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LEGAL ETHICS QUIZ-NOTES

Identification

 Bar Refers to the attorneys and councillors, collectively, the members of the legal profession.
 Bench Denotes the whole body of judges.
 The power of admission to the practice of law is vested by the constitution in the Supreme
Court
 Republic Act No. 972, popularly known as the Bar Flunkers Act of 1953
 The Integration of the Philippine Bar means the unification of the entire lawyer population. This
requires membership in the IBP and payment of annual IBP dues of every attorney as
condition sine qua non to the practice of law and the retention of his name in the Roll of
Attorneys of the Supreme Court.
 Legal Ethics It is the branch of moral science which treats of the duties which an attorney
owes to the court, to his client, to his colleagues in the profession and to the public.
 Nature of the lawyer The practice of law is a profession and not a business as it is an essential
part in the administration of justice.
 Lawyer This is the general term for a person trained in the law and authorized to advise or
represent others in legal matters.
 Amicus curiae Literally it means “ A friend of the Court “. Experienced and impartial attorneys
may be invited by the court to appear to help in the disposition of issues submitted to it.
 On 22 September 2003, the day following the bar examination, Jsutice Jose C. Vitug, Chairman
of the 2003 Bar Examinations Committee, was apprised of a rumoured leakage in the
examination on the subject of Merchantile law
 Al Caparros Argosino passed the Bar examinations held in 1993. The court however deffered his
oathtaking due to his previous conviction for Reckless Impudence resulting in Homicide. The
criminal case which resulted in petitioner’s conviction, arose from the death of Raul
 Al Caparos Argosino submitted no less than fifteen (15) certifications/ letters executed by
among others two (2) senators, five (5) trial court judges, and six (6) members of religious
orders. Petitioner likewise submitted evidence that a Scholarship foundation had been
established in honor of Raul Camaligan, the hazing victim, through joint efforts of the latter's
family and the eight (8) accused in the criminal case.
 Who is the real lawyer, Patrick or Richard? None
 Bar Matter No. 850 requires members of the IBP to undergo continuing legal education “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”. The same is
known as MCLE or the Mandatory Continuing Legal Education
 The Lawyer’s Oath is NOT a mere ceremony or formality for the practicing law. Every lawyer
should at ALL TIMES weigh his actions according to the sworn promises he makes when taking
the same.
 Atty. Quirico del Mar when, as counsel for Jorge Montecillo he moved for a reconsideration of
the Appellate Court's decision with a veiled threat by mentioning the provisions of the Revised
Penal Code on "Knowingly rendering unjust judgment" and "judgment rendered through
negligence", and the innuendo that the Court of Appeals allowed itself to be deceived.
 Atty. Regino B. Tambago was found to have acted very irresponsibly Notarizing Last Will and
Testament
 Atty. Diosdado Q. Gutierrez was the accused in criminal case no. R-793 of the Court of First
Instance of Oriental Mindoro, he was convicted of the felony of Murder
 The term Moral Turpitude includes everything which is done contrary to justice, honesty,
modesty or good morals.
 In the Gutierrez case, a lawyer’s deliberate failure to pay just debts constitute gross misconduct
for which a lawyer may be sanctioned with suspension from the practice of law.
 Barratry is the offense frequently exciting and stirring up quarrels and suits either at law or
otherwise. It is the lawyer’s acts of fermenting suits among individuals and offering his legal
services for the filling of the case against the person who cause the accident.
 Ambulance Chasing, figuratively speaking, is the lawyer’s act of chasing an ambulance of talking
to the said victim or relatives and offering his legal services for the filing of a case against the
person who cause the accident.
 Remingo Estebia was convicted of Rape by the Court of First Instance of Samar.
 The profession of Angel J. Parazo. Writer of a newspaper entitled Star Reporter
 The land in question of Jose Ducat Jr. is located at Antipolo, Rizal
 Atty. Manuel N. Camacho filed a complaint against the lawyers comprising the Pangulayan and
Associates Law offices, Namely, Attorneys Luis Meinrado C. Pangulayan, Regino D. Salmores,
Catherine V. Laurel, and Herbert Joaquin P. Bustos. Complainant, the hired counsel of some
expelled students from the AMA Computer College/ AMA
 Visible Tendency Test – Penalizes a variety of contumacious conduct including: “any improper
conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of
justice.
 Atty. Abrogena’s failure to inform the Court of his change of address which accounts for his
failure to comment on the manifestation of respondents relative to the death of petitioner and
the release of the subject real estate mortgage.
 A lawyer owes candor, fairness and good faith to the court (CANON 10)

Enumeration

THE PURPOSES OF AN INTEGRATED BAR, IN GENERAL, ARE:

1. To elevate the standards of the legal profession;


2. To improve the admission of justice;
3. To enable the Bar to discharge its public responsibility more effectively;
4. To assist in the administration of justice;
5. To foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct;
6. To safeguard the professional interests of its members;
7. To cultivate among its members a spirit of cordiality and brotherhood;
8. To provide a forum for discussion of law, jurisprudence, law reform, pleading, practice and
procedure, and the relation of the Bar to the Bench and the public, and publish information
relating thereto;
9. To encourage and foster legal education;
10. And promote a continuing program of legal research in substantive and adjective law, and make
reports and recommendations thereon (Per Curiam Resolution of the Supreme Court, January 9,
1973)
ORIGINAL BASES OF LEGAL ETHICS:

1. Canons of Professional Ethics


2. Supreme Court decisions
3. Statutes
4. Constitution
5. Treaties and Publications

DUTIES OF ATTONEYS UNDER THE REVISED RULES OF COURT:

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 the judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defences only as he believes to be honestly debatable under the law;
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 of
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 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, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to himself, the cause of the defenceless or
oppressed;
9. In the defense of person accused of crime, by all fair and honorable means, regardless of his
personal defense that law permits, to the end that no person may be deprived of life or liberty,
but by due process of law. (Rule 138, sec. 20 Rules of Court)

NON- LAWYERS AUTHORIZED TO APPEAR IN COURT:

1. Senior Law Student;


2. National Labor Relations Commission or any Labor Arbiter;
3. Department of Agrarian Reform Adjudication Board (DA-RAB)
4. Any person appointed to appear for the government of the Philippines in accordance with the
law (Rule 138, Sec. 33 Revised Rules of Court)
5. Under a cadastral act a non-lawyer can represent a claimant before the cadastral court (Act
no. 2259, Sec. 9)

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE PHILIPPINES:

1. Judges or officials or employees of the superior court (Rule 138, sec. 35, RRC)
2. Officials and employees of the office of Solicitor General;
3. Government prosecutors;
4. President, vice president, Members of the cabinet, their deputies and assistants (Art. VII, Sec.
13, 1987 Constitution);
5. Members of the Constitutional Commissions (Art IX-A, Sec. 2, 1987 Constitution)
6. Members of the Judicial Bar Council;
7. Ombudsman and his deputies (Art. IX, Sec. 8, 2nd par. Of 1987 Constitution)
8. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90);
9. Those who by special law are prohibited from engaging in the practice of their legal profession.

PUBLIC OFFICIALS WITH RESTICTIONS IN THE PRACTICE OF LAW:

1. Senator or member of the House of Representatives (Art. VI, Sec. 14, 1987 Constitution)
2. Sanggunian Members may practice their professions, provided they are members of the Bar,
they shall not:
a. Appear as counsel before any court in any civil case wherein a local 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;
c. Collect any fee for their appearance in administration proceedings involving the local
government unit of which he is an official; and
d. Use property and personnel of the Government except when the Saggunian 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
subdivisions 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.

CHARACTERISTICS OF LAWYERING

1. Practice of law is not a matter of right but merely a privilege bestowed upon individuals who
are not only learned in the law, but who are also known to poses good moral character. (Tan
vs. Sabandal)
2. Practice of law is not a money-making venture. (Canlas vs. CA)
3. It is a calling impressed with public interests, for which it is subject to State regulation
(Metropolitan Bank & Trust Co. vs CA)
4. Practice of law cannot be assigned or inherited, but must be earned by hard study and good
conduct (In Re: Cliffton)
5. Practice of law is a privilege burdened with conditions. (Adez Realty vs. CA)

SOME CASES OF DISHONESTY AND DECEIT WHICH MERITED DISCIPLINE FROM THE SUPREME COURT:

1. Misappropriation of Client’s funds (Macoco vs. Diaz)


2. Act of Fraudulently concealing dutiable importation or smuggling (In Re: Rovero)
3. Giving false statements under oath in an Information Sheet submitted in connection with the
lawyer’s application for the position of Chief of Police (Calo vs. Degamo)
4. Wanton falsehood made in ex parte petition in court wherein the lawyer attatched affidavit
of his grandfather and which affidavit he notarized knowing that the supposed affiant is
already dead. (Agdoma vs. Celestino)
5. Manoeuvring reconveyance of property in the name of the lawyer instead of the client- in a
case involving sale with pacto de retro (Imbuido vs Fidel Sor Manogonon)
6. Submission or presentation of mutilated copies of certain documents to court for the purpose
of deceiving and misleading it (Annotation, 45 AM. St. rep 852)
7. Falsification of grades in the Bar Examinations (In Re: del Rosario)
8. Inducing someone to buy a piece of land knowing that it is not for sale (In Re: Quiambao)
9. Delayed failure to account money collected for the client (Licuanan vs Melo)
10. Stealing evidence attached to the court records (Fernandez vs. Grecia)
11. Adamant refusal to return money he received but intended for a party and issuing a bouncing
check in payment thereof (Castillo vs Taquines)
12. Notarization of a falsified deed of sale of his client’s property (Roces vs. Aportadera)
13. Misappropriating the settlement amount which he received for the client (Resurrection vs.
Sayson)
14. Evading payment of debt (Yuson vs. Vitan)
15. Notarizing of documents despite expiration of notarial commission (Modejar vs. Rubia)

REQUIREMENTS OF GOOD MORAL CHARACTER HAS FOUR GENERAL PURPOSES (Advincula vs.
Macabata):

1. To protect the public;


2. To protect the public image of lawyers;
3. To protect prospective clients;
4. To protect errant lawyers from themselves.

IN ATTY. TOLENTINO CASE, PROFESSIONAL CALLING CARDS MAY ONLY CONTAIN THE FOLLOWING:

1. Lawyer’s name;
2. Name of the law firm which he is connected;
3. Address
4. Telephone no. /Cell phone No.;
5. Special branch of law practiced.