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LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 1
CHAPTER 1 -
INTRODUCTORY
Preliminary Legal Ethics
1. 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. 2. It is the embodiment of all
principles of morality and
refinement that should govern the conduct of every member of
the bar The law is not a trade nor a craft but a
profession. Its basic ideal is to render public service
and secure justice to those who seek its aid.
Those enrolled in its ranks should not only master its tenets and principles but
also accord continuing fidelity to them. Obligation not an easy task due to
commercialism in all fields of human endeavor.
To fulfill obligation:
1. Professional standards be constantly inculcated among
lawyers. 2. ―Manual of equipment‖ – rules
and ethics of the profession collated, readily available to
every attorney.
Sources of Legal Ethics: 1. The 1987 Constitution.
2. Applicable Jurisprudence. 3. Code of Professional
Responsibility. 4. New Civil Code.
5. Rules of Court. 6. Revised Penal Code. 7. Local Government Code.
PRIMARY CHARACTERISTICS WHICH
DISTINGUISH THE LEGAL PROFESSION
FROM BUSINESS
1. A duty of public service.
2. A relation, as an ―officer of the court‖, to the administration of
justice involving thorough sincerity, integrity and reliability.
3. A relation to clients with the highest degree of fiduciary
4. A 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.
Definitions ―LEGAL ETHICS‖
o Body of all principles of morality
and refinement that should govern the conduct of every
member of the bar. o ―Living spirit of the profession.‖
o Branch of moral science which treats of duties which an attorney
owes to the court, to his client, to his colleagues, and to the public.
Terms used to describe a member of the legal profession:
o Lawyer, Attorney, or Attorney-At-Law.
o Advocate, Barrister, Counsel or Counselor.
o Proctor, Solicitor. o Spanish: Abogado. o Filipino: Manananggol.
The term refers to that class of persons who by license are officers of the court
empowered to appear, prosecute, and defend.
A person who is a member of the Philippine Bar who, by warrant of
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 2
another, practices law, or acts
professionally in legal formalities. Those who passed the Shari’a Bar not
entitled to be called ―Attorneys‖ unless admitted to the Philippine Bar.
Counsel de parte:
o An attorney retained by a party litigant, usually for a fee, to
prosecute or defend his cause in court.
o Implies freedom of choice either on the attorney or the litigant.
Counsel de oficio: o Attorney appointed by the court.
o To defend an indigent defendant in a criminal action.
o To represent a destitute party. Attorney of record:
o Attorney whose name, together with his address, is entered in the
record of the case as the designated counsel of the party litigant.
o To whom judicial notices are sent.
A lawyer “of counsel” is an experienced lawyer, who is usually a
retired member of judiciary employed by law firms as consultant.
Amicus Curiae is: o An experienced and impartial
attorney invited by the court to appear and help in the disposition
of issues submitted to it. o It implies friendly intervention of
counsel to call the attention of the court to some matters of law
or facts which might otherwise escape its notice and in regard to which it might go wrong.
o Appears in court not to represent any particular party but only to
assist the court. Amicus Curiae par excellence – bar
associations who appear in court as amici curiae or friends of the court. Acts
merely as a consultant to guide the
court in a doubtful question or issue pending before it.
“Bar” refers to the legal profession. “Bench” refers to the judiciary. Client – one who engages the services
of a lawyer for legal advice or for purposes of prosecuting or defending a
suit in behalf and usually for a fee. Lawyer – this is the general term for a
person trained in the law and authorized to advice and represent
others in legal matters Attorneys-At-Law – that class of
persons who are licensed officers of the courts empowered to appear, prosecute
and defend, and upon whom peculiar duties, responsibilities and liabilities are
developed by law as a consequence. Attorney in fact- simply an agent
whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power
of attorney or general power of attorney or letter of attorney. He is not
necessarily a lawyer. Bar Association – an association of
members of the legal profession like the IBP where membership is integrated or
compulsory. House Counsel – one who acts as
attorney for business though carried as an employee of that business and not
as an independent lawyer. Lead Counsel – the counsel on either
side of a litigated action who is charged with the principal management and
direction of a party’s case, as distinguished from his juniors or subordinates.
Practicing Lawyer – one engaged in the practice of law who by license are
officers of the court and who are empowered to appear, prosecute and
defend a client’s cause.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 3
Pro Se - an appearance by a lawyer in
his own behalf. Trial Lawyer – one who personally
handles cases in court, administrative agencies of boards which mean engaging in actual trial work, either for
the prosecution or for the defense of cases of clients.
Power to regulate practice of law
The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The constitutional power to admit
candidates to the legal profession is a judicial function and involves the
exercise of discretion. Const art. XII, sec. 14.
o The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
The SC acts through a Bar Examination
Committee in the exercise of its judicial function to admit candidates to the
legal profession. Thus, the Committee is composed of a member of the Court
who acts as Chairman and 8 members of the bar who acts as examiners in the
8 bar subjects with one subject assigned to each.
Practice of law is impressed with public interest.
o Attorney takes part in one of the most important functions of the
State – The Administration of Justice.
o Duty of the State to control and regulate the practice of law to promote public welfare.
Practice of law is inseparably connected with the exercise of its judicial power in
the administration of justice. LEGISLATURE’S EXERCISE OF POLICE
POWER may enact laws regulating the practice of law but may not pass a law
that will control the Supreme Court on
its function to decide who may enjoy the privilege of practicing law. Could be
considered unconstitutional. SC POWER TO REGULATE PRACTICE OF
LAW includes:
1. Authority to define that term. 2. Prescribe qualifications of a
candidate and the subjects of the bar exams.
3. Decide who will be admitted to the practice.
4. Discipline, suspend, or disbar any unfit or unworthy member of the
bar. 5. Reinstate any disbarred attorney.
6. Ordain the integration of the Philippine bar.
7. Punish for contempt any person for unauthorized practice of law.
8. Exercise overall supervision of the legal profession.
9. Exercise any other power as may
be necessary to elevate the standards of the bar and preserve
its identity.
Power to regulate the practice of law is not an arbitrary or despotic power to be
exercised at the pleasure of the court. It is the duty of the court to exercise it
by a sound and just judicial discretion.
Nature of office of attorney An attorney is more than a mere agent
because he possesses special powers of trust and confidence reposed in him by
his client. Independent as the judge. In a limited sense, a public officer,
although not in the constitutional or statutory meaning of the term.
Occupies a quasi-judicial office because he is in fact an officer of the court.
The title “Attorney” is reserved to those who has:
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 4
1. obtained the necessary degree in
the study of law; 2. successfully taken the bar exams;
3. admitted to the IBP; 4. remain members thereof in good
standing;
5. been authorized to practice law in the Philippines.
Membership in the bar is in the category of a mandate of public service
of the highest order. Lawyers are oath-bound servants of
society whose conduct are clearly circumscribed by the inflexible norms of
law and ethics. Primary duty is to the advancement of
the quest of truth and justice.
Privileges of an attorney 1. Privilege and right to practice law
during good behavior before any judicial, quasi-judicial, or administrative tribunal.
2. Attorneys enjoy the presumption of regularity in the discharge of his duty.
(His statements, if relevant or material to the case, are absolutely privileged
regardless of their defamatory tenor. He can speak freely and courageously
in proceedings without the risk of criminal prosecution.)
3. Other privileges inherent in his status as quasi-judicial officer:
a. Passing the bar is equivalent to First-grade Civil Service eligibility
for any position in the classified service of the government, the
duties of which require knowledge of law.
b. Second-grade eligibility for any
other government position not requiring proficiency in the law.
4. The court, in admitting him to practice, presents him to the public as worthy of
its confidence and as a person fit and
proper to assume and discharge the
responsibilities of an attorney. 5. Has the privilege to set the judicial
machinery in motion.
He can stand up for his right or the
right of his client even in the face of a hostile court.
He has the right to protest, in respectful language, any unwarranted treatment
of a witness or any unjustified delay. The rights and privileges which they
enjoy as officers of the court are necessary for the proper administration
of justice as for the protection of attorney and his client.
―There can be no strong bar without courageous and fearless attorneys.‖
As a man of law, his is necessarily a leader in the community, looked up to
as a model citizen. Integrity, ability, and learning often
makes him qualified to administer the
Executive Departments or the Legislative bodies.
Duties of Attorneys (Rule 138, Sec 20)
– MEMORIZE! It is the duty of an attorney:
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 to be just, and such defenses 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
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 5
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, from 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 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.
FOUR-FOLD DUTIES OF A LAWYER
1. Duties to SOCIETY – should not violate his responsibility to society,
exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of
special role in the solution of special problems and be always ready to lend
assistance in the study and solution of social problems.
2. Duties to the LEGAL PROFESSION – candor, fairness, courtesy and
truthfulness, avoid encroachment in the
business of other lawyers, uphold the honor of the profession.
3. Duties to the COURT – respect or defend against criticisms, uphold authority and dignity, obey order and
processes, assist in the administration of justice.
4. Duties to the CLIENT – entire devotion to client’s interest.
Public versus private and personal
duties PUBLIC DUTY:
o Obey the law. o Aid in the administration of
justice. o Cooperate whenever justice is
imperiled. PRIVATE DUTY:
o Faithfully, honestly, and conscientiously represent the interest of his client.
PERSONAL DUTY, the obligation he owes to himself.
Such classification of public and
personal results from the three-fold capacity in which attorneys operate:
o As a Faithful Assistant of the court in search of just solution to
disputes (Public Duty). o As a Trusted Agent of his client
(Private Duty). o As a Self-employed Businessman
(Personal Duty). Rules and ethics demand that an
attorney subordinate his personal and private duties to those which he owes to the court and to the public.
Where his duties to his client conflict with those he owes to the court and the
public, the former must yield to the latter.
His obligations to his client take precedence over his duties to himself.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 6
Practice of law as a profession The practice of law is a profession, a
form of public trust, the performance of which is entrusted only to those who are qualified to possess good moral
character. The legal profession is not a trade.
To render public service and secure justice to those who seek its aid.
It is not a business, using bargain counter methods to reap large profits.
The gaining of livelihood is not a profession, but a secondary
consideration. The Code of Professional Responsibility,
particularly the ethical rule against advertising or solicitation of
professional employment, rests on the fundamental postulate that the practice
of law is a profession. Profession – A calling requiring
specialized knowledge and often
requiring long academic preparation. In fixing fees, remember that ―the
profession is a branch of the administration of justice and not a mere
money-making trade.‖ Law advocacy is not capital that yields
profits. A calling, unlike mercantile pursuits
which enjoy a greater deal of freedom from government interference, is
impressed with public interest. Attorney is also entitled to protection
from the court against any attempt by his client to escape payment of his just
fees. Client is also protected against exaction
by his counsel of excessive fees.
Primary Characteristics
distinguishing the Legal Profession from Business:
1. A duty of public service, emolument is a by-product.
2. A relation as officer of the court
to the administration of justice involving thorough sincerity,
integrity, and reliability. 3. Relation to the client in the
highest degree fiduciary.
4. 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. These characteristics make it a noble
profession and the privilege to practice it is bestowed only upon individuals who
are competent intellectually, academically, and morally.
A partnership in the practice of law is a mere relationship or association for
such particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of carrying on a trade or
business or of holding property. Even if registered with the SEC, any
lawyer practicing under a law partnership is considered a solo
practitioner who is the taxpayer and not the law partnership.
Law prohibits a business or commercial partnership or juridical entity to engage
in the practice of law since such cannot possess nor comply with the
qualifications and requirements of a lawyer.
Necessity of representation by counsel
Employment of a person acquainted with the rules becomes a necessity both to the litigant and to the court.
Litigant is not ordinarily versed in the law and its intricacies.
A court can adjudicate only in accordance with the law and the facts
presented pursuant to well-established rules of procedure and evidence.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 7
A person unlearned in the law can
neither aid litigants nor the court in that regard.
Only a lawyer can properly and effectively extend such assistance.
The law profession came into being as a
result of that procedural development of the court, which created the
necessity for the attorney and made him an essential part of the judicial
machinery. The right of a litigant to counsel is a
recognition of the necessity that a litigant appear by counsel.
There can be no fair hearing unless a litigant is represented by counsel.
A court cannot compel a litigant to prosecute or defend his cause
personally if he chose to appear by counsel, nor can it assign a counsel de
oficio for an accused and require said counsel to proceed with the trial when the accused has previously manifested
his desire to secure the services of a counsel de parte.
SC subjects the lawyer to disciplinary action and administrative liability for his
failure to properly attend to the interest of his client.
Need for, and right to, counsel
Party litigant needs the assistance of counsel in al proceedings,
administrative, civil, or criminal. Not being a lawyer, he is ignorant of
the substantive and procedural laws which are applied to resolve disputes.
Even if he is a lawyer, his personal or emotional involvement may adversely affect his handling of the case. Thus,
even lawyers who are parties in a case need the guiding hand of counsel.
The need of a person for the assistance of counsel is felt more urgently in
criminal than in any other proceeding.
In custodial investigations, any person
under such for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
choice and any confession in violation of such shall be inadmissible in evidence
against him.
Consequences of denial of right to counsel
The denial of such right, which may either be the absence of assistance of
counsel or the inadequate and grossly negligent representation may have
adverse results. 1. Admission of guilt without
counsel, inadmissible in evidence. 2. Representation of a person
claiming to be a lawyer, conviction shall be set aside and a new trial undertaken.
3. Judgment of conviction even if final and executor may still be
recalled. 4. Gross ignorance of law and
procedure by counsel gives the accused another chance to
present his evidence. 5. Litigation may be reopened if the
incompetence, ignorance, or inexperience of counsel is so
great and error committed is so serious that the client is
prejudiced and denied his day in court.
When appearance by counsel not obligatory
In the Municipal Trial Court, a party may conduct his litigation in person or
with the aid of an agent or friend appointed by him or with an aid of an
attorney.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 8
In Regional Trial Court and Appellate
Courts, a party to a civil suit may either conduct his litigation personally or by
attorney unless the party is a juridical person.
In Administrative Proceedings, right to
counsel is not indispensable to due process. If a respondent had chosen to
represent himself without counsel cannot later claim denial of due
process. Nothing in the Constitution that says
that a party in a non-criminal proceeding is entitled to be represented
by counsel. The rule applies only in Civil and
Administrative cases. It does not apply in cases involving grave and less grave
offenses where the accused must be represented by counsel and such right
is not waivable. Canons of professional responsibility
A lawyer is answerable not only to his client but also to the court of which he
is an officer. He should do nothing which may tend
to lessen the public confidence in the fidelity, honesty, and integrity of the
legal profession. Professional standards serve as the
lawyer’s chart and compass to resolve difficult questions of duty and help
minimize ethical delinquencies. In 1917, the Philippine Bar Association,
realizing that something more than the Oath and Duties of a Lawyer was
needed to attain the full measure of public respect, adopted as its own Canons 1 to 32 of the Canons of
Profession Ethics of the American Bar Association.
In 1946, it again adopted as its own, Canons 33 to 47.
Their enforcement by the courts and observance by lawyers is indicative of a
due appreciation of their responsibilities
to the courts, to the clients, to the bar, and to the public
Supreme Court applied some of the Canons in case of professional misconduct.
The Integrated Bar of the Philippines adopted in 1980 a proposed Code of
Professional Responsibility submitted to the Supreme Court for approval.
In 1988, the Supreme Court promulgated the Code of Professional
Responsibility. The Code consists of 22 Canons and 77
Rules, divided into 4 Chapters: 1. The Law and Society.
2. The Lawyer and the Legal Profession.
3. The Lawyer and the Courts. 4. The Lawyer and the Clients.
The Code establishes the norms of conduct and ethical standards for all lawyers.
Failure to live up to any of its provisions is ground for disciplinary action.
Faithful observance requires a thorough understanding of the Code.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 9
CHAPTER 2 –ADMISSION
TO PRACTICE
A. JUDICIAL CONTROL
Admission to practice is a judicial function
The power to admit applicants to the practice of law is judicial in nature and
involves the exercise of judicial discretion.
Traditionally exercised by the Supreme
Court as an inherent part of its judicial power.
Rationale comes from the nature of a judicial function and the role played by
attorneys in the administration of justice.
The admission to the practice of law
requires: 1. Previously established Rules and
Principles. (By Constitutional mandate, a primary responsibility
of the Supreme Court) 2. Concrete Facts, past or present,
affecting determinate individuals.
(Brought about by the applicant for admission to the bar)
3. A Decision as to whether the facts are governed by rules and
principles. (Involves judicial adjudication which essentially a
function of the court)
To enable the court to properly discharge its responsibility for the
efficient and impartial administration and to elevate and maintain the
standard of the legal profession requires that it must have the primary
duty to decide: A. Who may be admitted to the bar
as one of its officers.
B. What are the causes for
disciplinary action against him. C. Whether he should be disciplined,
suspended, disbarred, or reinstated.
Any legislative or executive judgment substituting that of the Supreme Court
in the admission to the practice of law or suspension, debarment,
reinstatement infringes upon and constitutes as an invalid exercise of the
legislative or executive power.
Legislative power to repeal, alter, or supplement
The 1935 and 1973 Constitutions provide that the Supreme Court shall
have the power to promulgate rules concerning the admission to the
practice of law but may be repealed, altered, or supplemented by the Batasang Pambansa.
The 1987 Constitution deleted such provision.
The legislature may, however, enact laws with respect to the first requisite
for the admission to the bar (Previously established Rules and Principles) that
applicants should observe. A. The legislature may pass a law
for additional qualifications for candidates for admission to the
practice or filling up deficiencies in the requirements for admission
to the bar. B. Such law may not, however, be
given retroactive effect so as to entitle a person, not otherwise qualified, to be admitted.
C. Such law will not preclude the Supreme Court from fixing other
qualifications and requirements. Reason: Legislature has no power to
grant a layman the privilege to practice law nor control the Supreme Court in its
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
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responsibility to decide who may be
admitted.
The Legislature, in the exercise of its POLICE POWER may, however, enact laws regulating the practice of law
to protect the public and promote the public welfare.
1. A law declaring illegal and punishable the unauthorized
practice of law. 2. Require further examination for
any attorney desiring to practice before any quasi-judicial or
administrative agency. Whatever law may be passes is merely
in aid of the judicial power to regulate. But the legislature MAY NOT pass a law
that will control the Supreme Court in the performance of its function to
decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional as an invalid exercise
of legislative power. RA 972 (the Bar Flunkers Act) aims to
admit to the Bar, those candidates who suffered from insufficiency of reading
materials and inadequate preparation. By its declared objective, the law is
contrary to public interest because it qualifies 1,094 law graduates who
confessedly had inadequate preparation for the practice of the profession, as
was exactly found by this Tribunal in the aforesaid examinations. An
adequate legal preparation is one of the vital requisites for the practice of law
that should be developed constantly and maintained firmly.
Executive power in relation to practice The Chief Executive cannot, by
executive order, admit a person to the practice of law nor can he, by treaty
with another country, modify the rules on the admission to the bar.
A treaty, cannot be so interpreted as to
entitle a holder of a law degree obtained in another country to practice
law in this country without complying with the requirements of existing law.
Accordingly, a Filipino citizen who
obtained a law degree in another country is not entitled to be admitted to
the Philippine Bar without complying with the requirements.
Prescribing standards for law schools
CHED acts as an agency or in aid of the Supreme Court in the exercise of its
primary authority to determine who may be admitted to practice since such
authority is by Constitutional mandate and rests and remains exclusively with
the high tribunal. CHED merely:
1. Exercises regulatory power over law schools or certifies as to the satisfactory completion of the
prescribed courses of law study by an applicant for admission to
the bar examination. 2. Assumes some responsibility for
the quality of instruction and training required of an applicant
for membership in the bar.
Supreme Court incidental powers (Incidental to its primary authority to
decide who may be admitted to the bar):
1. Fixing minimum standards of instruction for all law schools to
observe. 2. Setting up of the necessary
administrative machinery to
determine compliance therewith. 3. By way of sanction, refusal to
admit to the bar exams law graduates from schools failing to
meet those standards. May be
LEGAL ETHICS Based on the book
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implemented through
accreditation.
B. WHAT CONSTITUTES PRACTICE OF LAW
Practice of Law, generally General principles and doctrines laid
down by the courts explaining the meaning and scope of the term:
1. To engage in the practice of law is to do any of those acts which
are characteristic of the legal profession.
2. Any activity in or out of court which requires the application of
law, legal principle, practice or procedure and calls for legal
knowledge, training and experience. (Cayetano vs
Monsod) 3. It is not limited to the conduct of
cases in court.
4. Includes legal advice, counseling, and the preparation of legal
instruments and contracts by which legal rights are secured,
which may or may not be pending in court.
5. Strictly speaking, the word practice of law implies the
customary or habitual holding out of oneself to the public as a
lawyer and demanding compensation for his services.
[People vs. Villanueva 14 SCRA 111]
Three Principal Types of
Professional Activities:
1. Legal advice and instructions to the clients to inform them of their
rights and obligations. 2. Preparation for clients of
documents requiring knowledge
of legal principles not possessed
by ordinary layman. 3. Appearance for clients before
public tribunals.
When a person participates in a trial
and ―advertises‖ himself as a lawyer, he is in the practice of law.
Giving advice for compensation regarding the legal status and rights of
another constitutes practice of law. One who renders an opinion as to the
proper interpretation of a statute and receives pay for it, is to that extent,
practicing law.
Engaging in the practice of law presupposes the existence of a lawyer-
client relationship. Where a lawyer undertakes an activity
without any such relationship, such as teaching law or writing law books or legal articles cannot be said to be
engaged in the practice of his profession as a lawyer.
Characteristics of term “Practice of
Law” The phrase ―practice of law‖ implies
customarily or habitually holding oneself out to the public, as a lawyer,
for compensation as a source of livelihood or in consideration of his
service. Holding oneself out may be shown by
acts indicative of that purpose. Thus, a layman is illegally engaged in
the practice when he sends a circular announcing the establishment of a law office for the general practice of law, or
when the takes the oath of office as a lawyer before a notary public and files a
manifestation with the Supreme Court informing his intention to practice law.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
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Private practice consists of frequent and
customary actions, more than an isolated appearance.
