______________________________________________________________________________
d) Attorney-client relationship
LEGAL ETHICS
PRACTICE OF LAW
Rule 138
The practice of law is any activity, in or out
of court, which requires the application of
law, legal procedure, knowledge, training
and experience. It 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,
G.R. No. 100113, Sept. 3, 1991)
Question:
What are the factors to consider in
determining whether there is practice of law:
Answer:
a) Habituality
Practice of law implies customarily
or habitually holding one's self out to
the public as a lawyer. It is more
than an isolated appearance.
b) Application of law, legal
principles, practice or procedure
– It calls for legal knowledge,
training and experience.
c) Compensation
– Practice of law implies that one
must have presented himself to be in
the active and continued practice of
the legal profession and that his
professional services are available to
the public for compensation.
– Where no such relationship exists,
such as in cases of teaching law or
writing law books or articles, there is
no practice of law. (Justice Padilla’s
dissent, Ibid.)
Nature of the Practice of Law
Privilege
It is so delicately affected with public
interest that it is both the power and duty of
the state (through the Supreme Court) to
control and regulate it in order to promote
and protect the public welfare. (Petition for
leave to resume practice of law, Benjamin
Dacanay, B.M. No. 1678, December 17,
2007)
However, it becomes a MATTER OF
RIGHT once a person is admitted to the
practice of law. Valid reason must exist
before a lawyer may be prevented from
practicing law and he can only be deprived
of such right for misconduct duly
ascertained and after due process has been
afforded to him.
The practice of law is a privilege bestowed
only to those who are morally fit. A bar
candidate who is morally unfit cannot
practice law even if he passes the bar
examinations.
(Aguirre v. Rana, B. M. No. 1036. June 10,
2003)
Membership in the legal profession is a
privilege demanding a high degree of good
moral character, not only as a condition
precedent to admission, but also as a
continuing requirement for the practice of
law. (Wilkie v. Limos, A.C. No. 7505,
October 24, 2008)
LEGAL ETHICS 1
______________________________________________________________________________
Profession, not a business
It is not a business because it is a:
 Relation, as an “officer of the court”, to
the administration of justice involving
thorough sincerity, integrity and
reliability
 Duty of public service
 Relation to clients with the highest
degree of fiduciary
 Relation to the 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 directly with their clients. (2006
Bar)
Bar Question 2015
VII
Cite some of the characteristics of the legal
profession which distinguish it from
business. (4%)
Answer:
In the Matter of the Petition for Authority to
Continue use of the Firm Name “Ozaeta,
Romulo, etc., 92 SCRA 1 (1979), the
Supreme Court held:
“Primary characteristics which distinguish
the legal profession from business are:
 A duty of public service, of which the
emolument is a byproduct, and in which
one may attain the highest eminence
without making much money.
 A relation as an ‘officer of court’ to the
administration of justice involving
thorough sincerity, integrity, and
reliability;
 A relation to clients in the highest
degree fiduciary.
 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 directly with their clients.”
XII
What is the best form of advertising
possible for a lawyer? (2%)
What are the allowable or permissible
forms of advertising by a lawyer? (3%)
Answer:
“The best advertising possible for a lawyer
is a well-merited reputation for
professional capacity and fidelity to trust,
which must be earned as the outcome of
character and conduct.” (Ulep v. Legal
Clinic, Inc., 223 SCRA 378 [1993])
The allowable forms of advertising are
such:
 Publication in reputable law lists of
brief biographical and honest
informative data;
 Use of an ordinary professional
business card;
 Announcements of specialization and
availability of service in a legal journal
for lawyers;
 Seeking of appointment to a public
office requiring lawyers;
LEGAL ETHICS 2
______________________________________________________________________________
 Advertising to seek full-time position
as counsel for a corporation;
 Offering free legal service to indigents
through radio broadcasts or printed
matter;
 Announcement of opening of law firm,
changes of personnel, firm name or
office address;
 Listings in a telephone directory.
(Supra)
Qualifications
(Sec. 1, Rule 138)
Any person admitted to the bar and
who is in good and regular standing is
entitled to practice law.
