)y an) efficient a)ministration of 8'stice" 'le 04"20 A la$yer shall not appear for trial 'nless he has a)e,'ately prepare) himself $ith the la$ an) the facts of his case3 the e*i)ence he $ill a))'ce an) the or)er of its preference" He sho'l) also (e rea)y $ith the original )oc'ments for comparison $ith the copies"

8ewly hired counsel6 must ac'uaint himself with all the antecedent proceedings and processes that ha&e transpired in the record prior to his ta(eo&er. -f presenting documentary e)hibits, he must be ready with the originals for the purpose of comparison with copies thereof.

'le 04"24 A la$yer shall not file m'ltiple actions arising from the same ca'se"

'oru/ shoppin2 > omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction. 3orum shopping e)ists when as a result of an ad&erse opinion in one forum6

1. a party see(s fa&orable opinion *other than by appeal or certiorari2 in another> or 2. when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other would ma(e a fa&orable disposition (&en2uet @le$tri$ Corp. vs. 'lores, 2. SCRA 33!, Mar$h 12, 1!!.).

$he most important factor in determining the e)istence of forum?shopping is the 5EI4$-;8 caused the courts and party?litigants by a party who as(s different courts to rule on the same related causes, as(ing the same relief. 3orum shopping constitutes -REC$ C;8$E:P$ of court and may subject the offending lawyer to disciplinary action.

'le 04"25 A la$yer shall not3 after o(taining e+tensions of time to file plea)ings3 memoran)a or (riefs3 let the perio) lapse $itho't s'(mitting the same or offering an e+planation for his fail're to )o so"

4s(ing for e)tension of time must be in good faith.

'le 04"26 A la$yer shall not 'n)'ly )elay a case3 impe)e the e+ec'tion of a 8')gment or mis'se co'rt processes" 'le 04"2; A la$yer shall refrain from tal7ing to his $itness )'ring a (rea7 or recess in the trial3 $hile the $itness is still 'n)er e+amination" 'le 04"2< A la$yer shall not 7no$ingly assist a $itness to misrepresent himself or to impersonate another" 'le 04"2@ A la$yer shall not a('se3 (ro$(eat or harass a $itness nor nee)lessly incon*enience him" Ri2hts and obli2ations of a 1itness > a witness must answer 'uestions, although his answer may tend to establish a claim against him. +owe&er, it is the right of a witness6
1. to be protected from irrele&ant, improper, or insulting 'uestions and from harsh or insulting demeanor> 2. not to be detained longer than the interest of justice re'uires> !. not to be e)amined e)cept only as to matters pertinent to the issue> ". not to gi&e any answer which will tend to subject him to a penalty for an offense unless otherwise pro&ided by law, or #. nor to gi&e answer which will tend to degrade his reputation, unless it be to the &ery fact at issue or to a fact from which the fact in issue would be presumed. ,ut a witness must answer to the fact of his pre&ious final con&iction for an offense. *Rule 1+2, Se$. +, RRC)

'le 04"2A A la$yer shall a*oi) testifying in (ehalf of his client3 e+cept:
1. a" on formal matters3 s'ch as the mailing3 a'thentication or c'sto)y of an instr'ment an) the li7e: 2. (" on s'(stantial matters3 in cases $here his testimony is essential to the en)s of 8'stice3 in $hich e*ent he m'st3 )'ring his testimony3 entr'st the trial of the case to another co'nsel"

CA#O# 05 A la$yer shall rely 'pon the merits of his ca'se an) refrain from any impropriety $hich ten)s to infl'ence3 or gi*es the appearance of infl'encing the co'rt" 'le 05"20 A la$yer shall not e+ten) e+traor)inary attention or hospitality to3 nor see7 opport'nity for3 c'lti*ating familiarity $ith 8')ges" 'le 05"24 A la$yer shall not ma7e p'(lic statements in the me)ia regar)ing a pen)ing case ten)ing to aro'se p'(lic opinion for or against a party" 'le 05"25 A la$yer shall not (roo7 or in*ite interference (y another (ranch or agency of the go*ernment in the normal co'rse of 8')icial procee)ings"

$he judge has the corresponding duty not to con&ey or permit others to con&ey the impression that they are in a special position to influence the judge. iscussing cases with the judge pri&ately should be a&oided. $est when public statement is contemptuous6 $he character of the act done and its direct tendency to pre&ent and obstruct the discharge of official duty.