It contemplates succession of acts of the same nature habitually and customarily holding oneself out to the
public as a lawyer. Isolated Appearance:
A. A judge who is prohibited from engaging in private practice of
law has not violated this prohibition when he appeared as
counsel for his cousin pro bono in a criminal case.
B. Appearance as counsel in one occasion is not conclusive as
determinative of engagement in the practice of law.
C. Appearance of a city attorney as private prosecutor not within the
prohibition. (People vs. Villanueva)
An isolated appearance may, however, amount to practice:
1. Legislator cannot appear as counsel before any court of
justice or Electoral Tribunals, or quasi-judicial and administrative
bodies even in a single instance. 2. A layman’s representation as
defense counsel in a criminal case is invalid and the conviction of
the accused may be set aside, as violative of due process.
Representation before the court
Practice of law, as customarily understood, means:
1. Rendering of services to a
person, natural or juridical, in court on any matter through
various stages and in accordance with rules of procedure.
2. Appearance before the court.
3. Preparation and filing of a
pleading, motion, memorandum, or brief.
4. Examination of witnesses and presentation of evidence.
5. Management and control of the
proceedings in court.
Representation before other agencies Appearances before any quasi-judicial,
administrative, or legislative agency constituting practice of law:
1. Interpretation and application of laws.
2. Presentation of evidence to establish certain facts.
3. Representing an applicant for registration of trademark, trade
name, or service mark in the Philippine Patent Office.
4. Advocating or resisting claims before the NLRC, BoC, or BIR.
5. Representing before a legislative
body regarding a proposed legislation or ordinance.
Character of the service and not the
place where it is performed is the decisive factor determinative of whether
the service constitutes practice of law. Service to prepare and prosecute a just
claim before a quasi-judicial or administrative body same and
legitimate as the service rendered in court in arguing a cause.
Activity outside of court
Practice of law also consists of work performed outside of court:
o Giving legal advice on large
variety of subjects. o Conveyancing and preparation
and execution of legal instruments covering an
extensive field of business and trust and other affairs.
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No valid distinction can be drawn
between part of the work involving appearance in court and that part
involving advice and drafting of instruments in his office.
Practice of law need not be habitual
services in litigations in court. A person’s past work experiences as
lawyer-economist, lawyer-manager, lawyer-entrepreneur of industry,
lawyer-negotiator of contracts, and lawyer-legislator more than satisfy the
constitutional requirement for appointment as Chairman of the
COMELEC that he has been engaged in the active practice of law for at least
ten years. (Cayetano v Monsod)
ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF LAW: (HACA)
1. Habituality- implies customarily or habitually holding oneself out to the
public as a lawyer 2. Compensation- implies that one
must have presented himself to be 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 said services.
3. Application of law, legal principle, practice, or procedure
which calls for legal knowledge, training and experience.
4. Attorney-client relationship.
C. WHO MAY PRACTICE LAW
Persons entitled to practice law, generally
Any person who has been duly licensed
as a member of the bar in accordance with the statutory requirements and
who is in good and regular standing is entitled to practice law.
Two basic statutory requirements:
1. Must have been admitted to the bar.
2. After admission, must remain in good and regular standing (a
continuing requirement).
Must have been admitted to the bar. A lawyer is one who:
1. Passed the bar exams. 2. Taken the lawyer’s oath before
the Supreme Court en banc. 3. Signed in the roll of attorneys.
4. Received a certificate of license to practice law from the Clerk of
Court of the Supreme Court. 5. Furnished satisfactory proof or
educational, moral, and other
qualifications.
After Admission he or she must: 1. Remain an IBP member in good
standing by regularly paying IBP dues and other lawful assessments.
2. Pay annual privilege tax. 3. Faithfully observe the rules and
ethics of the legal profession. 4. Be continually subjected to judicial
disciplinary control.
Compulsory membership to the IBP is not violative of a lawyer’s freedom of
association. Integration does not make a lawyer a member of any group of which he is already a member. He
became a member of the bar when he passed the Bar Examinations. Bar
integration does not compel the lawyer to associate with anyone. He is free to
attend or not attend the meetings of his Integrated Bar Chapter or vote or
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refuse to vote in its elections as he
chooses. The only compulsion to which he is subjected is the payment of
annual dues. The Supreme Court, in order to further the State’s legitimate interest in elevating the quality of
professional legal services, may require that the cost of improving the
profession in this fashion be shared by the subjects and beneficiaries of the
regulatory program — the lawyers [In re: Edillon A.M. 1928]
The rigid requirements and conditions
are designed to admit to its ranks only those who are adequately prepared,
mentally and morally, to discharge the duties of an attorney.
The purpose, in the final analysis, is to protect the public, the court, the client,
and the bar from incompetence and dishonesty of those who are unfit to become members.
Only those who are competent, honorable, and reliable may practice
law.
Right and Privilege to practice
The practice of law is not a natural,
property or constitutional right but a mere privilege.
It is not a right granted to anyone who demands it but a privilege to be
extended or withheld in the exercise of sound judicial discretion.
It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and
good conduct. It is a privilege accorded only to those
who measure up to certain rigid standards of mental and moral fitness.
Those standards are neither dispensed with nor lowered after admission.
The attorney’s continued enjoyment of
the privilege conferred depends upon his complying with the ethics and rules
of the profession.
But practice of law is in the nature of a right. While the practice of law is a
privilege, a lawyer cannot be prevented from practicing law except for valid
reasons, the practice of law not being a matter of state’s grace or favor.
He holds office during good behavior and can only be deprived of it for
misconduct. The state cannot exclude an attorney
from the practice of law in a manner or for reasons that contravene the due
process or equal protection clause of the Constitution.
A quasi-judicial or administrative
agency cannot restrict a lawyer’s
privilege to practice law by imposing conditions that amount to
discrimination nor limit such privilege by requiring the passing of an
examination not sanctioned by law as a prerequisite to appearing before such
agency. In that sense, the practice of law is in
the nature of a right which cannot be lightly or capriciously taken away from
him.
Practice without examination Exceptions to the privilege afforded to
Filipino citizens who have passed the bar exams to practice law:
A. Citizens of the United States who:
1. Before July 4, 1946, were duly licensed members* of
the Philippine Bar. 2. In active practice in the
courts of the Philippines.
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3. In good and regular
standing as such. 4. Took the oath of office.
*Pursuant to the comity clause of the then Rules of Examination of Candidates for Admission to the Practice of Law in the US
during the American Regime. B. Filipino citizens*, in the discretion
of the Court may be admitted without examination, who:
1. Are applicants for admission and are enrolled
attorneys in good standing in the Supreme Court of
the United States or in any circuit court of Appeals or
district court therein, or in the highest court of any
State or Territory of the United States.
2. Can show certificates that they have practiced before July 4, 1946.
3. Have never been suspended or disbarred.
*Rule 138, Sec. 4, Rules of Court.
Practice without admission General Rule: Only those who are
licensed to practice law can appear and handle cases in court.
Exceptions:
1. Before the MTC - a party may conduct his case or litigation in
person with the aid of an agent or friend appointed by him. [Sec. 34,
Rule 138] 2. Before any other court – a party
may conduct his litigation
personally. [Sec. 34, Rule 138]. He is bound by the same rules in
conducting the trial of his case. He cannot, after judgment, claim that
he was not properly represented.
3. 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 that province, of good repute for probity
and ability to represent the accused in his defense. [Sec. 7, Rule 116]
4. Student Practice Rule - A law student who has successfully
completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law school’s clinical
legal education program approved by the SC – 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 school. [Sec. 1, Rule 138-A] The student shall be under the direct
supervision and control of a member of the IBP duly accredited by the law
school. [Sec. 2] 5. Under the Labor Code – non-
lawyers may appear before the NLRC or any Labor Arbiter if they
(a) represent themselves; (b) represent their organization or
members thereof [Art. 222, PD 442]
6. A non-lawyer or layman may represent a claimant before the
Cadastral Court [Sec. 9, Act. No. 2259]
7. Any official or other person appointed to appear for the Government of the Philippines in
accordance with law shall have all the rights of a duly authorized
member of the bar in any case in which said government has an
interest [Sec. 33, Rule 138].
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Three Limitations in the appearance
of a layman on behalf of another: 1. Layman should confine his work
to non-adversary contentions. Should not undertake purely legal work such as examination of
witnesses or presentation of evidence.
2. Services should not be habitually rendered.
3. Should not charge or collect attorneys’ fees.
Right of party to represent himself
In Civil Cases, individual litigant has the right to conduct his litigation
personally. He will still be bound by the same rules
of procedure and evidence as those applicable to a party appearing through
counsel. He may not be heard to complain later
that he has been deprived of the right
to the assistance of counsel. In Criminal Cases involving grave and
less grave offenses, an accused who is a layman must always appear by
counsel. He cannot conduct his own defense, as his right to counsel may not
be waived without violating his right to due process of law.
By a Juridical Person: General Rule:Iit must always
appear in court by a duly licensed member of the bar.
Exception: In the MTC, it may be represented by its agent or officer
who need not be a lawyer. Practice by Corporation
It is well settled that a corporation CANNOT engage in the practice of law.
It may, however, hire an attorney to attend to and conduct its own legal
business or affairs.
But it cannot practice law directly or
indirectly by employing a lawyer to practice for it or to appear for others for
its benefit. Reasons:
1. Nature of the privilege and on the
confidential and trust relation between attorney and client.
2. The corporation (a juridical person) cannot perform the
conditions required for membership in the bar, such as
the possession of good moral character and other special
disqualifications, the taking of an oath and becoming an officer of
the court, subject to its discipline, suspension or removal.
3. The relation of trust and confidence cannot arise where
the attorney is employed by a corporation to practice for it, his employer and he owing, at best,
a secondary and divided loyalty to the clientele of his corporate
employer. 4. The intervention of the
corporation is destructive of that confidential and trust relation and
is obnoxious to the law.
Persons authorized to represent the government
Any official or other person appointed or designated in accordance with law to
appear for the government of the Philippines or any of its officials shall
have all the rights of a duly authorized member of the bar to appear in any case in which the government has an
interest, direct or indirect, or in which such official is charged in his official
capacity. [Sec. 33, Rule 138]. Solicitor General, Assistant Solicitor
General, Solicitors and Trial Attorneys,
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State Prosecutors, Special Counsel,
Special Prosecutor of the Ombudsman.
Three Instances when a lawyer cannot practice:
1. Appearance of Parties in Person. -
In all katarungang pambarangay proceedings, the parties must
appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers. (SEC. 415. Local
Government Code) 2. Appearance through a
representative must be for a valid cause. the representative of an
individual-party must not be a lawyer, and must be related to or
next-of-skin of the individual-party. juridical entities shall not be represented by a lawyer in any
capacity. (A. M. No. 08-8-7-SC, RULE OF PROCEDURE FOR SMALL
CLAIMS CASES) 3. A lawyer shall not, after leaving
government service, accept engagement or employment in
connection with any matter in which he had intervened while in
said service. (Rule 6.03, CANON 6)
Disability of Public Officials to practice
Appointment or Election to a government office disqualifies one to
practice law. 1. Public office is a Public Trust.
Obliged to perform duties with
exclusive fidelity. 2. Avoid conflict of interests.
3. Assure the people of impartiality in the performance of public
functions, thereby promote the public welfare.
When any of the public officials are absolutely prohibited, they cease, as a
general rule, to engage in private practice of law and the right to practice is suspended during tenure of office.
Lawyer member of the Legislature not
absolutely prohibited. Prohibited only from appearing as
counsel in: 1. Any court of justice.
2. Electoral Tribunals. 3. Quasi-Judicial or Administrative
bodies.
What is prohibited is to ―personally appear.‖
The word ―appearance‖ includes: 1. Arguing a case before any such
body. 2. Filing a pleading on behalf of a
client as ―by simply filing a formal
motion, plea or answer‖. Neither can he allow his name to
appear in such pleading by itself or as part of a 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 of agency, and because he will, by such act, be appearing in
court or quasi-judicial or administrative body in violation of the constitutional
restriction. ―He cannot do indirectly what the
Constitution prohibits directly‖. RESTRICTIONS IN THE PRACTICE OF
LAW OF THE MEMBERS OF THE SANGGUNIAN
They shall not: 1. Appear as counsel before any
court in any civil case wherein a local government unit or any
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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. [Sec. 90, R.A. 7160]
4. Use property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the
government However, Sanggunian members may
practice their professions, engage in any occupation, teach in schools except during session hours.
WHO MAY NOT PRACTICE LAW?
Relative Prohibition 1. Senators and members of the
House of Representatives (prohibition to appear)
2. Members of the Sanggunian. Absolute Prohibition
1. All members of the Judiciary 2. Judges and other officials as
employees of the Supreme Court. 3. Government prosecutors.
4. President, Vice President, members of the cabinet.
5. Members of Constitutional Commissions.
6. Ombudsman and his deputies.
7. Solicitor General and Assistant Solicitor General
8. All governors, city and municipal mayors.
9. Those prohibited by special laws
– retired members of the judiciary.
A Civil Service Officer can engage in the
practice of law only if:
1. The officer’s responsibilities do not require his time to be fully at
the disposal of the government. 2. With written permission from the
head of the department concerned.
A punong barangay needs to obtain
written permission from the Secretary of the DILG to appear as counsel.
Liability for unauthorized practice
Any person prohibited from engaging in the practice of law or assumes to be an
attorney is liable for contempt of court, punishable by fine or imprisonment or both.
Liable for Estafa, defrauds the litigant: 1. If such unauthorized practice
causes damage to a party. 2. False representation and
rendering service in court in behalf of litigant.
Criminal and Administrative Liability for
government officials prohibited from practicing law when doing such.
Remedies against unauthorized
practice 1. Injunction.
2. Declaratory Relief. 3. Contempt of Court. 4. Petition for Disqualification.
5. Complaint for Disbarment. 6. Administrative complaint for public
officer. 7. Criminal complaint for Estafa
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D. QUALIFICATIONS FOR ADMISSION
REQUIREMENTS FOR ADMISSION TO
THE BAR: 1. Citizen of the Philippines. 2. Resident of the Philippines
3. At least 21 years old 4. Successfully completed all prescribed
courses. 5. Passed the bar exams.
6. Production before the Supreme Court satisfactory evidence of:
a. Good moral character b. No charges against him,
involving moral turpitude, have been filed or are pending
in any court in the Philippines.
Citizenship and Residence Privilege denied to foreigners.
Takes into account the close connection of the practice of law with the administration of justice.
An alien cannot well maintain allegiance to the Republic of the Philippines, which
is required in the Oath of a Lawyer.
Good Moral Character Continued possession of good moral
character after admission is a requirement for enjoyment of privilege
to practice. Moral character is what a person really
is as distinguished from good reputation or opinion generally entertained of him.
Includes at least common honesty. Opposite of immorality, which is the
indifference to the moral norms of society.
This requirement aims to maintain and
uphold the high moral standard and the dignity of the legal profession.
Educational qualifications
Public Policy demands that a person
seeking admission to the practice of law must
1. Possess the required educational qualifications.
2. Show a degree of learning and
proficiency in law necessary for the due performance of the duties
of a lawyer. To the lawyer is entrusted the
protection of life, liberty, property, or honor.
To approve officially one who is not adequately prepared to such a delicate
task is to create a social danger.
Bar Examination Subjects chosen for these exams are
designed to eliminate any one whose general intelligence, learning, and
mental capacity are inadequate to enable him to assume and discharge the duties of an attorney.
Passing Grade: A general average of 75% in all subjects without falling
below 50% in any subject. In determining the average, the
subjects given the following relative weights:
1. Civil Law 15% 2. Labor and Social Legislation 10%
3. Mercantile Law 15% 4. Criminal Law 10%
5. Political and International Law 15%
6. Taxation 10% 7. Remedial Law 20%
8. Legal Ethics and Practical Exercises 5%
A candidate who fails for three times is disqualified from taking another
examination, unless he has shown to the satisfaction of the Court that he
has:
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1. Enrolled and passed regular
fourth year review classes; 2. Attended a pre-bar review
course. E. PROCEDURE FOR ADMISSION
Bar Examination Committee
Examinations shall be conducted by a committee of bar examiners to be
appointed by the Supreme Court. This committee shall be composed of:
1. A Justice of the Supreme Court, as chairman and designated by
the court to serve for one year. 2. Eight (8) members of the
Philippine bar, who shall serve as examiners in the 8 bar subjects
and hold office for a period of one year.
3. Bar Confidant as liaison officer between the Court and Chairman and the Committee members.
Also a deputy clerk of court.
Application and supporting documents Time for filing proof of qualifications.—
All applicants for admission shall file with the clerk of the Supreme Court a
duly accomplished application form together with supporting documents
concerning his qualifications at least 15 days before the beginning of the
examination. Applicants shall also file at the same
time their own affidavits as to their age, residence, and citizenship. (Rule 138,
Sec. 7) Notice of applications.—Notice of
applications for admission shall be published by the clerk of the Supreme
Court in newspapers published in Pilipino, English and Spanish, for at
least 10 days before the beginning of the examination. (Rule 138, sec. 8)
American lawyers in active practice of
law in the Philippines before July 4, 1946 or a Filipino citizen enrolled as
attorney in the United States before July 4, 1946, who desires admission
without examination should: 1. File a petition with the Court
along with his 2. License to practice
3. Evidence that it has not been revoked
4. Certificates of professional standing.
Disclosure of involvement in any criminal case
Applicant must show that no charges against him involving moral turpitude
have been filed or pending in court in the Philippines (Rule 138, Sec 2, Rules
of Court) To enable the court to resolve whether
a particular crime involves moral turpitude, applicant must disclose any
crime of which he has been charged. If what has been concealed does not
involve moral turpitude, it is the fact of concealment and not the commission of
the crime itself that makes him morally unfit.
Burden of proof to show qualifications Applicant assumes the burden of proof
to establish his qualifications to the satisfaction of the court.
After having presented prima facie evidence of his qualifications, any one
objecting to his admission may offer contrary evidence to overcome such
prima facie showing. Burden of proof shifts to the complainant.
Written examinations
Annual examination.
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o Examinations for admission to the
bar of the Philippines shall take place annually in the City of
Manila. o They shall be held in four days to
be designated by the chairman of
the committee on bar examiners. o The subjects shall be distributed
as follows: 1. 1st day: Political and
International Law (morning), Labor and
Social Legislation (afternoon);
2. 2nd day: Civil Law (morning),Taxation
(afternoon); 3. 3rd day: Mercantile Law
(morning) Criminal Law (afternoon);
4. 4th day: Remedial Law (morning) Legal Ethics and Practical Exercises
(afternoon). (Rule 138, sec. 11.)
The questions shall be the same for all
examinees. 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 noiseless typewriter.
Restrictions to insure integrity in examination
1. An examinee is prohibited from
bringing papers, books or notes into the examination room.
2. He is not to communicate with the other examinees during the exam.
3. He is not to influence any member of the committee on bar exams.
4. To keep the examinee’s identity a
secret and thus avoid any influence to bear upon the examiner in the
valuation of his answers: a. The exam papers shall be
identified by numbers.
b. The name of the examinee is written in a piece of paper and
sealed in an envelope. 5. Any candidate who violates any of
the rules concerning the conduct of examination will be barred from
taking such and the same will be counted as a failure against him.
The conduct of the bar exams involves
public interest. Any charge of anomaly requires prompt
action from the Court to prevent erosion of public faith in the bar and in
the court. Correction and revaluation of grades
The bar examiners correct the examination papers and submit the
grades and corrected papers to the bar confidant.
The bar confidant tallies the individual grades of every examinee, computes
the general average, and prepares a comparative data showing the
percentage of passing and failing in relation to a certain average.
Results are submitted to the Examination Committee and to the
Court.
Any request for revaluation of the answers and the grades given should be made by the examinee addressed to
the Court.
Administration of Oath
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Qualified applicants shall take and
subscribe to the Oath of Office as a Lawyer.
A prerequisite to the admission of practice of law and may only be taken before the Supreme Court.
The court may deny the petition to take the lawyer’s oath for:
o Grave misconduct; o Pending complaint against the
applicant
LAWYER’S OATH (MEMORIZE!!)
I _____ , do solemnly swear that I will maintain allegiance to the Republic of the
Philippines;
I will support and defend its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein;
I will do no falsehood nor consent to its commission;
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 not delay any man’s cause 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 will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion.
So help me God.
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 makes when taking 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 fairer, faster and easier for
everyone concerned. (In Re: Argosino, 270 SCRA 26)
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. 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 vs. Deciembre, 457 SCRA 341)
Issuance of Certificate
After taking oath, the Supreme Court admits him as a member of the bar for
all courts of the Philippines. An order be entered that a certificate of
such record be given him by the clerk of court.
Such certificate is his license to practice law.
Thereafter, he signs the roll of attorneys, which is the official record
containing the names and signatures of those who are authorized to practice
law. Payment of IBP dues and privilege tax
Membership by every attorney in the IBP is compulsory.
Obligation to support it financially. o Every member of the Integrated
Bar shall pay such annual dues as the Board of Governors shall
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determine with the approval of
the Supreme Court. o Default in payment for 6 months
shall warrant suspension. o Default in such payment for 1
year shall be a ground for
removal of the name of the delinquent member from the Roll
of Attorneys. o However, no action involving
suspension or removal from the roll shall be effective without final
approval of the Supreme Court.
Conditions sine qua non to the privilege to practice law and to the retention of
his name in the roll of attorneys : 1. Continued membership
2. Regularly paying membership dues and other lawful
assessments that it may levy. A lawyer must comply with the
requirement regarding payment of membership even though his practice is
―limited.‖ The exemption from payment of
individual income taxes for senior citizens does not include payment of
IBP membership dues.
