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LABOR LAW REVIEWER

LABOR LAW REVIEWER LEGAL ETHICS & FORMS 2010 LEGAL ETHICS LEGAL FORMS Copyright and all other
LABOR LAW REVIEWER LEGAL ETHICS & FORMS 2010 LEGAL ETHICS LEGAL FORMS Copyright and all other

LEGAL ETHICS & FORMS 2010

LEGAL ETHICS

LEGAL FORMS

Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law, the Faculty Editor and the Student Editorial Team.

The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the UP College of Law.

All rights are reserved.

of this book shall be reproduced or distributed without the consent of the UP College of

LEGAL ETHICS AND FORMS REVIEWER

LEGAL ETHICS

Table of Contents

ETHICS AND FORMS REVIEWER LEGAL ETHICS Table of Contents Chapter I. Legal Profession 3 C. Procedure
ETHICS AND FORMS REVIEWER LEGAL ETHICS Table of Contents Chapter I. Legal Profession 3 C. Procedure
ETHICS AND FORMS REVIEWER LEGAL ETHICS Table of Contents Chapter I. Legal Profession 3 C. Procedure

Chapter I. Legal Profession

3

C.

Procedure for Suspension or

I. Supervision and Control

3

Disbarment of Attorneys by the IBP

52

II. Practice of Law

3

D.

Procedure for Suspension or

III. Admission to Practice

4

Disbarment of Attorneys (Rule 139-B) by

1. Citizenship

5

the Supreme Court Motu Propio

52

2. Residence

5

E.

Imposition of Penalties in the

3. Age

5

Supreme Court

52

4. Good

Moral Character

5

III. Modifying Circumstances

53

5. Legal

Education

5

A. Mitigating Circumstances

53

6. Bar Examinations

6

B. Aggravating Circumstances

53

7. Lawyer’s Oath

7

C. Effect of Executive Pardon

53

Qualifications

IV. for Practice

7

IV. Reinstatement

53

1. Law Students

7

2. Agent

8

Chapter IV. Code of Judicial Conduct

55

3. Self-representation

8

I. Independence

55

V. Prohibition from Practice

8

II. Integrity

 

57

VI. Notarial Practice

9

III. Impartiality

57

IV. Propriety

 

59

Chapter

II.

Code

of Professional

V. Equality

61

Responsibility

11

VI. Competence and Diligence

61

I. Legal Ethics

11

II. Lawyer’s Duties to Society

12

Chapter V. Discipline of Judges

63

Canon

1

12

I. Liabilities of Judges

63

Canon

2

13

II. Discipline of Members of the Bench

63

Canon

3

16

Canon

4

19

Annexes

65

Canon

5

19

Indigent Clients

 

65

Canon

6

20

A. A.M. No. 04-2-04-SC

65

III. Lawyer’s Duties to the Legal Profession

B. RA 6033

65

22

C. RA 6034

66

Canon

7

22

D. RA 6035

66

Canon

8

23

E. PD 543

 

67

Canon

9

25

F. A.M. No. 08-11-7-SC (IRR)

68

IV. Lawyer’s Duties to the Courts

27

27

28

29

32

Special Law on Retired Justices and Judges

Canon 10

73

Canon 11

Law on Obstruction of Justice

75

Canon 12

2004 Rules on Notarial Practice

76

Canon 13

BAR MATTER

NO. 850

85

V. Lawyer’s Duties to the Client

33

[October 02, 2001]

85

Canon

14

33

BM No. 2012

91

Canon

15

34

Rule on Mandatory Legal Aid Service

91

Canon

16

36

B.M. No. 1153

94

Canon

17

38

Republic

Act

No.

9999

95

Canon

18

39

Republic

Act

No.

6713

97

Canon

19

40

Republic

Act

No.