$o warrant a finding of .prejudicial publicity/, there must be an allegation and proof that the judges ha&e been unduly influenced, not simply that they might be, by the .barrage/ of publicity. 1awyer is e'ually guilty as the client if he induces the latter to cause the publicity.

eference: Legal Ethics Ateneo Posted in 1egal Ethics 1ea&e a Comment

e*ie$er

$ags6 1egal Ethics Chapter --- ? $he 1awyer and the Courts

Legal Ethics Chapter II La$yer an) Society


Dan !C Posted by :ag= Chapter II The La$yer an) the Legal Profession CA#O# @ A la$yer shall at all times 'phol) the integrity an) )ignity of the legal profession3 an) s'pport the acti*ities of the integrate) (ar" 'le @"20 A la$yer shall (e ans$era(le for 7no$ingly ma7ing false statements or s'ppressing a material fact3 in connection $ith his application for a)mission to the (ar" 'le @"24 A la$yer shall not s'pport application for a)mission to the (ar (y any person 7no$n to him or (e 'n,'alifie) in respect to character3 e)'cation3 or other rele*ant attri('te" 'le @"25 A la$yer shall not engage in con)'ct that a)*ersely reflects on his fitness to practice la$3 nor sho'l) he3 $hether in p'(lic or pri*ate life3 (eha*e in a scan)alo's manner to the )iscre)it of the legal profession"

9pright character> not mere absence of bad character. 4 lawyer must at all times conduct himself properly as not to put into 'uestion his fitness to practice law. 4&oid scandalous conduct> not only re'uired to refrain from adulterous relationships or the (eeping of mistress but must also beha&e himself as to a&oid scandali=ing the public by creating the belief that he is flouting those moral standards.

CA#O# A A la$yer shall con)'ct himself $ith co'rtesy3 fairness an) can)or to$ar)s his professional colleag'es3 an) shall a*oi) harassing tactics against opposing co'nsel" 'le A"20 A la$yer shall not3 in his professional )ealings3 'se lang'age $hich is a('si*e3 offensi*e or other$ise improper" 'le A"24 A la$yer shall not3 )irectly or in)irectly3 encroach 'pon the professional employment of another la$yerD ho$e*er3 it is the right of any la$yer $itho't fear or fa*or3 to gi*e proper a)*ice an) assistance to those see7ing relief against 'nfaithf'l or neglectf'l co'nsel"

-t is the duty of a lawyer to inform the SC or the -,P of such malpractice to the end that the malpractitioner be properly disciplined.

8ot to use in pleadings and in practice the following6 disrespectful, abusi&e and abrasi&e language, offensi&e personalities, unfounded accusations or intemperate words tending to obstruct, embarrass or influence the court in administering justice. Fant of intention6 not an e)cuse for the disrespectful language used. -t merely e)tenuates liability.

CA#O# B A la$yer shall not )irectly or in)irectly assist in the 'na'thori.e) practice of la$" 'le B"20 A la$yer shall not )elegate to any 'n,'alifie) person the performance of any tas7 $hich (y la$ may only (e performe) (y a mem(er of the (ar in goo) stan)ing" 'le B"24 A la$yer shall not )i*i)e or stip'late to )i*i)e a fee for legal ser*ices $ith persons not license) to practice la$3 e+cept:
1. a" :here there is a pre%e+isting agreement3 $ith a partner or associate that 3 'pon the latter/s )eath3 money shall (e pai) o*er a reasona(le perio) of time to his estate or to the persons specifie) in the agreementD or 2. (" :here a la$yer 'n)erta7es to complete 'nfinishe) legal ('siness of a )ecease) la$yerD or !. c" :here a la$yer or la$ firm incl')es non%la$yer employees in a retirement plan3 e*en if the plan is (ase) in $hole or in part of a profit sharing arrangements"