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CHAPTER 3 –LAWYER’S
DUTIES TO SOCIETY
MEMORY AID FOR CANONS UNDER
THIS SECTION: 1. Promote and Respect the Law and Legal
Process (Canon 1) 2. Provide Efficient and Convenient Legal
Services (Canon 2) 3. Information on Legal Services that is
true, Honest, Fair and Dignified (Canon
3) 4. Support for Legal Reforms and
Administration of Justice (Canon 4) 5. Participate in Legal Education Program
(Canon 5) 6. Applies to Lawyers in Government
Service (Canon 6)
CANON 1: A lawyer shall uphold the
constitution, obey the laws of the land and promote respect for law and legal process.
Rule 1.01. A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Rule 1.02. A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal profession.
Rule 1.03. A lawyer shall not, for
any corrupt motive or interest, encourage any suit or delay any
man’s cause.
Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement
A. UPHOLDING THE CONSTITUTION
AND THE LAW
Duty to uphold the Constitution and obey the law First and foremost duty of a lawyer is
to: 1. Maintain allegiance to the
Republic of the Philippines; 2. Uphold the Constitution and
3. Obey the laws of the land. Code of Professional Responsibility
underscores the primacy of such duty. Canon 1: “A lawyer shall uphold
the Constitution, obey the laws of the land, and promote respect for
law and legal processes.”
Role of lawyers in the community: While the duty to uphold the
Constitution and obey the law is an obligation imposed on every citizen, a lawyer assumes
responsibilities well beyond the basic requirements of good
citizenship. As a servant of the law, a lawyer
should moreover make himself an example for others to emulate.
Being a lawyer, he is supposed to be a model in the community in
so far as respect for the law is concerned.
A lawyer’s responsibilities are greater
than those of a private citizen. He must not subvert the law by
counseling in activities which are in defiance of the law.
He should not allow his services to be
engaged by an organization whose members are violating the law, to
defend them when they get caught.
Duty not to engage in unlawful conduct
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Canon 1, Rule 1.01. A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct.
As servant of the law, a lawyer should
moreover make himself an exemplar for
others to emulate. Duty to obey the law and promote
respect for law and legal processes demands that he shall not engage in
unlawful, dishonest, and immoral, or deceitful conduct.
Unlawful conduct is an act or omission which is against the law.
Dishonesty involves lying or cheating. Immoral or deceitful conduct is that
which is willful, flagrant or shameless and which shows a moral indifference to
the opinion of the good and respectable members of the community.
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.
Duty not to counsel illegal activities Canon1, Rule 1.02. A lawyer shall not
counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal profession. A lawyer who defies a writ or
preliminary injunction has flouted his duties as a lawyer.
He should not promote an organization known to be violating the 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 member as violating the law, to defend
them when they get caught.
The Supreme Court will not denounce
criticismmade by anyone against the Court for, if well founded, can truly
have constructive effects in the task of the Court, but it will not countenance
any wrongdoing nor allow the erosion of our people’s faith in the judicial system,
let alone, by those who have been privileged by it to practise law in the
Philippines. (Estrada v. Sandiganbayan, 416 SCRA 465
(2003))
Terrel was found guilty of malpractice or gross misconduct for assisting in the
establishment and acting as counsel for the Centro Bellas Artes Club, an organization intending to evade the
practice of law. (In Re Terrel (1903))
Duty not to encourage lawsuits
Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage
any suit or delay any man’s cause.
Among the unprofessional acts which come within the prohibition include the
lawyer’s: 1. Volunteering advice to bring
lawsuit, except in rare cases where ties of blood, relationship,
or trust. 2. Hunting up defects in titles or
other causes of action.
3. Seeking out claims for personal injuries or those having any other
grounds of action to secure them as clients.
4. Initiating a meeting of the members of a club and inducing
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them to organize and contest a
legislation under his guidance. 5. Purchasing notes to collect them
by litigation at a profit. Purpose of the prohibition: To prevent
ambulance chasing - solicitation of almost any kind of legal business by
laymen employed by an attorney for the purpose or by the attorney himself.
Ambulance chasing has spawned
recognized evils and is prohibited because:
1. It stirs up litigation with resulting burdens on courts and the public;
2. Supports perjury. 3. Defrauds innocent persons by
judgments, upon manufactured causes of actions.
4. Defrauds injured persons having proper causes of action but ignorant of legal rights and court
procedure by means of contracts which retain exorbitant expenses
and by settlement made for quick returns of fees against the rights
of the injured persons.
Duty to encourage amicable settlement
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
and conflict. What sometimes beclouds a lawyer’s
judgment as to what is best for his client is his/her eye on the attorney’s
fees which are often considerably less
when the cause is amicably settled. The problem of conflict of interests must be
resolved against self-interest. Parties to an amicable settlement enjoy
benefits better than those which can legally be secured to them by judicial
procedure. Litigation involves time, expense, and ill
feelings, which may well be avoided by the settlement of the action.
A compromise or even a confession of judgment will:
1. Accord respect to the just claim of the other party;
2. Save the client additional expenses;
3. Help prevent clogging of the docket.
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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 the oppressed.
Rule 2.02. In such cases, even if the lawyer does not accept a case,
he shall not refuse to render legal advice to the person concerned if
only to the extent necessary to safeguard the latter’s rights.
Rule 2.03. A lawyer shall not do or
permit to be done any act designed to primarily solicit legal business.
Rule 2.04. A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
B. MAKING LEGAL SERVICES
AVAILABLE
Generally A lawyer shall make his legal services
available in an efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession.
A lawyer who is qualified to provide efficient legal services should make available such services to those who are
in need thereof. IBP Committee that drafted the Code
explained: “A person in need of legal services should be able to find a lawyer
who is qualified to provide them. It is
the responsibility of the bar to make
such services available.” A wide gap exists between the need
and its satisfaction. This has been mainly ascribed mainly to 2 reasons:
1. Poverty and the consequent
inability to pay. 2. Ignorance not only of the need of
legal services but also of where to find a competent and dependable
lawyer.
A lawyer shall not reject the cause of the defenseless
Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed. Stems from one of the obligations
incident to the status and privileges of a lawyer – To represent the poor and
oppressed in the prosecution of their claims or the defense of their rights.
Even in those instances in which he
may not, for valid reasons, accept the case, the lawyer ―shall not refuse to
render legal advice to the person concerned if only to the extent
necessary to safeguard the latter’s rights.‖ (Rule 2.02.)
The duty of a lawyer to accept the
cause of the defenseless and the oppressed empowers the court to
require him to render professional services to any party in a case, if the
party is without means to employ an attorney and the services of a lawyer
are necessary to protect the rights of such party or secure the ends of justice.
To designate him as counsel de oficio
for an accused if the latter is unable to employ a counsel de parte.
The lawyer so assigned has to render effective legal services, under the pain
of disciplinary sanction should he fail or
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neglect to do so, until he is excused
therefrom by the court. Every lawyer should:
1. Welcome the assignment as an opportunity to render public service;
2. Show that the practice of law is a profession; and
3. Demonstrate that the efficient discharge of his duties does not
depend upon payment or amount of fees.
The Integrated Bar of the Philippines
through its Committee on Legal Aid has established legal aid offices throughout
the country. Its objective is to provide on a
nationwide basis legal services in favor of the poor segment of society.
Their policy is that legal aid is not a matter of charity. It is a means for the correction of social imbalance that may
and often do lead to injustice, which makes it a public responsibility of the
Bar.
A lawyer shall not refuse to render legal advice
Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latter’s rights.
GENERAL RULE: A lawyer may refuse
to accept the cause of the defenseless or the oppressed. A lawyer is not obliged
to act as legal counsel for any person who may wish to become his client.
EXCEPTIONS:
1. A lawyer shall not refuse his services to the needy.
2. He shall not decline to represent a
person solely on account of the latter’s race, sex, creed or status of
life or because of his own opinion regarding the guilt of said person. (Canon 14, Rule 14.01)
3. If there is serious and sufficient cause, an appointment as counsel de
oficio or as amici curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid. (Canon
14, Rule 14.02)
EXCEPTION TO THE EXCEPTION: A lawyer may 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 interests between him and the prospective client or between a
present client and the prospective client. (Canon 14, Rule 14.03)
A valid reason to refuse is when the
lawyer is not in a position to carry out the work effectively and competently.
However he shall still render legal advice (such as those pertaining to
preliminary steps a person can take). But he shall refrain from giving legal
advice if the reason for not accepting the case is that there involves a conflict
of interest (between him and a prospective client or between a present
client and a prospective client). In the case mentioned above, rendering
legal advice to the prospective client
will establish an attorney-client relationship between them and this will
constitute a violation of the rule prohibiting a lawyer from representing
conflicting interests. (Canon 15, Rule 15.03)
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Participating in legal development
CANON 5: A lawyer shall keep abreast of legal developments, participate in continuing legal education programs,
support efforts to achieve highest standards in law schools as well as in the
practical training of law students and assist in disseminating information regarding law
and jurisprudence.
It is the bounden duty of counsel in the
active practice to keep abreast of decisions of the Supreme Court and
changes in the law. It is imperative that judges should be
conversant with basic legal principles and with the changes in the law and
with the latest decisions and precedents.
For service in the judiciary and being in
the active practice of law require continuous study and research on the
law from beginning to end.
Legal education should be a continuing concern.
After admission to practice, a lawyer incurs a three-fold obligation:
1. He owes it to himself to continue improving his knowledge of the
law. 2. He owes it to his profession to
take an active interest in the maintenance of high standards of
legal obligation. 3. He owes it to the lay public to
make the law a part of its social
consciousness.
Mandatory Continuing Legal Education (MCLE)
Members of the IBP, except those exempt under Rule 7 of Bar Matter No.
850 (Mandatory Continuing Legal
Education), are required every 3 years to complete at least 36 hours of
continuing legal education activities, with appropriate penalties for failure to do so.
C. APPLICABILITY OF CODE TO
GOVERNMENT LAWYERS
CANON 6. These Canons shall apply to lawyers in government service in the
discharge of their official duties. Rule 6.01. The primary duty of a
lawyer 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 for disciplinary action. Rule 6.02. A lawyer in government
service shall not use his public position to promote or advance his
private interests, nor allow the latter to interfere with his public duties.
Rule 6.03. A lawyer shall not, after
leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said
service.
Code is applicable to government lawyers
Canon 6 makes the Code of Professional Responsibility applicable to lawyers in
government service in the discharge of their official duties.
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The reason for the rule is that a lawyer
does not shed his professional obligations upon assuming public office.
In fact, his professional obligations should make him more sensitive to his official obligations because a lawyer’s
disreputable conduct is more likely to be magnified in the public eye.
As government counsel, they have the
added duty to abide by the policy of the State to promote a high standard of
ethics in public service. As part of the government bureaucracy,
it is incumbent upon lawyers to perform and discharge their duties with the
highest degree of professionalism, intelligence, and skill, and to extend
prompt, courteous, and adequate service to the public.
Fundamental principle in public law:
Public office is a public trust.
A public servant owes utmost fidelity to the public service.
Norms of conduct required of public officials:
1. Uphold the public interest over and above personal interest.
2. Discharge their duties with the highest degree of excellence,
professionalism, intelligence, and skill.
3. Act with justness and sincerity. 4. Provide service without
discrimination. 5. Extend prompt, courteous, and
adequate service to the public. 6. Be loyal to the Republic. 7. Commit themselves to democratic
way of life and values. 8. Live modest lives.
A prosecutor shall see to it that justice
is done
Rule 6.01. The primary duty of a
lawyer 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 for disciplinary action.
A public prosecutor is a quasi-judicial
officer who represents, not an ordinary party to a controversy, but sovereignty.
This sovereignty has its obligation to govern impartially. Therefore, the
interest in a criminal prosecution is not that it shall win a case but that justice
shall be done.
A public prosecutor should not hesitate to recommend to the court the acquittal
of the accused if the evidence in his possession shows that the accused is innocent.
If he finds no legal basis to sustain a conviction, he should not hesitate to
recommend that the accused be acquitted.
For “his finest hour is not when he wins a case with the conviction of the
accused. His finest hour is still when, overcoming the advocate’s natural
obsession for victory, he stands up before the court and pleads not for the
conviction of the accused but for his acquittal. For indeed, his noble task is
to prosecute only the guilty and to protect the innocent.”
Restrictions on the functions of public prosecutor
Public prosecutors should not allow giving the impression that their noble
office is being used, wittingly or unwittingly, for political ends or other
purposes alien to the basic objective of serving the interests of justice
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evenhandedly, without fear or favor to
any and all litigants, whether rich or poor, weak or strong, powerless or
mighty.
It is his duty to refrain from improper
methods calculated to produce a wrongful conviction.
He should not offer as proof of the guilt of the accused which is illegally seized.
Nor suppress facts or conceal witnesses capable of establishing the innocence of
the accused.
It is improper for a public prosecutor to:
1. Assist in the escape of a prisoner. 2. Institute a criminal action to force
settlement of a case. 3. Agree to refrain from prosecuting
a person in consideration of some reward.
4. Receive money for dismissing a
complaint. 5. Induce an accused to plead
guilty. 6. Willfully fail to prosecute
violations of law. 7. Have a secret partner with whom
he divides the attorney’s fees.
In appeals, the Solicitor General has control
GENERAL RULE: The Solicitor General shall represent the People in criminal
actions brought to the Court of Appeals and the Supreme Court.
EXCEPTION: In all cases elevated to the Sandiganbayan and from there to the Supreme Court, the Office of the
Ombudsman, through its special prosecutor, shall represent the People.
9RA 8249) EXCEPTION TO THE EXCEPTION: Cases
filed pursuant to Executive Order Nos. 1, 2, 14, and 14-A issued in 1986.
Role of the private prosecutor GENERAL RULE: Where the civil action
for recovery of civil liability is instituted in the criminal action, the offended party may intervene by counsel in the
prosecution of the offense. (Rule 110, Sec. 16. Rules of Court)
EXCEPTIONS: Public prosecutor has direction and control of the prosecution:
1. Where from the nature of the crime and the law defining and
punishing it, no civil liability arises in favor of a private
offended party. 2. In cases where from the nature of
the offense, the offended party is entitled to civil indemnity arising
therefrom but he has: a. Waived the civil action or
b. Expressly reserved the right to institute it separately from the
criminal action.
The role of the private prosecutor in criminal actions is to represent the
private offended party with respect to the civil action for the recovery of civil
liability arising from the offense. His sole purpose is to enforce the civil
liability and not to demand the punishment of the accused.
Intervention by private lawyer is
subject to prosecutor’s control The intervention of the private
prosecutor in the criminal prosecution is always subject to the direction and control of the public prosecutor.
Public prosecutor is duty bound to take charge of the prosecution until its
termination. While he may allow the private
prosecutor to actively handle the
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conduct of the trial, his duty to direct
and control requires that: 1. He must be present during the
proceedings. 2. He must at any time, take over
the conduct of the trial from the
private prosecutor.
Where the prosecutor turned over the active conduct of the trial to the private
prosecutor who presented testimonial evidence even when the public
prosecutor was absent during the trial, the evidence presented could not be
considered as valid evidence of the People of the Philippines.
However, it applies only to courts which are provided by law with their own
prosecutors, and not to Municipal Trial Courts which have no trial prosecutors.
A private prosecutor taking over a criminal action cannot take a stand different from or opposed to that of the
public prosecutor or cannot adopt a stand inconsistent with that of the
Solicitor General, otherwise it would be tantamount to giving him the direction
and control of the criminal proceedings, contrary to law and settled rules on the
matter.
When the public prosecutor should take over handling of the case
A public prosecutor should not allow the trial in the hands of a private
prosecutor to degenerate into a private prosecution.
The administration of criminal law should never be for the accomplishment of a private gain or advantage nor it be
a vehicle of oppression for the gratification of private malice.
A lawyer shall not use his public
position to promote his private interest
Rule 6.02. A lawyer in government
service shall not use his public position to promote or advance his private
interests, nor allow the latter to interfere with his public duties.
If the law allows a public official to practice law concurrently, he must not
use his public position to feather his law practice.
Neither should he accept any private legal business in which his duty to his
client will or may conflict with his official duties, and if some unforeseen
conflict with his official duties arises he should terminate his professional
relationship.
A public official should see to it that his private activity does not interfere with
the discharge of his official functions. He should avoid all impropriety and the appearance of impropriety.
Neither should he inferentially create a public image that he is utilizing his
public position to advance his professional success or personal
interest at the expense of the public.
RA 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees. Sec. 7(b). In addition to acts and
omissions of public officials and employees not prescribed in the Constitution and
existing laws, the following shall constitute prohibited acts and transactions of any
public official and employee and are hereby declared to be unlawful:
(b) Outside employment and other activities related thereto.—Public officials
and employees during their incumbency shall not:
1. Own, control, manage or accept employment as officer employee,
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consultant, counsel, broker, agent,
trustee or nominee / in any private enterprise regulated, supervised or
licensed by their office / unless expressly allowed by law;
2. Engage in the private practice of
their profession unless authorized by the Constitution or law, provided
that such practice will not conflict or tend to conflict with their official
functions; or 3. Recommend any person to any
position in a private enterprise which has a regular or pending official
transaction with their office.
Former official may not accept certain
employment Rule 6.03. A lawyer shall not, after
leaving government service, accept engagement or employment in connection with any matter in which he
had intervened while in said service.
The restriction covers ―engagement and employment,‖ which means that he
cannot accept any work or employment from anyone that will involve or relate
to the matter in which he intervened as a public official, except on behalf of the
body or authority which he served during his public employment.
PCGG v. Sandiganbayan, 455 SCRA
526 (2005)): PCGG seeks to disqualify Atty. Estelito
Mendoza as counsel for the Lucio Group of Companies in the suit involving the sequestration of shares of stock of the LGC
as alleged ill-gotten wealth, on the ground that as former Solicitor General, he
intervened in the matter of the liquidation of Genbank, which was subsequently
purchased by LGC.
The Court ruled that ATty Mendoza could
not be disqualified from representing the LGC. The Court explained:
The key to unlock Rule 6.03 lies in comprehending.
1. The meaning of ―matter‖
referred to in the rules. 2. The metes and bounds of the
―intervention‖ made by the former government lawyer on
the ―matter.‖ The American Bar Association, in its
Formal Opinion 342, defined ―matter‖ as:
o Any discrete, isolatable act as well as identifiable transaction
and not merely an act of drafting, enforcing or
interpreting government or agency procedures,
regulations or laws, or briefing abstract principles of law.
The ―matter‖ or the act of Atty.
Mendoza as Solicitor General is ―advising the Central Bank on how to
proceed with Genbank’s liquidation is held not to be the ―matter‖
contemplated by Rule 6.03. Clearly, ABA Formal Opinion 342
stresses that Atty. Mendoza’s acts did not fall within the scope of the term
―matter.‖ It is given that respondent Mendoza
had nothing to do with the decision of the Central Bank to liquidate Genbank
and did not even participate in the sale of Genbank to Allied Bank.
The ―matter‖ which he got himself involved was informing the Central bank on the procedure by law to
liquidate Genbank. It is not the same as the subject
―matter‖ of the civil case of sequestration of stocks owned by Tan in
Allied Bank on the alleged ground that
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they are ill-gotten. This case does not
involve the liquidation of Genbank. Whether the shares of stock of Allied
Bank are ill-gotten is far removed from the issue of the dissolution and liquidation of Genbank.
―Intervention‖ is interference that may
affect the interest of and influence others. Intervention must not be insubstantial and
insignificant.
―Substantial responsibility‖ is required by the prohibition.
In interpreting Rule 6.03, the Court also
cast a harsh eye on its use as a litigation tactic to harass opposing counsel as well
as deprive his client of competent legal representation.
In the case at bar, the new attempt to disqualify respondent Mendoza has long
been a dead issue, resuscitated after the lapse of many years and only after PCGG
has lost many legal incidents in the hands of the respondent.
It is also submitted that the Court should
apply Rule 6.03 in all its strictness for it correctly disfavors lawyers who ―switch
sides‖ and intended to avoid conflict of loyalties. It is claimed that ―switching
sides‖ carries the danger that former government employee may compromise
confidential official information in the process.
The act of respondent Mendoza in informing the Central Bank on the
procedure how to liquidate Genbank is a different matter from the subject matter of
Civil Case No. 0005 which is about sequestration of the shares of respondents
Tan in Allied Bank. There is no switching sides for no two sides are involved.
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CHAPTER 4: THE LAWYER’S
DUTIES
TO THE LEGAL PROFESSION
A. UPHOLDING INTEGRITY OF
PROFESSION
Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar.
Rule 7.01. 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 7.02. A lawyer shall not support the application for admission
to the bar of any person known by him to be unqualified in respect to
character, education, or other relevant attribute.
Rule 7.03. A lawyer shall not
engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to the discredit of the legal
profession.
Generally Canon 7: A lawyer shall at all times
uphold the integrity and dignity of the legal profession and support the
activities of the integrated bar. Maintenance of a high standard of legal
proficiency and fair dealing is a prerequisite to making the bar an
effective instrument in the proper administration of justice.
It is necessary that lawyers strive to
uphold the honor and maintain dignity of the profession and to improve the
law and the administration of justice. The respect of the public to the legal
profession is enhanced by the faithful
performance of the lawyer’s duties to the court, to society, to his brethren in
the profession, and to his client. Such respect is diminished whenever a
member betrays the trust and confidence reposed in him by his client.
Public confidence in law and lawyers may be eroded by the irresponsible and
improper conduct of a member of the bar.
Thus, every lawyer should act in a manner that would promote public
confidence in the integrity of the profession.
A lawyer should also involve in and actively support the activities of the IBP.
A person shall make no false
statement in his application for admission to the bar
Rule 7.01. 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. Observance of the duties and
responsibilities of a lawyer begins even as a law student. A student’s failure to
live up to them may be a ground for SC to refuse admission to practice or for
disbarment should SC learn later on about his/her transgressions.
A person seeking to be admitted to the
bar must show that he has all the qualifications and none of the
disqualifications prescribed by law.
A lawyer shall not support unqualified applicant to the bar
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Rule 7.02. A lawyer shall not support
the application for admission to the bar of any person known by him to be
unqualified in respect to character, education, or other relevant attribute.
