LEGAL ETHICS – is a branch of moral science, which treats of Attorney-at-law/Counsel-at-law/Attorney/Counsel/

the duties which an attorney owes to the court, to the client, to Abogado/Boceros: that class of persons who are licensed
his colleagues in the profession and to the public as embodied in officers of the courts, empowered to appear prosecute and
the Constitution, Rules of Court, the Code of Professional defend and upon whom peculiar duties, responsibilities, and
Responsibility, Canons of Professional Ethics, jurisprudence, liabilities are developed by law as a consequence (Cui v. Cui,
moral laws and special laws. 120 Phil. 729).
Original Bases of Legal Ethics: Attorney in fact – an agent whose authority is strictly limited by
1. Canons of Professional Ethics the instrument appointing him, though he may do things not
2. Supreme court Decisions mentioned in his appointment necessary to the performance of
3. Statistics the duties specifically required of him by the power of attorney
4. Constitution appointing him, such authority being necessarily implied. He is
5. Treatises and publications
not necessarily a lawyer.
Present Basis of the Philippine Legal System: Code of
Counsel de Oficio – a counsel, appointed or assigned by the
Professional Responsibility.
court, from among members of the Bar in good standing who, by
BAR V. BENCH
reason of their experience and ability, may adequately defend
BAR – Refers to the whole body of attorneys and body of judges.
the accused.
BENCH – denotes the whole body of counselors, collectively the
Note: In localities where members of the Bar are not available,
members of
the court may appoint any person, resident of the province and
good repute for probity and ability, to defend the accused. Sec.
the legal profession.
7, Rule 116, Rules of Court.
Practice of Law – any activity, in or out of court which requires Attorney ad hoc – a person named and appointed by the court
the application of law, legal procedure, knowledge, training and to defend an absentee defendant in the suit in which the
experience. To engage in the practice of law is to give notice or appointment is made (Bienvenu v. Factor’s of Traders Insurance
render any kind of service, which or devise or service requires Cp., 33 La.Ann.209)
the use in any degree of legal knowledge or skill (Cayetano v. Attorney of Record – one who has filed a notice of appearance
Monsod, 201 SCRA 210). and who hence is formally mentioned in court records as the
official attorney of the party. Person whom the client has
named as his agent upon whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of record,
associate attorneys are referred to as “of counsel” (5 Am. Jur.
261).
Lead Counsel – The counsel on their side of a litigated action
who is charged with the principal management and direction of
a party’s case.
House Counsel – Lawyer who acts as attorney for business
though carried as an employee of that business and not as an
independent lawyer.
Bar Association – an association of members of the legal
profession.
Advocate – The general and popular name for a lawyer who
pleads on behalf of someone else.
Barrister (England) – a person entitled to practice law as an
advocate or counsel in superior court.
Proctor (England) – Formerly, an attorney in the admiralty and
ecclesiastical courts whose duties and business correspond to
those of an attorney at law or solicitor in Chancery.
Titulo de Abogado – it means not mere possession of the
academic degree of Bachelor of Laws but membership in the Bar
after due admission thereto, qualifying one for the practice of
law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the
practice of law. Thus, the Constitution, under Article VIII, Sec.
5 (5) provides:
Sec. 5. The Supreme Court shall have the
following powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the under
privileged.
The Supreme Court acts through a Bar Examination
Committee in the Exercise of his judicial function to admit
candidates to the legal profession.
The Bar Examination Committee:
 Composed of (1) member of the Supreme Court who acts as
Chairman and eight (8) members of the bar.
 The 8 members act as examiners for the 8 bar subjects with
one subject assigned to each.
 The Bar Confidant acts as a sort of liason officer between
the court and the Bar Chairman on the other hand, and the
individual members of the committee on the other. He is at
the same time a deputy clerk of court.
 Admission of examinees is always subject to the final
approval of the court.
Practice of Law 6. political law
The practice of law is a privilege granted only to those who 7. labor and social legislation
possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS 8. medial jurisprudence
required of lawyers who are instruments in the effective and 9. taxation
10. legal ethics
efficient administration of justice. (In Re: Argosino, 1997).