1awyer shall not negotiate with the opposite party who is represented by a counsel. 8either should lawyer attempt to inter&iew the opposite party and 'uestion him as to the facts of the case e&en if the ad&erse party is willing to do so. 1awyer should deal only with counsel, e&en if there0s a fair agreement. 1awyer may howe&er inter&iew any witness or prospecti&e witness for the opposing side. 1imitation6 a&oid influencing witness in recital and conduct. 4 lawyer must not ta(e as partner or associate one who6

1. is not a lawyer 2. is disbarred !. has been suspended from the practice of law ". foreign lawyer, unless licensed by the SC.

4 lawyer cannot delegate his authority without client0s consent e&en to a 'ualified person.

eference: Legal Ethics Ateneo Posted in 1egal Ethics 1ea&e a Comment

e*ie$er

$ags6 1egal Ethics Chapter -- ? 1awyer and Society

Legal Ethics Chapter I La$yer an) Society


Dan !C Posted by :ag= LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws.

Original Bases of Legal Ethics:


1. Canons of Professional Ethics 2. Supreme court ecisions !. Statistics ". Constitution #. $reatises and publications

Present Basis of the Philippine Legal System: Code of Professional Responsibility. BA !" BE#CH

BA % Refers to the whole body of attorneys and body of judges. BE#CH % denotes the whole body of counselors, collecti&ely the members of the legal profession. Practice of La$ any acti&ity, in or out of court which re'uires the application of law, legal procedure, (nowledge, training and e)perience. $o engage in the practice of law is to gi&e notice or render any (ind of ser&ice, which or de&ise or ser&ice re'uires the use in any degree of legal (nowledge or s(ill *Cayetano v. Monsod, 201 SCRA 210). Attorney%at%la$&Co'nsel%at%la$&Attorney&Co'nsel& A(oga)o&Boceros: that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are de&eloped by law as a conse'uence (Cui v. Cui, 120 Phil. 2!). Attorney in fact an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically re'uired of him by the power of attorney appointing him, such authority being necessarily implied. +e is not necessarily a lawyer. Co'nsel de Oficio a counsel, appointed or assigned by the court, from among members of the ,ar in good standing who, by reason of their e)perience and ability, may ade'uately defend the accused. "ote# -n localities where members of the ,ar are not a&ailable, the court may appoint any person, resident of the pro&ince and good repute for probity and ability, to defend the accused. Se$. , Rule 11%, Rules of Court. 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 *&ienvenu v. 'a$tor(s of )raders *nsuran$e Cp., ++ ,a.Ann.20!) Attorney of ecor) one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom ser&ice of papers may be made. *Reynolds v. Reynolds, Cal.2d-.0). Of Co'nsel to distinguish them from attorneys of record, associate attorneys are referred to as .of counsel/ *- A/. 0ur. 2%1). Lea) Co'nsel $he counsel on their side of a litigated action who is charged with the principal management and direction of a party0s case. Ho'se Co'nsel 1awyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association % an association of members of the legal profession.