3019

97

Canon

20

41

A.M. No. 02-9-02-SC

99

Canon

21

43

A. M. No. 00-8-10-SC

99

Canon

22

48

B.M. No. 2012

100

Rule 138-A

104

Chapter III. Discipline of Lawyers

50

Presidential Decree No. 1829

104

I. Liabilities of Lawyers

50

II. Power to Discipline Errant Lawyers

50

A. Forms of Disciplinary Measures

50

B. Suspension and Disbarment

51

Power to Discipline Errant Lawyers 50 A. Forms of Disciplinary Measures 50 B. Suspension and Disbarment

LEGAL ETHICS AND FORMS REVIEWER

LEGAL FORMS

Table of Contents

ETHICS AND FORMS REVIEWER LEGAL FORMS Table of Contents Part I. Parts Common to Forms 108
ETHICS AND FORMS REVIEWER LEGAL FORMS Table of Contents Part I. Parts Common to Forms 108
ETHICS AND FORMS REVIEWER LEGAL FORMS Table of Contents Part I. Parts Common to Forms 108

Part I. Parts Common to Forms

108

IV.

Pleadings and Other Legal Documents

A. Scilicet

108

Common to Civil and Criminal Procedure. 150

B. Captions and Titles

108

A. Offer

of

Evidence and

C. Prayer

109

Opposition/Comment to Offer

150

D. Statements Under Oath

109

B. Demurrer to Evidence

152

1. Acknowledgement and Jurat

109

C. Notice of Lis Pendens

154

2. Verification

111

D. Appearance and Withdrawal as Counsel

3. Certification against Forum Shopping

 

154

 

112

E. Substitution of Counsel

156

4. Verified Statement of Material Dates

113

Part V.

Pleadings in Cases and Special

5. Specific Denial of Due Execution of

Proceedings

157

Actionable Documents

114

A. Petition for Habeas Corpus

157

E. Request for and Notice of Hearing

114

B. Petition for Adoption

158

F. Proof of Service

115

C. Petition for Declaration of Nullity of

1. Proof of Personal Service

115

Marriage

158

2. Proof of Service by Registered Mail (with Explanation for failure to serve

D. Petition for Probate of Holographic Will

160

 

personally)

115

G. Place, Date, Signature, Address, Roll

Part VI.

Deeds, Contracts and Other Legal

Number, IBP Receipt Number, PTR

Documents

 

161

 

Number,

etc

116

A. General Power of Attorney

 

161

H. Notice of Appeal

117

B. Special Power of Attorney

162

 

C. Contract of Lease

 

163

Part II. Pleadings in Civil Procedure

118

D. Holographic and Notarial Will

 

164

A.

Complaint

118

E. Donation Inter Vivos

 

166

B.

Answer

120

F. Secretary’s Certificate

 

167

D.

Pre-Trial Brief

122

G. Board Resolutions

 

167

E.

Motions

124

H. Deed of Assignment

168

E.

Special Civil Actions

132

I. Deed of Sale

168

1. Certiorari

132

J. Dacion

En Pago

173

2. Prohibition

133

K. Chattel

Mortgage

174

3. Mandamus

134

4. Interpleader

135

Part VII.

Appeals

and

Other

Modes

of

5. Action to Quiet (or Remove Cloud on)

Review

175

Title

136

A. Ordinary

Appeals

in

Civil Cases

175

6. Action for Declaratory Relief

137

B. Ordinary

Appeals

in

Criminal Cases. 175

7. Quo Warranto

138

C. for Review

Petitions

 

176

Part III. Pleadings and Other Legal

Part VIII.

Forms Relevant to the Writs of

Documents in Criminal Procedure

139

Amparo and Habeas Data

177

A. Complaint-Affidavit and Counter-

A. Amparo

177

Affidavit

139

B. Writ of Habeas Data

180

B. Information and Complaint

142

C. Motions

145

Glossary of Uncommon Terms

183

1. Motion to Quash Information

145

2. Motion to Quash Search Warrant 146

Motion

3. to

Suppress Evidence

147

4. for Bail

Motion

148

D. Application for Bail

149

Warrant 146 Motion 3. to Suppress Evidence 147 4. for Bail Motion 148 D. Application for

LEGAL ETHICS AND FORMS REVIEWER

Table of Contents

LEGAL ETHICS AND FORMS REVIEWER Table of Contents LEGAL ETHICS Table of Contents Chapter I. Legal
LEGAL ETHICS AND FORMS REVIEWER Table of Contents LEGAL ETHICS Table of Contents Chapter I. Legal

LEGAL ETHICS

Table of Contents

Chapter I. Legal Profession

3

C.