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

Requirements for admission to the Bar:
1. Cases before the MTC: Party to the litigation, in person OR
1. citizen of the Philippines
through an agent or friend or appointed by him for that
2. at least 21 years old
purpose (Sec. 34, Rule 138, RRC)
3. of good moral character
2. Before any other court: Party to the litigation, in person
4. Philippine resident
(Ibid.)
5. Production before the supreme court satisfactory evidence
3. Criminal case before the MTC in a locality where a duly
of:
licensed member of the Bar is not available: the judge may
1. good moral character
appoint a non-lawyer who is:
2. no charges against him, involving moral turpitude,
1. resident of the province
have been filed or are pending in any court in the
2. of good repute for probity and ability to aid the
Philippines.
accused in his defense (Rule 116, Sec. 7, RRC).
Requirement of Good Moral Character: a continuing
4. Legal Aid Program – A senior law student, who is enrolled in
requirement; good moral character is not only a condition
a recognized law school’s clinical education program
precedent for admission to the legal profession, but it must also
approved by the supreme Court may appear before any court
remain intact in order to maintain one’s good standing in that without compensation, to represent indigent clients,
exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998) accepted by the Legal Clinic of the law school. The student
Academic Requirements for Candidates: shall be under the direct supervision and control of an IBP
1. a bachelor’s degree in arts and sciences (pre-law course) member duly accredited by the law school.
2. a completed course in: 5. Under the Labor code, non-lawyers may appear before the
1. civil law NLRC or any Labor Arbiter, if
2. commercial law 1. they represent themselves, or if
3. remedial law 2. they represent their organization or members
4. public international law thereof (Art 222, PO 442, as amended).
5. private international law
 6. Under the Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of
Law in the Philippines:
1. Judges and other officials as employees of the Supreme
Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA
109).
4. President, Vice-President, members of the cabinet, their
deputies and assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2,
1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec.
90).
8. Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1. 1. No Senator as member of the House of Representative
may personally appear as counsel before any court of justice
as before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec.
91)Sanggunian members may practice their professions
provided that if they are members of the Bar, they shall not:
1. appear as counsel before any court in any civil case
wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;
2. appear as counsel in any criminal case wherein an
officer or employee of the national or local
government is accused of an offense committed in
relation to his office;
3. collect any fee for their appearance in administrative
proceedings involving the local government unit of
which he is an official;
4. use property and personnel of the government except
when the Sanggunian member concerned is defending
the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired justice or judge
receiving pension from the government, cannot act as
counsel in any civil case in which the Government, or any of
its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the
Government is accused of an offense in relation to his office.