A)*ocate $he general and popular name for a lawyer who pleads on behalf of someone else. Barrister *England2 % a person entitled to practice law as an ad&ocate or counsel in superior court. Proctor *England2 % 3ormerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado it means not mere possession of the academic degree of ,achelor of 1aws but membership in the ,ar after due admission thereto, 'ualifying one for the practice of law. A)mission to the Practice of La$ $he S'preme Co'rt has the power to control and regulate the practice of law. $hus, the Constitution, under 4rticle 5---, Sec. # *#2 pro&ides6 Se$. -. )he Supre/e Court shall have the follo1in2 po1ers# (-) Pro/ul2ate rules $on$ernin2 the prote$tion and enfor$e/ent of $onstitutional ri2hts, pleadin2, pra$ti$e and pro$edure in all $ourts, the ad/ission to the pra$ti$e of la1, the *nte2rated &ar, and le2al assistan$e to the under privile2ed. $he Supreme Court acts through a Bar E+amination Committee in the E)ercise of his judicial function to admit candidates to the legal profession. The Bar E+amination Committee:

Composed of *12 member of the Supreme Court who acts as Chairman and eight *72 members of the bar. $he 7 members act as e)aminers for the 7 bar subjects with one subject assigned to each. $he ,ar Confidant acts as a sort of liason officer between the court and the ,ar Chairman on the other hand, and the indi&idual members of the committee on the other. +e is at the same time a deputy cler( of court. 4dmission of e)aminees is always subject to the final appro&al of the court.

Practice of La$ $he practice of law is a pri&ilege granted only to those who possess the S$R-C$ -8$E11EC$941 48 :;R41 <941-3-C4$-;8S re'uired of lawyers who are instruments in the effecti&e and efficient administration of justice. **n Re# Ar2osino, 1!! ). e,'irements for a)mission to the Bar:
1. citi=en of the Philippines 2. at least 21 years old !. of good moral character ". Philippine resident #. Production before the supreme court satisfactory e&idence of6 1. good moral character 2. no charges against him, in&ol&ing moral turpitude, ha&e been filed or are pending in any court in the Philippines.

e,'irement of Goo) -oral Character: a continuing re'uirement> good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one0s good standing in that e)clusi&e and honored fraternity. * )apu$ar vs. )apu$ar, 1!!.) Aca)emic e,'irements for Can)i)ates:

1. a bachelor0s degree in arts and sciences *pre?law course2

2. a completed course in6 1. ci&il law 2. commercial law !. remedial law ". public international law #. pri&ate international law @. political law A. labor and social legislation 7. medial jurisprudence B. ta)ation 1C. legal ethics

#on%la$yers $ho may (e a'thori.e) to appear in co'rt:


1. Cases before the M)C6 Party to the litigation, in person ;R through an agent or friend or appointed by him for that purpose *Se$. +3, Rule 1+., RRC) 2. &efore any other $ourt6 Party to the litigation, in person **bid.) !. Cri/inal $ase before the M)C in a lo$ality 1here a duly li$ensed /e/ber of the &ar is not available6 the judge may appoint a non?lawyer who is6 1. resident of the pro&ince 2. of good repute for probity and ability to aid the accused in his defense (Rule 11%, Se$. , RRC). ". 1egal 4id Program % 4 senior la1 student, who is enrolled in a recogni=ed law school0s clinical education program appro&ed by the supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the 1egal Clinic of the law school. )he student shall be under the dire$t supervision and $ontrol of an *&P /e/ber duly a$$redited by the la1 s$hool. #. 9nder the 1abor code, non?lawyers may appear before the 81RC or any 1abor 4rbiter, if 1. they represent themsel&es, or if 2. they represent their organi=ation or members thereof (Art 222, P4 332, as a/ended). @. 9nder the Cadastral 4ct, a non?lawyer can represent a claimant before the Cadastral Court (A$t no. 22-!, Se$. !).