Procedure for Suspension or

I. Supervision and Control

3

Disbarment of Attorneys by the IBP

52

II. Practice of Law

3

D.

Procedure for Suspension or

III. Admission to Practice

4

Disbarment of Attorneys (Rule 139-B) by

1. Citizenship

5

the Supreme Court Motu Propio

52

2. Residence

5

E.

Imposition of Penalties in the

3. Age

5

Supreme Court

52

4. Good

Moral Character

5

III. Modifying Circumstances

53

5. Legal

Education

5

A. Mitigating Circumstances

53

6. Bar Examinations

6

B. Aggravating Circumstances

53

7. Lawyer’s Oath

7

C. Effect of Executive Pardon

53

Qualifications

IV. for Practice

7

IV. Reinstatement

53

1. Law Students

7

2. Agent

8

Chapter IV. Code of Judicial Conduct

55

3. Self-representation

8

I. Independence

55

V. Prohibition from Practice

8

II. Integrity

 

57

VI. Notarial Practice

9

III. Impartiality

57

IV. Propriety

 

59

Chapter

II.

Code

of Professional

V. Equality

61

Responsibility

11

VI. Competence and Diligence

61

I. Legal Ethics

11

II. Lawyer’s Duties to Society

12

Chapter V. Discipline of Judges

63

Canon

1

12

I. Liabilities of Judges

63

Canon

2

13

II. Discipline of Members of the Bench

63

Canon

3

16

Canon

4

19

Annexes

65

Canon

5

19

Indigent Clients

 

65

Canon

6

20

A. A.M. No. 04-2-04-SC

65

III. Lawyer’s Duties to the Legal Profession

B. RA 6033

65

22

C. RA 6034

66

Canon

7

22

D. RA 6035

66

Canon

8

23

E. PD 543

 

67

Canon

9

25

F. A.M. No. 08-11-7-SC (IRR)

68

IV. Lawyer’s Duties to the Courts

27

27

28

29

32

Special Law on Retired Justices and Judges

Canon 10

73

Canon 11

Law on Obstruction of Justice

75

Canon 12

2004 Rules on Notarial Practice

76

Canon 13

BAR MATTER

NO. 850

85

V. Lawyer’s Duties to the Client

33

[October 02, 2001]

85

Canon

14

33

BM No. 2012

91

Canon

15

34

Rule on Mandatory Legal Aid Service

91

Canon

16

36

B.M. No. 1153

94

Canon

17

38

Republic

Act

No.

9999

95

Canon

18

39

Republic

Act

No.

6713

97

Canon

19

40

Republic

Act

No.

3019

97

Canon

20

41

A.M. No. 02-9-02-SC

99

Canon

21

43

A. M. No. 00-8-10-SC

99

Canon

22

48

B.M. No. 2012

100

Rule 138-A

104

Chapter III. Discipline of Lawyers

50

Presidential Decree No. 1829

104

I. Liabilities of Lawyers

50

II. Power to Discipline Errant Lawyers

50

A. Forms of Disciplinary Measures

50

B. Suspension and Disbarment

51

2

Power to Discipline Errant Lawyers 50 A. Forms of Disciplinary Measures 50 B. Suspension and Disbarment

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION LEGAL ETHICS TEAM Prof. Concepcion Jardeleza Faculty
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION LEGAL ETHICS TEAM Prof. Concepcion Jardeleza Faculty

LEGAL ETHICS TEAM

Prof. Concepcion Jardeleza

Faculty Editor

Giselle Mauhay

Lead Writer

Aggie Dorotan Raish Rojas Althea Ojaminal Kriska Chen Alex Dela Cruz Jian Boller Ivan Palpagan Gianna De Jesus Gene Lopez