Qualifications for admission to
the bar:
a) Citizen of the Philippines;
b) At least 21 years of age;
c) Of good moral character
d) Resident of the Philippines;
e) Produce before the Supreme Court
satisfactory evidence:
 Of good moral character;
 That no charges against him,
involving moral turpitude, have been
filed or are pending in any court in
the Philippines. (Sec. 2, Rule 138)
NOTE:
Passing the bar is not the only
qualification to become an attorney- at-
law. Two essential requisites for
becoming a lawyer still had to be
performed, namely: his lawyer’s oath to
be administered by this Court and his
signature in the roll of attorneys.
(Aguirre v. Rana, B. M. No. 1036, June
10, 2003)
Question:
Who may be entitled to practice law?
Answer:
Persons admitted as members of the Bar
and who are in good and regular standing,
are entitled to practice law:
a) Citizen of the Philippines;
b) At least 21 years of age;
c) Of good moral character;
d) Resident of the Philippines;
e) Must produce before the SC
satisfactory evidence of good moral
character;
f) No charges against him, involving
moral turpitude have been filed or
pending in a court of the Philippines;
g) Must have complied with the
academic requirements;
h) Pass the Bar examinations;
i) Take the Lawyer’s oath;
j) Sign the Roll of Attorneys.
Bar Question 2015
VI
Casper Solis graduated with a
Bachelor of Laws degree from Achieve
University in 2000 and took and passed
the bar examinations given that same
year. Casper passed the bar
examinations and took the Attorney’s
Oath together with other successful bar
examinees on March 19, 2001 at the
Philippine International Convention
Center (PICC). He was scheduled to
LEGAL ETHICS 3
______________________________________________________________________________
sign the Roll of Attorneys on May 24,
2001 but he misplaced the Notice to
Sign the Roll of Attorneys on May 24,
2001 but he misplaced the Notice to
Sign the Roll of Attorneys sent by the
Office of the Bar Confidant after he
went home to the province for a
vacation. Since taking his oath in 2001,
Casper had been employed by several
law firms and private corporations,
mainly doing corporate and taxation
work. When attending a seminar as part
of his mandatory continuing legal
education in 2003, Casper was unable to
provide his roll number. Seven years
later in 2010, Casper filed a Petition
praying that he be allowed to sign the
Roll of Attorneys. Casper alleged good
faith, initially believing that he had
already signed the Roll before entering
PICC for his oath-taking on March 19,
2001.
a) Can Casper already be considered a
member of the Bar and be allowed to
use the title of “attorney”? Explain (1%)
b) Did Casper commit any professional
or ethical transgression for which he
could be held administratively liable?
(2%)
c) Will you grant Casper’s petition to
belatedly sign the Roll of Attorney’s?
Why? (2%)
Answers:
d) Casper cannot be considered a
member of the Bar. In Aguirre v.
Rana, B.M. No. 1036, June 10,
2003: “. . . it is the signing in
the Roll of Attorneys that finally makes
one a full-fledged lawyer. The fact that
respondent passed the bar examinations
is immaterial. Passing the bar is not the
only qualification to become an
attorney-at-law. Respondent should
know that two essential requisites for
becoming a lawyer still had to be
performed, namely: his lawyers oath to
be administered by this Court and his
signature in the Roll of Attorneys.”
Casper may be held liable for the
unauthorized practice of law under
Canon 9 of the CPR. In the case Petition
to Sign in the Roll of Attorneys, 706
SCRA 264 (2013) the Supreme Court
held: “While a reading of Canon 9,
Code of Professional Responsibility
appears to merely prohibit lawyers from
assisting in the unauthorized practice of
law, the unauthorized practice of law by
the lawyer himself is subsumed under
this provision, because at the heart of
Canon 9 is the lawyer’s duty to prevent
the unauthorized practice of law.”
In Medado, the Supreme Court
resolved a similar issue as such: “After a
judicious review of the records, we
grant Medado’s prayer in the instant
petition, subject to the payment of a fine
and the imposition of a penalty
equivalent to suspension from the
practice of law. At the outset, we note
that not allowing Medado to sign in the
Roll of Attorneys would be akin to
imposing upon him the ultimate penalty
of disbarment, a penalty that we have
reserved for the most serious ethical
transgressions of members of the Bar.”