P'(lic Officials $ho cannot engage in the pri*ate practice of La$ in the Philippines:
1. Dudges and other officials as employees of the Supreme Court (Rule 13., Se$. +-, RRC). 2. ;fficials and employees of the ;SE (*bid.) !. Eo&ernment prosecutors (People v. 5illanueva, 13 SCRA 10!). ". President, 5ice?President, members of the cabinet, their deputies and assistants (Art. 5*** Se$. 1-, 1!. Constitution). #. :embers of the Constitutional Commission (Art *67A, Se$. 2, 1!. Constitution) @. ;mbudsman and his deputies (Art. *6, Se$. . (2nd par), 1!. Constitution) A. 4ll go&ernors, city and municipal mayors (R.A. "o. 1%0, Se$. !0). 7. $hose prohibited by special law

P'(lic Officials $ith estrictions in the Practice of La$:

1. 1. 8o Senator as member of the +ouse of Representati&e may personally appear as counsel before any court of justice as before the Electoral $ribunals, as 'uasi?judicial and other administration bodies (Art. 5*, Se$. 13, 1!. Constitution). 2. 9nder the 1ocal Eo&ernment Code (RA 1%0, Se$. !1)Sanggunian members may practice their professions pro&ided that if they are members of the ,ar, they shall not6 1. appear as counsel before any court in any ci&il case wherein a local go&ernment unit or any office, agency, or instrumentality of the go&ernment is the ad&erse party> 2. appear as counsel in any criminal case wherein an officer or employee of the national or local go&ernment is accused of an offense committed in relation to his office> !. collect any fee for their appearance in administrati&e proceedings in&ol&ing the local go&ernment unit of which he is an official> ". use property and personnel of the go&ernment e)cept when the Sanggunian member concerned is defending the interest of the go&ernment. !. 9nder RA !10, Se$. 1, as amended, a retired justice or judge recei&ing pension from the go&ernment, cannot act as counsel in any ci&il case in which the Eo&ernment, or any of its subdi&ision or agencies is the ad&erse party or in a criminal case wherein an officer or employee of the Eo&ernment is accused of an offense in relation to his office.

Attorney/s Oath: 8*, 999999999999999999, do sole/nly s1ear that * 1ill /aintain alle2ian$e to the Republi$ of the Philippines: * 1ill support its $onstitution and obey the la1s as 1ell as the le2al orders of the duly $onstituted authorities therein: * 1ill do no falsehood, nor $onsent to the doin2 of any in $ourt: * 1ill not 1illin2ly nor 1ittin2ly pro/ote or sue any 2roundless, false or unla1ful suit, or 2ive aid nor $onsent to the sa/e: * 1ill delay no /an for /oney or /ali$e, and 1ill $ondu$t /yself as a la1yer a$$ordin2 to the best of /y ;no1led2e and dis$retion, 1ith all 2ood fidelity as 1ell to the $ourt as to /y $lients: and * i/pose upon /yself this voluntary obli2ations 1ithout any /ental reservation or purpose of evasion. So help /e <od.= *3orm 27, RRC2 #at're of La$yer/s Oath

$he lawyer0s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and (ept in&iolable. *Sebastian vs. Calis, 1!!!) -t is 8;$ a mere ceremony or formality for practicing law. E&ery lawyer should at all times weigh his actions according to the sworn promises he made when ta(ing the lawyer0s oath. **n Re# Ar2osino, 1!! , *n Re# Arthur M. Cuevas, 1!!.).

Co)e of Professional

esponsi(ility Chapter 0: La$yer an) Society

CA#O# 0 % 4 lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes

1'ties of Attorneys:

1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines> 2. to obser&e and maintain the respect due to the courts of justice and judicial officers> !. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he belie&es to be honestly debatable under the laws> ". to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and ne&er see( to mislead the judge or any judicial officer by an artifice or false statement of fact or law>

#. to maintain in&iolate the confidence, and at e&ery peril to himself, to preser&e the secrets of his client, and to accept no compensation in connection with his client0s business e)cept from him or with his (nowledge and appro&al> @. to abstain from all offensi&e personality and to ad&ance no fact prejudicial to the honor or reputation of a party or witness, unless re'uired by the justice of the cause with which he is charged> A. not to encourage either the commencement or the continuance of an action or proceeding, or delay any man0s cause for any corrupt moti&e or interest> 7. ne&er to reject, for any consideration personal to himself, the cause of the defenseless or oppressed> B. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present e&ery defense that the law permits, to the end that no person may be depri&ed of life or liberty, but by due process of law.

