Académique Documents
Professionnel Documents
Culture Documents
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3
I.
Supervision and Control........................3
II.
Practice of Law......................................3
III. Admission to Practice............................4
1. Citizenship .............................................5
2. Residence..............................................5
3. Age ........................................................5
4. Good Moral Character ...........................5
5. Legal Education.....................................5
6. Bar Examinations ..................................6
7. Lawyers Oath........................................7
IV. Qualifications for Practice .....................7
1. Law Students.........................................7
2. Agent .....................................................8
3. Self-representation ................................8
V. Prohibition from Practice .......................8
VI. Notarial Practice....................................9
Chapter
II.
Code
of
Professional
Responsibility.................................................11
I.
Legal Ethics.........................................11
II.
Lawyers Duties to Society ..................12
Canon 1 ...................................................12
Canon 2 ...................................................13
Canon 3 ...................................................16
Canon 4 ...................................................19
Canon 5 ...................................................19
Canon 6 ...................................................20
III. Lawyers Duties to the Legal Profession
22
Canon 7 ...................................................22
Canon 8 ...................................................23
Canon 9 ...................................................25
IV. Lawyers Duties to the Courts .............27
Canon 10 .................................................27
Canon 11 .................................................28
Canon 12 .................................................29
Canon 13 .................................................32
V. Lawyers Duties to the Client ..............33
Canon 14 .................................................33
Canon 15 .................................................34
Canon 16 .................................................36
Canon 17 .................................................38
Canon 18 .................................................39
Canon 19 .................................................40
Canon 20 .................................................41
Canon 21 .................................................43
Canon 22 .................................................48
Chapter III. Discipline of Lawyers.................50
I.
Liabilities of Lawyers ...........................50
II.
Power to Discipline Errant Lawyers ....50
A. Forms of Disciplinary Measures .....50
B. Suspension and Disbarment...........51
C. Procedure
for
Suspension
or
Disbarment of Attorneys by the IBP ........ 52
D. Procedure
for
Suspension
or
Disbarment of Attorneys (Rule 139-B) by
the Supreme Court Motu Propio ............. 52
E. Imposition of Penalties in the
Supreme Court ........................................ 52
III. Modifying Circumstances.................... 53
A. Mitigating Circumstances ............... 53
B. Aggravating Circumstances............ 53
C. Effect of Executive Pardon ............. 53
IV. Reinstatement..................................... 53
Chapter IV. Code of Judicial Conduct ........ 55
I.
Independence ..................................... 55
II.
Integrity ............................................... 57
III. Impartiality........................................... 57
IV. Propriety.............................................. 59
V. Equality ............................................... 61
VI. Competence and Diligence................. 61
Chapter V. Discipline of Judges .................. 63
I.
Liabilities of Judges............................. 63
II.
Discipline of Members of the Bench ... 63
Annexes .......................................................... 65
Indigent Clients ............................................ 65
A. A.M. No. 04-2-04-SC ...................... 65
B. RA 6033.......................................... 65
C. RA 6034.......................................... 66
D. RA 6035.......................................... 66
E. PD 543............................................ 67
F.
A.M. No. 08-11-7-SC (IRR) ............ 68
Special Law on Retired Justices and Judges
..................................................................... 73
Law on Obstruction of Justice ..................... 75
2004 Rules on Notarial Practice .................. 76
BAR MATTER NO. 850 ............................... 85
[October 02, 2001] ....................................... 85
BM No. 2012................................................ 91
Rule on Mandatory Legal Aid Service ......... 91
B.M. No. 1153.............................................. 94
Republic Act No. 9999 ................................. 95
Republic Act No. 6713 ................................. 97
Republic Act No. 3019 ................................. 97
A.M. No. 02-9-02-SC ................................... 99
A. M. No. 00-8-10-SC .................................. 99
B.M. No. 2012............................................ 100
Rule 138-A................................................. 104
Presidential Decree No. 1829.................... 104
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Giselle Mauhay
Lead Writer
Aggie Dorotan Dino Regalario
Raish Rojas Ray Velasco
Althea Ojaminal Macri Reyes
Kriska Chen Jopet Go
Alex Dela Cruz Cuayo Juico
Jian Boller Sam Sy
Ivan Palpagan Ranx Roxas
Gianna De Jesus Annie Almojuela
Gene Lopez Diana Dy
Venus Ambrona Dimitri Roleda
Charles Icasiano Rai Aliman
Mae Acha Sharey Lucman
Writers
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
I.
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
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LEGAL ETHICS
ADMISSION
TO
Citizenship
Residence
Age (above 21 yrs)
Good Moral Character and no charges
involving moral turputide
Legal Education (pre-law, law proper)
Bar Examinations
Lawyers Oath
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LEGAL ETHICS
1. Citizenship
Statutory Basis
1987 Constitution, Art. XII, Sec. 14. The practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases
prescribed by law.
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be a citizen of the Philippines
Rationale
Citizenship ensures allegiance to the republic
and its laws.
A Filipino citizen admitted to the Philippine Bar
must maintain such citizenship to remain
qualified for the practice of law in this country.
(In Re Arthur Castillo Reyes (1993))
2. Residence
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be be a resident of the Philippines
Rationale
Because his/her duties to his client and to the
court will require that he be readily accessible
and available
3. Age
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be at least twenty-one years of age
Rationale
Because maturity and discretion are required in
the practice of law
4. Good Moral Character
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be of good moral character and must
produce before the Supreme Court satisfactory
evidence of good moral character, and that no
charges against him, involving moral turpitude,
have been filed or are pending in any court in
the Philippines.
