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PROBLEM AREAS IN

LEGAL ETHICS
Judge Modesto D. Bahul, Jr., LLM
Presiding Judge, MCTC Lamut-Kiangan-Tinoc-Asipulo,
Ifugao
Acting Presiding Judge, MCTC Tuba-Sablan, Benguet
University Instructor, University of Baguio – School of
Law
PALE Course Coverage
➢ Review of Legal Profession, Legal and Judicial Ethics with
emphasis on “problem areas”
I. Legal Profession
❑ Practice of law: definition, nature, requirements
❑ Rule 138, Rules of Court (Attorneys and admission to the bar)
❑ RA 7662 (Legal Education Act)
❑ Rule 138-A (Law Student Practice)
❑ Rule 139-A (Integrated Bar of the Philippines)
II. Legal Ethics
❑ The Lawyer’s Oath
❑ Code of Professional Responsibility (CPR)
❑ MCLE and Notarial Law
❑ Civil, Criminal, and Administrative Liabilities of Lawyers – Art.
209, 210, 211, and 172 of the Revised Penal Code; contempt
of court (Rule 71)
❑ Rules 139 and 139-B (Disbarment and Suspension) and Bar
Matter No. 1645 (Oct. 13, 2015); other forms of disciplinary
measure (warning, admonition, reprimand, suspension,
censure); reinstatement
Course Coverage
III. Judicial Ethics
❑ New Code of Judicial Conduct (A.M. No.
03-05-01-SC, took effect June 1, 2004)
❑ 1989 Code of Judicial Conduct
❑ Canons of Judicial Ethics (DOJ A.O. No. 162
dated August 1, 1946)
❑ Rule 140 ( Discipline of Judges)
IV. Cases on: gross immorality, gross misconduct,
moral turpitude, misappropriation of client funds,
violation of notarial law, violation of MCLE
requirement, contempt, disrespect, abusive
language, conflict of interest, deceitful conduct,
withdrawal as counsel, lawyer-client privilege,
advertising, reasonable fees, attorney’s liens,
V. Survey of 2017 cases in legal and judicial ethics
Problem Areas in Legal Ethics
LEGAL ETHICS is less than 5% of the bar
exams, but a major factor in your future
success as a LAWYER, hence, a major area in
MCLE!
***
30 Things to “MEMORIZE” in PALE:
➢ Definition and nature of the practice of law
➢ The Lawyer’s Oath and its significance
➢ 22 Canons of the CPR
➢ 6 Canons of New CJC
Review of Legal Profession
LEGAL PROFESSION – a branch of the administration of
justice whose main purpose is to aid in the doing of
justice according to law between state and the
individual and between a man and a man.
Implications:
- Life, liberty and property entrustment
- Dependence of other professions
- Prestige of being a lawyer
- 2nd level Civil Service eligibility (R.A. No. 1080)
- Advancement of career
Misconceptions:
- “Big mouthed crocodiles” waiting for prey
- “Judas” willing to sell his master for silver coins
- Too many lawyers, a blank wall for progress (Only
10%-15% of more than 50,000 lawyers in the
country are engaged in private practice)
Review of Legal Profession
Nature of an Attorney
Attorney – sometimes called an advocate or
counsel, is one who aids in the administration
of justice.
- Generally understood as having reference to a
class of persons who are by license
constituted officers of the courts;
- One whom peculiar duties, responsibilities and
liabilities are devolved by law in consequence;
- A person set apart by the laws of the land
relating to the high interest of property,
liberty and life;
- An inherent element in our judicial system.
Review of Legal Profession
Four-Fold Duties of a Lawyer:
a. To the court
b. To the Bar
c. To the client
d. To the public
Profession – refers to a group of men pursuing a
learned art as a common calling in the spirit of
public service.
Practice of law is a profession, a branch of the
administration of justice, a form of public trust, the
performance of which is entrusted only to those
who are qualified and who possess good moral
character.
Review of Legal Profession
Legal Profession – a privilege and a right
Membership in the legal profession is a
privilege granted by the state only to those
deserving individuals. It is in the nature of a
franchise conferred only for merit which must
be earned by hard study, learning and good
conduct. (In Re: Sycip, 92 SCRA 1)

The ancient and learned profession of law


exacts from its members the highest standard
of morality. (Barrientos vs. Daarol, 218 SCRA
30)
Review of Legal Profession
Legal Profession – a privilege and a right
Good moral character is a condition
which precedes admission to the Bar and is not
dispensed with upon admission thereto. It is a
continuing qualification which all lawyers must
possess. (People vs. Tuanda, 181 SCRA 682)
The members are in fact, enjoined to aid
in guarding the Bar against the admission of
candidates unfit, unqualified or deficient in
either moral character or education. (In Re:
Puno, 19 SCRA 439)
Review of Legal Profession
Legal Profession – a privilege and a right
The law as a profession precedes from the
basic premise that membership in the Bar is a
privilege burdened with conditions and carries
with it the responsibility to live up to its exacting
standards and honored traditions. (Ledesma vs.
Climaco, 57 SCRA 473)
The practice of law is a PRIVILEGE granted
only to those who possess the STRICT
INTELLECTUAL AND MORAL QUALIFICATIONS
required of lawyers, who are instruments in the
effective and efficient administration of justice.
(In Re: Argosino, 1997)
Review of Legal Profession
Legal Profession – a privilege and a right

Practice of law is in the nature of a


right in the sense that a person admitted to
the bar and possessing the continuing
qualifications cannot be disbarred or
prevented from the practice of law without
legal ground and due process of law.
Review of Legal Profession
Standards of the legal profession (according to
Justice Vicente Mendoza)
1. Independence - It means getting immersed
in the case of one’s client and then
withdrawing from the emotional experience
as a necessity for maintaining one’s
independence.
2. Accessibility - It means not only
maintenance of legal clinics for indigent
persons, but just as deserving are those are
financially capable to pay in full for the
services of a lawyer.
Review of Legal Profession
Standards of the legal profession (according
to Justice Vicente Mendoza)
3. Learning - A lawyer must serve his client
with competence and diligence (Canon 18,
CPR), and shall keep abreast of the legal
developments, participate in the continuing
legal education program and support efforts
to achieve high standards in law schools as
well as in the practical training of law
students and assist in the dissemination of
information regarding the law and
jurisprudence (Canon 5, CPR).
Review of Legal Profession
Basic skills and qualities required in the
study of law:
a) Dreams/Ambitions - A student should
dream to become a lawyer. There is no
place for half-heartedness in the law school.
b) Perseverance - A law student must be
determined to hurdle the bar even if it will
take great degree of sacrifice for his part.
Time management will help.
c) Patience - Studying law requires a great
degree of patience, reading and analyzing
each provision of law, and in long years of
study.
Review of Legal Profession
3-L’s to pass the bar (according to Dean Fortunato
Gupit)
a) Language - Language is the tool of the law. It is
already presumed to be inherent with the
student. Otherwise to be effective, it must be
a matter of habit.
b) Logic or Critical analysis - Together with
language, logic is expected to be possessed
by the law student. It is not about
intelligence or brilliancy but accurately
evaluating the facts.
c) Law - It is not expected for a law student to
know this but a lot of reading is.
***LAWYERS ARE MADE, NOT BORN***
Review of Legal Profession
Practical Tips for Law Students
Other Schools Law School

Professor gives all Student assumes all


assignments and tasks assignments and tasks

Professors prescribe a Professors merely guide


particular method of students in proper course
analysis to be employed of analysis

Spoon-feeding discussion Socratic method –


– all topics and lessons question and answer
being discussed by the (recitation) as a way of
professor discussion

Students rely on the inputs Students are trained to be


of the professor self-dependent
Review of Legal Profession
Techniques in the Study of Law
1. Improve language skills and use
dictionary
2. Learn to love reading
3. Improve study habits
4. Start building up a library
5. Improve penmanship
6. Observe common sense
Review of Legal Profession
Bar examinations is required in order to test one’s
learning and proficiency in law to avoid social danger.
Subject % Exam Day
Political Law 15 1st Sunday (AM)
Labor Law 10 1st Sunday (PM)
Civil Law 15 2nd Sunday (AM)
Taxation 10 2nd Sunday (PM)
Mercantile Law 15 3rd Sunday (AM)
Criminal Law 10 3rd Sunday (PM)
Remedial Law 20 4th Sunday (AM)
Legal Ethics 5 4th Sunday (PM)
TOTAL 100
*To pass the bar, examinee has to obtain an average
of at least 75% in all subjects without however
failing below 50% in any subject.
In Taking the Bar Examinations
DO’s DON’T’s
Secure and bring Notice of Admission ❖ Carrying deadly weapons, cameras,
Keep examinee’s identity secret tape recorders, radio,
Answer in own handwriting communication gadget, electronic
Insert the name card with name, devices
signature, school, and right thumb ❖ Missing to take any subject is a bar in
mark at the back of examination taking subsequent subjects
notebook ❖ Bringing of papers, books or notes
Use fountain pen or sign pen in blue, ❖ Variation in the color of the ink
blueblack or black ink ❖ Variation in the style of the
Secure approval from SC the use of handwriting
noiseless typewriter in answering ❖ Communicating with other examinees
questions (Sec.10, Rule 138, ROC) ❖ Any other form of erasures or tearing
In correcting mistakes, simply draw a off any page of examination booklet
line across the word or words to be ❖ Writing the name of the examinee in
changed the booklet or making any
Observe logic in answers unnecessary marking or impression
Be neat and observe proper margins for identification
at all times ❖ Examinee influencing any bar
examiner
OUTLINE OF BAR EXAMS 

(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

1. Political and Public International Law


• Political Law
❑ Constitutional law
❑ Administrative Law (excluding IRRs)
❑ Laws on Public Officers
❑ Public Corporations (including LGUs)
❑ Election Laws
• Public International law
2. Labor and Social Legislation
• Labor standards
• Labor relations
• Social Legislation
OUTLINE OF BAR EXAMS 