'le 0"20 A la$yer shall not engage in 'nla$f'l3 )ishonest3 immoral or )eceitf'l con)'ct"

Con&iction for crimes in&ol&ing moral turpitude % a number of lawyers ha&e been suspended or disbarred for con&iction of crimes in&ol&ing moral turpitude such as6

1. estafa 2. bribery !. murder ". seduction #. abduction @. smuggling A. falsification of public documents

-orality as 'n)erstoo) in la$ % $his is a human standard based on natural moral law which is embodied in man0s conscience and which guides him to do good and a&oid e&il. -oral T'rpit')e: any thing that is done contrary to justice, honesty, modesty or good morals. Immoral Con)'ct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Ar$i2a vs. Mani1a2, 10% SCRA -!1). Grossly Immoral Con)'ct: ;ne that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree> it is a F-11391, 314ER48$ or S+4:E1ESS 4C$ which shows a :;R41 -8 -33ERE8CE to the opinion of respectable members of the community. *"ara2 vs. "ara2, 1!!.)

'le 0"24 % 4 lawyer shall not counsel or abet acti&ities aimed at defiance of the law or at lessening confidence in the legal system. 'le 0"25 A la$yer shall not3 for any corr'pt moti*e or interest3 enco'rage any s'it or procee)ing or )elay any man/s ca'se" 'le 0"26 A la$yer shall enco'rage his clients to a*oi)3 en) or settle the contro*ersy if it $ill a)mit of a fair settlement"

-f a lawyer finds that his client0s cause is defenseless, it is his burdenGduty to ad&ise the latter to ac'uiesce and submit, rather than tra&erse the incontro&ertible. -t is unprofessional for a lawyer to &olunteer ad&ice to bring a lawsuit, e)cept in rare cases where the blood, relationship or trust ma(es it his duty to do so. $emper client0s propensity to litigate. Should not be an instigator of contro&ersy but a mediator for concord and conciliator for compromise.

$he law &iolated need not be a penal law. .Moral )urpitude/ % e&erything which is done contrary to justice, honesty, modesty or good morals. Ei&e ad&ice tending to impress upon the client and his underta(ing e)act compliance with the strictest principles of moral law. 9ntil a statute shall ha&e been construed and interpreted by competent adjudication, he is free and is entitled to ad&ise as to its &alidity and as to what he conscientiously belie&es to be its just meaning and e)tent. 4 lawyer has the obligation not to encourage suits. $his is so as to pre&ent barratry and ambulance chasing. &arratry > offense of fre'uently e)citing and stirring up 'uarrels and suits, either at law or otherwise> 1awyer0s act of fomenting suits among indi&iduals and offering his legal ser&ices to one of them. A/bulan$e Chasin2 > 4ct of chasing &ictims of accidents for the purpose of tal(ing to the said &ictims *or relati&es2 and offering his legal ser&ices for the filing of a case against the person*s2 who caused the accident*s2.

CA#O# 4 A la$yer shall ma7e his legal ser*ices a*aila(le in an efficient an) con*enient manner compati(le $ith the in)epen)ence3 integrity an) effecti*eness of the profession"
'le 4"20 A la$yer shall not re8ect3 e+cept for *ali) reasons3 the ca'se of the )efenseless or oppresse)" 'le 4"24 In s'ch a case3 e*en if a la$yer )oes not accept a case3 he shall not ref'se to ren)er legal a)*ise to the person concerne) if only to the e+tent necessary to safeg'ar) latter/s rights" 'le 4"25 a la$yer shall not )o or permit to (e )one any act )esigne) primarily to solicit legal ('siness"

Primary characteristics which distinguish the legal profession from business>

1. duty of ser&ice, of which the emolument is a by product, and in which one may attain the highest eminence without ma(ing such money> 2. a relation as an Hofficer of court0 to the administration of justice in&ol&ing thorough sincerity, integrity and reliability> !. a relation to clients in the highest degree of fiduciary> ". a relation to colleagues at the bar characteri=ed by candor, fairness and unwillingness to resort to current business methods of ad&ertising and encroachment on their practice or dealing with their clients.