LEGAL ETHICS 4
______________________________________________________________________________
Continuing Requirements for the Practice
of Law:
a) Good and regular standing;
b) Membership in the IBP;
c) Payment of IBP dues;
d) Payment of professional tax;
e) Compliance with the MCLE;
f) Possession of good moral character; and
g) Citizenship.
NOTE:
One of the potential objections
that can be made against admission to the
practice of law is the absence of good
moral character. (Sec. 2, Rule 138, Rules
of Court)
Appearance of Non-lawyers
Law Student Practice Rule
(Sec. 1, Rule 138-A, Rules of Court)
A law student who has successfully
completed 3rd year of the regular four-year
prescribed law curriculum and is enrolled in
a recognized law school's clinical legal
education program approved by the
Supreme Court, may appear without
compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent
indigent clients accepted by the legal clinic
of the law school.
(Sec. 2, Rule 138-A)
The appearance of the law student
authorized by this rule, shall be under the
direct supervision and control of a member
of the Integrated Bar of the Philippines duly
accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or
other papers to be filed, must be signed by
the supervising attorney for and in behalf of
the legal clinic.
NOTE:
The law student shall comply with the
standards of professional conduct
governing members of the Bar. Failure of
an attorney to provide adequate
supervision of student practice may be a
ground for disciplinary action. (SC
Circular No. 19, dated December 19,
1986)
Non-Lawyers in Courts
 (Sec. 34, Rule 138, Rules of Court)
Cases before the MTC:
A party to the litigation may conduct his
own case or litigation in person, with the
aid of an agent or friend appointed by
him for that purpose
 (Sec. 34, Rule 138, Supra)
Before any other court, a party may
conduct his litigation personally. But if
he gets someone to aid him, that
someone must be authorized member of
the Bar
LEGAL ETHICS 5
______________________________________________________________________________
NOTE:
A non-lawyer conducting his own
litigation is bound by the same rules in
conducting the trial case. He cannot after
judgment, claim that he was not properly
represented.
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 of good
repute for probity and ability to aid
the accused in his defense; (Sec. 7,
Rule 116, Supra)
Any official or other person
appointed or designated to appear for the
Government of the Philippines in
accordance with law. (Sec. 33, Rule 138,
Rules of Court)
 (Sec. 33, Rule 138, Rules of Court)
Such person 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.
NOTE:
Article 222 of the Labor Code authorizes
non-lawyers to appear before the
National Labor Relations Commission
(NLRC) or any Labor Arbiter (LA) in
representation of their organization or
members thereof if he represents himself
as a party to the case or he is a duly
accredited member of any legal aid office
duly recognized by the DOJ or the
Integrated Bar of the Phil. In cases
referred thereto. (Kanlaon Construction
Enterprises v. NLRC, G.R. No. 126625,
September 18, 1997)
Sanctions for Practice or
Appearance without Authority
Remedies against unauthorized practice
of law of lawyers:
a) Declaratory relief;
b) Petition for Injuction;
c) Contempt of court;
d) Criminal complaint for Estafa against a
person who falsely represented himself
to be an attorney to the damage of a
party;
e) Disqualification and complaints for
disbarment; or
f) Administrative complaint against the
erring lawyer or government official
NOTES:
Under Section 27, Rule 138 of the
Rules of Court, a member of the bar may be
disbarred or suspended from his office as
attorney by the Supreme Court for xxx
corruptly or willfully appearing as an attorney
for a party to a case without authority to do
so. Disbarment, however, is the most severe
form of disciplinary sanction, and, as such,
the power to disbar must always be exercised
with great caution, and should be imposed
only for the most imperative reasons and
LEGAL ETHICS 6
______________________________________________________________________________
in clear cases of misconduct affecting the
standing and moral character of the
lawyer as an officer of the court and
member of the bar. Accordingly,
disbarment should not be decreed where
any punishment less severe such as a
reprimand, suspension or fine, would
accomplish the end desired. (Vargas v.
Atty. Ignes, et al., A.C. No. 8096, July 5,
2010)
In any case, an unauthorized
appearance of an attorney may be ratified
by the client either expressly or
impliedly. Ratification retroacts to the
date of the lawyer’s first appearance and
validates the action taken by him. (Sps.