Good moral character is a continuing
qualification required of every member of the
Bar, it is not only a qualification precedent to the
practice of law. (Narag v. Narag, 291 SCRA 451,
June 29, 1998)
Definitions:
Absence of a proven conduct or act which has
been historically and traditionally considered as
a manifestation of moral turpitude. The act or
conduct need not amount to a crime; and even if
it does constitute an offense, a conviction upon a
criminal charge is not necessary to demonstrate
bad moral character although it may show moral
depravity. (Agpalo)
Qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and the
strictest observance of fiduciary responsibility.
(Frankfurter)
Good moral character includes at least common
honesty. Deception and other fraudulent acts are
not merely unacceptable practices that are
disgraceful and dishonorable, they reveal a
basic moral flaw. (Olbes v. Deciembre, 457
SCRA 341)
Question of moral turpitude is for SC to decide,
which is why applicants are required to disclose
any crime which they have been charged.
Concealment or withholding from the court
information about charges and indictments is a
ground for disqualification of applicant or for
revocation of license. (Agpalo)
SC may deny lawyers oath-taking based on a
conviction for reckless imprudence resulting in
homicide (hazing case). But after submission of
evidence and various certifications he may now
be regarded as complying with the requirements
of good moral characterhe is not inherently of
bad moral fiber. (In Re: Argosino, A.M. No. 712
July 13, 1995; B.M. No. 712 March 19, 1997)
5. Legal Education
Pre-Law
Statutory Basis
Rules of Court, Rule 138, Sec. 6. A bachelors
degree in arts or sciences with any of the
following subjects as major or field of
concentration: political science, logic, English,
Spanish, History and Economics.
A college degree must first be obtained before
studying law. Otherwise, one will not be qualified
to take the bar examinations. (In re Telesforo
Diao, 1963)
Law Proper
Statutory Basis
Rules of Court, Rule 138, Sec. 5 and 6. All
applicants for admissionshall, before being
admitted to the examination, satisfactorily show
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1st day
2nd day
3rd day
4th day
6. Bar Examinations
Civil Law
Labor and Social Legislation
Mercantile Law
Criminal Law
Political and International Law
Taxation
Remedial Law
Legal Ethics and Practical Exercises
15 %
10 %
15 %
10 %
15 %
10 %
20 %
5%
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LEGAL ETHICS
BAR
EXAM
AS
CIVIL
SERVICE
ELIGIBILITY The law makes passing the
bar examination equivalent to a first grade
civil service eligibility for ay position in the
classified service in the government the
duties of which require knowledge of law, or
a second grade civil service eligibility for any
other government position which does not
prescribe proficiency in law as a
qualification.
First grade civil service eligibility for any
position
Second grade civil service eligibility for
position
which
does
not
prescribe
proficiency in law
7. Lawyers Oath
Statutory Basis
Rules of Court, Sec. 17. An applicant who has
passed the required examination, or has been
otherwise found to be entitled to admission to
the bar, shall take and subscribe before the
Supreme Court an oath of office. Form 28 of the
Judicial Standard Forms prescribes the following
oath to be taken by the applicant:
I, _____, do solemnly swear that I will
maintain allegiance to the Republic of the
Philippines.
I will support and defend its Constitution and
obey the laws as well as the legal orders of
the duly constituted authorities therein;
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LEGAL ETHICS
3. Self-representation
Statutory Basis
Rules of Court, Rule 138, Sec. 34. A person may
represent himself before any court. He is bound
by the same rules in conducting the trial of his
case. He cannot, after judgment, claim that he
was not properly represented.
Rule 115, Sec 1 (c) provides that an accused
may waive his right to counsel but if he cannot
protect his rights without the assistance of a
counsel, the Court should advise him to secure a
counsel de parte or appoint a counsel de officio
to represent him.
Counsel de officio
A counsel, appointed or assigned by the court,
from among members of the Bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.
Counsel de parte
A counsel employed or retained by the party, or
the accused
RIGHT TO COUNSEL: Absolute and immutable.
However, his option to secure the services of
counsel de parte is not absolute. The trial court
may restrict his option to retain a counsel de
parte if a) the accused insists on an attorney he
cannot afford b) chosen counsel is not a lawyer
or c) the attorney declines to represent the
accused for a valid reason, in which case the
trial court can appoint his counsel de oficio to
represent him.
In a democratic and civilized country where the
rights of a person are determined in accordance
with established rules, the employment of a
person acquainted with those rules becomes a
necessity both to the litigants and to the Court. A
party litigant needs the assistance of counsel in
all proceedings, administrative, civil or criminal.
(Agpalo)
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LEGAL ETHICS
(RA
910,
Sec.
1,
as
AGAINST
UNAUTHORIZED
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LEGAL ETHICS
of
Professional
I.