(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

3. Civil Law
• Civil Code of the Philippines
• The Family Code of the Philippines
• Property Registration Decree
• Conflict of Laws (Private International law)

4. Taxation
• General Principles of taxation
• National Internal Revenue Code
• Tariff and Customs Code
• R.A. No. 1125 Creating the Court of Tax Appeals
• Provisions of Local Government Code on
Taxation
OUTLINE OF BAR EXAMS 

(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

5. Mercantile Law
• Code of Commerce
• Bulk Sales Law
• Warehouse Receipts Law
• P.D. No. 115 on Trust Receipts
• Negotiable Instruments Law
• Insurance Code
• Transportation laws
• Corporation Law
• Chattel Mortgage Law
• Real Estate Mortgage Law
• Law on Intellectual property
• Insolvency Law
• Truth in Lending act
OUTLINE OF BAR EXAMS 

(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

6. Criminal law
• The Revised Penal Code
• Indeterminate Sentence Law
• Probation Law
• Anti-Graft and Corrupt Practices Act
• Anti-Fencing Law
• Bouncing Checks Law
• Dangerous Drugs Act
• Heinous Crimes (R.A. No. 7659)
OUTLINE OF BAR EXAMS 

(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

7. Remedial Law
• The Rules of Court
• The 1991 Rules on Summary Procedure
• Local Government Code on Conciliation
Procedures
• The Judiciary Reorganization Act, as amended

8. Legal Ethics and Practical Exercises


• Legal ethics
• Judicial Ethics
• Code of Professional Responsibility
• Grievance Procedure (Rule 139-B, ROC)
• Legal Forms
Admission to the Practice of Law
The Supreme Court has the power, among
others, to promulgate the rules concerning
the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal
assistance to the underprivileged. (Par.5, Sec.
5, Art. VIII of Constitution)
In Re: Cunanan, 94 Phil 534
Facts: Congress enacted R.A. No. 972 “An Act to Fix the Passing
Marks for bar Examinations from 1946 up to and including 1955”
or the Bar Flunkers Act. Section 2 of the said act provided that
“A bar candidate who obtained a grade of 75% in any subject
shall be deemed to have already passed that subject and the
grades shall be included in the computation of the general
average in subsequent bar examinations.
Issue: Whether or not R.A. 972 is unconstitutional.
Held: YES. Portions stricken out were due to the following
reasons:
1.The law itself admits that flunkers have inadequate
preparation;
2.The law is, in effect, a judgment revoking the resolution of
the court;
3.The law is an encroachment on the Court’s primary
prerogative to determine who may be admitted to practice
law;
4.The pretended classification.
Practice of Law: definition and nature
PRACTICE OF LAW - rendition of services requiring
the knowledge and the application of legal principles
and technique to serve the interest of another with
his consent. (Black’s Law Dictionary, 5th Ed.)
- (classical concept) carrying on the calling of an
attorney, usually for compensation, acting in a
representative capacity and rendering service to
another. (People vs. Villanueva, 14 SCRA 109)
- (modern concept) means any activity, in our out of
court, which requires the application of law, legal
procedure, knowledge, training, and experience.
Generally, to practice law is to give notice or render
any kind of service, which device or service requires
the use in any degree of legal knowledge or skill.
[Cayetano v. Monsod, 201 SCRA 210 (1991)]*
Practice of Law: definition and nature
Cayetano v. Monsod, (G.R. No. 100113, September 3, 1991)
*FACTS: Christian Monsod after passing the bar, worked in his
father’s firm for one year, then worked as an operations
officer in the World Bank Group. He also worked with the
Meralco Group upon his return to the Philippines, and then
became chief executive officer of an investment bank, legal
and economic consultant of various companies, National
Chairman of NAMFREL, member of the 1986 Constitutional
Commission, and then became a member of the Davide
Commission.
RULING: Interpreted in the light of the various definitions of the
term “practice of law”, particularly the modern concept of
law practice, and taking into consideration the liberal
construction intended by the framers of the Constitution,
Atty. Monsod’s past work experiences as a lawyer-economist,
a lawyer-manager, lawyer-entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-legislator verily more
than satisfy the constitutional requirement – that he has
been engaged in the practice of law for at least 10 years.
Cayetano v. Monsod, 201 SCRA 210 (1991)

*Justice Padilla, Dissenting:


Practice of law means to exercise or pursue an employment or
profession, actively, habitually, repeatedly or customarily. There must be
continuity or a succession of acts.
Several factors enumerated by the Commission on Appointments to
determine “practice of law”:
(1) Habituality - Practice is more than isolated appearance, for it consists
in frequent or customary action, a succession of acts of the same
kind, a habitual exercise.
(2) Compensation - Practice of law implies that one must have presented
himself in the active practice and that his professional services are
available to the public for compensation, as a source of his livelihood
or in consideration of his services.
(3) Application of law, legal principles, practice, or procedure -
Application of legal principle, practice, or procedure which calls for
legal knowledge, training and experience is within the term “practice
of law”.
(4) Attorney-client relationship - When a lawyer undertakes an activity
which requires the knowledge of law but involves no attorney-client
relationship, such as teaching law or writing law books or articles, he
cannot be said to be engaged in practice of his profession as a lawyer.
Cayetano v. Monsod, 201 SCRA 210 (1991)
Dissenting Opinions
Justice Padilla
• Not just mere possession of knowledge
• Active, habitual and customary action
• Doctor of medicine performing habitually as nursing
aide is not in the “practice of medicine”
Justice Cruz
• Uncomfortable that one need not be a lawyer to
engage in the practice of law
• Stock broker and insurance adjuster and the realtor
may fall under this definition
• A lawyer must earn from his profession
• Possible exception is a lawyer teaching ballroom
dancing or escorting wrinkled ladies with
pubescent pretensions
Cayetano v. Monsod, 201 SCRA 210 (1991)
Dissenting Opinions
Justice Gutierrez
“A person may have passed the bar examinations but if he
has not dedicated his life to the law, if he has not engaged in
an activity where membership in the bar is a requirement, I
fail to see how he can claim to have been engaged in the
practice of law.”
NOT considered as Practice of Law:
• Gratuitous furnishing of legal aid to the poor and unfortunates
who are in pursuit of any civil remedy
• Mere records of realty to ascertain what they may disclose
without giving any opinion or advice as to legal effects of
what they may be found
• Ordinary preparation and drafting of legal instruments which
does not involve the determination by a trained legal mind
of the effects and conditions
• If works involve clerical labor of filling in the blanks or a mere
mechanical act of copying from a file copy or finished
document which involved no legal thing.
Legal remedies for unauthorized practice of law:
1. Injunction
2. Declaratory relief
3. Contempt of court
4. Disqualification or complaints for disbursement
5. Criminal complaint for estafa through false
representation to the damage of a party
Duties and Privileges of a Lawyer
RULE 138, Rules of Court
Section 20. Duties of attorneys. — It is the duty of an
attorney:
(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and
obey the laws of the Philippines.
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
Duties and Privileges of a Lawyer
Section 20, Rule 138, Rules of Court:
(c) To counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law. (end of
2/11/17 lecture)
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek
to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets of
his client, and to accept no compensation in
connection with his client's business except
from him or with his knowledge and approval;
Duties and Privileges of a Lawyer
Section 20, Rule 138, Rules of Court:
(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or
reputation of a party or witness, unless required
by justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the
continuance of an action or proceeding, or delay
any man's cause, from any corrupt motive or
interest;
(h) Never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all
fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the
end that no person may be deprived of life or
liberty, but by due process of law.
Privileges of an attorney:
1. He has both the right and privilege to
practice law during good behavior before
any judicial, quasi-judicial or
administrative tribunal;
2. He enjoys presumption of regularity in the
discharge of his functions;
3. He enjoys immunity from liability to third
person, in the performance of his
obligation to his client, in so far as he does
not materially depart from his character as
a quasi-judicial officer;
Privileges of an attorney:
4. His statements, if relevant, pertinent or
material to the subject of judicial inquiry are
absolutely privileged;
5. He has the right to protest, in a respectful
manner, any unwarranted treatment of a
witness or any unjustified delay in the
administration of justice; and
6. Passing the bar is equivalent to a first grade
civil service eligibility for any position in the
classified service in the government the duties
of which require the knowledge of law, or a
second level eligibility for any other
government position.
Why is it necessary to determine whether
or not an activity is under the definition of
practice of law?
- So as to determine whether the conduct or
act of a party is subject to the rules on
legal ethics and thus can be regulated by
the Supreme Court, which has the power
to control and regulate the practice of
law.
The Integrated Bar of the Philippines
Concept of integration
Integration of the Bar means the
official unification of all the lawyers in the
Philippines. This requires membership and
financial support (in reasonable amount) of
every attorney as conditions sine qua non to
the practice of law and to the retention of
his name in the Roll of Attorneys of the
Supreme Court.
The Integrated Bar of the Philippines
Purpose of Integration
1. Assist in the administration of justice;
2. Foster and maintain on the part of its members
high ideals of integrity, learning, professional
competence, public service and conduct;
3. Safeguard the professional interest of its
members;
4. Cultivate among its members a spirit of
cordiality and brotherhood;
5. Provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice
and procedure, and the relations of the Bar to
the Bench and to the public, and publish
information relating thereto;
6. Encourage and foster legal education;
The Integrated Bar of the Philippines
Purpose of Integration
Xxx
7. Promote a continuing program of legal research
in substantive and adjective law, and make
reports and recommendations thereon; and
8. Enable the Bar to discharge its public
responsibility effectively
Power to Integrate the Bar
The Constitution vests upon the Supreme Court the
power to integrate the Philippine bar. Article VIII
Section 5(5) gives the Supreme Court the power to
“promulgate concerning pleadings, practice and
procedure in all courts, the admission to the
practice of law, the integrated bar.”
The Integrated Bar of the Philippines
Constitutionality of Integration of the Bar
“Because the practice of law is a privilege clothed
with
public interest, it is fair and just that the exercise of that
privilege be regulated to assure compliance with the
lawyer’s public responsibilities.” (In re: Integration of the
Bar)
a. Freedom of Association
- Integration of the bar does not make a lawyer a
member of any group which he is not already a
member. He became a member of the bar when he
passed the Bar examinations. All that integration
actually does is to provide an official national
organization for the well-defined but unorganized and
incohesive group of which every lawyer is already a
member.
The Integrated Bar of the Philippines
Constitutionality of Integration of the Bar
b. Regulatory Fee
- It does not mean that the Court levies a tax. A
membership fee in the Integrated Bar is an exaction
for regulation, while the purpose of a tax is revenue.
c. Freedom of speech
- A lawyer is free, as he has always been, to voice his
views on any subject in any manner he wishes, even
though such views be opposed to positions taken by
the Unified Bar.
d. Fair to all lawyers
- [I]t will apply equally to all lawyers, young and old,
at the time Bar integration takes effect, and
because it is a new regulation in exchange for new
benefits, it is not retroactive, it is not unequal, it is
not unfair.
The Integrated Bar of the Philippines
Membership in the IBP
- All lawyers whose names were in the Roll of
Attorneys of the Supreme Court on 16 January
1973 and all those whose names were included
or are entered therein after the said date, are
automatically and without exception members
of the Integrated Bar.
- The lawyer chooses which IBP Chapter to
join, usually the home city/province or place
of work; transfer from chapter to another is
allowed.
- Lifetime or annual payment of dues
The Integrated Bar of the Philippines
Organization
❑ President of IBP – the Chief Executive of the
organization with a term of two (2) years.
❑ Vice President – assumes a President in case of
absence or inability.
❑ Board of Governors – composed of nine (9)
representatives from regions.
❑ House Delegates – deliberative body of the IBP
composed of not more than 120 members
apportioned among all chapters by the Board of
Governors according to the number of their
respective members but each chapter shall have
1 representative.
The Integrated Bar of the Philippines
Administrative Supervision of SC
- The Supreme Court acquires administrative
supervision over the IBP including its officers.