A lawyer should not readily execute an
affidavit of good moral character in favor of an applicant who has not live
up to the standard set by law. He should volunteer information or
cooperate in any investigation concerning alleged anomaly in the bar
examination. This is to help guard the profession from candidates who are
unfit or unqualified. He should expose without fear or favor
before the SC corrupt or dishonest conduct in the profession and should
not hesitate to accept professional employment against a lawyer who has
wronged his client. A lawyer shall always conduct himself
ethically and morally The best way a lawyer can uphold the
integrity and dignity of the profession is not to engage in conduct that adversely
reflects on his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to the discredit of the legal
profession. (Rule 7.03.) He should endeavor to conduct himself
in such a way as to give credit to the legal profession and to inspire the
confidence, respect, and trust of his clients and the community.
Acts which adversely reflect on the lawyer’s fitness to practice law, which justify suspension:
1. Gross immorality. 2. Conviction of a crime involving
moral turpitude. 3. Fraudulent transactions.
Gross immorality reflective of
unfitness to practice Acts of personal immorality in his
private relation with the opposite sex. Gross immorality of the act, not merely
immorality, to justify suspension or
disbarment. Grossly Immoral Act
1. One that is so corrupt and false as to constitute a criminal act.
2. Unprincipled or disgraceful as to be reprehensible to a high
degree. Acts of gross immorality, justifying
denial of application to take the lawyer’s oath or suspension or
disbarment : 1. Living an adulterous life with a
married woman. 2. Maintaining illicit relations with a
niece. 3. Abandonment of his lawful wife to
live with another woman.
4. Contracting marriage while first marriage still subsisting.
5. Seducing a woman to have carnal knowledge with her on the basis
of misrepresentation that he is going to marry her, that he is
single, or that they are already married upon signing a mere
application for marriage license. 6. Carnal knowledge with a student
by taking advantage of his position.
However, mere intimacy between man and woman either of whom possess no
legal impediment to marry, voluntarily carried on and devoid of any deceit on the part of the lawyer, is not corrupt or
unprincipled to warrant disciplinary action as member of the bar. Even if
the relationship results in the woman giving birth to a child so long as he
admits paternity and agrees to support the child.
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Cohabitation per se is not grossly
immoral. o Whether a lawyer’s sexual
congress with a woman not his wife should be characterized as grossly immoral will depend upon
the surrounding circumstances. Even if the evidence is not sufficient to
hold a lawyer liable for gross immorality, may nonetheless be
reprimanded where such evidence shows failure on his part to comply with
the rigorous standards of conduct.
Conviction of a crime involving moral turpitude
Moral turpitude: o Anything which is done contrary
to justice, honesty, modesty, or good morals.
o Any act of vileness, baseness, or depravity in the private and social duties a man owes his fellowmen
or to society, contrary to the accepted rule of right and duty
between man and woman. o In general, all crimes which fraud
or deceit is an element. Lawyers convicted of such crime are
either suspended or disbarred.
Commission of fraud or falsehood Commission of such may badly reflect
on his fitness to practice law. He may be administratively disciplined.
Acts of misconduct calling for disciplinary actions:
1. Falsely stating in a deed of sale that the property is free from liens or encumbrances.
2. Knowingly taking part in a false and simulated transaction.
3. Making it appear that a vendor, long dead, executed a document
of sale in his favor.
4. Concealing in an information
sheet required by law in connection with his employment
the fact that he was charged with or convicted of a crime.
5. Borrowing money as a guardian
for his benefit upon the ward’s property as collateral without the
court’s approval. 6. Encashing a check payable to his
deceased cousin by signing the latter’s name.
7. Falsifying a power of attorney and using it to collect the money due
the principal and converting it to his benefit.
8. Misappropriating money belonging to his employer.
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B. LAWYER’S RELATION WITH OTHER LAWYERS
Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward
his professional colleagues, and shall avoid harassing tactics against opposing counsel.
Rule 8.01. A lawyer shall not, in
professional dealings, use language which is abusive, offensive or
otherwise improper.
Rule 8.02. 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.
Generally Membership in the bar imposes upon
lawyers certain obligations to one another.
What makes the practice of law a profession:
o Observance of honorable, candid, and courteous dealings with other
lawyers. o Fidelity to known and recognized
customs and practices of the bar.
Candor, fairness, and truthfulness should characterize relations The Court reminds parties and counsels
to:avoid further squabbles and unnecessary filing of administrative
cases against each other. Mutual bickering and unjustified
recriminations between attorneys detract from the dignity of the legal
profession and will not receive
sympathy from the Court. Duty of lawyer to restrain his client
from improprieties and to terminate his relation with him if the latter persists in his wrongdoing.
A lawyer should not use, to his or his client’s benefit, the secrets of the
adverse party acquired through design or inadvertence.
A lawyer who thinks a case is weak may not criticize the lawyer who accepts it,
much less should he attribute to him evil motive for taking up the client’s
cause. It is not, however, improper for a
lawyer to accept employment to compel another lawyer to honor the just claim
of a layman. His action toward such end, as writing a letter of demand to
the lawyer, is not unethical since it is mere honest effort to serve the interest of the client.
A lawyer should use temperate
language Rule 8.01. A lawyer shall not, in
professional dealings, use language which is abusive, offensive or otherwise
improper. His arguments, written or oral, should
be gracious to both the court and the opposing counsel.
Should be of such words as may be properly addressed by one gentleman
to another. ―Do as adversaries do in law: strive
mightily but eat and drink as friends.‖ Whatever may be the ill-feelings
between the clients should not influence
counsel in their conduct and demeanor toward each other.
They should scrupulously avoid all personalities and personal history or
personal peculiarities and idiosyncrasies of the other.
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“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 39
A lawyer shall not encroach upon business of another
Rule 8.02. 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. A lawyer should not steal the other
lawyer’s client nor induce the latter to retain him by promise of better service,
good result or reduced fees for his services. Neither should he disparage
another, make comparisons or publicize his talent as a means to further his law
practice. It is, however, the right of a lawyer,
without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel.
He may accept employment to handle a matter previously handled by another
lawyer, provided that the other lawyer has been given notice of termination of
service. Without such notice, he shall only appear once he has obtained
conformity or has, at the very least, given sufficient notice of contemplated
substitution. A lawyer’s appearance in the case
without notice to the first lawyer amounts to an improper encroachment
upon the professional employment of the original counsel.
Negotiation with opposite party Canon 9 of the Canons of Professional
Ethics provides that a ―lawyer shall not in any way communicate upon the
subject of controversy with a party represented by counsel, much less
should he undertake to negotiate or compromise the matter with him, but
should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid everything that
may tend to mislead a party not represented by counsel, and he should not undertake to advise him as to the
law.‖ A lawyer should not, in the absence of
the adverse party’s counsel, interview the adverse party and question him as
to the facts of the case even if the adverse party was willing to do so.
Neither should he sanction the attempt of his client to settle a litigated matter
with the adverse party without the consent nor knowledge of the latter’s
counsel.
Association as a colleague in a case A client’s proffer of assistance of
additional counsel should not be regarded as evidence of want of confidence but the matter should be left
to the determination of the client. The 2nd lawyer should communicate
with the 1st before making an appearance. Should the 1st lawyer
object, he should decline association but if the 1st lawyer is relieved, he may
come into the case. When there is conflict of opinions
between two lawyers jointly associated in a case, the client should decide. The
decision should be accepted unless the nature of the difference makes it
impracticable for the lawyer whose judgment has been overruled to
cooperate effectively. In this event, it is his/her duty to ask client to relieve him/her.
C. PREVENTING UNAUTHORIZED PRACTICE OF LAW
LEGAL ETHICS Based on the book
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Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of law.
Rule 9.01. 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 9.02. A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:
1. 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
2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or
3. 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 profit-
sharing arrangement.
Duty to prevent unauthorized practice of law
Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized
practice of law. Public policy requires that the practice
of law be limited to those individuals found duly qualified in education and
character. The permissive right conferred on the
lawyer is an individual and limited
privilege subject to withdrawal if he fails to maintain proper standards of
moral and professional conduct. Purpose is to protect the public, the
court, the client, and the bar from incompetence and dishonesty of those
unlicensed to practice law and not
subject to the disciplinary control of the court.
The law makes it a misbehavior on the part of the lawyer to aid a layman in the unauthorized practice of law.
A person not admitted to the bar may not hold himself out to the public as
engaged in the practice of law, either alone or as associated with a practicing
attorney under a firm name. (US v. Ney (1907))
He may not form a partnership with a lay accountant to specialize in income
tax work unless he ceases to hold himself out as a lawyer and strictly
confine his activities to such as are open to lay accountants.
Intervention of intermediary not
allowed Prohibition on intermediary to intervene
in the performance of lawyer’s
professional obligations. Lawyer’s relation to client is personal
and responsibility is direct. Intervention of lay agency between
lawyer and the client is forbidden. It is thus improper for a lawyer to
accept employment from an automobile club which, in soliciting membership,
offers free services of it legal department to members.
Employment should not include the rendering of legal services to members
of such an organization in respect to their individual affairs.
A charitable society rendering aid to the indigent is not, however, an intermediary within the meaning of the
rule.
A lawyer shall not delegate legal work to non-lawyers
Rule 9.01. A lawyer shall not delegate to any unqualified person the
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performance of any task which by law
may only be performed by a member of the Bar in good standing.
He should not delegate to a layman any work which involves the application of law, such as:
1. The computation and determination of the period within
which to appeal and adverse judgment.
2. Examination of witnesses. 3. Presentation of evidence.
Can employ secretaries, investigators, detectives, researches as long as they
are not involved in the practice of law (e.g., not ―writing‖ pleadings, appearing
in court, etc.)
A lawyer shall not divide fees with non-lawyers
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to
practice law. Exceptions:
1. 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. 2. Where a lawyer undertakes to
complete unfinished or legal business of a deceased lawyer.
3. 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 profitsharing arrangement.
The first two exceptions to the rule
represent compensation for legal service rendered by the deceased
lawyer during his lifetime, which is paid to his estate or heirs.
The third exception to the rule does not
involve, strictly speaking, a division of legal fees with non-lawyer employees.
The retirement benefits in the form of pension represent additional deferred wages or compensation for past
services of the employees Impropriety arises where the effect of
the arrangement is to make the estate or heir a member of the partnership
along with the surviving partners, or where the estate or heir is to receive a
percentage of fees that may be paid from future business of the deceased
lawyer’s clients. Such fees no longer represent compensation for past
services of the deceased lawyer. 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 the rule.
D. SOLICITATION AND ADVERTISING
A lawyer shall not solicit legal
business The law prohibits lawyers from soliciting
cases for the purpose of gain, either personally, or through paid agents or
brokers, and makes the act malpractice. (Rule 138, Sec. 27, Rules
or Court) Sec. 27. Attorneys removed or
suspended by Supreme Court on what grounds. - A member of the bar may be
removed 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 wilfull
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disobedience of any lawful order of a
superior court, or for corruptly or wilfully 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.
Rule 2.03. A lawyer shall not do or permit to be done any act designed to
primarily solicit legal business. Among those that fall under the
prohibition: 1. A lawyer who recommends
employment of himself, his partner, associate, or member of
his legal staff to a non-lawyer who has not sought his advice
regarding employment of a lawyer.
2. A lawyer who compensates and gives anything of value to a person or organization to
recommend or secure his employment of a client.
3. A lawyer who gives a reward for having made a recommendation
resulting in his employment by a client.
A lawyer shall not charge lower rates
to attract business An unethical practice of indirect
solicitation of legal business. Rule 2.04. A lawyer shall not charge
rates lower than those customarily prescribed unless the circumstances so
warrant. What the rule prohibits is the
competition in the matter of charging
professional fees for the purpose of attracting clients in favor of a lawyer
with lower rates. The rule does not prohibit the charging
of a reduced fee or none at all, to an
indigent or a person having difficulty
paying the usual fee.
A lawyer cannot advertise his talent; reasons therfor General rule: A lawyer cannot advertise
his talent as a shopkeeper advertises his wares.
Restriction originated from practices in the Inns of Court of England.
Young men studying to become barristers regarded the law as primarily
a form of public service in which the gaining of a livelihood was but a
secondary consideration. A lawyer is a member of an honorable
profession whose primary purpose is to render public service and help secure
justice and in which remuneration is a mere incident.
To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public
confidence and lessen its ability to render efficiently that high character of
service to which every member of the bar is called.
If competitive advertising were permitted, the conscientious and ethical
lawyers will unavoidably be at the mercy of the braggart.
Proper or permissible advertising or
solicitation Not all advertising or solicitation are
prohibited. What makes solicitation improper is:
1. the employment of such methods as are incompatible with the traditional dignity of a lawyer and
maintenance of correct professional standards or
2. the use of artificial means to augment the publicity that
normally results from what a lawyer does.
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Best advertising for a lawyer: A well-
merited reputation for professional capacity and fidelity to trust.
Good and efficient service to a client as well as to the community has a way of publicizing itself and catching public
attention. That publicity is a normal by-product of
effective service. A good and reputable lawyer needs no
artificial stimulus to generate it and to magnify his success.
EXCEPTIONS: 1. Those which are expressly
allowed. 2. Those which are necessarily
implied from the restrictions.
publication in reputable law list with brief biographical and other
informative data which may include name, associates, address, phone numbers, branches of law practised,
birthday, day admitted to the bar, schools and dates attended, degrees
and distinctions, authorships, teaching positions, associations,
legal fraternities and societies, references and regularly represented
clients must be published for that purpose;
an ordinary, simple professional card;
publication of simple announcement of opening of law firm, change of
firm; telephone directory (but not under
designation of special branch of law);
if acting as an associate (specialising
in a branch of law), may publish a brief and dignified announcement to
lawyers (law list, law journal); seeking a public office (which can be
filled only by a lawyer);
full time position as corporate
counsel; if in media, those acts incidental to
his practice (i.e., not his own initiative);
write articles for publication giving
information upon the law (and not individual rights or advising through
column/ TV broadcast, lest such be considered indirect advertising);
if entering into other businesses (which are not inconsistent with
lawyer’s duties) then it is advisable that they be entirely separate and
apart such that a layman could distinguish between the two
functions.
Writing legal articles An attorney ―may with propriety write
articles for publications in which he gives information upon the law; but he should not accept employment from
such publications to advise inquiries in respect to their individual rights.‖
(Canon 40, Code of Professional Ethics) A lawyer may properly write and sell for
publication, articles of general nature on legal subjects in a law journal.
What should be guarded against is the
violation of the ethical principles concerning:
1. Improper advertising by a lawyer. 2. Giving of legal advice to one with
whom no attorney-client relationship exists.
3. Aiding of a layman to engage in unauthorized practice of law.
Engaging in business or other occupation
It is not uncommon to see lawyers combining law practice with some other
lawful occupation.
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The fact that he is a lawyer does not
preclude him from engaging in business.
Impropriety arises when the nature and manner of business is inconsistent with the duties of the lawyer such as when it
is used as a cloak for indirect solicitation on his behalf.
It is necessary that the lawyer keeps any business in which he is engaged,
entirely separate and apart from his practice.
He shall make it clear to his client in what capacity he is acting.
Businesses closely associated with the practice of law:
o Collection agency. o Real estate brokerage.
o Insurance agency. o Mortgage service.
o Tax service and consultancy. A lawyer shall make clear whether he
is acting in another capacity Rule 15.08. A lawyer who is engaged
in another profession or occupation concurrently with the practice of law
shall make clear to his client whether he is acting as a lawyer or in another
capacity. The reason is that certain ethical
considerations governing the attorney-client relationship may be operative in
one and not in the other.
Lawyer shall not use false statement regarding his qualification or service
CANON 3: A lawyer in making known his 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-
laudatory, or unfair statement or claim
regarding his qualifications or legal
services. 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. Similarly, he should not resort to
indirect advertisements, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published.
CANON 3: A lawyer in making known his 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-laudatory, or unfair statement or claim
regarding his qualifications or legal services.
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 communications 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.
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It is highly unethical for an attorney to
advertise his talents or skill as a merchant advertises his wares. The law is a profession and not a business. The
lawyer may not sell or obtain employment himself or through others
for to do so would be unprofessional. It is destructive of the honor of a great
profession. It lowers the standards of that profession. It works against the
confidence of the community and it results in needless litigation. (In Re:
Tagorda, 53 Phil 37 (1929))7 Tagorda was suspended for soliciting
business. Before Tagorda’s election to the provincial board of Isabela, he used
a card offering services as an attorney and a notary public free. The card also
stated that he was a candidate for the provincial board. After his election, he wrote a letter to the barrio lieutenant
informing him that he would continue his practice as lawyer and asking that
the lieutenant transmit this information to the barrio.
Examples of improper advertising: o Distribution of a diary which has
an attorney’s card printed in the cover.
o Procuring a lawyer’s name to be written in an automobile
insurance policy with direction to the insured to contact the
attorney in case of accident.
A lawyer shall not use false or misleading firm name
Law partnership among lawyers for the general practice of law is common.
Such partnership is a mere association of lawyers for such purpose and is a
non-legal entity.
It is not a business partnership under
the Civil Code. No person should be admitted or held
out as a member who is not a lawyer. 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 communications that
said partner is deceased. The reason for allowing the continued
use of the name of a deceased partner is that all the partners, by their joint
efforts over a period of time, contributed to the goodwill attached to
the firm name, and this goodwill is disturbed by a change in firm name
every time a partner dies. Filipino lawyers cannot practice law
under the name of a foreign law firm, as the latter cannot practice law in the Philippines.
The use of the foreign law firm in the country is unethical:
o The respondent’s use of the firm name constitutes a
representation that being associated with Baker and
McKenzie they could ―render legal services to the highest quality to
multinational business enterprises and others engaged in foreign
trade and investment.‖ This is unethical because Baker &
McKenzie is not authorized to practice law here. (Dacanay v.
Baker and McKenzie, 136 SCRA 349 (1985))
A partner who accepts public office should withdraw from the firm;
exception Rule 3.03. Where a partner accepts
public office, he shall withdraw from the firm and his name shall be dropped
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from the firm name unless the law
allows him to practice law concurrently. The purpose of the rule is to prevent
the law firm from using his name to attract legal business and to avoid suspicion of undue influence.
A lawyer shall not seek media
publicity 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.
Media publicity, as a normal by-product of efficient legal service, is not
improper. What is improper is for a lawyer to
resort to propaganda to secure media publicity for the purpose of attracting
legal business. The purpose of the rule is to prevent
some lawyers from gaining unfair
advantage over others through the use of gimmickry.
o Procuring his photograph to be published in connection with
cases he is handling. o Making a courtroom scene to
attract the attention of newspapermen.
o Arranging for the purpose an interview with him by media
people.
E. THE INTEGRATED BAR OF THE PHILIPPINES
Integration of the bar The official unification of the entire
lawyer population. Requires membership and financial
support of every attorney as a condition sine qua non to the practice of law.
Bar integration signifies the setting up by the government authority of a
national organization of the legal
profession based on the recognition of the lawyer as an officer of the court.
Integration fosters cohesion among lawyers and ensures the promotion of the objectives of the legal profession
pursuant to the principle of maximum bar autonomy with minimum
supervision by the Supreme Court.
Power to integrate the bar The Constitution vests upon the
Supreme Court the power to integrate the Philippine bar.
Such power is an inherent part of the Court’s constitutional authority over the
bar. ―Supreme Court may adopt rules of
court to effect the integration of the Philippine Bar.‖ (RA 6397 AN ACT
PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR)
However, RA 6397 neither confers a
new power nor restricts the Court’s inherent power but is a mere legislative
declaration that the integration will promote public interest or will raise the
standard of the legal profession. January 16, 1973, Supreme Court
ordained the integration of the Philippine Bar.
Presidential Decree 181 (CONSTITUTING THE INTEGRATED BAR
OF THE PHILIPPINES INTO A BODY CORPORATE AND PROVIDING
GOVERNMENT ASSISTANCE THERETO FOR THE ACCOMPLISHMENT OF ITS
PURPOSES) constituted the Integrated Bar into a corporate body.
Constitutionality of integration Constitutionality hinges on the effects
of bar integration on the lawyer’s constitutional rights of freedom of
association and freedom of speech and
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on the nature of the dues exacted from
him. In upholding the constitutionality of
integration, the Supreme Court quoted approvingly the report of the Commission on Bar Integration on the
matter as follows: o Freedom of Association – ―To
compel a lawyer to be a member of an integrated bar is not
violative of his constitutional freedom to associate (or the
corollary right not to associate).‖ ―Integration does not make
a lawyer a member of any group of which he is not
already a member. He became a member of the
bar when he passed the bar exams. All that integration
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.‖
―Bar integration does not compel the lawyer to
associate with anyone. He is free to attend or not
attend the meetings.‖ ―The compulsion to which
he is subjected is the payment of annual dues.‖
The issue, therefore, is a question of compelled
financial support of group activities, not involuntary membership in any other
aspect. Assuming that bar
integration does compel a lawyer to be a member,
such compulsion is justified
as an exercise of the police
power of the State. The inherent power of the
Supreme Court to regulate the bar includes the authority to integrate the
bar. o Regulatory fee – For the Court to
prescribe dues does not mean that the Court levies a tax.
A membership fee is an exaction for regulation,
while the purpose of a tax is revenue.
An integrated bar program would not be possible to
push through without means to defray the
concomitant expenses. The public interest
promoted by integration far outweighs the inconsequential
inconvenience to a member that might result from his
required payment of annual dues.
o 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.‖ ―For the Integrated Bar to
use a member’s dues to promote measures to which
said member is opposed, would not nullify or adversely affect his
freedom of speech.‖ ―Since a State may
constitutionally condition the right to practice law
upon membership, it is difficult to understand why
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it should become
unconstitutional for the bar to use the member’s dues
to fulfill the very purposes for which it was established.‖
o Fair to all lawyers – ―Bar integration is not unfair to
lawyers already practicing because although the
requirement to pay dues is a new regulation. It will give the
member a new system which they hitherto have not had, and
through which, by proper work, they will receive benefits they
have not hereto enjoyed. Because it will apply equally to all
lawyers. Because it is a new regulation in exchange for new
benefits, it is not retroactive, unequal, or unfair.‖
Purposes and objectives of the Integrated Bar
By-laws Integrated Bar Philippines Sec. 2. Objectives and purposes. - The
following are the general objectives of the Integrated bar:
o to elevate the standards of the legal profession,
o to improve the administration of justice; and
o to enable the Bar to discharge its public responsibilities more
effectively. o The purposes of the Integrated
Bar include, without being limited to, those specified in the per curiam Resolution of the Supreme
Court dated January 9, 1973 ordaining the integration of the
Philippine Bar, to wit: 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
interests 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; and 7. Promote a continuing
program of legal research
in substantive and adjective law, and make
reports and recommendations thereon.