LEGAL ETHICS
DUTIES OF A LAWYER
II. LAWYERS DUTIES TO SOCIETY
A. CANON 1: Promote And Respect The Law
And Legal Process
B. CANON 2: Provide Efficient And Convenient
Legal Services
C. CANNON 3: Information On Legal Services
That Is True, Honest, Fair And Dignified
D. CANON 4: Support For Legal Reforms And
Administration Of Justice
E. CANON 5: Participate In Legal Education
F. CANON 6: Government Lawyers
III. LAWYERS
DUTIES
TO
THE
LEGAL
PROFESSION
A. CANON 7: Uphold Dignity And Integrity In
The Profession
B. CANON 8: Courtesy, Fairness, Candor
Towards Professional Colleagues
C. CANON 9: Unauthorized Practice Of Law
IV. LAWYERS DUTIES TO THE COURTS
A. CANON 10: Observe Candor, Fairness And
Good Faith
B. CANON 11: Respect Courts And Judicial
Officers
C. CANON 12: Assist In Speedy And Efficient
Administration Of Justice
D. CANON 13: Refrain From Act Giving
Appearance Of Influence
V. LAWYERS DUTIES TO THE CLIENT
A. CANON 14: Service To The Needy
B. CANON 15: Observe Candor, Fairness,
Loyalty
C. CANON 16: Hold In Trust Clients Moneys
And Properties
D. CANON 17: Trust And Confidence
E. CANON 18: Competence And Diligence
F. CANON 19: Representation With Zeal
G. CANON 20: Attorneys Fees
H. CANON 21: Preserve Clients Confidence
I. CANON 22: Withdrawal Of Services For
Good Cause Valid Ground For Refusal
I.
Legal Ethics
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LEGAL ETHICS
Furnishing
or
inspiring
newspaper
comments concerning the manner of their
conduct, the magnitude of the interests
involved, the importance of lawyers
position, and all other like self-laudation
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LEGAL ETHICS
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the
by
law
the
6 hrs
4 hrs
5 hrs
9 hrs
4 hrs
2 hrs
6 hrs
Exemptions:
1. President, vice-president, cabinet members
2. Members of Congress
3. Chief Justice and incumbent and retired
members of the judiciary
4. Chief state counsel, prosecutor and
assistant secretaries of the Department of
Justice
5. Solicitor General and assistants
6. Government
Corporate
Counsel,
his
deputies and assistants
7. Chairman and members of Constitutional
Commissions
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to
the
Legal
Canon 7
in
to
or
to
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a union
union to
may be
rule and
Laborers
lawyer and a
divide equally
awarded in a
is illegal and
Assn. v. CIR.
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LEGAL ETHICS
courts.(Comments of IBP
drafted the Code, p. 53)
Committee
that
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LEGAL ETHICS
FORUM SHOPPING
1. Going from one court to another in the hope
of securing a favorable relief in one court,
which another court has denied
2. Filing repetitious suits or proceeding in
different courts concerning the same subject
matter after one court has decided the suit
with finality.
3. Filing a similar case in a judicial court after
receiving an unfavorable judgment from an
administrative tribunal.
Forum shopping is prohibited by Supreme Court
Circular No. 28-91, which is now integrated in
the Rules of Civil Procedure.
RULES OF COURT, RULE 7, SEC. 5:
The plaintiff or principal party shall certify under
oath in the complaining or other initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith that:
1. he has not theretofore commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial
agency and, to the best of his knowledge, no
such other action or claim is pending
therein; if there is such other pending action
or claim, a complete statement of the
present status thereof; and
2. if he should thereafter learn that the same or
similar action or claim has been filed or is
pending, he shall report that fact within five
days there from to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall cause for the dismissal of the
case without prejudice, unless otherwise
provided, upon motion after hearing.
The submission of a false certification or noncompliance with any of the undertakings in a
certification of no forum shopping 1) shall constitute indirect contempt of court
2) without prejudice to the corresponding
administrative and criminal actions
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping,
the same shall be:
1) ground for summary dismissal with
prejudice;
2) and shall constitute direct contempt;
3) cause for administrative sanctions
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LEGAL ETHICS
SUBORNATION OF PERJURY
Subornation of perjury is committed by a person
who knowingly and willfully procures another to
swear falsely and the witness subornated does
testify under circumstances rendering him guilty
of perjury. (US v. Ballena, 18 Phil. 382)
Rule 12.07 - A lawyer shall not abuse, browbeat
or
harass
a
witness
nor
needlessly
inconvenience him.
Related statutory basis: Rule 132, Sec. 3. Rights
and obligations of a witness. A witness must
answer questions, although his answer may tend
to establish a claim against him. However, it is
the right of a witness:
o To be protected from irrelevant, improper, or
insulting questions, and from harsh or
insulting demeanor;
o Not to be detained longer than the interests
of justice require;
o Not to be examined except only as to
matters pertinent to the issue;
o Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
o Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous conviction for an offense.
PD1829-Penalizing Obstruction of Justice
(h) threatening directly or indirectly another with
the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition,
whether lawful or unlawful, in order to
prevent a person from appearing in the
investigation of or in official proceedings in,
criminal cases;
(i) giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
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34
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o
o
35
LEGAL ETHICS
o
o
Attorney-client relationship
Property or interest is in litigation
36
LEGAL ETHICS
o
o
37
LEGAL ETHICS
Basis
Coverage
Effectivity
Notice
Applicability
RETAINING
Passive lien. It
cannot
be
actively
enforced. It is
a general lien.