?efenseless % not in the position to defend themsel&es due to po&erty, wea(ness, ignorance or other similar reasons. 4ppressed % &ictims of acts of cruelty, unlawful e)action, domination or e)cessi&e use of authority.

'le on A)*ertisements

General 'le6 8o ad&ertisements allowed. $he most worthy and effecti&e ad&ertisement possible is the establishment of a well?merited reputation for professional capacity and fidelity to trust.

1awyers may not ad&ertise their ser&ices or e)pertise nor should not resort to indirect ad&ertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest in&ol&ed, the importance of the lawyer0s position, and all other self?laudation.

E+ceptions& Permissi(le a)*ertisements:

1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informati&e data, are allowed. 2. ;rdinary simple professional Card. -t 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 branch of law practiced. !. 4 simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the con&enience of the profession, is not objectionable. ". 4d&ertisements or simple announcement of the e)istence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence e)cept courtrooms and go&ernment buildings. #. 4d&ertisements or announcement in any legal publication, including boo(s, journals, and legal maga=ines.

'le 4"26 A la$yer shall not charge rates lo$er than those c'stomarily or prescri(e)3 'nless circ'mstances so $arrant"

4 lawyer cannot delay the appro&al of a compromise agreement entered into between parties, just because his attorney0s fees were not pro&ided for in the agreement. Rule6 4 lawyer cannot compromise the case without client0s consent *special authority2. E)ception6 1awyer has e)clusi&e management of the procedural aspect of the litigation *e.g. Submission for decision on the e&idence so far presented. ,ut in case where lawyer is confronted with an emergency and promptGurgent action is necessary to protect clients interest and there0s no opportunity for consultation, the lawyer may compromise. Rule6 Refrain from charging rates lower than the customary rates.

!ali) 9'stification6 relati&es, co?lawyers, too poor CA#O# 5 A la$yer in ma7ing 7no$n is legal ser*ices shall 'se only tr'e3 honest3 fair )ignifie) an) o(8ecti*e information or statement of facts" 'le 5"20 A la$yer shall not 'se or permit the 'se of any false3 fra')'lent3 mislea)ing3 )ecepti*e3 'n)ignifie)3 self%a')itory or 'nfair statement or claim regar)ing his ,'alifications or legal ser*ices"

5iolation of Rule !.C1 is unethical, whether done by him personally or through another with his permission.

'le 5"24 In the choice of a firm name3 no false3 mislea)ing3 or ass'me) name shall (e 'se)" The contin'e) 'se of the name of a )ecease) partner is permissi(le pro*i)e) that the firm in)icates in all its comm'nication that sai) partner is )ecease)" 'le 5"25 :here a partner accepts p'(lic office3 he shall $ith)ra$ from the firm an) his name shall (e )roppe) from the firm name 'nless the la$ allo$s him to practice la$ conc'rrently" 'le 5"26 A la$yer shall not pay or gi*e anything of *al'e to representati*es of the mass me)ia in anticipation of3 or in ret'rn for3 p'(licity to attract legal ('siness"

-t is unethical to use the name of a foreign firm. eath of a partner does not e)tinguish attorney?client relationship with the law firm. 8egligence of a member in the law firm is negligence of the firm.

CA#O# 6 A la$yer shall participate in the impro*ement of the legal system (y initiating or s'pporting efforts in la$ reform an) in the a)ministration of 8'stice"

E)amples6 Presenting position papers or resolutions for the introduction of pertinent bills in congress> Petitions with the Supreme Court for the amendment of the Rules of Court.