The purposes of an integrated Bar, in
general, are: 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 interests 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
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Bench and to the public, and
publish information relating thereto;
6. Encourage and foster legal education;
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.
Integration of the Bar will, among other
things, make it possible for the legal profession to:
1. Render more effective assistance in maintaining the Rule of Law;
2. Protect lawyers and litigants against the abuse of tyrannical judges and
prosecuting officers; 3. Discharge, fully and properly, its
responsibility in the disciplining
and/or removal of incompetent and unworthy judges and prosecuting
officers; 4. Shield the judiciary, which
traditionally cannot defend itself except within its own forum, from
the assaults that politics and self-interest may level at it, and assist it
to maintain its integrity, impartiality and independence;
5. Have an effective voice in the selection of judges and prosecuting
officers; 6. Prevent the unauthorized practice of
law, and break up any monopoly of local practice maintained through influence or position;
7. Establish welfare funds for families of disabled and deceased lawyers;
8. Provide placement services, and establish legal aid offices and set up
lawyer reference services throughout
the country so that the poor may not
lack competent legal service; 9. Distribute educational and
informational materials that are difficult to obtain in many of our provinces;
10. Devise and maintain a program of continuing legal
education for practising attorneys in order to elevate the standards of the
profession throughout the country; 11. Enforce rigid ethical
standards, and promulgate minimum fees schedules;
12. Create law centers and establish law libraries for legal
research; 13. Conduct campaigns to
educate the people on their legal rights and obligations, on the
importance of preventive legal advice, and on the functions and duties of the Filipino lawyer; and
14. Generate and maintain pervasive and meaningful country-
wide involvement of the lawyer population in the solution of the
multifarious problems that afflict the nation. (In re Integration of the
Bar of the Philippines)
Non-political bar By-laws Integrated Bar Philippines
Sec. 4. Non-political bar. - The Integrated Bar is strictly non-political,
and every activity tending to impair this basic feature is strictly prohibited and
shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in
the Government or any political subdivision or instrumentality thereof
shall be eligible for election or appointment to any position in the
Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or
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employee of the Integrated Bar, or an
officer or employee of any Chapter therof shall be considered ipso facto
resigned from his position as of the moment he files his certificate of candidacy for any elective public office
or accepts appointment to any judicial, quasi-judicial, or prosecutory office in
the Government or any political subdivision or instrumentality thereof.
The election of IBP officers is required
to be conducted on a non-political basis. Partisan politics may thus
invalidate the elections. Partisan political activities of candidates
for IBP positions, such as setting up campaign headquarters, island-hopping
to solicit votes of chapter presidents, made a political circus of the
proceedings and tainted the whole election process. The candidates violated the IBP by-laws and of the
ethics of the legal profession.
Membership, resignation, retirement, and reinstatement
By-laws Integrated Bar Philippines o Sec. 18. Membership. - The
following persons are, automatically and without
exception members of the Integrated Bar of the Philippines:
a. All lawyers whose names were in the Roll of
Attorneys of the Supreme Court as of January 16,
1973; and b. All lawyers whose names
were included or are
entered therein after the said date.
o Sec. 19. Registration. - Unless he has already previously
registered, every member heretofore admitted to the
practice of law shall, not later
than December 31, 1974, register in the Integrated Bar as
hereunder required, at the national office or at the office of his Chapter.
Every person admitted to the
practice of law after these by-laws become effective shall
register in like manner not later than sixty days after such
admission.
Registration shall be accomplished by signing and
filing in duplicate the prescribed registration form containing such
information as may be required by the Board of Governors,
including the following: a. Full name, sex and civil
status;
b. Month, date, year and place of birth;
c. Office address(es); d. Residence address(es);
e. Occupation(s) or employment;
f. Name of law school and year of graduation;
g. Year of admission to the Bar; and
h. Field(s) of specialization in law, if any.
It shall be the duty of the Secretary
of every Chapter to promptly forward a copy of each accomplished registration form to the national
office.
o Sec. 20. Members in good standing. - Every member who
has paid all membership dues and all authorized special
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assessments, plus surcharges
owing thereon, and who is not under suspension from the
practice of law or from membership privileges, is a member in good standing.
o Sec. 21. Voluntary termination of
membership; reinstatement. - A member may terminate his
membership by filing a verified notice to that effect with the
Secretary of the Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court. Forthwith, he
shall cease to be a member and his name shall be stricken from
the Roll of Attorneys.
Reinstatement may be made in accordance with rules and regulations prescribed by the
Board of Governors and approved by the Court.
o Sec. 22. Retirement;
reinstatement. - Any member in good standing who shall have
attained the age of seventy-five years, or who shall have been
forty years as lawyer shall, by reason of physical disability or
judicially adjudged mental incapacity, be unable to engage
in the practice of Law, may be retired from the Integrated Bar
upon verified petition to the Board of Governors. Retired members shall not practice law or
be required to pay dues.
A retired member may be reinstated to active membership
upon written application to and approval by the Board.
Membership dues and effect of
nonpayment thereof Sec. 23. Membership dues. - On or
before the 31st day of December, every
member of the Integrated Bar shall pay annual dues for the ensuing fiscal year
in the amount of FIVE HUNDRED PESOS at the National Office or at the office of
his Chapter, to take effect on January 1, 1995.
Subject to approval by the Supreme
Court, the Board of Governors may increase the annual membership dues,
or modify the apportionment thereof.
All lawyers shall indicate in all pleadings, motions and papers
signed and filed by them in any court in the Philippines - and in the case of government lawyers, in all
official documents issued by them - the number and date of their official
receipt indicating payment of their annual membership dues to the
Integrated Bar of the Philippines for the current year, or in the case of
life members, their life membership roll number. (As amended pursuant
to Bar Matter No. 668).
Sec. 24. Effect of non-payment of dues. - Except for the fiscal year
1974- 1975, any member who has not paid his membership dues for
any given fiscal year on or before the last day (June 30) of the immediately preceding fiscal year
shall be considered as dues-delinquent members. For the fiscal
year 1974-1975 any member who has not paid the annual dues on or
before November 30, 1974 shall be considered a dues-delinquent. If the
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delinquency continues until the
following December 31, the Board of Governors shall by Resolution
forthwith suspend all his membership privileges other than the practice of law.
Sec. 25. Remission or lifting of
sanctions. - The Board of Governors may, for justifiable reasons, remit or
lift sanctions already imposed and authorize the retroactive
reinstatement of the member concerned. However, sanctions
imposed or approved by the Supreme Court may be remitted or
lifted only by the Court.
Organizational Setup Sec. 47. National Officers. - The
Integrated Bar of the Philippines shall have a President and Executive Vice President to be chosen by the Board of
Governors from among nine (9) regional governors, as much as
practicable, on a rotation basis. The governors shall be ex officio Vice
President for their respective regions. There shall also be a Secretary and
Treasurer of the Board of Governors to be appointed by the President with the
consent of the Board. (As amended pursuant to Bar Matter 491).
The deliberative body is the House of Delegates.
Sec. 30. Composition of the House. - The Integrated Bar shall have a House
of Delegates composed of not more than one hundred and twenty members apportioned among all the Chapters.
On or before December 31, 1974, and every two years thereafter, the Board
of Governors shall make a reappointment of Delegates among all
the Chapters as nearly as may be according to the number of their
respective members, but each Chapter
shall have at least one Delegate. At the local level are the Chapter
officials. Sec. 26. Chapters. - A Chapter of the
Integrated Bar shall be organized in
every province existing on the date of the effectivity of the Integration Rule.
Except as hereinbelow provided, every city shall be considered part of the
province within which it was geographically situated prior to its
creation as a city.
National officers Sec. 50. Duties of officers. - (a)
President: The President shall be the chief executive of the Integrated
Bar, and shall preside at all meetings of the Board of Governors.
(b) Executive Vice President: The Executive Vice President shall exercise the powers and perform the
functions and duties of the President during the absence or inability of the
latter to act, and shall perform such other functions and duties as are
assigned to him by the President and the Board of Governors.
(c) Governors: In addition to his duties as a member of the Board of
Governors, each elective Governor shall act as representative of his
Region in the Board. He shall promote, coordinate and correlate
activities of the Chapters within his Region.
(d) Secretary: The Secretary shall attend all meetings of the Board of Governors, and keep a record of all
the proceedings thereof; prepare and maintain a register of all
members of the Integrated Bar; notify national officers as well as
members of national committees of their election or appointments;
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cause to be prepared the necessary
official ballots for the election of Governors; and perform such other
duties as are assigned to him by these By-Laws, by the President and by the Board of Governors.
(e) Treasurer: The Treasurer shall collect, receive, recorder and
disburse ad funds of the Integrated Bar;
Sec. 49. Terms of office. - The President and the Executive Vice
President shall hold office for a term of two years from July 1 following
their election until June 30 of their second year in office and until their
successors shall have been duly chosen and qualified.
Board of Governors
Sec. 39. Nomination and election of the Governors. - At least one (1) month before the national convention the
delegates from each region shall elect the governor for their region, the choice
of which shall as much as possible be rotated among the chapters in the
region. The Integrated bar is governed by a
Board of Governors consisting 9 Governors from the 9 regions.
The President and the Executive Vice President, if chosen by the Governors
from outside themselves, shall ipso facto become members of the board.
Sec. 38. Term of office. - The Governors shall hold office for a term of
two years from July 1 immediately following their election to June 30 of their second year in office and until
their successors shall have been duly chosen and qualified.
Sec. 41. Functions of the Board. - The Board of Governors shall have
general charge of the affairs and
activities of the Integrated Bar. It shall
have authority, inter alia, to: a. Fix the date, time and place of every
convention of the House of Delegates; b. Make appropriations and authorize
disbursements from the funds of the
Integrated Bar; c. Engage the services of employees,
define their duties and fix their compensation;
d. Receive, consider and act on reports and recommendations submitted by the
House of Delegates or its committees; e. Provide for the publication of the
Journal of the Integrated Bar; f. Administer the Welfare Fund;
g. Fill vacancies, however arising in the positions of officers of the Integrated
Bar; h. Subject to the approval of the Supreme
Court, promulgate Canons of Professional Responsibility for all members of the Integrated Bar;
i. Promulgate rules and regulations for the establishment and maintenance of
lawyer referral services throughout the Philippines;
j. Subject to the approval of the Supreme Court, impose special assessments for
specific national purposes, and impose, or recommend sanctions for non-
payment or delinquency in the payment thereof;
k. Prescribe such rules and regulations as may be necessary and proper to carry
out the objectives and purposes of the Integrated Bar; and
l. Perform such other functions as may be necessary or expedient in the interest of the Integrated Bar.
In the discharge of its duties, the Board
of Governors is assisted by national committees.
o Committee on Chapter Affairs.
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o Committee on Legal Aid.
o Committee on Administration of Justice.
o Committee on Legal Education and Bar Admissions.
o Committee on Professional
Responsibility, Discipline and Disbarment.
o Committee on Research Services. o Committee on Legislation.
o Committee on Public Services. o Committee on Inter-Professional
and Business Relations. o Committee on Books and
Publications. o Committee on Unauthorized
Practice of Law. o Committee on Law Reporting.
o Budget committee.
House of Delegates The deliberative body of the IBP is the
House of delegates.
Sec. 30. Composition of the House. - The Integrated Bar shall have a House
of Delegates composed of not more than one hundred and twenty members
apportioned among all the Chapters. On or before December 31, 1974, and
every two years thereafter, the Board of Governors shall make a
reappointment of Delegates among all the Chapters as nearly as may be
according to the number of their respective members, but each Chapter
shall have at least one Delegate. Sec. 31. Membership. - The
membership of the House of Delegates shall consist of all the Chapter Presidents and in the case of Chapters
entitled to more than one Delegate each, the Vice Presidents of the
Chapters and such additional Delegates as the Chapters are entitled to. Unless
the Vice President is already a Delegate, he shall be an alternate
Delegate. Additional Delegates and
alternates shall in proper cases be elected by the Board of Officers of the
Chapter. Members of the Board of Governors who are not Delegates shall be members ex oficio of the House,
without the right to vote. Sec. 34. Special convention. -
Special conventions of the House may be called by the Board of Governors
motu proprio, or upon written petition therefor filed with the Secretary of the
Integrated Bar signed by not less than thirty Delegates.
Sec. 33. (b) The President and Executive Vice President of the IBP shall
be the Chairman and Vice-Chairman, respectively, of the House of Delegates.
The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by
the President with the consent of the House of Delegates.
Chapter Government The fundamental objective of the
Chapter is to administer the affairs of the IBP within its territorial jurisdiction
under the general direction and supervision of the Board of Governors.
Sec. 2. Objectives and purposes. - The following are the general objectives
of the Integrated bar: o to elevate the standards of the
legal profession, o to improve the administration of
justice; and o to enable the Bar to discharge its
public responsibilities more effectively.
Each chapter has its own government.
The chapter government is vested in a Board of Officers composed of a
President, a Vice-President, a Secretary, a Treasurer, and five
Directors who shall be elected at the
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biennial meeting and shall hold office
for a term of 2 years.
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CHAPTER 5: LAWYER’S
DUTIES TO COURTS
A. LAWYER OWES CANDOR AND
FAIRNESS TO THE COURTS
Canon 10. A Lawyer owes candor, fairness and
good faith to the Court.
Rule 10.01. 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 an artifice.
Rule 10.02. 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 a fact
that which has not been proved.
Rule 10.03. A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
Lawyer’s duties to court, generally A lawyer is, first and foremost, an
officer of the court. His duties to the court are more
significant than those which he owes to
his client. His first duty is not to his client but to
the administration of justice. Client’s success is wholly subordinate.
His conduct ought to be scrupulously observant of the law and ethics of the
profession. Should there be conflict between his
duty to his client and that to the court, he should resolve such conflict in favor
of the latter. Primary responsibility being to uphold
the cause of justice.
A lawyer should be candid and truthful
to the court Canon 10. A Lawyer owes candor, fairness
and good faith to the Court.
He is an officer of the court exercising a privilege, which is indispensable in the
administration of justice. If he were to act other than candidly,
fairly, and truthfully, the administration of justice will suffer as a result thereby.
Supreme Court aptly underscored
reasons: o He is an officer of the court
exercising privileges indispensable to the
administration of justice. o Courts are entitled to expect only
complete honesty from lawyers appearing before them.
o Like the court itself, he is an instrument to advance its ends –
the speedy, efficient, and impartial adjudication of cases.
It is thus unprofessional to deal other than candidly with the facts in taking statements of witnesses, in drawing
affidavits, and other documents, and in the presentation of causes.
A lawyer, however, though an officer of the court, is not an umpire but an
advocate. His personal belief in the soundness of
his cause or of the authorities supporting it is irrelevant.
A lawyer shall do no falsehood Rule 10.01. 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 an artifice.
He swore, upon his admission to the practice, that will do no falsehood and
conduct himself according to the best of his knowledge and discretion with all
good fidelity to the court and to his client; never to seek to mislead the
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courts by an artifice or false statement
of fact or law. The oat embodies the fundamental
duties of a lawyer, which he must honor as there would be a great detriment to, if not a failure of, the administration of
justice if courts could not rely on the representations of the lawyers in the
handling of their cases. A lawyer should not conceal the truth
from the court, nor mislead the court in any manner no matter how demanding
his duties to his client may be. No client is entitled to receive from the
lawyer any service involving dishonesty to the courts.
A lawyers should neither endeavor by dishonest means to mislead the court or
the adverse party nor make false allegations in a pleading.
It is improper for counsel of the accused to ask him to plead guilty to an offense which counsel knows his client
did not commit.
A lawyer should not misquote nor misrepresent Rule 10.02. 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 a fact that which
has not been proved.
A lawyer who deliberately made it appear that the quotations in his motion
for reconsideration 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.
In signing the Court’s decisions, it is the bounden duty of courts, judges, and
lawyers to reproduce or copy the same
word for word and punctuation mark by punctuation mark.
Only from the Supreme Court’s rulings do all other courts, as well as lawyers and litigants, take their bearing.
New Civil Code, Article 8. Judicial
decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.
Thus, ever present is the danger that if not faithfully and exactly quoted, the
decisions and rulings of the Supreme Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers, and the public who
may be misled. If inferior courts and members of the
bar meticulously check and recheck their citations of authorities, appellate courts will be precluded from acting on
misinformation and save precious time in finding out whether the citations are
correct.
A lawyer shall not misuse rules of procedure
Rule 10.03. A lawyer shall observe the rules
of procedure and shall not misuse them to
defeat the ends of justice. Rules of procedure offer innumerable
opportunities and means for delay and to defeat the ends of justice.
Procedural rules are instruments in the speedy and efficient administration of justice. They should be used to achieve
such end and not to derail it. Filing of multiple petitions constitutes
abuse of the court’s processes. He should not use his knowledge of law
as an instrument to harass a party. While a lawyer owes fidelity to the
cause of his client, it should not be at the expense of truth and administration
of justice.
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A judicious study of the facts and the
law should advise him when a case should not be filed, as it would only
clutter the dockets. B. OBSERVING AND MAINTAINING
RESPECT DUE THE COURTS AND JUDICIAL OFFICERS
Canon 11. A lawyer shall observe and maintain
the respect due to the courts and judicial officers
and should insist on similar conduct by others.
Rule 11.01. A lawyer shall appear in
court properly attired.
Rule 11.02. A lawyer shall punctually
appear at court hearings.
Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing
language or behavior before the courts.
Rule 11.04. A lawyer shall not attribute
to a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.05. A lawyer shall submit
grievances against a Judge to the proper
authorities only.
Respect due the courts Canon 11. A lawyer shall observe and
maintain the respect due to the courts and
judicial officers and should insist on similar
conduct by others. This canon should constantly remind
lawyers that second only to the duty of maintaining allegiance to the Republic,
and to support the Constitution, and obey the laws of the land, it is the duty
of all attorneys to observe and maintain the respect due to the courts of justice and judicial officers.
Respect of courts helps build the high esteem and regard toward them, which
is essential to the proper administration of justice.
A lawyer violates Canon 11 of the code
when: o He threatens the judge with the
filing of an administrative charge if his motion is not granted.
o Berating the researcher of the
court in his pleading is disrespectful to the court itself.
o A lawyer who openly defied the temporary restraining order
issued by the Court of Appeals.
Obeying court orders Lawyers are particularly called upon to
obey court orders and processes. They should stand foremost in complying
with the court’s directives and instructions.
Disrespect to judicial incumbents is disrespect to that branch of the
government to which they belong as well as to the State which has instituted the judicial system.
It may happen that counsel possesses greater knowledge of the law than the
judge who presides. It may also happen that since no court claims infallibility,
judges may grossly err in their decisions. Nevertheless, discipline and
self-restraint on the part of the members of the bar even under these
adverse conditions are necessary to the orderly administration of justice.
Obedience to lawful orders of the court is underscored by the fact that a willful
disregard thereof may subject the lawyer not only to punishment for
contempt but to disciplinary action as an officer of the court.
The word ―willful‖ conveys the idea of
flagrant misconduct such as would indicate a disposition on the part of a
lawyer so refractory in character as to affect his qualifications and standing for
the further exercise of his profession.
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A lawyer who gives a clearly
unsatisfactory explanation as to why he failed to comply with a lawful order
commits an act within the meaning of the term ―willful disobedience.‖
Defending judges from unjust criticism
It is the attorney’s duty as an officer of the court to defend a judge from
unfounded criticism or groundless personal attack.
This requires of him not only to refrain from subjecting the judge to wild and
groundless accusation but also to discourage other people from so doing.
By the very nature of his position as judge, he lacks the power, outside of
his court, to defend himself against unfounded criticism and it is the
attorney who can better more appropriately support the judiciary.
A lawyer shall appear in proper attire Rule 11.01. A lawyer shall appear in court
properly attired.
Should be a Barong Tagalog or a coat and tie, either of which is the
recognized formal attire in the country. Respect to the court must begin with
the lawyer’s outward physical appearance in court.
Sloppy or informal attire adversely reflects on the lawyer and demeans the
dignity and solemnity of the court proceedings.
If he dresses improperly, he may be cited for contempt.
Lawyers shall be punctual
A lawyer shows respect to the court by appearing during the trial punctually and in proper attire.
He owes it to his client, to the court, and to the public.
Inexcusable absence from, or repeated
tardiness in attending a pre-trial or hearing may subject the lawyer to
disciplinary action and may prejudice his client who may be declared in default.
A lawyer shall abstain from offensive
language or behavior A lawyer’s language should be forceful
but dignified, emphatic but respectful as befitting an advocate and in keeping
with the dignity of the legal profession. His arguments should be gracious to
both the court and opposing counsel and be of such words as may be
properly addressed by one gentleman to another.
The use of abusive language by counsel against the opposing counsel
constitutes at the same time, a disrespect to the dignity of the court.
Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing language
or behavior before the courts. While he should so abstain from using
such language, he may use strong
language to drive home a point. He has the right to be assiduous and zealous in
the prosecution or defense of the client’s cause.
He should be courageous enough to point out errors, arbitrariness, and
injustice of the courts and judges. The fear of provoking displeasure of the
offended judges must not deter him from complying with this duty to object to illegal or erroneous judicial decisions.
He should be allowed some latitude of remark or comment in the furtherance
of the causes he upholds.
It must never be forgotten that a lawyer pleads; he does not dictate. He should be courageous, fair,
and circumspect, not petulant, combative, or
bellicose in his dealings with the court.