Lawful
possession of
funds, papers,
documents,
property
belonging to
client
Covers
only
funds, papers,
documents,
and property
in the lawful
possession of
the attorney by
reason of his
professional
employment
As soon as the
lawyer
gets
possession of
the
funds,
papers,
documents,
property
Client
need
not be notified
to make it
effective
May
be
exercised
before
judgment
or
execution, or
regardless
thereof
CHARGING
Active lien. It
can
be
enforced
by
execution. It is
a special lien.
Securing of a
favorable
money
judgment for
client
Covers
all
judgments for
the payment of
money
and
executions
issued
in
pursuance of
such judgment
As soon as the
claim
for
attorneys fees
had
been
entered
into
the records of
the case
Client
and
adverse party
need
to
notified
to
make
it
effective
Generally, it is
exercisable
only when the
attorney had
already
secured
a
favorable
judgment for
his client
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of
o
o
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b)
c)
d)
CHAMPERTOUS CONTRACT
One where the lawyer stipulates with his client the
prosecution of the case that he will bear all the
expenses for the recovery of things or property
being claimed, and the latter pays only upon
successful litigation. Void for being against public
policy.
CONTINGENT CONTRACT
It is an agreement in which the lawyers fee, usually a
fixed percentage of what may be recovered in the
action, is made to depend upon the success in the
effort to enforce or defend the clients right. It is a
valid agreement. It is different from a champertous
contract in that the lawyer does not undertake to
shoulder the expenses of the litigation.
CONTINGENT
Contingent fee is payable
in cash.
Lawyers
do
not
undertake to pay all
expenses of litigation
Not prohibited
CHAMPERTOUS
Payable in kind only
Lawyers undertake to pay
all expenses of litigation
Void
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Held:
Canon 17 of the Code of Professional
Responsibility provides that a lawyer owes
fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed on
him. The rule is that an attorney is not permitted
to disclose communications made to him in his
professional character by a client, unless the
latter consents. This obligation to preserve the
confidences and secrets of a client arises at the
inception of their relationship. The protection
given to the client is perpetual and does not
cease with the termination of the litigation nor is
it affected by the partys ceasing to employ the
attorney and retaining another, or by any other
change of relation between them. It even
survives the death of the client.
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such
those
from
of the
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This
rule
clarifies
that
privilege
communication applies even to prospective
clients. The disclosure and the lawyer's
opinion thereon create an attorney-client
relationship, even though the lawyer does
not eventually accept the employment or the
prospective client did not thereafter actually
engage the lawyer. By the consultation, the
lawyer already learned of the secrets of
prospective client. It is not fair if he will not
be bound by the rule on privileged
communication in respect of matters
disclosed to him by a prospective client.
This rule, of course, is subject to exception
of representation of conflicting interests.
In relation to conflict of interest, the lawyer
should ascertain as soon as practicable
whether the matter would involve a conflict
of interest with his other client or with his
own.
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o
o
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I.
Liabilities of Lawyers
CIVIL LIABILITY
Client is prejudiced by lawyers negligence
and misconduct.
Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of
communication privilege
Liability for costs of suit (treble costs)
when lawyer is made liable for insisting on
clients patently unmeritorious case or
interposing appeal merely to delay litigation
CRIMINAL LIABILITY
Prejudicing client through malicious breach
of professional duty
Revealing client secrets
Representing adverse interests
Introducing false evidence
Misappropriating clients funds (estafa)
Libel except if statements are connected
with the relevant, pertinent, and material to
the cause in hand or the subject of the
inquiry
COSTS OF SUIT
GENERAL RULE: Losing client and not the
lawyer is liable for costs, since the lawyer is not
a party-litigant
EXCEPTION: When the lawyer insisted on
clients patently unmeritorious case the court
may adjudge lawyer to pay treble costs of suit
CONTEMPT OF COURT
It is exercised on preservative and not on vindictive
principles and on corrective rather than the retaliatory
idea of punishment. It is criminal in nature.
The power to punish for contempt is inherent in all
courts. It is essential in the observance of order in
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LEGAL ETHICS
o
o
o
o
Supreme Court
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VERIFIED COMPLAINT
TO THE IBP
Complaint must be:
In writing
Stating facts
complained of
POSSIBLE INVESTIGATORS:
Solicitor General
Any Officer of the SC
Any judge of a lower court
Shall notify the Respondent
REPORT
Submitted not later than 30 days from
termination of investigation. Contains:
1) Findings of facts
2) Recommendation
Disbar
Suspend
Dismiss
Fine
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o
o
o
o
o
o
o
o
o
o
B. Aggravating Circumstances
o
o
o
o
o
o
based solely
offense.
on
commission
of
such
IV. Reinstatement
It is the restoration in disbarment proceedings to
a disbarred lawyer the privilege to practice law.
Statutory basis: 1987 Constitution, Art. VIII, Sec.
5(5). The power of the Supreme Court to
reinstate is based on its constitutional
prerogative to promulgate rules on the
admission of applicants to the practice of law.
this is an exclusive authority
In order that there is reinstatement, the following
must be taken into consideration:
o the applicants character and standing prior
to disbarment;
o the nature or character of the misconduct for
which he is disbarred;
o his conduct subsequent to disbarment (Cui
v. Cui, 11 SCRA 755)
o including his efficient government service (In
Re: Adriatico, 17 Phil 324)
o the time that has elapsed between
disbarment and the application for
reinstatement and the circumstances that he
has been sufficiently punished and
disciplined (Prudential Bank v. Benjamin
Grecia, 192 SCRA 381)
o applicants appreciation of significance of his
dereliction and his assurance that he now
possesses the requisite probity and integrity;
o favorable endorsement of the IBP, pleas of
his loved ones (Yap Tan v. Sabandal, 170
SCRA 207)
The
court
may require
applicant
for
reinstatement to enroll in and pass the required
fourth year review classes in a recognized law
school. (Cui v. Cui, supra; In Re: Rusiana, 56
SCRA 240)
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NEW CODE OF
(Bangalore Draft)
I.
