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CANON 4 To elevate the standards of the legal profession

A lawyer shall PARTICIPATE in the Improvement of the To improve the administration of justice

Legal System by Initiating or Supporting efforts in Law To enable the Bar to discharge its responsibility more

Reform and in the Administration of Justice. effectively.

Examples: Presenting position papers or resolutions The three-fold obligation of a lawyer


First, he owes it to himself to continue improving his
for the introduction of pertinent bills in congress;
Petitions with the Supreme Court for the amendment of knowledge of the laws;
Second, he owes it to his profession to take an active
the Rules of Court.
interest in the maintenance of high standards of legal
education;
Improvement of the Legal System Third, he owes it to the lay public to make the law a
part of their social consciousness.
- It is every lawyers duty to improve the legal system in
the country
MANDATORY CONTINUING LEGAL EDUCATION
- Through COLLECTIVE EFFORTS, lawyers can - To keep the lawyers, specially practicing lawyers,
contribute to the Enhancement of the System by:
abreast with the law and jurisprudence, continuing
1) PRESENTING Position Papers / Resolutions for the legal education should be made MANDATORY by the
Introduction of Pertinent Bills in the Congress Supreme Court
2) PETITIONS with the Supreme Court for the
Amendment of the Rules of Court or Introduction of - Bar Matter No. 850 implemented the MCLE
New Rules - Complete every 3 years at least 36 hours of
3) PETITIONS with the IBP and other Forums which continuing legal education on specified subjects
have Any Relevant Influence to the System
- Some lawyers are exempted
o Lawyers associations may devise and
maintain programs of continuing legal o Justices of SC
education throughout the country o CA
4) CREATE Law Centers and Libraries for Legal o Sandiganbayan
Research
5) Experienced legal practitioners and professors of law o RTC Judges
may WRITE Legal Publications or Books as an o Law Deans
Avenue of Improving the Legal System o Some law professors
o Members of Congress
Lawyers who are members of Congress are in the
best position to take a close look at the system and
introduce bill for the improvement thereof

Others, who may NOT members of Congressmen and CANON 6


urge them to initiate suggested law reform These canons shall apply to lawyers in government
service in the discharge of their official tasks.

Public Officials include elective and appointive


CANON 5 officials and employees, permanent or temporary,
A lawyer shall keep abreast of legal whether in the career or non-career service, including
developments, participate in continuing legal education military and police personnel, whether or not they
programs, support efforts to achieve high standards in law receive compensation, regardless of amount. (Sec. 3
schools as well as in the practical training of students and (b), RA 6713).
assist in disseminating information regarding the law and
The law requires the observance of the following
jurisprudence.
norms of conduct by every public official in the
discharge and execution of their official duties:

OBJECTIVES OF THE IBP


1. Commitment to Public Interest Sec 3. Corrupt practice of Public Officers. In addition to acts
2. Professionalism or omission of public officers already penalized by existing law,
3. Justness and Sincerity the following shall constitute corrupt practice of any public
4. Political Neutrality officer and are hereby declared to be unlawful:
5. Responsiveness to the Public
6. Nationalism and Patriotism (d) accepting or having any member of his family accept
7. Commitment to Democracy employment in a private enterprise which has pending official
8. Simple Living (Sec. 4, RA 6713)
business with him during the pendency thereof or within one
year after termination.

Rule 6.01 Section 7 (b) of RA 6713 prohibits officials from doing any of
The Primary Duty of a Lawyer engaged in public the following acts:
prosecution is not to convict but to see that justice is
done. The suppression of facts or the concealment of 1. own, control, manage or accept employment as
witnesses capable of establishing the innocence of the officer, employee, consultant, counsel, broker, agent,