Bar Matter 2012: Rule on Mandatory Legal Aid


Service for Practicing Lawyers
- All practicing lawyers are required to render a
minimum of sixty (60) hours of free legal aid
services to indigent litigants in a year. Clerks of
Court and the IBP Legal Aid Chairperson of the
IBP Chapter are designated to coordinate with a
lawyer for cases where he may render free legal
aid service.
Bar Matter 2012: Rule on Mandatory Legal Aid Service for
Practicing Lawyers

The following lawyers are excluded in the term


“practicing
lawyer”:
1. Government employees and incumbent elective officials
not allowed by law to practice;
2. Lawyers who by law are not allowed to appear in court;
3. Supervising lawyers of students enrolled in law student
practice in duly accredited legal clinics of law schools
and lawyers of non-governmental organizations (NGOs)
and peoples organizations (POs) like the Free Legal
Assistance Group who by the nature of their work
already render free legal aid to indigent and pauper
litigants, and
4. Lawyers not covered under subparagraphs (1) to (3)
including those who are employed in the private sector
but do not appear for and in behalf of parties in courts
of law and quasi-judicial agencies.
Purpose of Bar Matter 850 (Mandatory Continuing Legal
Education)
Continuing legal education is required of members of the 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.
Requirements
Requirements of completion of MCLE: Members of the IBP, unless
exempted under Rule 7, shall complete every three (3) years at
least thirty-six (36) hours of continuing legal education
activities. The thirty-six (36) hours shall be divided as follows:
6 hours – Legal Ethics
4 hours – Trial and Pre-trial skills
5 hours – Alternative Dispute Resolution
9 hours – Updates on Substantive and Procedural Laws and
jurisprudence
4 hours – Legal Writing and Oral Advocacy
2 hours – International Law and International Conventions
Remaining 6 hours – such other subjects as may be
prescribed by the Committee on MCLE
TOTAL: 36 hours (or 36 units)
Classes of MCLE Credits
a. Participatory Credit
Attending approved education activities like
seminars, conventions, symposia; speaking or
lecturing, or assigned as panelist, reactor or
commentator, etc. in approved education
activities; teaching in law schools or lecturing in
bar review classes.
b. Non-Participatory
Preparing, as author or co-author, written
materials (article, book or book review) which
contribute to the legal education of the author
member, which were not prepared in the
ordinary course of his practice or employment;
editing a law book, law journal or legal news
letter.
Persons exempt from the MCLE requirement:
1. President, Vice-President, Secretaries and
Undersecretaries of Executive Departments
2. Senators and members of the House of Representatives
3. Chief Justice and Associate Justices of the Supreme
Court
4. Incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council,
incumbent members of the Mandatory Continuing Legal
Education Committee, incumbent court lawyers who
have availed of the Philippine Judicial Academy
programs of continuing judicial education. (Amendment
to Bar Matter 850, Resolution of the Court En Banc, July
13, 2004)
5. Chief State Counsel, Chief State prosecutor, and
Assistant
6. Secretaries of the Department of Justice
7. Solicitor General and the Assistant Solicitor General
Persons exempt from the MCLE requirement:
8. Government Corporate Counsel, Deputy and Assistant
Government Counsel
9. Chairman and Members of the Constitutional Commissions
10. Ombudsman, overall deputy Ombudsman, Deputy
Ombudsmen, and Special Prosecutor of the Office of the
Ombudsman
11. Heads of Government Agencies exercising quasi-judicial
functions
12. Incumbent deans, bar reviewers, professors of law who have
been teaching experience for the past 10 years in accredited
law schools
13. Chancellor, Vice Chancellor and members of the Corps of
Professional and Professorial Lectures of the Philippine
Judicial Academy
14. Governors and Mayors
Other parties exempted:
• Those who are not in law practice, private or public
• Those who are retired from law practice with the approval
of the IBP Board of Governors
May a member of the Bar not included in the
numeration ask for exemption?
- Yes, if there is a good cause for exemption
from or modification of requirement. A member
may file a verified request setting forth good
cause for exemption (such as physical disability,
illness, post graduate study abroad, proven
expertise in law, etc.) from compliance with or
modification of any of the requirement,
including the extension of time for compliance,
in accordance with the procedure to be
established by the Committee on MCLE.
Note: Applications for Exemption from or
modification of the MCLE requirement shall be
under oath and supported by documents.
What constitutes non-compliance of MCLE?
1. Failure to complete education requirement
within the compliance period;
2. Failure to provide attestation of
compliance to exemption;
3. Failure to provide satisfactory evidence of
compliance (including evidence of exempt
status) within the prescribed period;
4. Failure to satisfy the education
requirement and furnish evidence of such
compliance within 60 days from receipt of
non-compliance notice;
5. Failure to pay non-compliance fee within
the prescribed period;
What constitutes non-compliance of MCLE?
6. Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Note: Members failing to comply will receive a
Non-compliance Notice stating the specific
deficiency and will be given a 60 days from the
date of notification to file a response.
What are the consequences of non-compliance?
A member who fails to comply with the
requirements after the 60 day period shall be listed
as a delinquent member by the IBP Board of
Governors upon recommendation of the Committee
on MCLE.
Note: The listing as a delinquent member is
administrative in nature but shall be made with a
notice and hearing by the Committee on MCLE.
➢B.M. No. 1922 (took effect on January 1,
2009) requires practicing members of the
bar to indicate in all pleadings filed before
the courts or quasi-judicial bodies, the
number and date of the issue of their MCLE
Certificate of Compliance or Certificate of
Exemption, as may be applicable for the
immediately preceding compliance period.
Failure to disclose the required
information would cause the dismissal of
the case and the expunction of the
pleadings from the records.
SC En Banc Resolution (February 17, 2015)
REQUIRES all members of the IBP to file a written
entry of appearance indicating their MCLE exemption
or compliance number for the current or
immediately preceding compliance period and date
of issuance thereof before appearing as counsel or
engaging in oral argument in open court or before a
quasi-judicial body. However, counsels who affixed
their signatures in- their pleadings and indicated
their MCLE exemption or compliance number in their
pleadings need not file a separate entry of
appearance. All counsels, including partners of law
firms whose names appear in the said pleadings,
shall also indicate their MCLE exemption or
compliance number. (took effect on March 1, 2015)
Disciplinary Proceedings
Disbarment Suspension*
Act of the court in Act of the court prohibiting an
withdrawing from an attorney attorney from practicing law for
the right to practice law. a certain period.
Administrative proceeding Intended to protect the court
instituted to revoke the and the public from the misconduct
license of the lawyer to of officers of the
practice his profession by court and to protect the
reason of misconduct. administration of justice by
requiring that those who
exercise this important function
shall be competent, honorable
and reliable men in whom
courts and clients may repose
confidence
Disciplinary Proceedings
*Suspension is sometimes referred to a
qualified disbarment because the lawyer is
temporarily deprived of his right to practice his
profession.
Two Primary Objectives of Disbarment and
Suspension
1. To compel the attorney to deal fairly and
honestly with his clients
2. To remove from the profession a person
whose misconduct has proved him unfit to be
entrusted with the duties and responsibilities
belonging to the office of an attorney
Disciplinary Proceedings
Common Grounds for Suspension or Disbarment
1. Deceit
2. Malpractice or other gross misconduct in office
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude
5. Violation of Oath of Office
6. Willful disobedience of any lawful order of any superior
court
7. Corrupt or willful appearance as an attorney for a party
to a case without authority to do so
Moral Turpitude - “includes everything which is done contrary
to justice, honesty, modesty, or good morals”. It involves an
act of baseness, vileness, or depravity in the private duties
which a man owed his fellowmen, or to society in general,
contrary to the accepted and customary rule of right and duty
between man and woman, or conduct contrary to justice,
honesty, modesty, or good morals. (Barrios v. Martinez, 442
SCRA 324 )
Choices of a New Lawyer