II.
III.
IV.
V.
VI.
Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
CANON 1: INDEPENDENCE
CANON 2: INTEGRITY
CANON 3: IMPARTIALITY
CANON 4: PROPRIETY
CANON 5: EQUALITY
CANON 6: COMPETENCE AND DILIGENCE
JUDICIAL ETHICS
Branch of moral science which treats of the right and
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies
brought to them for adjudication which conduct must
be
demonstrative
of
impartiality,
integrity,
competence, independence and freedom from
improprieties.
JUDGE
A public officer who, by virtue of his office, is clothed
with judicial authority, a public officer lawfully
appointed to decide litigated questions in accordance
with law.
DE JURE JUDGE
One who is exercising the office of judge as a matter
of right; an officer of a court who has been duly and
legally appointed, qualified and whose term has not
expired.
DE FACTO JUDGE
An officer who is not fully invested with all the powers
and duties conceded to judges, but is exercising the
office of a judge under some color of right.
Qualifications of SC members:
1. Natural born citizen
2. At least 40 years of age
3. Must have been for at least 15 years a judge
of a lower court or engaged in the practice of
law (Sec. 7 (1), Art. VIII, 1987 Constitution)
Qualifications of RTC judges:
1. Natural-born citizen
2. At least 35 years of age
3. For at least 10 years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
practice of law as an indispensable requisite
Qualifications of MTC judges:
1. Natural-born citizen of the Philippines;
2. At least 30 years of age;
3. For at least five years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
practice of law as an indispensable
requisite.
I.
JUDICIAL
CONDUCT
Independence
55
LEGAL ETHICS
56
LEGAL ETHICS
II. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT
ONLY TO THE PROPER DISCHARGE OF THE
JUDICIAL OFFICE BUT ALSO TO THE
PERSONAL DEMEANOR OF JUDGES.
MEMORY AID FOR SECTIONS UNDER CANON 2:
III. Impartiality
CANON 3 IMPARTIALITY IS ESSENTIAL TO
THE PROPER DISCHARGE OF THE JUDICIAL
OFFICE. IT APPLIES NOT ONLY TO THE
DECISION ITSELF BUT ALSO TO THE
PROCESS BY WHICH THE DECISION IS
MADE.
MEMORY AID FOR SECTIONS UNDER CANON 3:
Disqualifications (Sec. 5)
57
LEGAL ETHICS
o
o
58
LEGAL ETHICS
Role of
the
judicial
officer
DISQUALIFICATION
Specific and exclusive
INHIBITION
No
specific
grounds
BUT
there is a broad
basis for such,
i.e., good, sound
ethical grounds
The matter is left
to the sound
discretion of the
judge
IV. Propriety
CANON 4 PROPRIETY AND THE
APPEARANCE
OF
PROPRIETY
ARE
ESSENTIAL TO THE PERFORMANCE OF ALL
THE ACTIVITIES OF A. JUDGE.
MEMORY AID FOR SECTIONS UNDER CANON 4:
59
LEGAL ETHICS
60
LEGAL ETHICS
V. Equality
CANON 5 - ENSURING EQUALITY OF
TREATMENT TO ALL BEFORE THE COURTS
IS ESSENTIAL TO THE DUE PERFORMANCE
OF THE JUDICIAL OFFICE.
MEMORY AID FOR SECTIONS UNDER CANON 5
61
LEGAL ETHICS
62
LEGAL ETHICS
LIABILITIES OF JUDGES
DISCIPLINE OF MEMBERS OF THE BENCH
I.
Liabilities of Judges
Statutory Basis
1987 Constitution, Art. VIII, Section 11. The members
of the Supreme Court and judges of lower courts shall
hold office during a good behavior until they reach the
age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a
vote of majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon.
Misappropriation
of
fiduciary
funds
(proceeds of cash bail bond) by depositing
the check in his personal account, thus
converting the trust fund into his own use
(Barja v. Beracio, 74 SCRA 355).
SERIOUS MISCONDUCT
Exists when the judicial act complained of is corrupt or
inspired by an intention to violate the law or a
persistent disregard of well-known legal rules.
(Galangi v. Macli-ing, Adm. Matter No. 75-DJ, Jan. 17,
1978)
SERIOUS INEFFICIENCY
An example is negligence in the performance of duty,
if reckless in character (Lapena v. Collado, 76 SCRA
82)
63
LEGAL ETHICS
CONDUCT:
Administrative cases against lower court
judges and justices are automatically treated
as disbarment cases
Quantum of evidence
reasonable doubt.
required:
Beyond
64
LEGAL ETHICS
Annexes
INDIGENT CLIENTS
A. A.M. NO. 04-2-04-SC
B. RA 6033
C. RA 6034
D. RA 6035
E. PD 543
F. A.M. No. 08-11-7-SC (IRR):
SPECIAL LAW ON RETIRED JUSTICE AND
JUDGES
A. RA 910
LAW ON OBSTRUCTION OF JUSTICE
A. PD 1829
Indigent Clients
A. A.M. No. 04-2-04-SC
RE: PROPOSED REVISION OF RULE 141
REVISED RULES OF COURT
LEGAL FEES
RESOLUTION
Acting on the recommendation of the Chairman
of the Committee on Revision of the Rules of
Court submitting for this Courts consideration
and approval the Proposed Revision of Rule 141
of the Revised Rules of Court on Legal Fees, the
Court Resolved to APPROVE the same.