accused is highly reprehensible and is cause of trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly
disciplinary action.
allowed by law.
- Primary Duty of a PROSECUTOR
o As a quasi-judicial officer
These prohibitions shall continue to apply for a period of one
o He should seek IMPARTIAL Justice
(1) year after resignation, retirement, or separation from public
o Must be concerned with seeing that no
office, except in the case of subparagraph (b) (2) above, but
innocent man suffers as in seeing that no
the professional concerned cannot practice his profession in
guilty man escapes
connection with any matter before the office he used to be
Rule 6.02
with, in which case the one year prohibition shall likewise
A lawyer in the government service shall not use
apply.
his public position to promote or advance his private
interest, nor allow the latter to interfere with his public Lawyers in the government service are prohibited to
duties. 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
Rule 6.03 official functions.
Misconduct in office as a public official may be a
A lawyer shall not, after leaving government service,
ground for disciplinary action (if of such character as to
accept engagements or employment in connection with
affect his qualification as lawyer or to show moral
any matter in which he had intervened while in said
delinquency).
service.
Should recommend the acquittal of the accused
Various ways a government lawyer leaves
whose conviction is on appeal, IF he finds no legal
government service:
basis to sustain the conviction.
1. retirement
Includes restriction is representing conflicting interest
2. resignation
(e.g. Accepting engagements vs. former employer,
3. expiration of the term of office
PNB)
4. dismissal
The OSG is not authorized to represent a public
5. abandonment
official at any state of a criminal case.

Q: What are the pertinent statutory provisions


regarding this Rule?
Chapter II
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 The Lawyer and the Legal Profession
It is the duty of a lawyer to inform the SC or the IBP of
CANON 7 such malpractice to the end that the malpractitioner be
A lawyer shall at all times uphold the integrity and properly disciplined.
Not to use in pleadings and in practice the following:
dignity of the legal profession, and support the activities
disrespectful, abusive and abrasive language, offensive
of the integrated bar.
personalities, unfounded accusations or intemperate
words tending to obstruct, embarrass or influence the
Rule 7.01
court in administering justice.
A lawyer shall be answerable for knowingly Want of intention: not an excuse for the disrespectful
making false statements or suppressing a material fact, in language used. It merely extenuates liability.
connection with his application for admission to the bar.

Rule 7.02
A lawyer shall not support application for CANON 9
admission to the bar by any person known to him or be A lawyer shall not directly or indirectly assist in
unqualified in respect to character, education, or other the unauthorized practice of law.
relevant attribute.

Rule 7.03 Rule 9.01


A lawyer shall not engage in conduct that A lawyer shall not delegate to any unqualified
adversely reflects on his fitness to practice law, nor person the performance of any task which by law may
should he, whether in public or private life, behave in a only be performed by a member of the bar in good
scandalous manner to the discredit of the legal standing.
profession.

Upright character; not mere absence of bad character. Rule 9.02


A lawyer must at all times conduct himself properly as A lawyer shall not divide or stipulate to divide a fee
not to put into question his fitness to practice law. for legal services with persons not licensed to practice
Avoid scandalous conduct; not only required to refrain
law, EXCEPT:
from adulterous relationships or the keeping of mistress
but must also behave himself as to avoid scandalizing
1. a. Where there is a pre-existing agreement,
the public by creating the belief that he is flouting those
with a partner or associate that , upon the latters
moral standards.
death, money shall be paid over a reasonable
period of time to his estate or to the persons
specified in the agreement; or

CANON 8
2. b. Where a lawyer undertakes to complete
A lawyer shall conduct himself with courtesy, unfinished legal business of a deceased lawyer; or
fairness and candor towards his professional colleagues,
and shall avoid harassing tactics against opposing
counsel. 3. c. Where a lawyer or law firm includes non-
lawyer employees in a retirement plan, even if the
Rule 8.01 plan is based in whole or in part of a profit sharing
arrangements.
A lawyer shall not, in his professional dealings,
use language which is abusive, offensive or otherwise
Lawyer shall not negotiate with the opposite party
improper.
who is represented by a counsel. Neither should
lawyer attempt to interview the opposite party and
Rule 8.02 question him as to the facts of the case even if the
A lawyer shall not, directly or indirectly, encroach upon adverse party is willing to do so.
the professional employment of another lawyer; however,
it is the right of any lawyer without fear or favor, to give Lawyer should deal only with counsel, even if theres
proper advice and assistance to those seeking relief a fair agreement.
against unfaithful or neglectful counsel.

Lawyer may however interview any witness or


prospective witness for the opposing side. Limitation:
avoid influencing witness in recital and conduct.
A lawyer must not take as partner or associate one A lawyer cannot delegate his authority without clients
who: consent even to a qualified person.
1. is not a lawyer
2. is disbarred
3. has been suspended from the practice of law
4. foreign lawyer, unless licensed by the SC.

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