Agbulos v. Gutierrez, G.R. No. 176530,
June 16, 2009)
Public Officials and Practice of
Law
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)
Prohibited Acts of Public Officers:
a) Accepting or having any member of
his family accept employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after termination. (Sec. 3[d], R.A.
No. 3019)
b) Own, control, manage or accept
employment as officer, employee,
c) consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless
expressly allowed by law.
(Sec. 7[b], RA 6713)
NOTE:
These prohibitions shall continue to
apply for a period of 1 year after resignation,
or separation from public office. The 1 year
prohibition shall also apply in connection with
any matter before the office he used to be
with.
Public Officials who cannot Practice Law
in the Philippines:
a) Judges and other officials or employees
of the Supreme Court; (Sec. 35, Rule
138, Rules of Court)
b) Officials and employees of the Office of
the Solicitor General; (ibid.)
c) Government Prosecutors; (People v.
Villanueva, G.R. L 19450, May 27,
1965)
d) President, Vice-President, members of
the Cabinet, their deputies and assistants
(Sec. 13 Art. 11, 1987 Constitution);
e) Chairman and members of the Consti-
tutional Commissions (Sec. 2, Art. IX-A,
1987 Constitution);
f) Ombudsman and his deputies (Sec. 8,
Art. IX, 1987 Constitution);
g) Governors, city and municipal mayors;
and (Sec. 90, R.A. 7160,)
h) Those who, by special law, are
prohibited from engaging in the practice
of their legal profession. (1990 Bar)
LEGAL ETHICS 7
______________________________________________________________________________
The following are guilty of indirect
contempt:
a) A counsel who refuses to testify as a
witness for his client in the very case he
is handling, upon order of the court, on
the ground that it would violate the rule
on privileged communication;
b) A person who has been refused
admission to the bar by order of the
Supreme Court but nonetheless attempts
to practice law (Zeta v. Malinao, A.M.
No. P-220, December 20, 1978);
c) A person named and appointed by the
court to defend an absentee defendant in
the suit in which the appointment is
made is an attorney ad hoc.
NOTE:
An attorney ad hoc is a lawyer
appointed by the court to represent an
absentee defendant in a suit in which the
appointment is made. It applies when the
absentee defendant has no counsel
present in court and delay has to be
avoided. Said counsel, also known as a
curator ad hoc is different from counsel
de oficio where the party to be
represented is present in court but has no
counsel. (Bienvenu v. Factor’s and
Trader’s Insurance Co., 33 La. Ann. 209,
1881 WL 8922 [LA.])
Public Officials and Practice of
Law
 Solicitor General
The Sol Gen, in his discretion, may
pursue any of the following actions:
a) Prosecute
b) Not to prosecute
c) To abandon a prosecution
already started; or
d) To take a position adverse to the
people of the Philippines in a
criminal case or to that of a
government agency or official,
when he believes that justice will
be served by taking a different
stand.
 Any Person
Any person appointed to appear for
the government of the Philippines in
accordance with law. (Sec. 33, Rule
138, Rules of Court)
**GENERAL RULE:
Members of the Sanggunian may
engage in the practice of law.
**EXCEPTIONS:
a) They shall not 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;
b) They shall not 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;
c) They shall not collect any fee for
their appearance in administrative
proceedings including the local
government unit of which he is an
official; and
LEGAL ETHICS 8
______________________________________________________________________________
d) They shall not use property and
personnel of the Government, except
when the Sanggunian member
concerned is defending the interests
of the government. (R.A. 7160,
Local Government Code)
Lawyers Oath
Bar Question 2015
IV
The Lawyer’s Oath is a source of
obligation and its violation is a ground
for suspension, disbarment, or other
disciplinary action. State in substance the
Lawyer’s Oath. (3%)
Answer:
“I _________ of _________ do
solemnly swear that I will maintain
allegiance to the Republic of the
Philippines; I will support its
Constitution and obey 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 court; I will not wittingly nor
willingly 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 courts as to
my clients; and I impose upon myself this
voluntary obligations without any
mental reservation or purpose of evasion.
So help me God.”