Attorney’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
willingly nor wittingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same; I will delay
no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the court as to my clients; and I
impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me
God.” (Form 28, RRC)
Nature of Lawyer’s Oath
 The lawyer’s oath is not mere facile words, drift and hollow,
but a sacred trust that must be upheld and kept inviolable.
(Sebastian vs. Calis, 1999)
 It 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 taking the lawyer’s
oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
Code of Professional Responsibility
Chapter 1:
Lawyer and Society
CANON 1 – A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW AND FOR
LEGAL PROCESSES
 Duties of Attorneys:
1. to maintain allegiance to the Republic of the Philippines and
to support the Constitution and obey the laws of the
Philippines;
2. to observe and maintain the respect due to the courts of
justice and judicial officers;
3. to counsel or maintain such actions or proceedings only as
appear to him as just, and such defenses only as he believes
to be honestly debatable under the laws;
4. 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;
5. 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;
6. to abstain from all offensive personality and to advance no
fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with
which he is charged;
 7. not to encourage either the commencement or the
continuance of an action or proceeding, or delay any man’s
cause for any corrupt motive or interest;
8. never to reject, for any consideration personal to himself,
the cause of the defenseless or oppressed;
9. in the defense of a person accused of a crime, by all fair and
honorable means, regardless of his personal opinion as to the
guilt of the accused, to present 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.
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
 Conviction for crimes involving moral turpitude – a number
of lawyers have been suspended or disbarred for conviction
of crimes involving moral turpitude such as:
1. estafa
2. bribery
3. murder
4. seduction
5. abduction
6. smuggling
7. falsification of public documents
 Morality as understood in law – This is a human standard
based on natural moral law which is embodied in man’s
conscience and which guides him to do good and avoid evil.
 Moral Turpitude: any thing that is done contrary to justice,
honesty, modesty or good morals.
 Immoral Conduct: that conduct which is willful, flagrant, or
shameless and which shows a moral indifference to the
opinion of the good and respectable members of the
community (Arciga vs. Maniwag, 106 SCRA 591).
 Grossly Immoral Conduct: One that is so corrupt and false
as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree; it is a
WILLFUL, FLAGRANT or SHAMELESS ACT which shows a
MORAL INDIFFERENCE to the opinion of respectable members
of the community. (Narag vs. Narag, 1998)
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.
Rule 1.03 – A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any man’s
cause.
Rule 1.04 – A lawyer shall encourage his clients to avoid, end
or settle the controversy if it will admit of a fair settlement.
 If a lawyer finds that his client’s cause is defenseless, it is
his burden/duty to advise the latter to acquiesce and
submit, rather than traverse the incontrovertible.
 It is unprofessional for a lawyer to volunteer advice to bring
a lawsuit, except in rare cases where the blood, relationship
or trust makes it his duty to do so.
 Temper client’s propensity to litigate.
 Should not be an instigator of controversy but a mediator for
concord and conciliator for compromise.
 The law violated need not be a penal law. “Moral
Turpitude” – everything which is done contrary to justice,
honesty, modesty or good morals.
 Give advice tending to impress upon the client and his
undertaking exact compliance with the strictest principles of
moral law.
  Until a statute shall have been construed and interpreted by
competent adjudication, he is free and is entitled to advise
as to its validity and as to what he conscientiously believes
to be its just meaning and extent.
 A lawyer has the obligation not to encourage suits. This is so
as to prevent barratry and ambulance chasing.
 Barratry – offense of frequently exciting and stirring up
quarrels and suits, either at law or otherwise; Lawyer’s act
of fomenting suits among individuals and offering his legal
services to one of them.
 Ambulance Chasing – Act of chasing victims of accidents for
the purpose of talking to the said victims (or relatives) and
offering his legal services for the filing of a case against the
person(s) who caused the accident(s).
CANON 2 – A lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness of
the profession.
Rule 2.01 – A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or oppressed.
Rule 2.02 – In such a case, even if a lawyer does not accept a
case, he shall not refuse to render legal advise to the person
concerned if only to the extent necessary to safeguard
latter’s rights.
Rule 2.03 – a lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
 Primary characteristics which distinguish the legal
profession from business;
1. duty of service, of which the emolument is a by product, and
in which one may attain the highest eminence without
making such money;
2. a relation as an ‘officer of court’ to the administration of
justice involving thorough sincerity, integrity and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. a relation to colleagues at the bar characterized by candor,
fairness and unwillingness to resort to current business
methods of advertising and encroachment on their practice
or dealing with their clients.
 Defenseless – not in the position to defend themselves due to
poverty, weakness, ignorance or other similar reasons.
 Oppressed – victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority.
Rule on Advertisements
 General Rule: No advertisements allowed. The most worthy
and effective advertisement possible is the establishment of
a well-merited reputation for professional capacity and
fidelity to trust.
Lawyers may not advertise their services or expertise nor should
not resort to indirect advertisements for professional
employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in
connection with causes in which the lawyer has been engaged or
concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer’s position, and
all other self-laudation.
  Exceptions/ Permissible advertisements:
1. Reputable law lists, in a manner consistent with the
standards of conduct imposed by the canons, of brief
biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a
statement of his name, the name of the law firm which he is
connected with, address, telephone number and the special
branch of law practiced.
3. A simple announcement of the opening of a law firm or of