Dino Regalario

Ray Velasco

Macri Reyes

Jopet Go

Cuayo Juico

Sam Sy

Ranx Roxas

Annie Almojuela

Diana Dy

Venus Ambrona

Dimitri Roleda

Charles Icasiano

Rai Aliman

Mae Acha

Sharey Lucman

Writers

LEGAL ETHICS and FORMS

Francesse Joy Cordon

Subject Editor

ACADEMICS COMMITTEE

Kristine Bongcaron

Michelle Dy

Patrich Leccio

Editors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat Hernandez Viktor Fontanilla Romualdo Menzon Jr. Rania Joya

LECTURES COMMITTEE

Michelle Arias

Camille Maranan

Angela Sandalo

Heads

Katz Manzano

Mary Rose Beley

Sam Nuñez

Krizel Malabanan

Arianne Cerezo

Marcrese Banaag

Volunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill Hernandez

Head

Loraine Mendoza

Faye Celso

Mary Mendoza

Joie Bajo

Members

Chapter I. Legal Profession

LEGAL PROFESSION

Definition: A group of learned men and women pursuing a learned art as a common calling in the spirit of public service. Organization Learned art Public service

I. Supervision and Control

Regulated by the Supreme Court (SC), not by the Professional Regulatory Commission unlike all other professions.

Statutory Basis 1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5. The SC has the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law.

SC has the inherent power to integrate the bar in the exercise of the power to promulgate rules of the judiciary, including admission to the practice of law, and to the Integrated Bar. (In the matter of the Integration of the Integrated Bar of the Philippines, January 9, 1973)

BAR

Refers

to

the

whole

body

of

attorneys

and

counselors,

collectively,

the

members

of

the

legal profession

BENCH Denotes the whole body of judge

II. Practice of Law

Definition: any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, GR. 100113, September 3, 1991)

Activity in or out of court Application of legal knowledge or skill

Padilla (dissent in Cayetano v. Monsod): There are four factors which determine the practice of law. (HACA)

1.

Habituality

holding one’s self out to the public lawyer

customarily

or

frequently

a

as

3

of law. ( HACA ) 1. H abituality holding one’s self out to the public lawyer

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION 2. A pplication of law, legal principles,
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION 2. A pplication of law, legal principles,

2. Application of law, legal principles, practice, or procedure – calls for legal knowledge, training and experience

3. Compensation – his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services

4. Attorney-client relationship – hence for Padilla, teaching law or writing law books are not considered as “practice of law”.

Giving advice for compensation regarding the legal status and rights of another and for one’s conduct with respect thereto constitutes practice of law. (Ulep v. Legal Clinic, Bar Matter No. 553, June 17, 1993)

Persons entitled to practice law are those who are licensed as members of the Bar; or hereafter maybe licensed as such in accordance with the provisions of the Rules of Court and who are in good and regular standing. (Rules of Court, Rule 13, Section 1)

III. Admission to Practice

The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen, 31 SCRA 562, 1970)

The power of the Supreme Court to regulate the practice of law includes:

(1) authority to define the term [“practice”] (2) prescribe the qualifications of a candidate to and the subjects of the bar examinations (3) decide who will be admitted to practice (4) discipline, suspend or disbar any unfit and unworthy member of the bar (5) reinstate any disbarred or indefinitely suspended attorney (6) ordain the integration of the Philippine Bar (7) punish for contempt any person for unauthorized practice of law and (8) in general, exercise overall supervision of the legal profession

Congress has no power to regulate the bar (admission to practice). However, in the exercise of police power it may enact laws regulating the practice of law to protect the public. (In re Cunanan)

The Bar Flunkers Act of 1953 (RA 972) was declared partially unconstitutional because encroached upon the powers granted by the Constitution to the SC in determining the

admission of bar examinees to the bar by usurping such power through a legislative act.

The [Act] is not

judgment…the law passed by Congress on the matter is of permissive character, merely to fix the minimum conditions for the license. (In re Cunanan, 94 Phil 534 (1954))

a

a

legislation;

it

is

Shari’a lawyers are not considered “attorneys”.