A flagrant breach of ethical
commitments under the Lawyer’s Oath not
to delay any man for money or malice is
shown by the violations of the law against
bribery and corruption. (Chu v. Atty. Guico,
Jr., A.C. No. 10573, January 13, 2015)
DUTIES AND
RESPONSIBILITES OF A
LAWYER
To the Society
Respect for Law and Legal Processes
A lawyer shall uphold the
Constitution, obey the laws of the land and
promote respect for law and legal process.
(Canon 1, CPR)
A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct. (Rule 1.01, Canon 1, CPR)
When a lawyer included in his
shingle the phrases “Specialist in Small
Claims” and “Fastest in Notarization,” he
has transgressed the rule that a lawyer in
making known his legal services shall use
only dignified information or statement of
facts. (2013 Bar)
Immorality connotes conduct that
shows indifference to the moral norms of
society. For such conduct to warrant
LEGAL ETHICS 9
______________________________________________________________________________
disciplinary action, the same must be grossly
immoral, it must be so corrupt and false as
to constitute a criminal act or so
unprincipled as to be reprehensible to a high
degree. (Ui v. Bonifacio, A.C. No. 3319,
June 8, 2000)
Examples of Grossly Immoral Acts:
a) Wanton disregard for the sanctity of
marriage as shown when the lawyer
pursued a married woman and thereafter
cohabited with her (Guevarra v. Eala,
A.C. No. 7136, August 1, 2007);
b) Rape of a neighbor’s wife, which
constitutes serious moral depravity,
even if his guilt was not proved beyond
reasonable doubt in the criminal
prosecution for rape. (Calub v. Suller,
A.C. No. 1474, January 28, 2000)
Efficient and Convenient Legal
Services
A lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness of
the profession. (Canon 2, CPR)
A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
the oppressed. (Rule 2.01, Canon 2, CPR)
NOTES:
a) Announcement in a newspaper that
he will give free legal advice to the
indigent, is a form of self-praise,
hence, unethical. (In re: Tagorda, 53
Phil 37 [1929])
b) Announcement in a newspaper that
he will give free legal advice to the
indigent, is a form of self-praise,
hence, unethical. (Ibid.)
c) The practice of law is a profession
not a business. To allow a lawyer to
adverise his talent or skill is to
commercialize the practice of law,
degrade the profession in the public’s
efficiently render that high character
of service to which every member of
the bar is called. (Linsangan v.
Tolentino, A.C. No. 6672, September
4, 2009)
The Code of Professional
Responsibility applies to lawyers who are in
the government service.
**GENERAL RULE:
A lawyer who holds a government
office may not be disciplined as a member
of the bar for misconduct in the discharge of
his office as a government official.
**EXCEPTION:
If that misconduct as a government
official is of such character as to affect his
qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a
member of the bar on such ground. (Dinsay
v. Cioco, 264 SCRA 703 [1996])
To the Society
Involvement in the IBP
A lawyer shall at all times uphold the
integrity and dignity of the legal profession
LEGAL ETHICS 10
______________________________________________________________________________
and support the activities of the Integrated
Bar.
(Canon 7, CPR)
Question:
What are the general objectives of the IBP:
Answer:
a) To elevate the standards of the legal
profession;
b) To improve the administration of justice;
c) To enable the bar to discharge its public
responsibility more effectively.
Membership and Dues
Every member of the IBP shall pay
such annual dues as the Board of Governors
shall determine with the approval of the
Supreme Court.
A fixed sum equivalent to ten
percent of the collection from each Chapter
shall be set aside as a Welfare Fund for
disabled members of the Chapter and the
compulsory heirs of deceased members
thereof. (Sec. 9, Rule 139-A, Rules of Court)
NOTE:
Question:
Default in the payment of annual dues:
Answer:
a) For six months shall warrant
suspension of membership in the IBP;
and
b) For one year shall be a ground for the
removal of the name of the
delinquent member from the roll of
attorneys. (Sec. 10, Rule 139-A,
Rules of Court)
A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a
provision already rendered inoperative by
repeal or amendment, or assert as fact that
which has not been proved. (Rule 10.02 ) To
cite as an argument one of the parties as a
ratio decidendi of a Supreme Court decision
shows, at least a lack of diligence on the part
of the lawyer. (COMELEC v. Noynay, 292
SCRA 254 [1998])
Upholding the Dignity and Integrity of
the Profession
A lawyer shall at all times uphold the
integrity and dignity of the legal profession
and support the activities of the Integrated
Bar. (Canon 7, CPR)
A lawyer shall be answerable for
knowingly making a false statement or
suppressing a material fact in connection
with his application for admission to the bar.