CHOICES ADVANTAGES DISADVANTAGES


a) Solo private 1) Independence of action 1)lack of experience and confidence
practice 2)rushed to experience 2)lack of facilities
3)projecting own Image 3) very limited clientele, hence,
unstable income
b) Joining a 1)receives proper advice 1)reduced to the status of merely an
law firm as an from senior lawyers employee
associate/ 2)template pleadings are 2)sometimes tied up to given
assistant; available assignments
3)never runs out of cases 3)does not possess independent
and constantly exposed judgment
4)hardly establish names for
themselves
5)losing cases are usually assigned to
young lawyers
c) Forming a Not advisable for young lawyers
law (partnership with financially capable peers)
partnership
d) Joining the 1)Higher compensation 1) Sometimes restricted to
corporate law 2)Generous benefits and practice outside office hours
department packages 2)tied up in fear of losing higher
Getting Started: Qualities a Young Lawyer Needs
1. Tolerance for Pressure (Stress Management)
a) Time management
b) Always be calm and patient
c) Try to consult others and get their opinions
d) Stay healthy
e) Always smile/laugh
f) Improve one’s communion with God
g) Knowing your limitation
2. Self-Confidence
Getting Started: Qualities a Young Lawyer Needs
3. Ability to Build Clientele – ethical
networking and “advertising” through
professional record
4. Preventive Lawyering
a) Proposals to the other side or party
b) Counter-proposals
c) Reconsiderations
d) Compromise
e) Advice to clients
f) Clients instruction to counsel
Legal Ethics: definition and sources
Legal Ethics denotes that body of principles by which the conduct
of members of the legal profession is controlled.
- It is that branch of moral science which treats of the duties
that an attorney owes to the court, his client, colleagues in the
profession, and the public (G.A. Malcolm, Legal and Judicial Ethics,
1949) as embodied in the Constitution, Rules of Court, Code of
Professional Responsibility, Code of Judicial Conduct, jurisprudence,
moral laws, and special laws. (1993, 1996 Bar)
 

Sources:
a.Code of Professional Responsibility
b.Canons of Professional Ethics
c.New Code of Judicial Conduct (+ 1989 Code of Judicial
Conduct, and 1946 Canons of Judicial Ethics)
d.Constitution
e.Statutes
f.Rules of Court and related laws
g.Supreme Court decisions
h.Treatises and publications
Significance of Legal Ethics
 - limits the parameters and tames the exercise of the
legal profession
- (“negative side”) guard against abuses and ills of the
profession such as dishonesty, immorality, negligence,
slothness, lack of diligence, and the many forms of
malpractice of the members of the bar
- (“positive side”) raises the standard of the legal
profession, encourages and enhances respect for the law,
assures an effective and efficient administration of justice,
assists in keeping and maintaining law and order in
coordination with the other department of government.
- provides the basis for weeding out the unfit and the misfits
in the legal profession for the protection of the public
(Pineda, 1994)
- governs the ethical and moral standards of lawyers
“What is legal is moral.”  Is that statement correct?
***

For self-review - Know the definition of the following terms/concepts


in relation to legal ethics: Admonition; Advocate; Ambulance chaser;
Ambulance chasing; Amicus curiae (pl: amici curiae); Amicus curiae par
excellence (pl.: amici par excellence); Appearance - general v. special;
Attorney ad hoc; Attorney-at-law; Attorney-in-fact; Attorney of
record; Attorney’s fees - ordinary v. extraordinary; Attorney’s lien; Bar
and Bench; Bar Association; Bar integration and the Integrated Bar of
the Philippines; Barratry; Censure; Champertous contract; Champerty;
Charging lien; Client; Competence; Confidential communication;
Conflict of interest; Contempt - direct v. indirect, civil v. criminal;
Contingent fee; Contingent fee contract; Counsel/attorney de oficio;
Counsel de parte; Court; De facto judge; De jure judge; Diligence;
Disbarment; Dishonest act; Executive judge; Fiduciary duty; Firm;
Fixed or absolute fee; Forum shopping; Good moral character; Good
reputation; Good standing; Gross immorality; House counsel (in-house
counsel); Immoral or deceitful conduct; Judge; Judicial ethics; Lawyer;
Lead counsel; Moral Character; Moral turpitude; Notary and notary
public; Of counsel; Plea of guilty; Practicing lawyer; Private practice;
Pro bono; Professional touting; Pro se; Quantum meruit;
Reinstatement; Reprimand; Res ipsa loquitur; Retainer - general v.
special; Retaining fee; Retaining lien; Sole practitioner; Suspension -
definite v. indefinite; Trial lawyer; Warning
Practice of Law: supervision & control
Filipinos only policy:
The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by
law. (Sec. 14, Art. XII, 1987 Constitution)

Integration of the Philippine Bar:


In the Matter of the IBP (1973) - The power to integrate
the Philippine bar is given to the SC by the Constitution.

Legislative interference:
In Re: Cunanan (1954) – R.A. 972, or the Bar Flunkers Act
of 1953, was declared partially unconstitutional as it
encroached upon the powers granted by the Constitution
to the SC in determining the admission of bar examinees to
the bar by usurping such power through a legislative act.
Who may practice law in the Phil.?
– any person admitted to the bar and of good and
regular standing may practice law (Rule 138, Sec.
1), EXCEPT:
1.person representing himself or a friend or a
principal in the MTC (Rule 138, Sec. 34)
*Section 34. By whom litigation conducted. — In the
court of a justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend
appointed by him for the purpose, or with the aid an
attorney. In any other court, a party may conduct his
litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly
authorized member of the bar.
Litigation by party
When is appearance of a party by counsel not
obligatory?
1. in a first level court, a party may conduct litigation in
person, or with the aid of a friend appointed by him,
or a lawyer;
2. in the RTC and appellate courts, a party in a civil suit
may conduct litigation either personally or by
attorney, unless the party is a juridical person
3. even if a party chose to appear by counsel, he may
dispense with counsel at any time and prosecute or
defend his case personally
*The rule that appearance by counsel is not obligatory applies only
in civil and administrative cases; it does not apply in criminal cases
involving grave and less grave offenses, where an accused must be
represented by counsel de parte or de oficio and in which his right
is not waivable. (Prof. Rene Callanta)
Litigation by party
Are persons who pass the Shari’a Bar members of the
Philippine Bar? – No, they may only practice in Shari’a Courts;
they are not entitled to use the title “attorney”, which is
reserved only for members of the Philippine Bar. (see Alawi v.
Alauya, A.M. SDC-97-2-P, 24 February 1997)
Does “scrivening” constitute practice of law? – No.
Scrivening or the filling of blanks in a standard or stereotyped
forms that involve purely clerical work without need for any
legal interpretation, is not practice of law.
“Pro se practice” or “in propria persona appearance” –
appearance in court by a non-lawyer for himself without the
assistance of a lawyer (In re: Joaquin, 241 SCRA 405; 1995
Bar Exam) While it is allowed, it is not advisable because
court proceedings are full of technical pitfalls that ay entrap
a person unschooled in substantive and procedural law. (Even
for lawyers, representing themselves or their family members
is not advisable because it unavoidably involves strong
emotions that cloud judgment and objectivity in handling the
case.)
Litigation by party
In 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 the Court. A litigant needs
the assistance of counsel in all proceedings, administrative, civil
or criminal. (Agpalo)
The right to counsel of an accused is absolute or immutable.
However, his option to secure the services of a counsel de parte
is not absolute. The trial court may restrict his option to retain a
counsel de parte if: 1) the accused insists on an attorney he
cannot afford; 2) chosen counsel is not a lawyer; 3) the attorney
declines to represent the accused for a valid reason, in which
case, the court can appoint a counsel de oficio to represent him.
Sec. 1(c), Rule 115, RRC provides that an accused may waive
his right to counsel, but if he cannot protect his rights without
assistance of a counsel, the Court should advise him to secure a
counsel de parte or appoint a counsel de oficio to represent
him.
Litigation by a layman (party or agent)
Appearance by a non-lawyer AGENT of a party:
a) in the first level court, (in RTC and appellate courts,
appearance is personal or by counsel only)
b) no attorney-client exists between party and his agent
c) should not be habitual
d) no lawyer available in the locality
e) agent is resident of good repute for probity and ability to
aid defendant.
Limitations on appearance by non-lawyers:
1. They should confine their work to non-adversarial
contentions
2. They should not undertake purely legal work, such as
examination or cross-examination of witnesses, or
presentation of evidence.
3. Services should not be habitually rendered
4. They should not charge or collect attorney’s fees (PAFLU v.
Binalbagan Isabela Sugar Co., 42 SCRA 302)
Who may practice law in the Phil.?, exceptions:
2. In a criminal case before the MTC in a locality
where a duly licensed member of the Bar is not
available, the judge may appoint a non-lawyer
who is: a) resident of the province; and b) of
good repute for probity and ability to aid the
accused in his defense (Rule 116, Sec. 7, RRC)
3. person representing himself in the RTC (Rule
138, Sec. 34) – (be careful with clients who file
pleadings on their own; “as if counsel is
discharged” )
Who may practice law in the Phil.?, exceptions:
4. person authorized to represent the Government of
the Philippines in accordance with law (Rule 138,
Sec. 33)
Section 33. Standing in court of person authorized to appear for
Government. — Any official or other person appointed or
designated in accordance with law to appear for the Government
of the Philippines shall have all the rights of a duly authorized
member of the bar to appear in any case in which said government
has an interest direct or indirect.

5. Under the Labor Code, non-lawyers may appear


before the NLRC or Labor Arbiter, if: 1) they represent
themselves, or 2) they represent their organization or
members thereof. (Art. 222 of PD 442, as amended)
6. a non-lawyer can represent a claimant under the
Cadastral Act (Act 2259, Sec. 9)
Who may practice law in the Phil.?, exceptions:
7. law students under Rule 138-A, Sec. 1
Law Student Practice Rule
Qualifications:
1. Completed 3rd year of a prescribed 4-year
curriculum
2. Enrolled in recognized law school’s legal
education/clinic program recognized by SC
3. Under direct supervision and control of a
supervising lawyer accredited by the school
Law Student Practice Rule
- Law student represents indigent clients accepted by
the legal clinic of the law school in any civil, criminal
or administrative case before any trial court, tribunal,
board or officer (S.2, R.138-A)
- Without compensation (S.2, R.138-A)
- Any and all pleadings, motions, briefs, memoranda, or
other papers to be filed, must be signed by the
supervising lawyer for and in behalf of the legal clinic
(Sec. 2, R.138-A)
- “Direct Supervision and Control” requires no less
that the physical presence of the supervising lawyer
during the hearing.
- A law student appearing in the RTC under R.138-A
should at all times be accompanied by a supervising
lawyer, but in the first level courts, law student can
appear in his personal capacity without lawyer
supervision pursuant to S.34, R.138 (appearance by
an agent).
Who are the public officers who have restricted right to practice law?