changes in the partnership, associates, firm name or office
address, being for the convenience of the profession, is not
objectionable.
4. Advertisements or simple announcement of the existence of
a lawyer or his law firm posted anywhere it is proper such as
his place of business or residence except courtrooms and
government buildings.
5. Advertisements or announcement in any legal publication,
including books, journals, and legal magazines.
Rule 2.04 – A lawyer shall not charge rates lower than those
customarily or prescribed, unless circumstances so warrant.
 A lawyer cannot delay the approval of a compromise
agreement entered into between parties, just because his
attorney’s fees were not provided for in the agreement.
 Rule: A lawyer cannot compromise the case without client’s
consent (special authority). Exception: Lawyer has exclusive
management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented.
But in case where lawyer is confronted with an emergency
and prompt/urgent action is necessary to protect clients
interest and there’s no opportunity for consultation, the
lawyer may compromise.
 Rule: Refrain from charging rates lower than the customary
rates.
Valid Justification: relatives, co-lawyers, too poor
CANON 3 – A lawyer in making known is legal services shall
use only true, honest, fair dignified and objective
information or statement of facts.
Rule 3.01 – A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self-
auditory or unfair statement or claim regarding his
qualifications or legal services.
 Violation of Rule 3.01 is unethical, whether done by him
personally or through another with his permission.
Rule 3.02 – In the choice of a firm name, no false, misleading,
or assumed name shall be used. The continued use of the
name of a deceased partner is permissible provided that the
firm indicates in all its communication that said partner is
deceased.
Rule 3.03 – Where a partner accepts public office, he shall
withdraw from the firm and his name shall be dropped from
the firm name unless the law allows him to practice law
concurrently.
Rule 3.04 – A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in
return for, publicity to attract legal business.
 It is unethical to use the name of a foreign firm.
 Death of a partner does not extinguish attorney-client
relationship with the law firm.
 Negligence of a member in the law firm is negligence of the
firm.
CANON 4 – A lawyer shall participate in the improvement of
the legal system by initiating or supporting efforts in law
reform and in the administration of justice.
 Examples: Presenting position papers or resolutions for the
introduction of pertinent bills in congress; Petitions with the
Supreme Court for the amendment of the Rules of Court.
CANON 5 – A lawyer shall keep abreast of legal developments,
participate in continuing legal education programs, support
efforts to achieve high standards in law schools as well as in
the practical training of students and assist in disseminating
information regarding the law and jurisprudence.
Objectives of integration of the Bar
 To elevate the standards of the legal profession
 To improve the administration of justice
 To enable the Bar to discharge its responsibility more
effectively.
The three-fold obligation of a lawyer
 First, he owes it to himself to continue improving his
knowledge of the laws;
 Second, he owes it to his profession to take an active
interest in the maintenance of high standards of legal
education;
 Third, he owes it to the lay public to make the law a part of
their social consciousness.
CANON 6 – These canons shall apply to lawyers in government
service in the discharge of their official tasks.
 Public Officials – include elective and appointive officials
and employees, permanent or temporary, whether in the
career or non-career service, including military and police
personnel, whether or not they receive compensation,
regardless of amount. (Sec. 3 (b), RA 6713).
 The law requires the observance of the following norms of
conduct by every public official in the discharge and
execution of their official duties:
1. commitment to public interest
2. professionalism
3. justness and sincerity
4. political neutrality
5. responsiveness to the public
6. nationalism and patriotism
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)
Rule 6.01 – The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is done.
The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly
reprehensible and is cause of disciplinary action.
Rule 6.02 – A lawyer in the government service shall not use
his public position to promote or advance his private interest,
nor allow the latter to interfere with his public duties.
Rule 6.03 – A lawyer shall not, after leaving government nominee in any private enterprise regulated, supervised or
service, accept engagements or employment in connection licensed by their office unless expressly allowed by law.
with any matter in which he had intervened while in said
These prohibitions shall continue to apply for a period of one (1)
service.
 Various ways a government lawyer leaves government
year after resignation, retirement, or separation from public
service: office, except in the case of subparagraph (b) (2) above, but the
1. retirement professional concerned cannot practice his profession in
2. resignation connection with any matter before the office he used to be
3. expiration of the term of office with, in which case the one year prohibition shall likewise
4. dismissal apply.
5. abandonment
 Q: What are the pertinent statutory provisions regarding  Lawyers in the government service are prohibited to engage
this Rule? in the private practice of their profession unless authorized
by the constitution or law, provided that such practice will
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 not conflict or tend to conflict with their official functions.
 Misconduct in office as a public official may be a ground for
Sec 3. Corrupt practice of Public Officers. In addition to acts disciplinary action (if of such character as to affect his
or omission of public officers already penalized by existing law, qualification as lawyer or to show moral delinquency).
the following shall constitute corrupt practice of any public  Should recommend the acquittal of the accused whose
officer and are hereby declared to be unlawful: conviction is on appeal, IF he finds no legal basis to sustain
the conviction.
(d) accepting or having any member of his family accept  Includes restriction is representing conflicting interest (e.g.
employment in a private enterprise which has pending official Accepting engagements vs. former employer, PNB)
business with him during the pendency thereof or within one  The OSG is not authorized to represent a public official at
year after termination. any state of a criminal case.

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

following acts:

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

employee, consultant, counsel, broker, agent, trustee or