(Rule 7.01, Canon 7, CPR)
NOTE:
A declaration in one’s application
for admission to the bar examinations
that the applicant was “single”, when he
was in fact married, was a gross
misrepresentation of a material fact made
in utter bad faith, for which the applicant
should be made answerable. (Leda v.
Tabang, A.C. No. 2505, February 21,
1992)
Courtesy, Fairness, and Candor
towards Professional Colleagues
A lawyer shall conduct himself with
courtesy, fairness and candor toward his
LEGAL ETHICS 11
______________________________________________________________________________
professional colleagues, and shall avoid
harassing tactics against opposing counsel.
(Canon 8, CPR)
A lawyer shall not, in his
professional dealings, use language, which
is abusive, offensive or otherwise improper.
(Rule 8.01, Canon 8, CPR)
NOTE:
A lawyer should treat the
opposing counsel and his brethren in the
law profession with courtesy, dignity,
and civility. They may do as adversaries
do in law: strive mightily but eat and
drink as friends. (Valencia v. Cabanting,
A.M. No. 1302, April 26, 1991)
Improper language
a) Behaving without due regard for the trial
court and the opposing counsel and
threatening the court that he would file a
petition for certiorari. (Bugaring v.
Espanol, G.R. No. 133090, January 19,
2001)
b) Filing of a civil case against the
opposing counsel without justification
but only to get a leverage in the pending
case. (Reyes v. Chiong, A.C. No. 5148,
July 1, 2003)
c) Calling an adverse counsel as “bobo” or
using the word “ay que bobo” in
reference to the manner of offering
evidence.
d) (Castillo v. Padilla, A.C. No. 2339,
February 24, 1984)
A lawyer shall not, directly or indirectly,
encroach upon the professional employment
of another lawyer; however, it is the right of
any lawyer, without fear or favor, to give
proper advice and assistance to those
seeking relief against unfaithful or
neglectful counsel.
(Rule 8.02, Canon 8, CPR)
No Assistance in Unauthorized
Practice of Law
A lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law.
(Canon 9, CPR)
To engage in the practice of law is to do any
of those acts which are characteristic of the
legal profession. It embraces any activity, in
or out of court, which requires the
application of law, legal principle, practice
or procedure or calls for legal knowledge,
training and experience. (Philippine
Lawyers Assoc. v. Agrava, G.R. No. 12426,
105 Phil. 173, February 16, 1959)
Examples of illegal practice of law
a) Appearing as counsel even before
taking lawyer’s oath. (Aguirre v. Rana,
B. M. No. 1036, June 10, 2003)
b) Using the title “Attorney” in his name
even though he is a Shari’a lawyer.
(Alawi v. Alauya, A.M. SDC-97-2-P,
February 24, 1997)
Delegation of unauthorized person
A lawyer shall not delegate to any
unqualified person the performance of any
task which by law may only be performed
by a member of the bar in good standing.
(Rule 9.01)
The following are the acts that MAY
ONLY BE DONE BY A LAWYER:
a) The computation and determination of
the period within which to appeal an
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adverse judgment. (Eco v. Rodriguez,
G.R. No. L-16731, March 30, 1960);
b) The examination of witnesses or the
presentation of evidence. (Robinson v.
Villafuerte, G.R. No. L-5346, January 3,
1911)
The following are the acts that MAY BE
DELEGATED TO NON-LAWYERS:
a) The examination of case law;
b) Finding and interviewing witnesses;
c) Examining court records; and
d) Delivering papers and similar matters.
** GENERAL RULE:
A lawyer shall not divide or stipulate
to divide a fee for legal services with
persons not licensed to practice law.
** EXCEPTIONS:
a) Where there is a pre-existing agreement
with a partner or associate that, upon the
latter’s death, money shall be paid over a
reasonable period of time to his estate or
to persons specified in the agreement; or
b) Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
c) Where a lawyer or law firm includes
non-lawyer employees in a retirement
plan, even if the plan is based in whole
or in part, on a profitable sharing
arrangement.