This Resolution shall take effect on August 16,
2004 following its publication in two (2)
newspapers of general circulation not later than
July 31, 2004.
July 20, 2004.
(Sgd.) Davide Jr. C.J., Puno, Panganiban,
Quisumbing
Ynares-Santiago,
SandovalGutierrez, Carpio, Austria-Martinez, CarpioMorales, Callejo, Sr., Azcuna, Tinga and ChinoNazario, JJ.
Carpio, J., on leave.
RULE 141
LEGAL FEES
SEC. 19. Indigent litigants exempt from
payment of legal fees. Indigent litigants (a)
whose gross income and that of their
immediate family do not exceed an amount
double the monthly minimum wage of an
employee and (b) who do not own real
property with A FAIR MARKET VALUE AS
STATED
IN
THE
CURRENT
TAX
DECLARATION of more than THREE hundred
ANNEXES
be
65
LEGAL ETHICS
ANNEXES
items until
government.
reimbursed
by
the
national
66
LEGAL ETHICS
ANNEXES
67
LEGAL ETHICS
ANNEXES
68
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
69
LEGAL ETHICS
ANNEXES
Chapter
Manila -
Year
2009 -
Month
03 -
Number
099
70
LEGAL ETHICS
(b)
(c)
(d)
(e)
(f)
ANNEXES
(g)
(h)
(i)
(j)
71
LEGAL ETHICS
ANNEXES
72
LEGAL ETHICS
ANNEXES
73
LEGAL ETHICS
ANNEXES
Municipal judges
P40.00
All others
100.00
74
LEGAL ETHICS
ANNEXES
(f)
(g)
(h)
(i)
Decree
75
LEGAL ETHICS
ANNEXES
76
LEGAL ETHICS
ANNEXES
RULE III
COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications. - may be issued by an
Executive Judge to any qualified person who
submits a petition in accordance with these
Rules.
To be eligible for commissioning as notary
public, the petitioner must be:
1. Filipino citizen;
2. over 21 years of age;
3. a resident in the Philippines for at least
one (1) year and maintains a regular place
of work or business in the city or province
where the commission is to be issued;
4. member of the Philippine Bar in good
standing with clearances from the Office of
the Bar Confidant of the Supreme Court and
the Integrated Bar of the Philippines; and
5. not have been convicted in the first
instance of any crime involving moral
turpitude.
Sec. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and
shall include the following:
a. statement containing the petitioner's
personal qualifications (date of birth,
residence, telephone number, professional
tax receipt, roll of attorney's number and IBP
membership number); ,
b. certification of good moral character of
the petitioner by at least two (2) executive
officers of the local chapter of the Integrated
Bar of the Philippines where he is applying
for commission;
c. proof of payment for the filing of the
petition as required by these Rules; and
d. three (3) passport-size color photographs
with light background taken within thirty (30)
days of the application. The photograph
should not be retouched. The petitioner shall
sign his name at the bottom part of the
photographs.
Sec. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee
as prescribed in the Rules of Court.
Sec. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary
hearing on the petition and shall grant the same
if:
a. petition is sufficient in form and
substance;
b. the petitioner proves the allegations
contained in the petition; and
77
LEGAL ETHICS
c.
ANNEXES
78
LEGAL ETHICS
ANNEXES
c.
Sec. 2. Prohibitions.
a. shall not perform a notarial act outside
his regular place of work or business;
EXCEPTION: a notarial act may be
performed at the request of the parties
in the following sites located within his
territorial jurisdiction:
1. public offices, convention halls, and
similar places where oaths of office may
be administered;
2. public function areas in hotels and
similar places for the signing of
instruments or documents requiring
notarization;
3. hospitals
and
other
medical
institutions where a party to an
instrument or document is confined for
treatment; and
4. any place where a party to an
instrument or document requiring
notarization is under detention.
b. shall not perform a notarial act if the person
involved as signatory to the instrument
or document 1. is not in the notary's presence
personally at the time of the
notarization; and
2. is not personally known to the notary
public or otherwise identified by the
notary
public
through
competent
evidence of identity as defined by these
Rules.
79
LEGAL ETHICS
ANNEXES
80
LEGAL ETHICS
ANNEXES
81
LEGAL ETHICS
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
Sec. 1. Official Signature. - a notary public shall:
a. sign by hand on the notarial certificate only
the name indicated and as appearing on the
notary's commission;
b. not sign using a facsimile stamp or
printing device; and
c. affix his official signature only at the time
the notarial act is performed.
Sec. 2. Official Seal.
a. Every person commissioned as notary
public shall
1. have a seal of office
to be procured at his own expense
shall not be possessed or owned by
any other person
2. shall be of
i. metal
ii. circular in shape
iii. two inches in diameter
iv. name of the city or province and the
word "Philippines" and his own
name on the margin and the roll of
attorney's number on the face
thereof, with the words "notary
public" across the center.