4

The SC has declared that persons who pass the Shari’a Bar are not full-fledged members of the Philippines Bar hence may practice only before Shari’a courts. While one who has been admitted to the Shari’a Bar, and one who has been admitted to the Philippine Bar, may both be considered as “counselors”, in the sense that they give counsel or advice in a professional capacity, only the latter is an “attorney”. (Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997)

ATTORNEY 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. (Cui v. Cui, 120 Phil. 729)

BARRISTER

In

England, a person entitled to practice law as

an

advocate or counsel in superior court.

SOLICITOR

In England, a person prosecuting or defending

suits in Courts of Chancery. In the Philippines, a government lawyer attached with the Office of the Solicitor General.

NOTARY PUBLIC

A public officer authorized by law to certify

documents, take affidavits, and administer oaths. Under the 2004 Rules on Notarial Practice, all notaries must be lawyers.

REQUIREMENTS

FOR

ADMISSION

TO

PRACTICE (CRAGEBO)

Citizenship Residence Age (above 21 yrs) Good Moral Character and no charges involving moral turputide Legal Education (pre-law, law proper) Bar Examinations Lawyer’s Oath

and no charges involving moral turputide Legal E ducation (pre-law, law proper) B ar Examinations Lawyer’s

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION 1. Statutory Basis 1987 Constitution, Art. XII,
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION 1. Statutory Basis 1987 Constitution, Art. XII,

1.

Statutory Basis 1987 Constitution, Art. XII, Sec. 14. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be a citizen of the Philippines…

Rationale Citizenship ensures allegiance to the republic and its laws.

A Filipino citizen admitted to the Philippine Bar must maintain such citizenship to remain qualified for the practice of law in this country. (In Re Arthur Castillo Reyes (1993))

Citizenship

2. Residence

Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be …be a resident of the Philippines…

Rationale Because his/her duties to his client and to the court will require that he be readily accessible and available

3. Age

Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be … at least twenty-one years of age…

Rationale Because maturity and discretion are required in the practice of law

4. Good Moral Character

Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be … of good moral character… and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag v. Narag, 291 SCRA 451, June 29, 1998)

Definitions:

Absence of a proven conduct or act which has

been historically and traditionally considered as

a manifestation of moral turpitude. The act or

conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity. (Agpalo)

Qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and the strictest observance of fiduciary responsibility. (Frankfurter)

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 v. Deciembre, 457 SCRA 341)

Question of moral turpitude is for SC to decide, which is why applicants are required to disclose any crime which they have been charged. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. (Agpalo)

SC may deny lawyer’s oath-taking based on a

conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications “he may now be regarded as complying with the requirements

of good moral character…he is not inherently of

bad moral fiber.” (In Re: Argosino, A.M. No. 712

July 13, 1995; B.M. No. 712 March 19, 1997)

5. Legal Education

Pre-Law

5

Statutory Basis Rules of Court, Rule 138, Sec. 6. A bachelor’s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, History and Economics.

A college degree must first be obtained before

studying law. Otherwise, one will not be qualified to take the bar examinations. (In re Telesforo Diao, 1963)

Law Proper

Statutory Basis Rules of Court, Rule 138, Sec. 5 and 6. All applicants for admission…shall, before being admitted to the examination, satisfactorily show

138, Sec. 5 and 6. All applicants for admission…shall, before being admitted to the examination, satisfactorily

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION that they have regularly studied law for
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION that they have regularly studied law for

that they have regularly studied law for four years, and successfully complete all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of Education.

Must have completed courses in:

Civil Law Commercial Law Remedial Law Public International Law Private International Law Political Law Labor and Social Legislation Medical Jurisprudence Taxation Legal Ethics

Graduates of foreign law schools beginning 1994 shall not be allowed to take the bar examinations since they cannot present the certifications required under sections 5 and 6 of Rule 138. (Re: Application of Adriano M. Hernandez, 1993)

1st day

Political (Constitutional Law, Public Corporations and Public Officers) and International Law(Private and Public) (morning)

Labor

and

Social

Legislation

(afternoon)

2nd day

Civil Law (morning)

 

Taxation (afternoon)

 

3rd day

Mercantile Law (morning)

 

Criminal Law (afternoon)

 

4th day

Remedial Law (morning) * consists of Civil Procedure, Criminal Procedure and Evidence

Legal

Ethics

and

Practical

Exercises

(in

Pleading

and

Conveyancing) (afternoon)

A general

average of 75 % in all subjects, without falling below 50 % in any subject.