CA#O# ; A la$yer shall 7eep a(reast of legal )e*elopments3 participate in contin'ing legal e)'cation programs3 s'pport efforts to achie*e high stan)ar)s in la$ schools as $ell as in the

practical training of st')ents an) assist in )isseminating information regar)ing the la$ an) 8'rispr')ence"

O(8ecti*es of integration of the Bar


$o ele&ate the standards of the legal profession $o impro&e the administration of justice $o enable the ,ar to discharge its responsibility more effecti&ely.

The three%fol) o(ligation of a la$yer


3irst, he owes it to himself to continue impro&ing his (nowledge of the laws> Second, he owes it to his profession to ta(e an acti&e interest in the maintenance of high standards of legal education> $hird, he owes it to the lay public to ma(e the law a part of their social consciousness.

CA#O# < These canons shall apply to la$yers in go*ernment ser*ice in the )ischarge of their official tas7s"

Publi$ 4ffi$ials % include electi&e and appointi&e officials and employees, permanent or temporary, whether in the career or non?career ser&ice, including military and police personnel, whether or not they recei&e compensation, regardless of amount. (Se$. + (b), RA % 1+). $he law re'uires the obser&ance of the following norms of conduct by e&ery public official in the discharge and e)ecution of their official duties6

1. commitment to public interest 2. professionalism !. justness and sincerity ". political neutrality #. responsi&eness to the public @. nationalism and patriotism A. commitment to democracy 7. simple li&ing *Se$. 3, RA % 1+)

'le <"20 The primary )'ty of a la$yer engage) in p'(lic prosec'tion is not to con*ict ('t to see that 8'stice is )one" The s'ppression of facts or the concealment of $itnesses capa(le of esta(lishing the innocence of the acc'se) is highly reprehensi(le an) is ca'se of )isciplinary action" 'le <"24 A la$yer in the go*ernment ser*ice shall not 'se his p'(lic position to promote or a)*ance his pri*ate interest3 nor allo$ the latter to interfere $ith his p'(lic )'ties" 'le <"25 A la$yer shall not3 after lea*ing go*ernment ser*ice3 accept engagements or employment in connection $ith any matter in $hich he ha) inter*ene) $hile in sai) ser*ice"

5arious ways a go&ernment lawyer lea&es go&ernment ser&ice6

1. retirement 2. resignation !. e)piration of the term of office ". dismissal #. abandonment

=: :hat are the pertinent stat'tory pro*isions regar)ing this 'le>

46 Sec. ! *d2 R4 !C1B as amended and Sec. A *b2, R4 @A1! Sec !. Corrupt pra$ti$e of Publi$ 4ffi$ers. -n addition to acts or omission of public officers already penali=ed by e)isting law, the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful6 *d2 accepting or ha&ing any member of his family accept employment in a pri&ate enterprise which has pending official business with him during the pendency thereof or within one year after termination. Section A *b2 of R4 @A1! prohibits officials from doing any of the following acts6
1. own, control, manage or accept employment as officer, employee, consultant, counsel, bro(er, agent, trustee or nominee in any pri&ate enterprise regulated, super&ised or licensed by their office unless e)pressly allowed by law.

$hese prohibitions shall continue to apply for a period of one *12 year after resignation, retirement, or separation from public office, e)cept in the case of subparagraph *b2 *22 abo&e, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall li(ewise apply.

1awyers in the go&ernment ser&ice are prohibited to engage in the pri&ate practice of their profession unless authori=ed by the constitution or law, pro&ided that such practice will not conflict or tend to conflict with their official functions. :isconduct in office as a public official may be a ground for disciplinary action *if of such character as to affect his 'ualification as lawyer or to show moral delin'uency2. Should recommend the ac'uittal of the accused whose con&iction is on appeal, -3 he finds no legal basis to sustain the con&iction. -ncludes restriction is representing conflicting interest *e.g. 4ccepting engagements &s. former employer, P8,2 $he ;SE is not authori=ed to represent a public official at any state of a criminal case.

eference: Legal Ethics Ateneo

e*ie$er