A lawyer should not assail, without basis, the personal integrity of a judge and accuse him of
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misfeasance in an attempt to hide his own inadequacies and omissions to escape criticism of his client.
Rule 11.04. A lawyer shall not attribute to a
Judge motives not supported by the record or
have no materiality to the case. Disrespectful, abusive, and abrasive
language, offensive personalities,
unfounded accusations, or intemperate words tending to obstruct, embarrass,
or influence the court have no place in a pleading.
Neither does the mistake of a judge in some of his rulings warrant the use of offensive language.
In championing the cause of his client, a lawyer should not resort to insulting or disparaging language amounting to disrespect toward the
court. A judge should be courteous to the lawyer to merit respect The duty to observe and maintain respect is not a
one-way duty from a lawyer to a judge. A judge should also be courteous to counsel, especially
those who are young and inexperienced.
Upholding court’s authority and dignity
As an officer of the court, a lawyer
should uphold the dignity and authority of the court and not promote distrust in the administration of justice (Canon
10). He should seek to preserve faith in the
courts and help build and not destroy the high esteem and regard toward
them. He should prevent anybody from
harboring and encouraging discontent.
A lawyer shall not attribute to a judge improper motives A judge may commit errors, he may abuse his
discretion in the resolution of issues before him. They do not, however, justify a lawyer to
―attribute to a Judge, motives not
supported by the record or have no materiality to the case.‖ (Rule 11.04).
He should not make hasty accusation against the
judge without any cogent and valid ground existing in the record.
The rule allows criticism so long as it is supported by the record or is material to the case.
His right to criticize the acts of courts and judges in a proper and respectful way and through legitimate channels is well recognized.
A lawyer shall submit grievances to proper authorities The duty to support the judge does not, however,
preclude a lawyer from filing administrative complaints against erring judges.
Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities only.
That they be filed with the Supreme Court
which has administrative supervision over all
courts and the power to discipline judges of
lower courts.
Constitution Article VIII Section 6.
The Supreme Court shall have administrative supervision over all
courts and the personnel thereof. Constitution Article VIII Section
11. x x x The Supreme Court en banc shall have
the power to discipline judges of lower courts, or order their dismissal by a
vote of a majority of the Members who actually took part in the deliberations
on the issues in the case and voted thereon.
A lawyer may prefer charges against a judge
only after proper circumspection and without
the use of disrespectful language or offensive
personalities.
A lawyer may not file administrative
complaints against judges until he has
exhausted judicial remedies which result in a
finding that the judge has gravely erred.
C. ASSISTING THE COURT IN SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE
Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice. Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference.
He should also be ready with the original
documents for comparison with the copies.
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Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so. Rule 12.04. A lawyer shall not unduly delay a
case, impede the execution of a judgment or misuse court processes.
Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial, while the witness is still under
examination. Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
(a) on formal matters, such as the mailing,
authentication or custody of an instrument,
and the like; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.
Duty to assist in the administration of justice, generally
Being an officer of the court, he is an instrument to advance its ends – the
speedy, efficient, impartial, correct, and inexpensive adjudication of cases and
the prompt satisfaction of final judgments.
Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.
He is first and foremost an officer of the court. His duties to the court are more
significant than those which he owes to his client.
A lawyer should come to court adequately prepared Rule 12.01. A lawyer shall not appear for trial
unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with the original documents for comparison with the copies.
Rule 18.02 - A lawyer shall not handle
any legal matter without adequate preparation.
Canon 18 - A lawyer shall serve his client with competence and diligence.
Without adequate preparation, the lawyer may not be able to effectively assist the court in the efficient administration of justice. Nonobservance of this rule might result in:
1. The postponement of the pre-trial or
hearing, which would thus entail delay in the early disposition of the case,
2. The judge may consider the client nonsuited or in default or
3. The judge may consider the case deemed submitted for decision without client’s
evidence, to his prejudice. A lawyer shall not file multiple actions Litigation must end and terminate
sometime and somewhere. Once a judgment has become final, the
winning party be not deprived of that verdict.
For this reason, a lawyer should not file several actions arising from the same
cause or seeking substantially identical reliefs as those that had already been
finally disposed of. A lawyer violates his oath when he
prostitutes judicial process to secure for his client what is not justly and validly
due him such as improper steps taken as a means of draining the resources of
the proper party. A lawyer shall not resort to forum
shopping
Rule 12.02. A lawyer shall not file multiple actions
arising from the same cause.
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He is prohibited from filing a petition
with the Court of Appeals or the Regional Trial Court where a similar
petition has been filed or pending with the Supreme Court, and vice versa.
Section 5, Rule 7 of the Rules of
Court: The plaintiff or principal party shall certify under
oath in the complaining or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously
filed therewith: a) that he has not theretofore commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; b) if there is such other pending action or claim, a complete statement of the present status thereof;
and c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to
the court wherein his aforesaid complaint or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing. The submission of false certification
or non-compliance with any of the undertaking therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
Forum shopping is the improper
practice of going from one court to another in the hope of securing a
favorable relief in one court which another court has denied or the filing of repetitious suits or proceedings in
different courts concerning substantially the same subject matter.
Duty to disclose pending case
Every party filing an initiatory pleading is required to swear under oath that he
has not and will not commit forum shopping.
This requires disclosure of any pending
case at the time the initiatory pleading is filed.
The fact that the initiatory pleading is not based on the same cause of action
as the pending case is not a valid excuse for non-compliance with the
disclosure requirement.
Verification must be signed by the party, not his counsel; exception
The certification against forum shopping must be signed by the party himself as
he has personal knowledge of the facts therein stated. It should not be
executed by his counsel. Exceptions:
o Where there are two or more
parties, all of them must sign the verification and non-forum
certification, unless the one who signs, has been authorized to
execute the same on behalf of the petitioner.
o Where the joint parties are husband and wife involving their
property, only the husband may sign the verification.
o If the party is a juridical person (corporation, partnership), the
certification must be executed by a corporate officer or agent duly
authorized by its board of directors.
o A non-forum certification
executed by counsel of the party is fatally defective, unless the
counsel certifies in the certification that he has personal
knowledge of the facts therein stated and gives justifiable
LEGAL ETHICS Based on the book
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ralc2011 63
reason why the party himself
cannot sign. The reason is that only the party
himself has actual knowledge of whether or not he has initiated similar actions in different courts or agencies.
Test to determine forum shopping
The test in determining is whether the elements of litis pendentia (a pending
suit) are present or whether final judgment in one case will amount to res
judicata in the other. Res judicata – a doctrine which
precludes parties from re-litigating issues actually litigated and determined
by a prior and final judgment. It requires:
o That there be a decision on the
merits;
o By a court of competent jurisdiction; o The decision is final; o And the two actions involved identical
parties, subject matter, and causes of action.
If any one of these elements is absent, there is no forum shopping.
There is forum shopping where there are identity of parties or interest, rights asserted, and reliefs sought in different tribunals.
EXCEPTION: The filing of a civil case in court does not preclude the filing of a criminal action arising from the same set of facts on which the civil action is based, as the law allows it. There is no forum-shopping in such instances.
Rules of Court, Rule 111, Section 1: Institution
of criminal and civil actions (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it separately, or institutes the civil action prior to the civil action. Section 3: When civil action may proceed independently. – In the cases provided in Articles 32, 33, 34, and 2176 of the Civil Code
of the Philippines, the independent civil action may be brought by the offended party. It shall
proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the
offended party recover damages twice for the same act or omission charged in the criminal action.
Sanctions for violation Failure to file the certification against forum
shopping is fatal to the complaint or petition. Subsequent filing of the certification does not cure
the fatal defect. Rules of Court, Rule 7, Section 5, paragraph 2:
Failure to comply with the foregoing requirement shall not be curable by mere amendment of the complaint or other initiatory pleading, but shall be
cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for dismissal with
prejudice and shall constitute direct contempt, as well as cause for administrative sanctions.
Lawyer to temper client’s propensity to litigate
It is the duty of the lawyer to resist the
whims and caprices of his client and to temper the client’s inclination to
litigate. Rules of Court, Rule 7, Section 3,
paragraph 2: The signature of counsel constitutes a 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.
This rule imposes upon a lawyer the affirmative duty to check useless
litigations, willful violation of which may subject him to disciplinary action, or
render him liable for costs of litigation. A litigant may seek his legal assistance
for reasons other than to vindicate a legal wrong or other than to prosecute
a valid cause. The purpose may either be:
o To harass a party or injure the opposite party or work oppression or wrong.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
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o To pre-empt the initiative of an
honest claimant by filing the suit to delay the payment of a just
claim. o To drain the resources of the
poorer party by way of
compelling him to submit out of sheer exhaustion.
While a client may withhold facts from his counsel or give him false
information to attain unlawful ends, a lawyer can easily see through the
client’s action. When that purpose becomes evident, the lawyer should not
allow himself to be a party to its realization or even withdraw from the
case.
A lawyer shall file his pleadings within the period Rule 12.03. A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so.
Pressure of work or the need for more
time to finish the job often constrains a lawyer to ask the court for an extension
of time to file a pleading, memorandum, or brief. The lawyer’s
failure to make an explanation constitutes discourtesy to the court.
Where a lawyer’s motion for extension of time to file a pleading, memorandum or brief has remained unacted by the court, the least that is expected of
him is to file it within the period asked for. Duty to inform client’s death and change of counsel’s address
Rules of Court, Rule 3, Section 16: Death of party; duty of counsel: Whenever a party to a pending action dies, and the claim is not thereby distinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name
and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.
If no such notice is made, the court will proceed to conclusion as if the party is
alive and its decision is binding upon
the heirs of the deceased client. Similarly, it is his duty to inform the
court of any change of his address. Although his failure to do so will not prevent any notice sent to his address
of record to be effective, his conduct may delay the disposition of the case
and prejudice the interest of his client.
A lawyer shall not delay or impede the execution of judgment
Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.
The law makes it the lawyer’s duty to
delay no man for money or malice. Rules of Court, Rule 7, Section 3,
paragraph 2: The signature of counsel constitutes a 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.
For where a lawyer insisted on the client’s patently unmeritorious case or
interposed an appeal merely to delay litigation or thwart the prompt
satisfaction of the prevailing party’s just and valid claim, the court may adjudge
the lawyer liable to pay treble costs. Procedural rules are precisely designed
to accomplish the purpose of rendering justice to the parties to a lawsuits free
from the ―law’s delays.‖ A lawyer should use those rules for the
purpose and not for its frustration.
Litigation is not a game of technicalities in which one, more deeply schooled and
skilled in the subtle art of movement and position, entraps and destroys the
other. It is rather a contest in which each contending party fully and fairly
lays before the court the facts in issue
LEGAL ETHICS Based on the book
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ralc2011 65
and then asks that justice be done upon
the merits. A lawyer should not hide behind a maze
of technicalities to delay if not defect the recovery of what is justly due and demandable.
Lawyer to discourage appellate review
If a lawyer is honestly convinced of the futility of an appeal in a civil suit, he
should not hesitate to inform his disappointed client that most likely the
verdict would not be altered. He should advise his client to accept the
judgment of the trial court and thus accord respect to the just claim of the
opposite party. He should temper his client’s desire to
seek appellate review of such decision. Unless he could sufficient cause for
reversal, he would only succeed in planting false hopes in his client’s mind, increase the burden on appellate
tribunals, prolong litigation unnecessarily, and expose his client to
useless expenses of suit. It has also been held that the failure of
counsel to file an appeal is negligent in the performance of his duties to his
client. If the lawyer does not hear from the client, he should perfect an appeal
within the period.
A lawyer shall not talk to a witness during recess Rule 12.05 A lawyer shall refrain from talking to
his witness during the break or recess in the trial, while the witness is still under examination.
The purpose of the rule is to avoid any suspicion that he is coaching the
witness of what to say during the resumption of the examination.
A lawyer shall not assist a witness to
misrepresent
Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.
While he may interview witnesses in advance of trial or attend to their needs if they have no adequate means of
defraying their own expenses, the lawyer should avoid any such action as
may be misinterpreted as an attempt to influence the witness as to what to say
in court. A lawyer who presents a witness whom
he knows will give a false testimony may be subjected to disciplinary action.
Lawyers shall not harass a witness Rule 12.07 A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
Duty to always treat adverse witnesses
with fairness and due consideration. Rules of Court, Rule 138, Section 20:
(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
the justice of the cause with which he is charged;
A lawyer shall avoid testifying for a
client
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing,
authentication or custody of an instrument,
and the like; or
(b) on substantial matters, in cases where his
testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.
The rule prohibits the practice of the
lawyer taking the witness stand and asking questions to him and answering
them as a witness.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 66
While the law does not disqualify a
lawyer from being a witness and an advocate at the same time in a case,
the practice is violative of the rule on professional conduct.
It would also be improper for a lawyer
to accept employment in a case where it would be his duty to attack the
testimony to be given by his partner on behalf of the opposite side.
The underlying reason for the impropriety of a lawyer acting in such
dual capacity: o The function of a witness is to tell
the facts. o The function of an advocate is
that of a partisan. It is difficult to distinguish between the
zeal of an advocate and the fairness and impartiality of a disinterested
witness. It is hard to disassociate his relation to
his client as an attorney and his relation
to the party as a witness.
D. AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE COURT
CANON 13 - 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.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with
Judges.
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending
case tending to arouse public opinion for or
against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of
the government in the normal course of judicial proceedings.
A lawyer should rely on the merits of
his case
CANON 13 - 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.
Improper acts lessen the confidence of the public in the impartial administration of justice and should be
avoided.
A lawyer shall not extend hospitality to a judge
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.
The unusual attention may subject both
the judge and the lawyer to suspicion. o The common practice of some lawyers
making judges and prosecutors godfathers of their children to enhance their influence
and their law practice should be avoided by judges and lawyers alike.
o A lawyer should not see a judge in chamber and talk to him about a case he is handling and pending in the judge’s court.
o A lawyer should not communicate to the
judge the merits of a pending case.
A lawyer shall not publicly discuss
pending cases
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.
Newspaper publications by a lawyer concerning pending litigation may
interfere with a fair trial and prejudice the impartial administration of justice.
The restriction, however, does not prohibit issuance of statements made by public officials charged with the duty
of prosecuting or defending actions in court.
However, such statements should avoid any statement of fact likely to create an
adverse attitude in the public mind.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 67
Criticism of pending and concluded
lititation The right of a lawyer to comment on a
pending litigation or to impugn the impartiality of a judge to decide it is much circumscribed.
What he can ordinarily say against a concluded litigation the manner the
judge handed down the decision therein may not be generally said to a pending
action. The court, in a pending litigation, must
be shielded from embarrassment or influence in its duty of deciding the
case. On the other hand, once a litigation is
concluded, the judge is subject to the same criticism as any other public
official. A lawyer enjoys wider latitude of comment or criticism.
Limitations on right to criticize The right of a lawyer to comment is not
unlimited. It is the cardinal condition of all such criticism that it shall be bona
fide and shall not spell over the walls of decency and propriety.
Unfair criticism is a gross violation of
the lawyer’s duty to respect the courts.
Right and duty of lawyer to criticize the courts
The rule is not, however, intended to prevent criticism of the judicial acts. For
the guarantees of free speech and free press include the right to criticize the
judicial conduct. Whether the law was wisely or badly
enforced is a fit subject for proper comment.
If the people cannot criticize a judge the same as any other public official,
public opinion will be effectively muzzled.
A lawyer is expected to consider it his
duty to expose the shortcomings and indiscretions of courts and judges.
In the prosecution of appeals, for example, he points out the errors of lower courts.
In articles written for law journals, he dissects with detachment the doctrinal
pronouncement of courts and fearlessly lays bare for all to see the flaws and
inconsistencies of the doctrines.
A lawyer shall not invite judicial interference Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the government in the normal course of judicial proceedings.
It endangers the independence of the
judiciary.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 68
CHAPTER 6: NATURE AND CREATION OF
ATTORNEY-CLIENT RELATIONSHIP
CANON 14. A lawyer shall not refuse his services
to the needy.
Rule 14.01. A lawyer shall not decline to
represent a person solely on account of
the latter’s race, sex, creed or status of
life, or because of his own opinion
regarding the guilt of said person.
Rule 14.02. A lawyer shall not decline,
except for serious and sufficient cause, an
appointment as counsel de oficio or as
amici 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 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
interests between him and the
prospective client or between a
present client and the prospective
client.
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.
A. NATURE OF RELATION
Nature of client relationship, generally
Historically, the nature of lawyer-client
relationship is premised on the Roman Law
concepts of location conduction operarum
(contract of lease of services) and mandato
(contract of agency)
In modern day, an attorney is more than a
mere agent or servant because he possesses
special powers of trust and confidence
reposed on him by his client.
The lawyer is also as independent as a judge,
with powers entirely different from and
superior to those of an ordinary agent.
Moreover, he is an officer of the court.
The relation of attorney and client is strictly
personal and highly confidential.
Its creation breathes life to the rules and
ethics of the legal profession and requires of
an attorney who accepts a retainer a high
standard of conduct and an appreciation of
his duties to his client, to the court, to the
bar, and to the public.
Relation as strictly personal
The relationship involves mutual trust and
confidence to the highest degree.
The personal character of the relation
prohibits its delegation in favor of another
attorney without the client’s consent.
What may not be delegated: The relationship
itself.
It also terminates upon the death of either
the client or the attorney.
The deceased attorney’s personal
representative has no right to assign pending
cases to a counsel of his choice. Such matter
is for the client to decide.
A client can terminate the relationship at any
time with or without cause.
An attorney, however, being an officer of the
court, enjoys no similar right. He may be
permitted to withdraw from the case only with
the consent of the client or that of the court.
Only a proper sense of detachment will
enable the attorney to adequately serve the
interest of his client.
The personal relation does not require an
attorney to adopt as his own, the troubles of
his client for he is likely to lose his composure
and equanimity.
It is advisable for a lawyer who is a party
litigant not to appear for himself or for a close
relative.
His personal involvement may blur his sense
of duty and purpose and affect his
performance, to his or the client’s detriment.
In that situation, he should ask another
lawyer who can act with more detachment
and less emotional involvement to undertake
the active prosecution or defense of the case.
Relation as fiduciary and confidential
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 69
The relation is highly fiduciary in nature and
of a very delicate, exacting, and confidential
character.
It demands undivided allegiance, a high
degree of good faith, disinterestedness,
candor, fairness, loyalty, fidelity, and absolute
integrity in all his dealings with his clients and
utter renunciation of every personal
advantage conflicting with the interest of his
client.
His responsibilities to his client should,
however, be reconciled with his duties to the
court. Each of them requires fidelity and
loyalty in varying degrees within limits.
Deviation from such limits may invite the
exercise of disciplinary power by the court.
Rules protective of relation
The preservation and protection of that
relation will encourage a client to entrust his
legal problems to an attorney, which is of
paramount importance to the administration
of justice.
Rules promulgated, in the nature of
injunctions peculiarly addressed to an
attorney:
1. To exert his best effort and learning in
the protection of the interest of his
client;
2. To promptly account for any fund or
property entrusted by or received for
his client;
3. Not to purchase or acquire, any
property or interest of is client in
litigation;
4. To forever keep inviolate his client’s
secrets or confidence, and not to
abuse them;
5. Not to represent a party whose
interest is adverse to that of his client
even after the termination of the
relation.
The Supreme Court requires strict obedience
to those rules and subjects the attorney to
discipline and administrative liability for
inexcusable breach thereof to protect the
public, the court, and the client from
dishonesty and incompetence of unfaithful
lawyers.
B. RETAINER OR EMPLOYMENT
Concept of term “retainer”
The term “retainer” may refer to either of 2
concepts:
1. The act of the client engaging the
services of an attorney to render legal
advice or defend or prosecute his
cause in court.
a. General Retainer – its purpose
is to secure beforehand, the
services of an attorney for any
legal problem that may
afterward arise.
b. Special Retainer – has
reference to a particular case or
service only.
2. The retaining fee which a client pays
to an attorney when the latter is
retained.
o It is a preliminary fee paid to
insure and secure his future
services.
o To remunerate him for being
deprived of the opportunity of
rendering services to the other
party by being retained by one
party.
o It is apart from what the client
has agreed to pay for the
services which he has retained
him to perform.
Its purpose: To prevent undue hardship on
the part of the attorney based on the rule
forbidding him from acting as counsel for the
other party after he has been retained by or
has given professional advice to the opposite
party.
Necessity of retainer
An attorney has no power to act as counsel or
legal representative for a person without
being retained.
He may not appear in court for a party
without being employed, unless by leave of
court.
Rules of Court, Rule 138, Sec. 21.
….
An attorney willfully appearing 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.
Neither the purported client nor the adverse
party may be bound by his appearance unless
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 70
the former ratifies or is stopped to deny the
assumed authority.
Sufficiency of professional employment
The essential feature of the relation is the fact
of employment.
While a written agreement for professional
services is the best evidence to show the
relation, formality is not an indispensable
element of the employment of an attorney.
It is not necessary that a retainer should have
been paid, promised, or charged.
Nor is it material that the attorney who was
consulted does not afterward undertake the
case.
The absence of a written contract will not
preclude a finding that there is a professional
relationship.
The contract may be express or implied.
An acceptance is implied when the attorney
acts in pursuance of a request.
There is an implied contract of professional
employment where an attorney appears on
behalf of a party without the latter
interposing any objection to it.
To establish professional relation, it is
sufficient that the advice and assistance of an
attorney is sought and received in any matter
pertinent to his profession.
If a person consults with an attorney in his
professional capacity with the view of
obtaining professional advice or assistance,
and the attorney voluntarily permits or
acquiesces in such consultation as when he
listens and gives advice, the professional
employment is regarded as established.
Circumstances which do not establish an
attorney client relationship:
o That an attorney for buyer wrote
letters to tenants giving them a period
to exercise their preferential right to
buy the land, that he prepared the
deed of sale in favor of the buyer, and
that he charged the seller the fees for
such services do not make the
attorney the counsel for the seller as
those matters were wrapped up in the
sale, and could have been done as
counsel for the buyer in the
furtherance of the latter’s interests.
o By helping an appellant perfect his
appeal but without entering his
appearance or signing a pleading.
o Signing a pleading for and on behalf of
another counsel of record.