Relative weights:

Passing averagE (Sec. 14) –

Civil Law

15

%

Labor and Social Legislation

10

%

Mercantile Law

15

%

Criminal Law

10

%

Political and International Law

15

%

Taxation

10

%

Remedial Law

20

%

Legal Ethics and Practical Exercises

5 %

6

6. Bar Examinations

Statutory Basis: Rules of Court, Rule 138.

a. WHEN TO FILE FOR PERMIT (Sec. 7) – At least 15 days before the beginning of the examination. Applicants must submit affidavits of age, residence, citizenship, legal education.

Notice (Sec. 8) – Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Filipino, English and Spanish, for at least 10 days before the beginning of the examination.

b. CONDUCT OF EXAM (Sec. 10) – Questions will be in English or Spanish, to be answered in writing by examines. No oral examinations. If penmanship is poor, SC may allow upon verified application the use of a noiseless typewriter.

Committee will take all precautions to prevent the substitution of papers or commission of other frauds. No papers, books or notes allowed into the examination rooms. Examinees shall not place their names on the examination papers.

c. WHEN AND WHERE TO TAKE EXAM (Sec. 11) – In four days designated by bar examiner, annually (in September) and in the city of Manila.

d. SUBJECTS (Sec. 9 & 11)

e. WHO MAKES THE EXAM (Sec. 12): One member of the Supreme Court acts as Chairman, plus eight members of the bar who act as examiners who hold office for one year. Beginning in 2009, there will be two examiners per subject.

The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court.

this

committee shall be published in each volume of the official reports.

f. RESULTS (Sec. 15) – Committee must file its report on the results not later than February 15th after the examination, or as soon thereafter as may be practicable.

g. FLUNKERS (Sec. 16) – Retakers must apply again. Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination

The

names

of

the

members

of

the bar examinations for three times shall be disqualified from taking another examination The names of

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION unless they show proof of reenrollment and
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION unless they show proof of reenrollment and

unless they show proof of reenrollment and successful completion of regular fourth year review classes as well as attended a pre-bar review course in a recognized law school.

The professors of the individual review subjects under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject.

h.

DISCIPLINE (Sec. 13)

 

No candidate shall endeavor to influence any member of the committee. During examination the candidates shall not communicate with each other and shall not give or receive any assistance.

Violators

will

be

punished by

disqualification, counted as a failure. Further disciplinary action, including permanent disqualification, may be taken in the discretion of the court.

i.

BAR

EXAM

AS

CIVIL

SERVICE

ELIGIBILITY – The law makes passing the bar examination equivalent to a first grade civil service eligibility for ay position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification.

First grade civil service eligibility for any position Second grade civil service eligibility for position which does not prescribe proficiency in law

7. Lawyer’s Oath

Statutory Basis Rules of Court, Sec. 17. An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court an oath of office. Form 28 of the Judicial Standard Forms prescribes the following oath to be taken by the applicant:

, do solemnly swear that I will

I,

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 the doing of any in court;

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 delay no man for money or malice, and

will conduct myself as a lawyer according to the best of my knowledge and discretion with

all good fidelity as well to the court as to my

clients; and

I impose upon myself this 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 1997)

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. (Olbes v. Deciembre, A.C. No. 5365 (April 2005)

IV. Qualifications for Practice

Statutory Basis Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.