A mark, image or impression of such
seal shall be made directly on the paper or
parchment on which the writing appears.
b. official seal shall be affixed only at the
time the notarial act is performedshall
be clearly impressed by the notary public on
every page of the instrument or document
notarized.
c. When not in use, the official seal shall be
kept safe and secure and shall be
accessible only to the notary public or the
person duly authorized by him.
ANNEXES
82
LEGAL ETHICS
ANNEXES
RULE VIII
NOTARIAL CERTIFICATES
Sec. 1. Form of Notarial Certificate. - shall
conform to all the requisites prescribed herein,
the Rules of Court and all other provisions of
issuances by the Supreme Court and in
applicable laws.
Sec. 2. Contents of the Concluding Part of the
Notarial Certificate. - shall include the following:
a. name of the notary public as exactly
indicated in the commission;
b. serial number of the commission of the
notary public;
c. the words "Notary Public" and the
province or city where the notary public
is commissioned, the expiration date of
the commission, the office address of the
notary public; and
d. the roll of attorney's number, the
professional tax receipt number and the
place and date of issuance thereof, and
the IBP membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
Sec. 1. Certificate of Authority for a Notarial Act.
83
LEGAL ETHICS
ANNEXES
AND
84
LEGAL ETHICS
RULE XII
SPECIAL PROVISIONS
Sec. 1. Punishable Acts. - The Executive Judge
shall cause the prosecution of any person who:
a. knowingly
acts
or
otherwise
impersonates a notary public;
b. knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or
official records of a notary public; and
c. knowingly solicits, coerces, or in any
way influences a notary public to commit
official misconduct.
Sec. 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
Sec. 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
Sec. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall
be published in a newspaper of general
circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
85
MANDATORY
CONTINUING
EDUCATION (MCLE)
LEGAL
RESOLUTION
ADOPTING THE REVISED RULES ON THE
CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
Considering the Rules on the Mandatory
Continuing Legal Education (MCLE) for
members of the Integrated Bar of the Philippines
(IBP), recommended by the IBP, endorsed by
the Philippine Judicial Academy, and reviewed
and passed upon by the Supreme Court
Committee on Legal Education, the Court
hereby resolves to approve, as it hereby
approves, the following Revised Rules for proper
implementation:
RULE 1
PURPOSE
SECTION 1. Purpose of the MCLE. Continuing
legal education is required of members of the
Integrated Bar of the Philippines (IBP) to ensure
that throughout their career, they keep abreast
with law and jurisprudence, maintain the ethics
of the profession and enhance the standards of
the practice of law.
RULE 2
MANDATORY
EDUCATION
CONTINUING
LEGAL
SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of these
Rules by the Supreme Court En Banc, the
MCLE Committee shall be constituted and
shall commence the implementation of the
Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE.
Members of the IBP not exempt under Rule 7
shall complete every three (3) years at least
thirty-six (36) hours of continuing legal education
activities approved by the MCLE Committee. Of
the 36 hours:
(a) At least six (6) hours shall be devoted to
legal ethics equivalent to six (6) credit
units.
LEGAL ETHICS
ANNEXES
ANNEXES
CREDIT
UNITS
SUPPORTING
DOCUMENTS
1.
SEMINARS,
CONVENTIONS,
CONFERENCES,
SYMPOSIA,
IN-HOUSE
EDUCATION PROGRAMS, WORKSHOPS,
DIALOGUES, ROUND TABLE DISCUSSIONS
BY APPROVED PROVIDERS UNDER RULE 7
AND OTHER RELATED RULES
1.
PARTICIPANT/
ATTENDEE
1 CU PER
HOUR OF
ATTENDA
NCE
CERTIFICATE OF
ATTENDANCE
WITH NUMBER
OF HOURS
86
LEGAL ETHICS
RULE 5
CATEGORIES OF CREDIT UNITS
COMPLIA
NCE
PERIOD
1.3
PANELIST/REA
CTOR
COMMENTATO
R/
MODERATOR/
COORDINATO
R/
FACILITATOR
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
CERTIFICATION
FROM
SPONSORING
ORGANIZATION
PUBLISHED
BOOK
WITH
PROOF
AS
EDITOR
2.3 RESEARCH
PAPER
INNOVATIVE
PROGRAM/
CREATIVE
PROJECT
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
DULY
CERTIFIED/PUBL
ISHED
TECHNICAL
REPORT/PAPER
2.4
LEGAL
ARTICLE
OF
AT LEAST TEN
(10) PAGES
OF CU PUBLISHED
FOR THE ARTICLE
SUBJECT
PER
COMPLIA
NCE
PERIOD
FULL CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
2.5
LEGAL 1 CU PER PUBLISHED
NEWSLETTER/ ISSUE
NEWSLETTER/J
LAW JOURNAL
OURNAL
EDITOR
2.6
PROFESSORIA
L
CHAIR/
BAR REVIEW
LECTURE
LAW
TEACHING/
ANNEXES
CERTIFICATION
OF LAW DEAN
OR BAR REVIEW
DIRECTOR
SECTION 1. Computation of credit hours. Credit hours are computed based on actual time
spent in an education activity in hours to the
nearest one-quarter hour reported in decimals.