1. Members of Congress who cannot personally appear as


counsel before any court or electoral tribunal, or quasi-
judicial and administrative bodies (Sec. 14, Art. VI,
Constitution)
- “Appearance” includes not only arguing a case before any
such body but also filing a pleading in behalf of a client as
“by simply filing a formal motion, plea or answer.” (Ramos
v. Mañalac, 89 Phil. 270)
- Neither can a lawyer-member of the legislature allow his
name to appear in such pleading by itself or as part of the
firm name under the signature of another qualified lawyer
because the signature of an agent amounts to signing of a
non-qualified senator or congressman, the office of an
attorney being originally an agency, and because he will, by
such act, be appearing in court or quasi-judicial body or
administrative body in violation of the constitutional
restriction. He cannot do indirectly what the Constitution
prohibits directly. (In re: David, 93 Phil. 461)
Who are the public officers who have restricted right to practice law?

2. under RA 910, Sec. 1, as amended, a


retired justice and judge receiving pension
from the government cannot act as counsel
in any civil case in which the government or
any of tis subdivision or agencies is the
adverse party or in a criminal case wherein
an officer or employee of the government is
an accused of an offense in relation to his
office.
3. Civil service officers or employees without
permit from their respective department
heads (Noriega v. Sison, 125 SCRA 293)
Who are the public officers who have restricted right to practice law?

Can a civil service employee engage in the private


practice of law?
A civil service officer or employee whose duty or
responsibility does not require his entire time to be at the
disposal of the government may not engage in private
practice of law without the written permit from the head of
the department concerned. However, government officials
who by express mandate of the law are prohibited from
practicing law may not, even with the consent of the
department head, engage in the practice of law. If so
authorized by the department head, he may, in an isolated
case, act as counsel for a relative or close family friend.
A government official forbidden to practice law may be
held criminally liable for doing so. An officer or employee of
the civil service who, as a lawyer, engages in the private
practice of law without a written permit from the department
head concerned may be held administratively liable therefor.
Who are the public officers who have restricted right to practice law?

4. Sanggunian members may practice their


profession (Sec. 90, R.A. 7160) provided that
if they are lawyers, they shall not:
a) appear in any court in any civil case
wherein a LGU or any office or
instrumentality of government is the adverse
party;
b) appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of an
offense committed in relation to his office;
Who are the public officers who have restricted right to practice law?

4. Sanggunian members may practice their


profession provided that if they are lawyers,
they shall not:
xxx
c) collect any fee for their appearance in
administrative proceedings involving the
LGU of which they are officials; and
d) use property and personnel of the
government except when the sanggunian
member concerned is defending the interest
of the government.
Who are the public officials prohibited from engaging in
the practice of law?

1. Judges and other officials or employees


of the superior courts (Rule 138, Sec. 35)
2. officials and employees of the Office of
the Solicitor General (Rule 138, Sec. 35)
3. government prosecutors (People v.
Villanueva, 14 SCRA 109); if permitted by
their department head, it should only be in isolated
cases involving relatives or close family friends.
4. President, Vice President, members of
the cabinet, their deputies and assistants
(Art. VII, Sec. 15, 1987 Constitution)
Who are the public officials prohibited from engaging in the practice of law?

Xxx
5. Chair and members of the Constitutional
Commissions [CSC, COMELEC, COA] (Art.
IX-A, Sec. 2, 187 Constitution)
6. Ombudsman and his deputies (Art. XI,
Sec. 8 (2), 1987 Constitution)
7. All governors, city, and municipal mayors
(RA 7160, Sec. 90)
8. those who by special law are prohibited
from engaging in the practice of the legal
profession
Concept of a LAWYER – class of persons,
who by license, are officers of the court and
who are empowered to appear, prosecute,
and defend cases before the courts.
 
Nature of the Office of a Lawyer: - not just a
good citizen who is duty-bound to uphold the
Constitution and obey the law, but a servant
of the law. Hence, he must be an example for
others to emulate; a model in the community
on respect for the law. He must act and
comport himself in a manner that would
uphold public confidence in the integrity of
the legal profession.
Other terms used to refer to lawyers: - attorney, attorney-at-
law, counsel, counsel de parte, counsel of record, counsel de
oficio, of counsel, advocate, solicitor, barrister, proctor, amicus
curiae, amicus par excellence
 

Requirements to be admitted to the Bar: (Secs. 2, 5 &6, Rule


138)
1. Filipino citizen
2. Resident of the Philippines
3. At least 21 years of age
4. Of good moral character
5. Produce before SC “satisfactory evidence” of good moral
character
6. Must not have been charged of a crime involving moral
turpitude
7. Must have met the required educational/academic
requirements
8. Pass the bar examinations
9. Take the lawyer’s oath
10.Sign the roll of attorneys.
Filipino citizenship requirement:
A Filipino citizen admitted to the Philippine Bar
must maintain such citizenship to remain
qualified for the practice of law in the country.
(In re Arthur Castillo Reyes, 1993)
American citizens admitted to the Philippine
Bar and in active practice in Phil. courts , or
Filipino citizens admitted and practiced as
attorneys in the US, AND in good standing,
before July 4, 1946 may be allowed by SC to
continue their practice, or admitted to the Phil.
Bar without examination, respectively. (Sec.
3-4, Rule 138)
May a lawyer who lost Filipino citizenship still
practice law?
General Rule: NO. Loss of Filipino citizenship ipso
jure terminates the privilege to practice
law in the Philippines.
Exception: When Filipino citizenship is lost by
reason of naturalization as a citizen in
another country but subsequently
reacquired pursuant to RA 9225.
This is because “all Philippine citizens who
become citizens of another country shall be
deemed not to have lost their Philippine
citizenship under the conditions of RA 9225.”
Hence, lawyer is deemed never to have
terminated his membership in the Philippine Bar,
but has no automatic right to resume law practice.
What must be done by a former Filipino to resume
practice of law in the Philippines?
- He must first secure authority to practice law from
the Supreme Court, conditioned on:
1. Updating and payment in full of the annual
membership dues in the IBP;
2. Payment of professional tax;
3. Completion of at least 36 credit hours of MCLE (this is
specially significant to refresh lawyer’s knowledge of
Philippine laws and update him of legal
developments); and
4. Retaking of the lawyer’s oath (which will not only
remind him of his duties and responsibilities as a
lawyer and as an officer of the court, but also renew
his pledge to maintain allegiance to the Republic of
the Philippines.)
Compliance with the foregoing restores the lawyer’s
good standing as a member of the Philippine bar. (Case:
Petition for Leave to Resume Practice of Law, Benjamin
M. Dacanay, Bar Matter No. 1678, December 17, 2007)
Instances of Lack of Good Moral Character:
➢ Making false statement in his application;
➢ Making a forged certificate of good moral
character;
➢ Using another person’s school records;
➢ Living an adulterous life;
➢ Committing bigamy;
➢ Committing polygamy.
May a successful bar candidate convicted of
reckless imprudence resulting to homicide as a
result of participation in a hazing incident, after
serving probation, be allowed to take his oath as a
lawyer?
- Yes. (Read: In re: Petition to take lawyer’s oath of
Arthur Cuevas, Jr., Bar Matter No. 80, prom. Jan.
27, 1998, 90 SCAD 711)
Moral character = qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and the strictest
observance of fiduciary responsibility (Justice Felix
Frankfurter)
Good moral character is the absence of a proven conduct or
act that has been historically and traditionally considered as
a manifestation of moral turpitude. Such act or conduct
need not amount to a crime; conviction in a criminal is not
necessary to demonstrate bad moral character although it
may show moral depravity.
Moral Turpitude “includes everything which is done contrary
to justice, honesty, modesty, or good morals”. It involves an
act of baseness, vileness, or depravity in the private duties
which a man owed his fellowmen, or to society in general,
contrary to the accepted and customary rule of right and
duty between man and woman, or conduct contrary to
justice, honesty, modesty, or good morals. (Barrios v.
Martinez, 442 SCRA 324 ) - Question of moral turpitude is
for SC to decide.
Educational Requirements before taking the bar: (Sec
5 & 6, Rule 138)
1. Law degree (Bachelor of Laws or Juris Doctor)
[studied for 4 years and completed all prescribed
courses: civil law, commercial law, remedial law,
criminal law, public and private international law,
political law, labor and social legislation, medical
jurisprudence, taxation, and legal ethics]
2. Completed a pre-law bachelor’s degree (that
required for admission a 4-year high school
education) in arts or sciences (with major in political
science, logic, english, history, and economics)
*Beginning 1994, graduates of foreign law schools are
not allowed to take the bar examinations since they
cannot present certifications required under Sec. 5 & 6,
Rule 138, ROC. (In Re: Application of Adriano
Hernandez, 1993)
*Note: LEBMO No. 7., 29 December 2016
- requires Phil. Law School Admission Test (PhilSAT) to
enter law school beginning SY 2017-2018
- cut-off passing score is 55%, no limit on re-takes
- P1,500.00 testing fee
- Certificate of Eligibility (COE) required before enrolment
- Exception: honor graduate with CS eligibility under PD
907 enrolling within 2 years from graduation from
college
- lower than 55% score can be admitted only for SY
2017-2018 with written justification
- general average requirement (under 2011 LEBMO) of 80%
or 2.5 (pre-law degree) will no longer be required
beginning SY 2018-2019
- PhilSAT designed as one-day aptitude test to measure
academic potential of examinee to pursue study of law;
it tests communication and language proficiency,
critical thinking skills, verbal and quantitative
reasoning.
Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138,
ROC)
Section 10. Bar examination, by questions and answers, and
in writing. — Persons taking the examination shall not bring
papers, books or notes into the examination rooms. The
questions shall be the same for all examinees and a copy
thereof, in English or Spanish, shall be given to each
examinee. Examinees shall answer the questions personally
without help from anyone.
Upon verified application made by an examinee stating
that his penmanship is so poor that it will be difficult to read
his answers without much loss of time, the Supreme Court
may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be
used.
The committee of bar examiner shall take such
precautions as are necessary to prevent the substitution of
papers or commission of other frauds. Examinees shall not
place their names on the examination papers. No oral
examination shall be given.
Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138,
ROC)
Section 12. Committee of examiners. — Examinations shall be
conducted by a committee of bar examiners to be appointed
by the Supreme Court. This committee shall be composed of a
Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year,
and eight members of the bar of the Philippines, who shall
hold office for a period of one year. The names of the
members of this committee shall be published in each volume
of the official reports.
Section 13. Disciplinary measures. — No candidate shall
endeavor to influence any member of the committee, and
during examination the candidates shall not communicate
with each other nor shall they give or receive any
assistance. The candidate who violates this provisions, or any
other provision of this rule, shall be barred from the
examination, and the same to count as a failure against him,
and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.
Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16,
Rule 138, ROC)
Section 14. Passing average. — In order that a
candidate may be deemed to have passed his
examinations successfully, he must have obtained a
general average of 75 per cent in all subjects,
without falling below 50 per cent in any subject. In
determining the average, the subjects in the
examination shall be given the following relative
weights: Civil Law, 15 per cent; Labor and Social
Legislation, 10 per cent; Mercantile Law, 15 per
cent; Criminal Law; 10 per cent: Political and
International Law, 15 per cent; Taxation, 10 per
cent; Remedial Law, 20 per cent; Legal Ethics and
Practical Exercises, 5 per cent.
Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16,
Rule 138, ROC)
Section 16. Failing candidates to take review
course. — Candidates who have failed the bar
examinations for three times shall be disqualified
from taking another examination unless they show
the satisfaction of the court that they have
enrolled in and passed regular fourth year review
classes as well as attended a pre-bar review course
in a recognized law school.
The professors of the individual review
subjects attended by the candidates under this rule
shall certify under oath that the candidates have
regularly attended classes and passed the subjects
under the same conditions as ordinary students
and the ratings obtained by them in the particular
subject.
Admission and Oath, Certificate, Attorney’s Roll: (Sec.
17-19, Rule 138, Rules of Court)
Section 17. Admission and oath of successful applicants. —
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 the corresponding oath of office.
Section 18. Certificate. — The Supreme Court shall
thereupon admit the applicant as a member of the bar for
all the courts of the Philippines, and shall direct an order
to be entered to that effect upon its records, and that a
certificate of such record be given to him by the clerk of
court, which certificate shall be his authority to practice.
– Certificate of Admission to the Bar
Section 19. Attorney's roll. — The clerk of the Supreme Court
shall kept a roll of all attorneys admitted to practice,
which roll shall be signed by the person admitted when he
receives his certificate. – Attorney’s Roll Number
indicated in Certificate of Admission to the Bar
Duties of Attorneys (Sec. 20, Rule 138) – discussed
earlier
Authority of Attorney to Appear (Sec. 21-22, Rule 138)
Section 21. Authority of attorney to appear. — An
attorney is presumed to be properly authorized to
represent any cause in which he appears, and no
written power of attorney is required to authorize him
to appear in court for his client, but the presiding judge
may, on motion of either party and on reasonable
grounds therefor being shown, require any attorney who
assumes the right to appear in a case to produce or
prove the authority under which he appears, and to
disclose, whenever pertinent to any issue, the name of
the person who employed him, and may thereupon make
such order as justice requires. An attorney who
willfully appears in court for a person without being
employed, unless by leave of the court, may be
punished for contempt as an officer of the court who
has misbehaved in his official transactions.
Authority of Attorney to Appear (Sec.
21-22, Rule 138)