In the absence of a written retainer, the
establishment of the attorney-client
relationship depends upon the circumstances
of the case.
The employment or authority to employ an
attorney need not be proved in writing; such
fact could be inferred from circumstantial
evidence.
The moment complainant approached the
then receptive respondent to seek legal
advice, a veritable lawyer-client relationship
evolved between the two. Such relationship
imposes upon the lawyer certain restrictions
circumscribed by the ethics of the profession.
To keep inviolate, confidential information
acquired or revealed during legal
consultations. The fact that one is not inclined
to handle the client’s case, at the end of the
day, is hardly of consequence. Of little
moment is the fact that no formal
professional engagement follows the
consultation. (Hadjula vs Madianda)
Employment of law firm
The employment of a law firm is equivalent to
the retainer of the member even though only
one of them is consulted.
Conversely, the employment of one member
is generally considered as employment of the
law firm.
When a client employs the services of a law
firm, he employs the entire law firm and not
the lawyer assigned to personally handle the
case.
In the event that the counsel appearing for
the client resigns or dies, the firm is bound to
provide a replacement.
Reason for the rule: Information obtained
from a client by a member of the law firm is
information imparted on the firm.
The member acts in the name and interest of
the firm.
Death of the member does not extinguish the
lawyer-client relationship. The responsibility
to continue representation devolves upon the
remaining lawyers of the firm until they have
withdrawn from the case.
Who can employ an attorney
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 71
Generally, any person who has the legal
capacity to contract can employ an attorney.
A person suffering from some legal disability
cannot retain a lawyer to appear for him in
court.
Only a general guardian ad litem has the
authority to employ an attorney to represent
a minor or incompetent.
However, the appearance of a lawyer as
authorized by a relative of the minor or
incompetent is intrusive and will have no
effect, except to show the attorney’s good
faith in appearing in court.
An agent clothed by his principal with the
power to deal with the principals’ property or
interest has the authority to engage the
services of an attorney as counsel for the
principal.
The agent’s authority to employ an attorney
for his principal need not be in writing. It may
be inferred from circumstantial evidence.
General Rule: A wife has the authority to
engage the services of counsel even without
her husband’s consent in any of the instances
where she may prosecute or defend an action
without the necessity of joining her husband
as a party litigant.
o Exception: She cannot, however, bind
the conjugal partnership for the
payment of the fees of her lawyer
without the husband’s authority.
o Exception to the exception: In a suit
between her and her husband, which
she is compelled to institute or resist
to protect her rights.
General Rule: In a corporation, only the board
of directors has the authority to employ an
attorney to sue or defend an action for the
corporation as the power to sue and be sued
is lodged in them.
o Exceptions:
Such power to employ an
attorney may be delegated in
favor of any of its corporate
officers, expressly or impliedly.
A single stockholder may
institute a derivative suit on
behalf of a corporation and
employ an attorney for that
purpose.
LEGAL ETHICS Based on the book
“Legal and Judicial Ethics” by Atty. Ruben E. Agpalo
ralc2011 72
C. ETHICAL NORMS AND RESTRICTIONS
Canon 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.
Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon
as practicable whether the matter would
involve a conflict with another client or his
own interest, and if so, shall forthwith
inform the prospective client.
Rule 15.02. A lawyer shall be bound by
the rule on privileged communication in
respect of matters disclosed to him by a
prospective client.
Rule 15.03. A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a full
disclosure of the facts.
Rule 15.04. A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
Rule 15.05. A lawyer when advising his
client shall give a candid and honest
opinion on the merits and probable results
of the client’s case, neither overstating
nor understanding the prospects of the
case.
Rule 15.06. A lawyer shall not state or
imply that he is able to influence any
public official, tribunal or legislative body.
Rule 15.07. A lawyer shall impress upon
his client compliance with the laws and
the principles of fairness.
Rule 15.08. A lawyer who is engaged in
another profession or occupation
concurrently with the practice of law shall
make clear to his client whether he is
acting
Generally
A lawyer may only be as successful in the
practice as he has enough paying clientele.
Without clients, a lawyer may not be able to
make a name as a practitioner though how
talented he may be.
On the other hand, a lawyer cannot just
accept any case nor can he employ business
methods to solicit professional employment or
to advertise his talent and skill to attract
prospective clients.
Lawyer shall ascertain possible conflict of
interests
Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve
a conflict with another client or his own
interest, and if so, shall forthwith inform the
prospective client.
It is the duty of a lawyer to disclose and
explain to a prospective client all
circumstances of his relations to the parties,
and any interest in connection with the
controversy, which in his honest judgment,
might influence the client in the selection of a
counsel.
The disclosure is more for the protection of
the lawyer than that of the client.
If a lawyer conceals the fact that the adverse
party used to be his client, the new client
may have reason to suspect, in case of an
unfavorable judgment, that the circumstance
prevented him from the full discharge of his
duty.
Concealment of facts material to employment
may cause his client to lose confidence in
him.
Duty to decline employment
A lawyer should decline professional
employment even though how attractive the
fee may be if its acceptance will involve a
violation of any of the rules of the legal
profession.
After giving advice to a plaintiff concerning a
claim, the lawyer may not thereafter accept
retainer from the defendant to defeat that
claim.
He may not accept employment from another
in a matter adversely affecting any interest of
his former client with respect to which,
confidence has been reposed.
Nor may he handle a case to nullify a contract
which he prepared.
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He should not accept employment as an
advocate in any matter in which he had
intervened while in the government service.
This canonical injunction is based upon the
necessity that professional integrity and
public confidence in that integrity be
maintained.
He may not accept employment from an
organization to render legal services to
members thereof concerning questions
submitted by the members, the answers to
which are printed for circulation.
He may not accept employment as a
columnist to answer inquiries for advice as to
individual rights through the medium of a
newspaper column.
Nor may he accept employment from a
collection agency which solicits business to
collect its claims.
EXCEPTIONS: Rule 14.03. A lawyer may
refuse to accept representation of an indigent
client if:
o He is not in a position to carry out the
work effectively or competently;
o He labors under a conflict of interests
between him and the prospective
client or between a present client and
the prospective client.
A lawyer shall preserve the secrets of a
prospective client
Rule 15.02. A lawyer shall be bound by the
rule on privileged communication in respect of
matters disclosed to him by a prospective
client.
Matters disclosed by a prospective client to a
lawyer are protected by the rule on privileged
communications even if the prospective client
does not thereafter retain the lawyer or the
lawyer declines the employment.
Reason: To make the prospective client
discuss freely whatever he wishes with the
lawyer without fear that what he discloses will
not be divulged nor used against him and for
the lawyer to be equally free to obtain
information from such prospective client.
Ethical considerations in taking a bad case
“How can a lawyer take a case which he does
not believe in?”
The classical answer to the question is the
familiar dialogue ―Boswell: But what do you
think of supporting a cause which you know
to be bad? Johnson: Sir, you do not know it
to be good or bad till the judge determines
it..
It is his business to judge; and you are not to
be confident in your opinion that a cause is
bad, but to say all you can for your client.‖
A lawyer certainly knows whether a case is
good or bad because it is not only his function
but his duty to find out.
In a criminal action, it is the ―right of the
lawyer to undertake the defense of a person
accused of crime, regardless of his personal
opinion as to the guilt of the accused;
otherwise, innocent persons, victims only of
suspicious circumstances, might be denied
proper defense.‖
It is improper for a lawyer to assert in
argument his personal belief in his client’s
innocence or in the justice of his cause.
In a civil action, the rules and ethics of the
profession enjoin a lawyer from taking a bad
case.
o Firstly, the signature of counsel
constitutes a 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.
Counsel who deliberately files an
unsigned pleading, or signs a pleading
in violation of this Rule, or alleges
scandalous or indecent matter therein,
or fails to promptly report to the court
a change of his address, shall be
subject to appropriate disciplinary
action. (Rule 7, Section 3, Rules of
Court)
o Secondly, it is the duty of an attorney:
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; (Rule 138, Section 20
(c), Rules of Court)
o Thirdly, it is the duty of an attorney:
Not to encourage either the
commencement or the continuance of
an action or proceeding, or delay any
man's cause, from any corrupt motive
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or interest; (Rule 138, Section 20
(g), Rules of Court)
o Finally, he ―must decline to conduct a
civil cause or to make a defense when
convinced that it is intended merely to
harass or injure the opposite party or
to work oppression or wrong.‖
If a lawyer were to take a bad civil suit
against a defendant, it will either be to exert
his best efforts toward a compromise or, if
unsuccessful, to advice his client to confess
judgment.
The reason why laymen often ask the ethical
question – how can a lawyer take a case
which he does not believe in? – is due partly
to unfamiliarity with the rules and ethics of
the legal profession and partly to a lack of
appreciation of the rights of an accused.
D. LAWYER MAY NOT REFUSE HIS SERVICES
CANON 14. A lawyer shall not refuse his services to the needy.
Rule 14.01. A lawyer shall not decline to
represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de oficio or as amici 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 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 interests between him and the
prospective client or between a present client and the prospective client.
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.
Lawyer as advocate, generally
The primary task of a lawyer, as an advocate,
is to represent a party litigant in court, either
as counsel for plaintiff or for defendant, or as
a public prosecutor or as defense counsel.
1. General Rule: A private practitioner is
not obligated to act as counsel for any
person who may wish to become his
client. He has the right to decline
employment.
2. Exception: Public prosecutor who
cannot choose cases to prosecute.
Canon 14: Duty of a lawyer to accept
employment insofar as the needy and poor
are concerned. Refusal to accept being made
the exception. Two reasons:
1. The poor and the needy need most the
services of a lawyer but hesitate to
secure such because they cannot
afford to pay or fear refusal for their
inability to compensate the lawyer.
2. IBP objective to make legal services
available for those who need them.
Requires a lawyer should not lightly
decline employment.
A lawyer shall not decline to represent
unpopular clients
Rule 138, sec. 20 (h-i). Duties of attorneys.—
It is the duty of an attorney: (h) Never to
reject, for any consideration personal to
himself, the cause of the defenseless or
oppressed.
Rule 14.01. A lawyer shall not decline to
represent a person solely on account of the
latter’s race, sex, creed or status of life, or
because of his own opinion regarding the guilt
of said person.
Regardless of his personal feelings, a lawyer
should not decline representation just
because a client or a cause is unpopular or
community reaction is adverse.
History is replete with instances of
distinguished and sacrificial services by
lawyers who had represented unpopular
clients and causes, and received accolade for
such services from peers in the bar.
It is his duty not to decline to represent the
accused regardless of his opinion as to his
guilt.
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The law presumes the accused innocent, and
entitled to acquittal unless his guilt is proved
beyond reasonable doubt. If the rule were
otherwise, innocent persons, victims of
suspicious circumstances, might be denied
proper defense.
A lawyer shall not decline appointment by
the court or by the IBP
The relation of attorney and client may be
created not only by voluntary agreement but
also by appointment as counsel de oficio for a
poor or indigent litigant.
Rule 138, sec. 31 Attorney’s 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.
In a criminal action, the court may appoint a
counsel de oficio in the following instances:
1. Duty of court to inform accused of his
right to counsel.—Before arraignment,
the court shall inform the accused of
his right to counsel and ask him if he
desires to have one. Unless the
accused is allowed to defend himself in
person or has employed counsel of his
choice, the court must assign a
counsel de oficio to defend him. (Rule
116, Sec. 6, Rules of Court)
2. It shall be the duty of the clerk of the
trial court, upon filing a notice of
appeal, to ascertain from the
appellant, if confined in prison,
whether he desires the Regional Trial
Court, Court of Appeals, or the
Supreme Court to appoint a counsel de
oficio to defend him and to transmit
with the record on a form to be
prepared by the clerk of court of the
appellate court, a certification of
compliance with this duty and the
response of the appellant to his
inquiry. (Rule 122, Sec. 13, Rules of
Court)
3. Appointment of counsel de oficio for
the accused.—If it appears from the
record of the case transmitted that
a. the accused is confined in
prison,
b. is without counsel de parte on
appeal, or
c. Has signed the notice of appeal
himself, the clerk of court of
the CA shall designate a
counsel de oficio.
An appellant who is not confined in prison
may, upon request, be assigned a counsel de
oficio within the 10 days from receipt of the
notice to file brief and he establishes his right
thereto by affidavit. (Rule 124, Sec. 2, Rules
of Court)
The court may not assign a counsel de oficio
to defend an accused when he previously
manifested his desire to secure the services
of a counsel de parte. If the court does so, it
violates the defendant’s right to counsel, and
his conviction may be set aside on that
ground. If a counsel de oficio is appointed, he
must protest such appointment.
Where a counsel de oficio has been assigned
to an accused and such counsel has acted
without objection from the accused, the
conviction cannot be set aside on the sole
ground that said counsel was not the choice
of the accused.
Frequent appointment of same counsel
discouraged
The burden of regular practice and the
possibility of compensation as counsel de
oficio as a regular source of income should
caution a court from frequently appointing the
same lawyer.
The overburdened counsel may have too little
time to spare for his de oficio cases or may be
eager to finish such cases to be able to collect
his fees within the earliest possible time.
The accused stands to suffer, denied effective
assistance.
A lawyer may refuse to represent indigent
on valid grounds
GENERAL RULE: A lawyer is not obliged to act
as counsel for any person who may wish to
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become his client. He has the right to decline
employment.
EXCEPTIONS:
1. A lawyer shall not refuse his services to
the needy or indigent.
2. He shall not decline to represent a person
solely on account of the latter’s race, sex,
creed or status of life or because of his
own opinion regarding the guilt of said
person. (Canon 14, Rule 14.01)
3. If there is serious and sufficient cause, an
appointment as counsel de oficio or as
amici curiae, or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
(Canon 14, Rule 14.02)
A government lawyer called upon to represent
the government, any agency, or any officer in
his official capacity either as plaintiff or
defendant in a case, may not generally
decline the assignment.
o Exception: He is disqualified to act as
counsel.
The Solicitor General is the principal law
officer and legal defender of the Government.
o Has discretion in choosing whether to
prosecute or not, or to abandon a
prosecution already started.
o 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.
o But cannot refrain from performing his
duty as lawyer of the government.
o Mandamus will lie to compel him to
perform if refusal is based on flimsy
grounds.
A lawyer shall observe the same standard
for all clients
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 purpose of the legal profession is to
render public service and secure justice for
those who seek its aid.
The gaining of a livelihood is only a secondary
consideration.
Amount of attorney’s fees or client’s financial
capability to pay should not serve as a test to
determine the extent of the lawyer’s devotion
to his client’s cause.
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CHAPTER 7 – LAWYER’S
DUTIES IN HANDLING
CLIENT’S CAUSE
Canon 15. A lawyer shall observe candor,
fairness and loyalty in all his dealings and
transactions with his clients.
Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon
as practicable whether the matter would
involve a conflict with another client or his
own interest, and if so, shall forthwith
inform the prospective client.
Rule 15.02. A lawyer shall be bound by
the rule on privileged communication in
respect of matters disclosed to him by a
prospective client.
Rule 15.03. A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a full
disclosure of the facts.
Rule 15.04. A lawyer may, with the
written consent of all concerned, act as
mediator, conciliator or arbitrator in
settling disputes.
Rule 15.05. A lawyer when advising his
client shall give a candid and honest
opinion on the merits and probable results
of the client’s case, neither overstating
nor understanding the prospects of the
case.
Rule 15.06. A lawyer shall not state or
imply that he is able to influence any
public official, tribunal or legislative body.
Rule 15.07. A lawyer shall impress upon
his client compliance with the laws and
the principles of fairness.
Rule 15.08. A lawyer who is engaged in
another profession or occupation
concurrently with the practice of law shall
make clear to his client whether he is
acting as a lawyer or in another capacity.
A. ENTIRE DEVOTION WITHIN THE LAW
Generally
No lawyer is obliged to act as advocate for
every person who may wish to secure his
services. He has the right to decline
employment.
No fear of judicial disfavor or public
unpopularity should restrain him from the full
discharge of his duty.
In the judicial forum, the client is entitled to
the benefit of any and every remedy and
defense that is authorized by law, and he may
expect his lawyer to assert every such
remedy or defense.
Once he agrees to take up the cause of a
client, the lawyer owes fidelity to such cause
and must always be mindful of the trust and
confidence reposed in him.
He must serve the client with competence
and diligence, and champion the latter’s
cause with whole-hearted fidelity, care, and
devotion.
A lawyer who performs his duty with diligence
and candor not only protects the interest of
his client; he also serves the ends of justice,
does honor to the bar, and helps maintain the
respect of the community to the legal
profession. (Aromin v. Atty. Boncavil)
Every case a lawyer accepts deserves his full
attention, diligence, skill, and competence
regardless of its importance and whether he
accepts it for a fee or free. Certainly, a
member of the Bar who is worth his title
cannot afford to practice the profession in a
lackadaisical fashion. A lawyer’s lethargy is
both unprofessional and unethical (Jardin v.
Atty. Villar)
The court as guardian of the legal profession
expects a lawyer to employ all the energies at
his command. It demands of him the most
scrupulous performance of his duty.
Negligence thereof will cause delay in the
administration of justice or prejudice the
litigant’s rights.
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Public interest requires that an attorney exert
his best efforts in the prosecution or defense
of his client’s cause.
A lawyer shall perform duty within the law
Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness.
Duties of attorneys. - It is the duty of an
attorney: (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. (Rule 138, Sec. 20, Rules of Court)
Duty to secure for the client, through
honorable means, only what is justly due him.
A lawyer is required to represent his client
within the bounds of the law. The CPR enjoins
him to employ only fair and honest means to
attain the lawful objectives of his client and
warns him not to allow his client to dictate
procedure in handling the case. He may use
arguable construction of the law or rules
which are favorable to his client. But he is not
allowed to knowingly advance a claim or
defense that is unwarranted under existing
law.
The trust confided to an attorney must be
performed within the bounds of law.
His office does not permit violation of law or
any manner of fraud or chicanery.
He swore, upon his admission to the practice,
to uphold the cause of justice, obey the law,
and do no falsehood.
There is nothing in the duty to a client which
makes it necessary for a lawyer to swear to
that which is false, to disregard the truth and
defy the clear purpose of the law, or to obtain
for his client something to which he is not
justly and fairly entitled.
To permit lawyers to resort to unscrupulous
practices for the protection of the supposed
rights of their clients is to defeat the
administration of justice.
When rendering any improper service or
advice, the lawyer invites stern and just
condemnation.
He must also observe and advise his client to
observe the statute law, though until a
statute shall have been construed and
interpreted by competent jurisdiction, he is
free and is entitled to advice as to its validity
and as to what he conscientiously believes to
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.
A lawyer shall give candid advice on merits
of case
A lawyer should endeavor to obtain full
knowledge of his client's cause before
advising thereon.
Rule 15.05. A lawyer when advising his
client shall give a candid and honest opinion
on the merits and probable results of the
client’s case, neither overstating nor
understanding the prospects of the case.
It is incumbent upon a lawyer to give his
client an honest opinion on the probable
results of the case, with the end vie of
promoting respect for the law and legal
processes.
As officers of the court, counsels are under
obligation to advice their clients against
making untenable and inconsistent claims.
If a lawyer finds his client’s contemplated civil
suit totally devoid of merit or wholly
defenseless, he should inform his client and
dissuade him from filing or to compromise
rather than traverse the incontrovertible.
If, on the other hand, he finds that his client’s
cause is fairly meritorious and ripe for judicial
adjudication, he should refrain from making
bold and confident assurances of success.
Rule 15.06. A lawyer shall not state or imply
that he is able to influence any public official,
tribunal or legislative body.
The miscarriages to which justice is subject,
by reason of surprises and disappointments in
evidence and witnesses, through mistakes
and errors of courts, even though only
occasional, admonish lawyers to beware of
bold and confident assurances to clients,
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especially where the employment may
depend upon such assurance.
Duty to comply with client’s lawful request
A lawyer should endeavor to seek instruction
from his client on any substantial matter
concerning the litigation, which may require
decision on the part of the client, such as
whether to compromise the case or to appeal
an unfavorable judgment.
He should give his client sound advice on any
similar matters and comply with the client’s
lawful instructions.
He should resist and should never follow any
unlawful instruction of his client.
In matters of law, it is the client who should
yield to the lawyer.
Rule 19.03. A lawyer shall not allow his
client to dictate the procedure in handling the
case.
He should not act like an errand boy at the
beck and call of his client, ready and eager to
do his bidding.
He must obey his own conscience and not
that of his client.
The responsibility for advising as to
questionable defenses is the lawyer's
responsibility. He cannot escape it but urging
as an excuse that he is only following his
client's instructions.
A lawyer who files a pleading which contains
contemptuous allegations cannot evade
responsibility by saying that he is merely the
―mouthpiece‖ of his client and that his client
verified the same.
He is not just an instrument of his client.
While he owes devotion to him, he cannot
overstep the bounds set by his responsibility
as a lawyer. For his duty to the court is not
secondary to that of his client.
As to incidental matters pending trial, not
affecting the merits of the cause, or working
substantial prejudice to the rights of the
client, such as forcing the opposite lawyer to
trial when he is under affliction or
bereavement; forcing the trial on a particular
day to the injury of the opposite lawyer when
no harm will result from a trial at different
time; agreeing to an extension of time for
signing a bill of exceptions, cross
interrogatories and the like
No client has a right to demand that his
counsel shall be illiberal, or that he does
anything therein repugnant to his own sense
of honor and propriety.
Duty to restrain client from impropriety
A lawyer should use his best efforts to
restrain and to prevent his clients from doing
those things which the lawyer himself ought
not to do, particularly with reference to their
conduct towards courts, judicial officers,
jurors, witnesses and suitors. If a client
persists in such wrongdoings the lawyer
should terminate their relation.
A lawyer shall not undertake influence-
peddling
Rule 15.06. A lawyer shall not state or imply
that he is able to influence any public official,
tribunal or legislative body.