RULE 7
EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. The following members of the Bar are exempt
from the MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of
the Supreme Court, incumbent and retired
members of the judiciary, incumbent
members of the Judicial and Bar Council
and incumbent court lawyers covered by the
87
LEGAL ETHICS
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
ANNEXES
RULE 8
STANDARDS
FOR
APPROVAL
EDUCATION ACTIVITIES
OF
88
LEGAL ETHICS
by
the
appropriate
89
LEGAL ETHICS
(c) Be accompanied
approval fee.
ANNEXES
ANNEXES
90
LEGAL ETHICS
BM No. 2012
PROPOSED RULE ON MANDATORY LEGAL
AID SERVICE FOR PRACTICING LAWYERS
RESOLUTION
Acting on the Memorandum dated January 27,
2009 of Justice Renato C. Corona re: Comment
of the Integrated Bar of the Philippines on our
Suggested Revisions to the Proposed Rule of
Mandatory Legal Aid Service for Practicing
Lawyers, the Court Resolved to APPROVE the
same.
This Resolution shall take effect on July 1, 2009
following publication of the said Rule and its
implementing regulations in at least two (2)
newspapers of general circulation.
February 10, 2009.
ANNEXES
91
LEGAL ETHICS
(d)
(e)
(f)
(g)
(h)
(i)
SECTION 5. Requirements.
(a) Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods.
For this purpose, a practicing lawyer
shall coordinate with the Clerk of Court for
cases where he may render free legal aid
service. He may also coordinate with the
IBP Legal Aid Chairperson of the IBP
ANNEXES
92
LEGAL ETHICS
(e)
(f)
(g)
(h)
(i)
ANNEXES
SECTION 6. NCLA.
(a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
chapters for the proper handling and
accounting of legal aid cases which
practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the
Chapter of the Legal Aid Office with respect
to the coordination with Clerks of Court on
legal aid cases and the collation of
certificates submitted by practicing lawyers.
(c) The NCLA shall act as the national
repository of records in compliance with this
Rule.
(d) The NCLA shall prepare the following
forms: certificate to be issued by the Clerk
of Court and forms mentioned in Section
5(e) and (g).
(e) The NCLA shall hold in trust, manage and
utilize the contributions and penalties that
will be paid by lawyers pursuant to this Rule
to effectively carry out the provisions of this
Rule. For this purpose, it shall annually
submit an accounting to the IBP Board of
Governors. The accounting shall be
included by the IBP in its report to the
Supreme Court in connection with its
request for the release of the subsidy for its
legal aid program.
SECTION 7. Penalties.
(a) At the end of every calendar year, any
practicing lawyer who fails to meet the
minimum prescribed 60 hours of legal aid
service each year shall be required by the
IBP, through the NCLA, to explain why he
was unable to render the minimum
prescribed number of hours. If no
explanation has been given or if the NCLA
finds the explanation unsatisfactory, the
NCLA
shall
make
a
report
and
recommendation to the IBP Board of
Governors that the erring lawyer be declared
a member of the IBP who is not in good
standing. Upon approval of the NCLAs
recommendation, the IBP Board of
Governors shall declare the erring lawyer as
a member not in good standing. Notice
thereof shall be furnished the erring lawyer
and the IBP Chapter which submitted the
lawyers compliance report or the IBP
Chapter where the lawyer is registered, in
case he did not submit a compliance report.
The notice to the lawyer shall include a
directive to pay Four Thousand Pesos
(P4,000) penalty which shall accrue to the
special fund for the legal aid program of the
IBP.
93
LEGAL ETHICS
ANNEXES
94
LEGAL ETHICS
ANNEXES
95
LEGAL ETHICS
ANNEXES
96
LEGAL ETHICS
ANNEXES
97
LEGAL ETHICS
ANNEXES
(d)
(e)
(f)
(g)
(h)
(i)
98
LEGAL ETHICS
ANNEXES
A. M. No. 00-8-10-SC
September 4, 2001
RE: TRANSFER OF CASES FROM THE
SECURITIES AND EXCHANGE COMMISSION
TO THE REGIONAL TRIAL COURTS.
RESOLUTION
CLARIFICATION ON THE LEGAL FEES TO
BE COLLECTED AND THE APPLICABLE
PERIOD OF APPEAL IN CASES FORMERLY
COGNIZABLE BY THE SECURITIES AND
EXCHANGE COMMISSION
Clarification has been sought on the legal fees to
be collected and the period of appeal applicable
in cases formerly cognizable by the Securities
and Exchange Commission. It appears that the
Interim Rules of Procedure on Corporate
Rehabilitation and the Interim Rules of
Procedure for Intra-Corporate Controversies do
not provide the basis for the assessment of filing
fees and the period of appeal in cases
99
LEGAL ETHICS
ANNEXES
100
LEGAL ETHICS
ANNEXES
101
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
(f)
(g)
(h)
(i)
SECTION 6. NCLA. (a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
102
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
103
LEGAL ETHICS
Rule 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. A
law student who has successfully completed his
3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school's clinical legal education program
approved by the Supreme Court, may appear
without compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school.
Section 2. Appearance. The appearance of
the law student authorized by this rule, shall be
under the direct supervision and control of a
member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal
clinic.
ANNEXES
104
LEGAL ETHICS
(c)
(d)
(e)
(f)
(g)
(h)
ANNEXES
105
LEGAL ETHICS