Section 22. Attorney who appears in lower


court presumed to represent client on
appeal. — An attorney who appears de
parte in a case before a lower court shall
be presumed to continue representing his
client on appeal, unless he files a formal
petition withdrawing his appearance in the
appellate court.
Authority of Attorney to Bind Clients;
Compensation (Sec. 23-24, Rule 138, ROC)

Section 23. Authority of attorneys to bind


clients. — Attorneys have authority to bind
their clients in any case by any agreement
in relation thereto made in writing, and in
taking appeals, and in all matters of
ordinary judicial procedure. But they
cannot, without special authority,
compromise their client's litigation, or
receive anything in discharge of a client's
claim but the full amount in cash.
Authority of Attorney to Bind Clients;
Compensation (Sec. 23-24, Rule 138, ROC)

Section 24. Compensation of attorneys; agreement


as to fees. — An attorney shall be entitled to have
and recover from his client no more than a
reasonable compensation for his services, with a
view to the importance of the subject matter of
the controversy, the extent of the services
rendered, and the professional standing of the
attorney. No court shall be bound by the opinion
of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony
and base its conclusion on its own professional
knowledge. A written contract for services shall
control the amount to be paid therefor unless
found by the court to be unconscionable or
unreasonable. – for further discussion in CPR
Unlawful retention of client funds;
contempt; change of attorneys (Sec. 25-26,
Rule 138, ROC)

Section 25. Unlawful retention of client's


funds; contempt. — When an attorney
unjustly retains in his hands money of his
client after it has been demanded, he may
be punished for contempt as an officer of
the Court who has misbehaved in his official
transactions; but proceedings under this
section shall not be a bar to a criminal
prosecution.
Unlawful retention of client funds; contempt;
change of attorneys (Sec. 25-26, Rule 138, ROC)

Section 26. Change of attorneys. — An attorney


may retire at any time from any action or special
proceeding, by the written consent of his client
filed in court. He may also retire at any time
from an action or special proceeding, without
the consent of his client, should the court, on
notice to the client and attorney, and on
hearing, determine that he ought to be allowed
to retire. In case of substitution, the name of the
attorney newly employed shall be entered on the
docket of the court in place of the former one,
and written notice of the change shall be given
to the advance party.
Unlawful retention of client funds; contempt; change
of attorneys; attorney’s lien (Sec. 25-26, Rule 138,
ROC)
Section 26. Change of attorneys. — xxx
A client may at any time dismiss his attorney or
substitute another in his place, but if the contract
between client and attorney has been reduced to
writing and the dismissal of the attorney was without
justifiable cause, he shall be entitled to recover from
the client the full compensation stipulated in the
contract. However, the attorney may, in the discretion
of the court, intervene in the case to protect his rights.
For the payment of his compensation the attorney shall
have a lien upon all judgments for the payment of
money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services
had been retained by the client.
Attorney’s Retaining and Charging Liens (Sec. 37, Rule 138,
ROC)
Section 37. Attorneys' liens. — An attorney shall have a lien upon
the funds, documents and papers of his client which have
lawfully come into his possession and may retain the same
until his lawful fees and disbursements have been paid, and
may apply such funds to the satisfaction thereof. He shall also
have a lien to the same extent upon all judgments for the
payment of money, and executions issued in pursuance of such
judgments, which he has secured in a litigation of his client,
from and after the time when he shall have the caused a
statement of his claim of such lien to be entered upon the
records of the court rendering such judgment, or issuing such
execution, and shall have the caused written notice thereof to
be delivered to his client and to the adverse party; and he
shall have the same right and power over such judgments and
executions as his client would have to enforce his lien and
secure the payment of his just fees and disbursements. -
attorney’s liens to be discussed later in CPR; but NOTE:

A lawyer is not entitled to unilaterally appropriate his client’s


money for himself by the mere fact that the client owes him
attorney’s fees. (Rayos v. Hernandez, G.R. 169079, 2/12/07)
Grounds for disbarment or suspension of attorneys
(Sec. 27, Rule 138, ROC, as amended by SC En Banc
Resolution on 13 February 1992
Section 27. Disbarment or suspension of attorneys by
Supreme Court; grounds therefore. — A member of the
bar may be disbarred or suspended from his office as
attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office,
grossly immoral conduct or by reason of his conviction
of a crime involving moral turpitude, or for any
violation of the oath which he is required to take
before admission to practice, or for a willful
disobedience of any lawful order of a superior court,
or for corruptly or willfully appearing as an attorney
for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or
brokers, constitutes malpractice.”
Grounds for disbarment or suspension of attorneys
(Sec. 27, Rule 138, ROC, as amended by SC En Banc
Resolution on 13 February 1992
Section 27. Disbarment or suspension of attorneys by
Supreme Court; grounds therefore. — xxx
THE DISBARMENT OR SUSPENSION OF A MEMBER OF
THE PHILIPPINE BAR BY A COMPETENT COURT OR
OTHER DISCIPLINATORY AGENCY IN A FOREIGN
JURISDICTION WHERE HE HAS ALSO BEEN ADMITTED
AS AN ATTORNEY IS A GROUND FOR HIS DISBARMENT
OR SUSPENSION IF THE BASIS OF SUCH ACTION
INCLUDES ANY OF THE ACTS HEREINABOVE
ENUMERATED.
THE JUDGMENT, RESOLUTION OR ORDER OF THE
FOREIGN COURT OR DISCIPLINARY AGENCY SHALL
BE PRIMA FACIE EVIDENCE OF THE GROUND FOR
DISBARMENT OR SUSPENSION.
SUSPENSION OF ATTORNEYS BY CA & RTC; DUE PROCESS
(S.28-30, R.138, ROC)
Section 28. Suspension of attorney by the Court of Appeals
or a Court of First Instance. — The CA or a CFI (now RTC)
may suspend an attorney from practice for any of the
causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession
until further action of the Supreme Court in the premises.
Section 29. Upon suspension by the CA or CFI (RTC), further
proceedings in Supreme Court. — Upon such suspension,
the Court of Appeals or the Court of First Instance shall
forthwith transmit to the Supreme Court a certified copy
of the order of suspension and a full statement of the facts
upon which the same was based. Upon the receipt of such
certified copy and statement, the Supreme Court shall
make a full investigation of the facts involved and make
such order revoking or extending the suspension, or
removing the attorney from his office as such, as the facts
warrant.
SUSPENSION OF ATTORNEYS BY CA & RTC; DUE
PROCESS (S.28-30, R.138, ROC)
Section 30. Attorney to be heard before removal
or suspension. — No attorney shall be removed or
suspended from the practice of his profession,
until he has had full opportunity upon reasonable
notice to answer the charges against him, to
produce witnesses in his own behalf, and to be
heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer
the accusation, the court may proceed to
determine the matter ex parte.
May a disbarred lawyer resume practice of law?
– Only if allowed by the Supreme Court upon his
petition.
ATTORNEYS DE OFICIO; COMPENSATION: (S.31-32, R.138, ROC)
Section 31. Attorneys for destitute litigants. — A court may assign
an attorney to render professional aid free of charge to any party
in a case, if upon investigation it appears that the party is
destitute and unable to employ an attorney, and that the services
of counsel are necessary to secure the ends of justice and to
protect the rights of the party. It shall be the duty of the attorney
so assigned to render the required service, unless he is excused
therefrom by the court for sufficient cause shown.
*see Rule 14.02 and 14.03, CPR:
Rule 14.02 - A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio or as
amicus curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of
an indigent client if:
(a) he is not in a position to carry out the work effectively or
competently;
(b) he labors under a conflict of interest between him and the
prospective client or between a present client and the
prospective client.
ATTORNEYS DE OFICIO; COMPENSATION: (S.31-32, R.138,
ROC)
Section 32. Compensation for attorneys de oficio. —
Subject to availability of funds, as may be provided by the
law, the court may, in its discretion, order an attorney
employed as counsel de oficio to be compensated in such
sum as the court may fix in accordance with Section 24 of
this Rule. Whenever such compensation is allowed, it shall
be not less than thirty pesos (P30) in any case, nor more
than the following amounts: (1) Fifty pesos (P50) in light
felonies; (2) One hundred pesos (P100) in less grave
felonies; (3) Two hundred pesos (P200) in grave felonies
other than capital offenses; (4) Five Hundred pesos (P500)
in capital offenses. – remember, the ROC took effect January 1, 1964;
more on compensation under CPR

*see CPR, Rule 14.04 - A lawyer, who accepts the cause of a


person unable to pay his professional fees, shall observe
the same standard of conduct governing his relations
with paying clients.
The Lawyer’s Oath
“I, _______________________, do solemnly swear that I
will maintain allegiance to the Republic of the Philippines;
I will support its Constitution and obey the laws, as well
as the legal orders of the duly constituted authorities
therein;
I will do no falsehood, nor consent to the doing of any in
court;
I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent
to the same;
I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well as to the
court as to my clients; and
I impose upon myself this voluntary obligation without
any mental reservation or purpose of evasion. So help me
God.”
The Lawyer’s Oath
Nature of a Lawyer’s Oath:
 The lawyer’s oath is not a mere formality
recited for a few minutes in the glare of flashing
cameras and before the presence of select
witness (In re: Arthur M. Cuevas, Jr., 285 SCRA
59, 27 January 1998); it is not mere facile
words, drift and hollow, but a sacred trust that
must be upheld and kept inviolable (Sebastian
v. Calis, Adm. Case No. 5118, 9 September
1999)
By taking the lawyer’s oath, a lawyer becomes
the guardian of truth and the rule of law and
an indispensable instrument in the fair and
impartial administration of justice.
The Lawyer’s Oath
Nature of a Lawyer’s Oath:
The lawyer’s oath is not a mere ceremony or
formality for practicing law. Every lawyer should at
all times weigh his actions according to the sworn
promises he made when he took the lawyer’s oath. If
all lawyers conducted themselves strictly according
to the lawyer’s oath and the Code of Professional
Responsibility, the administration of justice will
undoubtedly be fairer, faster, and easier for
everyone concerned (In re: Argosino, 270 SCRA 26).
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)
Four-Fold Duties of a Lawyer
1. Duties to the Society – should not violate his
responsibility to society, exemplar for righteousness,
ready to render legal aid, foster social reforms,
aware of special role in the solution of special
problems and always ready to lend assistance in the
study and solution of social problems . (Canons 1-6,
CPR)
2. Duties to the Legal Profession – candor (honesty),
fairness, courtesy and truthfulness, avoid
encroaching on the business of other lawyers, uphold
the honor of the profession (Canons 7-9, CPR)
3. Duties to the Court – respect and defend against
criticisms, uphold authority and dignity, obey order
and processes, assist in the administration of justice
(Canons 10-13, CPR)
4. Duties to the Client – entire devotion to client’s
interest (Canons 14-22, CPR)
Four-Fold Duties of a Lawyer
Classifications of the 4-fold duties:
1. PUBLIC DUTIES – a lawyer operates as a
faithful assistant of the Court in search of a
just solution to disputes
- A counsel de oficio is expected to render effective service
and to exert his best efforts on behalf of the indigent accused.
He has a high duty to the poor litigant as to a paying client. He
should have a bigger dose of social conscience and a little less
of self-interest. (1991, 1993, 1994, 1998, 2001, 2004 bar
exams)
2. PRIVATE DUTIES – a lawyer operates as a
trusted agent of his client; he must remain loyal
to the cause of his client.
Code of Professional Responsibility
CHAPTER I
THE LAWYER AND SOCIETY (Canons 1-6)
Memory Aid: (PP-I-SPA)
Canon 1 – Promote and respect the law and legal
process
Canon 2 – Provide efficient and convenient legal
services
Canon 3 – Information on legal services that is
true, honest, fair, and dignified
Canon 4 – Support for legal reforms and
administration of justice
Canon 5 – Participate in Legal Education Programs
Canon 6 - Applies to lawyers in government
service
CPR: CHAPTER I - THE LAWYER AND SOCIETY (Canons 1-6)
CANON 1 - A lawyer shall uphold the Constitution, obey the
laws of the land and promote respect for law and for legal
processes.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Morality as understood in law: human standard based on the
natural moral law that is embodied in man’s conscience and
guides
 
him to do good and avoid evil.
Moral turpitude: everything that is done contrary to justice,
honesty,
 
modesty or good morals.
Immoral conduct has been defined as “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 (Arciga v. Maniwang, 106 SCRA 591).
Unlawful conduct – act or omission that is against the law
(Agpalo)
Dishonesty – involves lying or cheating (Agpalo)
CPR: CHAPTER I - THE LAWYER & SOCIETY (Canons
1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
 

Grossly immoral conduct/act is one that is so corrupt


and false as to constitute a criminal act so
unprincipled or disgraceful as to be reprehensible to
a high degree. Mere intimacy between a man and a
woman, both of whom possess no impediment to
marry, voluntarily carried on and devoid of any deceit
on the part of respondent, is neither so corrupt nor so
uprincipled as to warrant the imposition of
disciplinary sanction against him, even if as a result
of such relationship, a child is born out of wedlock.
(Figueroa v. Barranco, 276 SCRA 445, 7/31/ 97)
CPR: CHAPTER I - THE LAWYER & SOCIETY (Canons
1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
 
dishonest, immoral or deceitful conduct.
The reconciliation between the lawyer husband and
his wife who had initiated the administrative
proceedings against him for engaging in adulterous
and clearly immoral relationship does not “wipe
away the misconduct and immoral
behavior.” [Cordova v. Cordova, 179 Phil 680,
(1989)]
When Presidential pardon is conditional and merely
remits the unexecuted portion of the penalty,
administrative proceedings against a lawyer
convicted of murder cannot be automatically
barred. (In re: Guttierez, 1962)
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
The nature of the office of an attorney at law
requires that she shall be a person of good moral
character. This qualification is not only a condition
precedent to an admission to the practice of law; its
continued possession is also essential for remaining
in the practice of law. [People vs. Tuanda, A.C. No.
3360 (1/3/90)]
 

The commission of unlawful acts, specially crimes


involving moral turpitude, acts of dishonesty in
violation of the attorney’s oath, grossly immoral
conduct and deceit are grounds for suspension or
disbarment of lawyers. [Rule 138, Section 27, ROC]
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Conviction for crime involving moral turpitude – a
number of lawyers have been suspended or disbarred for
conviction of crimes involving moral turpitude such as:
estafa, bribery, murder, seduction, abduction,
smuggling, falsification of public document
 