(Rule 9.02, Canon, CPR)
NOTE:
An agreement between a union
lawyer and a layman president of the
union to divide equally the attorney’s
fees that may be awarded in a labor case
violates this rule, and is illegal and
immoral. (Amalgamated Laborers Assoc.
v. CIR, G.R. No. L-23467, March 27,
1968)
To the Courts
Candor, fairness, and Good faith
towards the courts
A lawyer owes candor, fairness and
good faith to the court. (Canon 10, CPR)
NOTES:
a) A lawyer is, first and foremost, an
officer of the court. Accordingly,
should there be a conflict between his
duty to his client and that to the court,
he should resolve the conflict against
the former and in favor of the latter,
his primary responsibility being to
uphold the cause of justice. (Cobb
Perez v. Lantin, G.R. No. L-22320,
July 29, 1968)
b) Candor in all of the lawyer’s dealings
is the very essence of honorable
membership in the legal profession.
c) (Cuaresma v. Daquis, G.R. No.
35113, March 25, 1975)
d) A lawyer’s conduct before the court
should be characterized by candor
and fairness. The administration of
justice would gravely suffer if
lawyers do not act with complete
candor and honesty before the courts.
(Serena v. Sandiganbayan, G.R. No.
162059, January 22, 2008)
A lawyer shall not do any falsehood,
nor consent to the doing of any in court; nor
shall he mislead, or allow the court to be
misled by any artifice. (Rule 10.01, Canon
10, CPR)
A lawyer shall not knowingly
misquote or misrepresent the contents of a
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paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a
provision already rendered inoperative by
repeal or amendment, or assert as a fact that
which has not been proved. (Rule 10.02,
the respect due to the courts and to judicial
Canon 10, CPR)
officers and should insist on similar conduct
by others. (Canon 11, CPR)
NOTE:
A lawyer who deliberately made
it appear that the quotations in his motion
for reconsiderations were findings of the
Supreme Court, when they were just part
of the memorandum of the Court
Administrator, and who misspelled the
name of the complainant and made the
wrong citation of authority is guilty of
violation of this rule. (COMELEC v.
Noynay, G.R. No. 132365, July 9, 1998)
A lawyer shall observe the rules of
procedure and shall not misuse them to
defeat the ends of justice. (Rule 10.03,
Canon 10, CPR)
NOTE:
Filing multiple actions constitutes
an abuse of the court’s processes. Those
who file multiple or repetitive actions
subject themselves to disciplinary action
for incompetence or willful violation of
their duties as attorneys to act with good
fidelity to the courts, and to maintain
only such actions that appear to be just
and consistent with truth and honor.
(Olivares v. Villalon, A.C. No. 6323,
[2007])
Respect to the Courts and Judicial
Officers
A lawyer shall observe and maintain
NOTES:
All lawyers are expected to
recognize the authority of the Supreme
Court and obey its lawful processes and
orders. Despite errors which one may
impute on the orders of the Court, these
must be respected, especially by the bar
or the lawyers who are themselves
officers of the courts. (Yap-Paras v. Atty.
Paras, A.C. No. 4947, June 7, 2007)
Liberally imputing sinister and
devious motives and questioning the
impartiality, integrity and authority of the
members of the Court result in the
obstruction and perversion of the
dispensation of justice. (Estrada v.
Sandiganbayan, G.R. No. 159486-88,
November 2000)
Bar Question 2015
XVI
Atty. Luna Tek maintains an account in
the social media network called Twitter
and has 1,000 followers there, including
fellow lawyers and some clients. Her
Twitter account is public so even her
non-followers could see and read her
posts, which are called tweets. She
oftentimes takes to Twitter to vent about
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Bar Question 2015
XVI
Atty. Luna Tek maintains an account in
the social media network called Twitter
and has 1,000 followers there, including
fellow lawyers and some clients. Her
Twitter account is public so even her
non-followers could see and read her
posts, which are called tweets. She
oftentimes takes to Twitter to vent about
her daily sources of stress like traffic or
to comment about current events. She
also tweets her disagreement and disgust
with the decisions of the Supreme Court
by insulting and blatantly cursing the
individual Justices and the Court as an
institution.