Influence peddling is highly unethical and
may constitute violation of the Anti-Graft and
Corrupt practices Act.
B. EMPLOYMENT OF HONORABLE MEANS
Duty to employ honorable means only
Rule 19.01. A lawyer shall employ only fair
and honest means to attain the lawful
objectives of his client and shall not present,
participate in presenting or threaten to
present unfounded criminal charges to obtain
an improper advantage in any case or
proceeding.
Rule 138, Sec. 20(d). Duties of attorneys.—
It is the duty of an attorney: (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
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officer by an artifice or false statement of fact
or law.
(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;
(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 the justice of the cause
with which he is charged;
It is improper for a lawyer to assert in
argument his personal belief in his client's
innocence or in the justice of his cause.
1. The lawyer’s personal belief has no
real bearing on the case.
2. If expression of belief were permitted,
it would give improper advantage to
the older and better known lawyer
whose opinion would carry more
weight.
3. If such were permitted, omission to
make such assertion might be taken
as an admission of the lack of belief in
the soundness of his client’s cause.
Technical defense
Some defenses, when employed to defeat
clearly valid claims, may raise questions
of propriety.
Some hold the view that the defenses of
infancy or lack of capacity to be sued,
statute of frauds, and statute of
limitations may not, in the absence of
some other defense, be properly raised to
frustrate honest and just demands.
Much can be said against the soundness of
that view.
The fact that those defenses have been
provided by law shows that a litigant may
avail of them and his counsel may assert
and make them effective.
The statute of fraud is designed to prevent
fraud and the law denies relief to a party
who sleeps on his rights.
The negative defense of lack of knowledge
or information as permitted by the rules
must be availed of with sincerity and in
good faith. It must not be employed to
delay the litigation.
Prosecuting or defending matrimonial
cases
Civil Code, Art. 52. Marriage is not a mere
contract but an inviolable social
institution.
Civil Code, Art. 88. No judgment annulling
a marriage shall be promulgated upon a
stipulation of facts or by confession of
judgment.
Civil Code, Art. 101. No decree of legal
separation shall be promulgated upon a
stipulation of facts or by confession of
judgment.
Art. 222. No suit shall be filed or
maintained between members of the same
family unless it should appear that earnest
efforts toward a compromise have been
made.
In annulment and legal separation
proceedings, the circumstance that the
State is vitally interested in the
maintenance of the marriage relation does
not make improper the lawyer’s
appearance in securing for his client what
is due him under the law.
What is unethical is the lawyer’s
participation in any collusion between the
parties such as:
o By encouraging the commission of
a matrimonial offense.
o Fabricating evidence of such
offense not actually committed.
o Suppressing evidence of a valid
defense.
A lawyer should also avoid any act which
may raise suspicion of collusion.
A lawyer should always incline the scale of
his decision in favor of that solution which
will serve best all his loyalties, by
declining the professional employment or
terminating a professional relationship.
A lawyer shall rectify client’s fraud
Rule 19.02 A lawyer who has received
information that his client has, in the course
of the representation, perpetuated a fraud
upon a person or tribunal, shall promptly call
upon the client to rectify the same, and failing
which he shall terminate the relationship with
such client in accordance with the Rules of
Court.
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When a lawyer discovers that some fraud or
deception has been practiced, which was
unjustly imposed upon the court or party, he
should endeavor to rectify it; at first by
advising his client, and if his client refuses to
forego the advantage thus unjustly gained, he
should promptly inform the injured person or
his counsel, so that they may take
appropriate steps. (Canon 41, Code of
Professional Ethics)
Canon 41 may collide with the lawyer’s duty
to keep the client’s confidence inviolate,
which may be the reason why the Code of
Professional Responsibility merely requires
the lawyer to terminate his relationship with
the client in the event the latter fails or
refuses to rectify the fraud.
C. WHAT ARE REQUIRED TO PROTECT
CLIENT’S INTERESTS
Generally
Canon 18. A lawyer shall serve his client with
competence and diligence.
By accepting a retainer, a lawyer impliedly
represents that:
a. He possesses requisite degree of
learning, skill, ability which is
necessary to the practice of his
profession and which other similarly
situated possess;
b. He will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him;
c. He will exercise reasonable and
ordinary care and diligence in the use
of his skill and in the application of his
knowledge to his client’s cause;
d. He will take such steps as will
adequately safeguard his client’s
interest. A client may reasonably
expect that counsel will make good his
representations.
Rule 18.03. A lawyer shall not neglect a
legal matter entrusted to him, and his
negligence in connection therewith shall
render him liable.
A lawyer who delayed filing an action to
revive a judgment and thereafter filed a
defective complaint that it did not suspend
the prescriptive period to file an action
betrayed his client’s trust and did not
champion his cause.
Duration and extent of a lawyer’s duty to
safeguard client’s interest
The attorney’s duty to safeguard the client’s
interest commences from his retainer until his
effective release from the case.
During that period, he is expected to take
such reasonable steps and such ordinary care
as his client’s interests may require.
The failure of his client to pay him his fees
does not warrant his abandoning the case.
A lawyer shall render service only when
qualified to do so
Rule 18.01. A lawyer shall not undertake a
legal service which he knows or should know
that he is not qualified to render. However he
may render such service if, with the consent
of his client, he can obtain as collaborating
counsel a lawyer who is competent on the
matter.
A lawyer shall not handle a case without
adequate preparation
Rule 18.02. A lawyer shall not handle any
legal matter without adequate preparation.
Lawyer should safeguard his client’s rights
and interests by:
1. Thorough study and preparation;
2. Mastering applicable law and facts
involved in a case, regardless of the
nature of the assignment; and
3. Keeping constantly abreast of the
latest jurisprudence and developments
in all branches of the law.
Inadequate preparation spawns adverse
effects that go far beyond the personal
interest of the client.
When the merits of one side of a case are not
properly presented because of inadequate
legal presentation, the court may be misled
by looking at the case in an uneven light.
Careless preparation may cast doubt upon the
lawyer’s intellectual honesty.
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Thorough study and preparation will not
ensure winning the litigation, but there is
deep satisfaction of having lost a case but
won the esteem and respect of his client and
the approbation of the court in the manner he
espoused his client’s cause with skill,
diligence, ability, and candor.
Preparation of pleadings
A lawyer’s pleading:
o Shows the extent of his study and
preparation;
o Articulates his ideas as an officer of
the court;
o Mirrors his personality and reflects his
conduct and attitude toward the court,
the opposing party and his counsel.
o Is a document embodying the result of
his work and furnishing the basis on
which to judge his competence.
All of the above considerations emphasize the
need for utmost care in the preparation of a
pleading.
A pleader should bear in mind the substantive
and procedural requirements of the pleading
to be filed in the court.
He should not suppress or distort material
and vital facts nor omit relevant documents
which bear on the merit or lack of merit of his
petition.
Honesty toward the court to enable it to
better appraise its merit or deficiency.
The Rules of Court prescribe the procedural
requirements, such as in the verification and
in the certification against forum shopping.
Rule 7, Sec. 4., Rules of Court: Verification.
Except when otherwise specifically required
by law or rule, pleadings need not be under
oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the
affiant has read the pleading and that the
allegations therein are true and correct of his
knowledge and belief.
In the verified certification against forum
shopping, it is signed only by the party
himself and not his lawyer, and it may only be
executed by a corporate officer who has been
duly authorized by its board of directors. If
there are two or more parties, all of them
should sign.
o Except:
When one has been duly
authorized to do so by his co-
party.
Where the petitioners are
husband and wife involving
their property, in which case
only one of them may sign.
In verifying a pleading, the certification of the
notary public must state that the affiant
personally appeared before him, that the
affiant is personally known to the notary
public or that the affiant exhibited to him an
official identification issued by a government
agency showing his picture and signature. As
required by the notarial law and rule issued
by the Supreme Court.
If a lawyer fails to comply with these
requirements, the complaint may be
dismissed or his client may lose the case.
―The client is bound by the action of his
counsel, as well as by his mistake or
negligence,‖ and may even subject the lawyer
to disciplinary action.
Interviewing witnesses
A lawyer may interview a witness in advance
of trial to guide him in the management of
litigation.
A witness is the human instrumentality
through which the law and the judges and
lawyers, endeavor to ascertain the truth and
to dispense justice to the contending parties.
An attorney violates no ethical rule when he
ascertains from a witness what the latter
know and does not know about the facts in
controversy.
What is unethical is to tell the witness to say
something which is false.
A lawyer may properly interview any witness
or prospective witness for the opposing side
in any civil or criminal action without the
consent of opposing counsel or party. In
doing so, however, he should scrupulously
avoid any suggestion calculated to induce the
witness to suppress or deviate from the truth,
or in any degree to affect his free and
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untrammeled conduct when appearing at the
trial or on the witness stand.
A lawyer may properly obtain statements
from witnesses whose names were furnished
by the opposing counsel or interview the
employees of the opposing party even though
they are under subpoena to appear as
witnesses for the opposite side.
If after trial resulting in defendant’s
conviction, his counsel has been advised that
a prosecution witness committed perjury, it is
the lawyer’s duty to endeavor honorably to
obtain such witness’ retraction.
An adverse party, though he may be used as
a witness, is not a witness within the meaning
of the rule permitting a lawyer to interview
the witness of the opposing party.
A lawyer should not in any way communicate
upon the subject of controversy with a party
represented by counsel, much less should he
undertake to negotiate or compromise the
matter with him, but should deal only with his
counsel.
What to do in case of conflict of trial dates
Two or more cases set for trial in different
courts and on the same date without the
lawyer’s previous knowledge should ask for
postponement of the latter cases as he should
not give undue preference for the work in one
against the other.
o Except: In favor of that case wherein
the court has served warning in view
of previous repeated postponements
Motion for postponement should be presented
at such time as practicable to prevent the
adverse party from coming to court with his
witnesses on the date of trial as to spare
unnecessary expense.
A lawyer should not assume that his motion
for postponement will be granted even if the
adverse party conforms since the court is not
bound thereby.
When the motion for postponement has been
denied or the case has been set for trial for
the last time, the lawyer must take
precautionary measures such as notifying the
court or asking his clients to secure the
services of another lawyer or requesting
another attorney to appear for him.
Adoption of a system to insure receipt of
mails
Rule 13, Sec. 10. Rules of Court
Completeness of service.
Service by ordinary mail is complete upon the
expiration of ten (10) days after mailing,
unless the court otherwise provides.
Service by registered mail is complete upon
actual receipt by the addressee, or after five
(5) days from the date he received the first
notice of the postmaster, whichever date is
earlier.
This rule imposes upon a lawyer the duty to
maintain a system that will insure his prompt
receipt of notices and communications sent to
him by mail at his address of record.
The failure or refusal of a lawyer to claim
registered mails addressed to him may prove
prejudicial to his client’s interests, as when as
a consequence thereof, he fails to attend a
hearing, to file a responsive pleading on time,
pay the docket fee, or appeal an adverse
judgment.
Circumstances that will not warrant reopening
of the litigation nor prevent the service by
registered mail from being effective after 5
days’ notice:
1. That a lawyer could not afford to hire a
regular clerk to claim his mail.
2. That his clerk failed to call his
attention to it.
3. That the demands of his work required
him to be in different places.
4. That he changed his address without
notice to the court thereof.
Notice of change of address
Without his address being recorded in the
case, a lawyer will not be entitled to be
served with judicial notice.
Without informing the court in writing of such
change, a notice served at the attorney’s
original address is binding upon the client.
Insofar as the court is concerned, the last
address on record is the place where all
notices shall be served until the court is
officially informed to the contrary.
Notice of death of client
Rule 3, Sec. 16. Rules of Court: Death of
party; duty of counsel:
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Whenever a party to a pending action dies,
and the claim is not thereby extinguished, it
shall be duty of his client to inform the court
within 30 days after such death of the fact
thereof, and to give the name and address of
his legal representative or representatives.
Failure of counsel to comply with this duty
shall be a ground for disciplinary action.
The legal representatives can be substituted
as parties.
The failure of giving such notice binds his
client as well as the heirs of any judgment.
The court does not take judicial notice of the
death of a party and will render decision as if
the party is alive.
Requiring clerk of court to do his duty
Rule 20, Section 1. Rules of Court: Calendar
of cases.
The clerk of court, under the direct
supervision of the judge, shall keep a
calendar of cases for pre-trial, for trial, those
whose trials were adjourned or postponed,
and those with motions to set for hearing.
If the clerk of court is negligent, it is the
lawyer’s duty to call the attention of the court
to that fact so that the administration of
justice will not suffer any delay.
While an appellant may expect the clerk of
court to do his duty, it does not discharge the
counsel from the responsibility of seeing that
the record on appeal and evidence are
elevated to the appellate court.
Duty to keep client fully informed
Duty to advise promptly the client of any
important information.
Notify client of an adverse decision within the
period to appeal to enable the client to decide
whether to seek appellate review.
Keeping the client fully informed of important
developments of his case will minimize
occasions for misunderstanding or loss of
trust and confidence.
The client should not, however, sit idly by. It
is also the client’s duty to make proper
inquiries from his counsel concerning his
case.
What is required when moving from time to
file pleading or to postpone hearing
Pressure of work or some unavoidable
reasons may constrain a lawyer to file a
motion for extension of time to file pleadings.
A lawyer should not assume that such motion
will be granted.
A lawyer should inquire from the clerk of
court the court’s action thereon.
He runs the risk of time running out on him.
Where a motion for extension has remained
unacted, the least that is expected of a
lawyer in the meanwhile is to file it within the
time asked for.
When there is failure after the lapse of the
period, he should nonetheless file it with a
motion for leave to admit it, stating the
reasons for the delay.
Rule 12.03. A lawyer shall not, after
obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse
without submitting to the same or offering an
explanation for his failure to do so.
Rule 12.04. A lawyer shall not unduly delay
a case, impede the execution of a judgment
or misuse court processes.
The court frowns upon the lawyers’ practice of
repeatedly seeking extensions and thereafter
simply letting the period lapse without
submitting any pleading or even explanation
for their failure.
Postponement is not a matter of right but of
sound judicial discretion.
Diligence in handling case
A lawyer must exercise ordinary diligence or
that reasonable degree of care and skill
having reference to the character of the
business he undertakes to do.
He is not, however, bound to exercise
extraordinary diligence.
What amounts to carelessness or negligence
depends upon the circumstances of the case.
There is want of diligence where:
1. The lawyer failed, without sufficient
justification, to bring an action
immediately.
2. Failure to file the answer to the
complaint within the reglementary
period.
3. Failure to notify his client of the date
of the hearing.
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4. Failure to attend the scheduled pre-
trial conference or hearing.
5. Failure to prosecute the action for a
reasonable period.
6. Failure to inform the client of an
adverse judgment within the
reglementary period to appeal.
7. Failure to take steps to have the
adverse decision reconsidered or
appealed.
8. Failure to ascertain the correct date of
receipt of the decision.
9. Failure to acquaint himself with what
has happened to the litigation.
10. Failure to pay the docket fee on
appeal.
11. Failure to claim judicial notices sent to
him by mail.
12. Failure to file the appellant’s brief.
A new counsel, who enters his appearance in
midstream, has the duty not only to
thoroughly study the case but also to inquire
as to the status of the case. Failure to do so
prevents him from taking required steps and
may adversely affect his client’s interests.
Rule 18, Sec. 4, Rules of Court: Appearance
of Parties.
It shall be the duty of the parties and their
counsel to appear at the pre-trial.
The non-appearance of a party may be
excused only if a valid cause is shown
therefor or if a representative shall appear in
his behalf fully authorized in writing to enter
into an amicable settlement, to submit to
alternative modes of dispute resolution, and
to enter into stipulations or admissions of
facts and of documents.
Pressure and large volume of legal work
provide no excuse for the lawyer’s inability to
exercise due diligence in the performance of
his duty to take the necessary legal steps to
protect his client’s interest.
A lawyer who finds it impracticable to
continue representing a client should inform
the latter of his predicament and ask that he
be allowed to withdraw from the case to
enable the client to engage the services of
another counsel who can study the situation
and work out a solution.
Where the client refuses to cooperate or is
nowhere to be found, a lawyer should ask
that he be discharged or should apply to the
court that he be released.
Retirement from the case should be made on
record. His impending release from
professional obligation does not excuse him
from the non-performance thereof.
D. STANDARD OF DUTY IN CRIMINAL
ACTIONS
Duty to render effective legal service
The lawyer must decline to conduct a civil
cause or to make a defense when convicted
that it is intended merely to harass or to
injure the opposite party or to work
oppression or wrong.
It is the right of the lawyer to undertake the
defense of a person accused of crime,
regardless of his personal opinion as to the
guilt of the accused.
The right of an accused to counsel finds
substance in the performance by the lawyer
of his sworn duty of fidelity to his client. It
means an efficient and truly decisive legal
assistance and not simply a perfunctory
representation.
Rule 138, Sec. 20 (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.
A lawyer may not cause the transfer, through
misrepresentation, of a case pending in one
sala to another of the same court without the
knowledge and consent of the judge taking
cognizance of said case for the purpose of
obtaining from the second sala a more
satisfactory remedy.
A lawyer, in seeking reversal of a lower
court’s conviction of his client, may not
attribute to the trial judge personal motives
or attacking him acrimoniously behind his
back in his appeal brief.
The interest of the public requires that every
verdict be rendered only upon the issues
raised and evidence presented, uninfluenced
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by pleas of counsel to passion, prejudice, or
distorted sense of justice.
It is a disgrace to the bar and an affront to
the court for a lawyer to plead that, on behalf
of an accused charged with killing a person
for monetary consideration, that his accused
client was a ―poor, ignorant man blinded by
the promise of wealth,‖ and it was too great a
temptation to resist.
It is improper for a lawyer to assert in
argument his personal belief in his client's
innocence or in the justice of his cause. The
lawyer is bound, by all fair and honorable
means, to present every defense that the law
of the land permits, to the end that no person
may be deprived of life or liberty but by due
process of law.
What is required of counsel de oficio
He is expected to render effective service and
to exert his best efforts on behalf of an
indigent accused.
He has the bounden duty to exert utmost
efforts to defend his client and protect his
rights, no matter how guilty or evil he
appears to be.
The performance of his duty is all the more
imperative because the life of the accused
hangs in the balance.
He failed in the performance of such duty as
counsel for the accused:
o Where he refused to cross-examine
the offended party in a rape case
because he believed she was telling
the truth and did not present evidence
for the accused.
o Where barely days after accused client
pleaded ―not guilty‖ he filed a
manifestation in open court that his
client was changing his plea to that of
―guilty.‖
The court requires strict accountability in the
performance of a lawyer’s duty to the
impoverished client.
A counsel de oficio ought not to ask to be
excused from his responsibility for any trivial
reason.
Nor does his appointment as an election
registrar justify his release from his
responsibility as counsel de oficio unless on
valid grounds.
Duty of defense counsel when accused
intends to plead guilty
Plea of guilty: An admission by the accused of
his guilt of a crime as charged in the
information and of the truth of the facts
alleged, including the qualifying and
aggravating circumstances.
The imposition of sentence proceeds from a
plea that is truthful and made voluntarily by
the accused with full awareness of its
consequences and of his rights.
It is the duty of defense counsel when his
client desires to enter a plea of guilty, to:
1. Fully acquaint himself with the records
and surrounding circumstances of the
case;
2. Confer with the accused and obtain
from him his account of what had
happened;
3. Advise him of his constitutional rights;
4. Thoroughly explain to him the import
of a guilty plea and the inevitable
conviction that will follow; and
5. See to it that the prescribed procedure
which experience has shown to be
necessary to the administration of
justice is strictly followed and
disclosed in the court records.
In grave offenses, after the plea of guilty, the
prudent and proper course to follow is for the
trial court to require the taking of testimony
of the accused so as to establish the precise
degree of his culpability and leave no room
for doubt that there is no mistake or
misunderstanding as to the nature of the
charges.
The review by the Supreme Court of a lower
court’s judgment would permit judicial inquiry
as to the extent a defense counsel has
performed his duty to an accused who
pleaded guilty to a capital offense and would
minimize the denial of an accused’s right to
an effective assistance of counsel.
Taking of testimony after a plea of guilty
could also prevent the imposition of an
incorrect penalty.
The guilty plea system is not conducive to a
sound attorney-client relationship.
It has been asserted that there are some
―professional writrunners and pleaders‖ –
lawyers who handle large volume of cases for
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less than spectacular fees by advising,
influencing, cajoling, or even coercing clients
to plead guilty, irrespective of their guilt or
innocence.
A lawyer who has been thrice appointed
counsel de oficio, cautions the courts from
frequently appointing the same attorney to
prevent the possibility of having the
compensation for services rendered as a
regular source of income, as the counsel
might be inordinately eager to finish the
cases to be able to collect his fees at the
earliest possible time.
And the quickest and easiest way to
accomplish that purpose is to ask an accused
to plead guilty even when counsel knows his
client did not commit the offense.
The guilty plea system puts even the most
reputable lawyer into a trying situation.
Where a guilty plea would be an advantage in
view of the evidence of guilt and the
prosecutions’ offer to charge him with a lesser
offense, notwithstanding the accused insisting
his innocence.
If he were to advise his client to enter a plea
of not guilty, he may be less than true to his
duty of extending the best legal assistance to
the accused.
On the other hand, if he were to advise a
guilty plea to the lesser offense, a problem
arises as to the correctness of the step taken
especially when evidence is adduced, the
accused appears to be innocent.
There appears to be no immediate solution in
sight to the ethical and economic problems
posed by the guilty plea system.
Such problems underscore the need for a
defense counsel to be conscientious and
diligent in the discharge of his duties to the
accused.
E. CONSEQUENCES OF FAILURE TO
PERFORM DUTIES
Generally
Failure of the lawyer may render him
administratively liable, which may be a
reprimand, warning, suspension from the
practice of law, and even disbarment
depending upon the circumstances and
prejudice caused to the client.
Consequences to a client for lawyer’s breach
of trust
The client may lose his case due to the
negligence or misconduct of his counsel
because the client is generally bound by his
lawyer’s omission or mistake.