As officers of the court, lawyers must only in fact be of


good moral character but must also be seen to be of
good moral character and living lives in accordance with
the highest moral standards of the community. A
member of the Bar and officer of the court is not only
required to refrain from adulterous relationships or the
keeping of mistress, but must also behave as to avoid
scandalizing the public by creating the belief that he is
flouting such moral standard. [Tolosa vs. Cargo, 171
SCRA 21(1989)]
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Misconduct indicative of moral unfitness, whether relating to
professional or non-professional matters, justifies suspension or
disbarment. An attorney may be removed or otherwise
disciplined “not only for malpractice and dishonesty in his
profession, but also for gross misconduct not connected with
his professional duties, which showed him unfit for the office
and unworthy of the privileges which his license and the law
confer to him” (Lizaso vs. Amante, 198 SCRA, 1991) even if
there is no attorney-client relationship between respondent and
complainant (Constantino v. Saludares, 228 SCRA 233, 1993)
Some acts of Dishonesty and Deceit sanctioned by SC:
1.Misappropriation of client’s funds
2.Act of fraudulently concealing dutiable importation or
smuggling
3.Giving false statements under oath in an Information Sheet
submitted in support to a lawyer’s application as Chief of Police
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Some acts of Dishonesty and Deceit sanctioned by
SC:
xxx
4. Wanton falsehood made in an ex parte petition in
court wherein the lawyer attached affidavit of his
grandfather and which affidavit he notarized
knowing that the supposed affiant is already dead.
5. Maneuvering reconveyance of property in the name
of a lawyer instead of the client – in a case involving
sale with pacto de retro.
6. Submission or presentation of mutilated copies of
certain documents to court for the purpose of
deceiving and misleading it.
7. Falsification of grades in the Bar Examinations.
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Some acts of Dishonesty and Deceit sanctioned by
SC:
xxx
8. Collecting several thousand pesos on the pretense
that counsel would allegedly appeal the complaint’s
case to the Supreme Court of the United States, and
that it was necessary to him to go to Washington,
D.C. which he did, knowing that the decision could
no longer be appealed because it is already final
9. Introducing someone to buy a piece of land knowing
that it is not for sale
10. Delayed failure to account money collected for the
client
11. Stealing evidence attached to the court records
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Instances of Gross Immorality and their sanctions:
1. Abandonment of wife and cohabiting with another woman.
Disbarred.
2. Bigamy perpetrated by the lawyer. Disqualified from
admission to the Bar
3. A lawyer who had carnal knowledge with a woman through
a promise of marriage which he did not fulfill. Disbarred.
4. Seduction of a woman who is the niece of a married
woman with whom the respondent lawyer had adulterous
relations. Disbarred.
5. Lawyer arranging the marriage of his son to a woman with
whom the lawyer had illicit relations. After the marriage of
the woman to the respondents son, he continued his
adulterous relations with her. Disbarred
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Instances of Gross Immorality and their sanctions:
xxx
6. Lawyer inveigling a woman into believing that they
had been married civilly to satisfy his carnal desires.
Disbarred
7. Lawyer taking advantage of his position as chairman
of the college of medicine and asked a lady student
to go with him to manila where he had carnal
knowledge of her under threat that if she refused ,
she would flunk in all her subjects. Disbarred
8. Concubinage coupled with failure to support
illegitimate children. Suspended indefinitely
9. Maintaining adulterous relationship with a married
woman. Suspended indefinitely
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
Relate to Canons of Professional Ethics, Canon 15
- How far a lawyer may go in supporting a client's
cause:
- Nothing operates more certainly to create or to
foster popular prejudice against lawyers as a class,
and to deprive the profession of that full measure
of public esteem and confidence which belongs to
the proper discharge of its duties than does the
false claim often set up by the unscrupulous for
the defense of questionable transactions, that it
is the duty of the lawyer to do whatever may
enable him to succeed in winning his client's cause.
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal system.
Relate to Canons of Professional Ethics, Canon 32 - The lawyer's
duty in its last analysis : - No client corporate or individual, however,
powerful nor any cause, civil or political, however important, is
entitled to receive nor should any lawyer render any service or advice
involving disloyalty to the laws whose ministers we are, or
disrespect of the judicial office, which we are bound to uphold, or
corruption of any person or persons exercising a public office or
private trust, or deception or betrayal of the public. When
rendering any such improper service or advice, the lawyer invites and
merits stern and just condemnation. Correspondingly, he advances the
honor of his profession and the best interests of his client when he
renders service or gives advice tending to impress upon the client and
his undertaking exact compliance with the strictest principles of moral
law. He must also observe and advice his client to observe the statute
law, though until a statute shall have been construed and interpreted
by competent adjudication he is free and is entitled to advise as to its
validity and as to what he conscientiously believes to be its just
meaning and extent. But above all a lawyer will find his highest honor
in a deserved reputation for fidelity to private trust and to public duty,
as an honest man and as a patriotic and loyal citizen.
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
While a lawyer is expected to defend his client’s
cause with zeal, he must not disregard truth and
defy the clear purpose of labor statutes. (Cosmos
Foundry Shop Workers Union v. Lo BU, 63 SCRA
321)
Respect for the law is gravely eroded when lawyers
themselves, who are supposed to be minions of the
law, engage in unlawful practices and cavalierly
brush aside the very rules that the IBP formulated
for their observance. (In re: 1989 IBP Elections,
178 SCRA 398)
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
Lawyers should not promote an organization known
to be violating law nor assist it in a scheme which
he knows is dishonest; he should not allow his
services to be engaged by an organization whose
members are violating the law and to defend them
when they get caught. (Agpalo)
Assisting in the establishment and acting as counsel
for an organization (Centro Bellas Artes Club)
intending to evade the practice of law constitutes
malpractice or gross misconduct (In re: Terrel,
1903)
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.02 - A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening
confidence in the legal system.
The SC will not denounce criticisms made by anyone
against the Court for, if well-founded, it can truly have
constructive effects in the task of the Court, but it will
not countenance any wrongdoing nor allow the erosion of
our peoples’ faith in the judicial system, let alone, by
those who have been privileged by it to practice law in the
Phil. (Estrada v. Sandiganbayan, 416 SCRA 465, 2003)
(Atty. Paguia was indefinitely suspended for making
claims that the Justices of the SC have been participating
in partisan political activity and have prejudged a case
that will assail the legality of an act of Pres. Arroyo, that
Estrada v. Arroyo is a patent mockery of justice and due
process, that 3 Justices of Sandiganbayan made their bias
manifest and are impartial against his client.)
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.03 - A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay in a
man’s cause.
Relate with Canon 28, CPE - Stirring up litigation, directly or
through agents : - It is unprofessional for a lawyer to volunteer
advice to bring a lawsuit, except in rare cases where ties of
blood, relationship or trust make it his duty to do so. Stirring up
strife and litigation is not only unprofessional, but it is indictable
at common law. It is disreputable to hunt up defects in titles or
other causes of action and inform thereof in order to be employed
to bring suit or collect judgment, or to breed litigation by seeking
out those with claims for personal injuries or those having any
other grounds of action in order to secure them as clients, or to
employ agents or runners for like purposes, or to pay or reward,
directly or indirectly, those who bring or influence the bringing of
such cases to his office, or to remunerate policemen, court or
prison officials, physicians, hospital attaches or others who may
succeed under the guise of giving disinterested friendly advice, in
influencing the criminal, the sick and the injured, the ignorant or
others, to seek his professional services. xxx
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay in a man’s cause.
Relate with Canon 28, CPE - Stirring up litigation,
directly or through agents: - Xxx A duty to the public
and to the profession devolves upon every member of
the bar having knowledge of such practices upon the
part of any practitioner immediately to inform
thereof, to the end that the offender may be
disbarred.
To stir up litigation is a crime known as
“MAINTENANCE” in common law. (Agpalo)
BARRATRY – frequently exciting and stirring up
quarrels and suits, either at law or otherwise. It is a
lawyer’s act of fomenting suits among individuals
and offering his legal services to one of them.
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.03 - A lawyer shall not, for any corrupt motive
or interest, encourage any suit or proceeding or
delay in a man’s cause.
- The purpose of the rule is to prevent AMBULANCE
CHASING, which refers to solicitation of almost any kind
of legal business by laymen employed by an attorney for
the purpose, or by the attorney himself. For ambulance
chasing has spawned recognized evils such as:
1. fomenting of litigation with resulting burdens on courts and
the public;
2. subornation of perjury;
3. mulcting of innocent persons by judgments upon
manufactured causes of actions, and
4. defrauding of injured persons having proper causes actions
but ignorant of legal rights and court procedure by means of
contracts which retain exorbitant percentages of recovery and
illegal charges for court costs and expenses and by settlement
made for quick returns of fees and against the just rights of
injured persons.
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay in a man’s cause.
It is lawyer’s duty is to resist the whims and caprices of his client and
to temper his client’s propensity to litigate. [Cobb-Perez vs. Lantin,
24
 
SCRA 291]
It is the duty of a counsel to advise his client, ordinarily a layman, to
the intricacies and vagaries of the law, on the merit or lack of merit of
his case. If he finds that his client’s cause is defenseless, it is his
bounden duty to advise the latter to acquiesce and submit, rather
than traverse the inconvertible. A lawyer must resist the whims and
caprices of his client, and temper his propensity to litigate. A lawyer’s
oath to uphold the cause of justice is superior to his duty to his client;
its primacy indisputable. (Castaneda vs. Ago, 65 SCRA 512)
Significance of an Attorney’s Signature on a Pleading
The signature of an attorney constitutes certificate by him that he has
read the pleading; that to the best of his knowledge, information and
belief there is good ground to support it; and that it is not interposed
for delay. Xxx For a willful violation of this rule, an attorney may be
subjected to appropriate disciplinary action. (Sec. 5, Rule 7, RRC)
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.04 - A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair
settlement.
The function of a lawyer is not only to conduct litigation
but to avoid it where possible, by advising settlement or
withholding suit. He/she must act as mediator for
compromise rather than an instigator of conflict. What
sometimes beclouds a lawyer’s judgment as to what is
best for his/her client is his/her eye on attorney’s fees,
which are often considerably less when the case is
amicably settled. The problem of conflict of interest must
be resolved against self interest. (Agpalo)
A “compromise is as often the better part of justice as
prudence is the better part of valor” and a lawyer who
encourages compromise is no less the client’s “champion
in settlement out of court” than he is the client’s
“champion in the battle of court.”
CPR: THE LAWYER AND SOCIETY (Canons 1-6)
Rule 1.04 - A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair
settlement.
The useful function of a lawyer is not only to conduct
litigation but also to avoid it whenever possible by
advising settlement or withholding suit. xxx He should be
a mediator for concord and conciliator for compromise,
rather than a virtuoso of technicality in the conduct of
litigation. [De Ysasi III v. NLRC, 231 SCRA 173 (1994)]
A lawyer cannot, without special authority, compromise
his client’s litigation or receive anything in discharge of
the client’s claim but the full amount in cash. A
compromise entered into without authority is merely
unenforceable. However, a lawyer has the exclusive
management of the procedural aspect of the litigation
including the enforcement of rights and remedies of the
client. (Melendrez vs. Decena, 176 SCRA 662)