a. Does Atty. Luna Tek act in a manner
consistent with the Code of Professional
Responsibility? Explain the reasons for
your answer. (3%)
Answer:
Atty. Luna Tek acted contrary to mandate
of the CPR, Canon 11 stating “A lawyer
shall observe and maintain the respect
due to the courts and to judicial officers
and should insist on similar conduct by
others.
b. Describe the relationship between a
lawyer and the courts. (3%)
Answer:
A lawyer is an officer of the Courts. As
such a lawyer owes candor, fairness and
good faith to the court. (Canon 10)
A lawyer shall observe and maintain the
respect due to the courts and to judicial
officers and should insist on similar
conduct by others. (Canon 11) A lawyer
shall exert every effort and consider it his
duty to assist in the speedy and efficient
administration of justice. (Canon 12)
Assistance in the Speedy and Efficient
Administration of Justice
A lawyer shall exert effort and
consider it his duty to assist in the speedy
and efficient administration of justice.
(Canon 12, CPR)
NOTES:
The filing of another action
concerning the same subject matter, in
violation of the doctrine of res judicata,
runs contrary to this Canon. (Lim v.
Montano, A.C. No. 5653, February 27,
2006)
While lawyers owe their entire
devotion to the interest of the client and
zeal in the defense of their client’s right,
they are also officers of the court, bound
to exert every effort to assist in the
speedy and efficient administration of
justice. They should not misuse the rules
of procedure to defeat the ends of justice
or unduly delay a case, impede the
execution of a judgment or misuse court
processes. The facts and the law should
advise them that a case such as this
should not be permitted to be filed to
merely clutter the already congested
judicial dockets. They do not advance the
LEGAL ETHICS 15
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cause of law or their clients by
commencing litigations that for sheer
lack of merit do not deserve the attention
of the courts. (Eternal Gardens Memorial
Park Corp. v. CA, G.R. No. 123698,
August 5, 1998)
The duty of a lawyer to assist in
the speedy and efficient administration of
justice includes the duty to refrain from
talking to his witness during a break or
recess in the trial while the witness is still
under examination. (Rule 12. 05, Canon
12, CPR)
The dilatory tactics of the defense
counsel and the failure of both the judge
and the fiscal to take effective counter
measures to obviate the delaying acts
constitute obstruction of justice. (People
v. Jardin, G.R. Nos. L-33037-42, Aug.
17, 1983)
Forum Shopping
There is forum shopping when a
party repetitively avails of several judicial
remedies in different courts or successively
All substantially founded on the same
transactions and the same essential facts and
circumstances and all raising substantially
the same issues either pending in or already
involved adversity by some other court.
(Sotto v. Palicte, G.R. No. 159691, February
17, 2014)
Instances of Forum Shopping
a) When, as a result of an adverse opinion
in one forum, a party seeks a favorable
opinion in another forum, (other than by
appeal or certiorari);
b) When he institutes two or more actions
or proceedings grounded on the same
cause, on the gamble that one or the
other court would make a favorable
disposition;
c) Filing a second suit in a court without
jurisdiction. (New Pangasinan Review,
Inc. v. NLRC, 196 SCRA 55 [1991]);
d) Filing an action in court while the same
cause of action is still pending in an
administrative proceeding. (Earth
Minerals Exploration, Inc. v. Macaraig,
194 SCRA 1 [1991]); and
e) When counsel omits to disclose the
pendency of an appeal, in filing a
certiorari case. (Collado v. Hernando,
161 SCRA 639 [1988])
Reliance on the merits of his cause and
avoidance of any impropriety which
tends to Influence or gives the
appearance of influence upon the
courts
A lawyer shall rely upon the merits
of his cause and refrain from any
impropriety which tends to influence, or
gives the appearance of influencing the
court. (Canon 13, CPR)
A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity
with Judges. (Rule 13.01, Canon 13, CPR)
NOTES:
Lawyers should not seek for
opportunity to cultivate familiarity with
judges. A lawyer who resorts to such
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practices of seeking familiarity with

judges dishonors his profession and a
judge who consents to them is unworthy
of his high office.

It is improper for a litigant or

counsel to see a judge in chambers and
talk to him about a matter related to the
case pending in the court of said judge.
(Austria v. Masaquel, G.R. No. 22536,
August 31, 1967)

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