General Rule: Members of the Bar

Exceptions:

(1) Law students (2) By an agent/friend (3) By person

1. Law Students

Statutory Basis Rules of Court, Rule 138-A or the Law Student Practice Rule

Qualifications of Students who may Appear in Court:

Third year standing Enrolled in a recognized law school’s legal

7

Qualifications of Students who may Appear in Court: Third year standing Enrolled in a recognized law

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION education program approved by the Supreme Court,
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION education program approved by the Supreme Court,

education program approved by the Supreme Court, without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school Under direct supervision and control of a member of the IBP duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers must be signed by the supervising attorney for and in behalf of the legal clinic.

Rule 138, Sec. 34. A law student may appear in his personal capacity without the supervision of a lawyer in inferior courts.

Direct Supervision and Control Requires no less than the physical presence of the supervising lawyer during the hearing.

In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial

(1997)

A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer.

2. Agent

Statutory Basis Rules of Court, Rule 138, Sec. 34. In such cases, no attorney-client relationship exists; not habitual. An agent is usually appointed or a friend chosen in a locality where a licensed member of the bar is not available.

Civil – a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical person. Allowed in MTC, RTC, appellate court.

Criminal – in a locality where a lawyer is unavailable, a judge may appoint a non-lawyer who is a resident of the province, and of good repute for probity and ability to defend the accused. Allowed up to MTC-level only.

Administrative tribunals – only if they represent their organization or members. NLRC, cadastral courts, etc.

Limitations:

non-adversarial contentions

not habitually rendered

not charge for payment

For the government – any person appointed to appear for the government of the Philippines in accordance with law

3. Self-representation

Statutory Basis Rules of Court, Rule 138, Sec. 34. A person may represent himself before any court. 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.

Rule 115, Sec 1 (c) provides that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel, the Court should advise him to secure a counsel de parte or appoint a counsel de officio

to represent him.

Counsel de officio

A counsel, appointed or assigned by the court,

from among members of the Bar in good standing who, by reason of their experience and

ability, may adequately defend the accused.

Counsel de parte

A counsel employed or retained by the party, or

the accused

RIGHT TO COUNSEL: Absolute and immutable. However, his option to secure the services of counsel de parte is not absolute. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid reason, in which case the trial court can appoint his counsel de oficio to represent him.

In a democratic and civilized country where the

rights of a person are determined in accordance with established rules, the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. (Agpalo)

V. Prohibition from Practice

RELATIVE PROHIBITION

1. Senators and members of the House of Representatives (prohibition to appear) (Art VI, Sec. 14, 1987 Constitution)

2. Members of the Sanggunian (RA No. 7160, Sec. 91)

ABSOLUTE PROHIBITION

1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC)

2. Officials and employees of the OSG

3. Government prosecutors (People v.

8

the Superior Court (Rule 148, Sec. 35, RRC) 2. Officials and employees of the OSG 3.

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION Villanueva, 14 SCRA 109 ) 4. President,
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION Villanueva, 14 SCRA 109 ) 4. President,

Villanueva, 14 SCRA 109)

4.

President, Vice-President, members of the

cabinet, their deputies and assistants, (Art.

VIII

Sec. 15, 1987 Constitution)

5.

Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec.

2,

1987 Constitution)

6.

Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution)

7.

Solicitor general and assistant solicitor generals

8.

All

governors, city and municipal mayors

(R.A. No. 7160, Sec. 90)

9.

Those who, by special law, are prohibited from engaging in the practice of their legal profession

SPECIAL RESTRICTIONS

1. Retired

as

amended)

A retired justice or judge receiving a pension

from the government, cannot act as counsel

in any civil case in which the Government, or

any of its subdivision or agencies is the adverse party or in a criminal case wherein

an officer or employee of the Government is accused of an offense in relation to his office.

judges

(RA

910,

Sec.

1,

Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public…A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgement executed by a notary public. (Baylon v. Almo, A.C. No. 6962, June 25, 2008)

Qualifications of a Notary Public

citizen of the Philippines

over 21 years of age

resident of the Philippines for at least one year and maintains a regular place of work or business

member of the Philippine Bar in good standing, with clearances from the Bar Confidant of the SC and the IBP

no conviction for any crime involving moral turpitude

(Hence all notaries are lawyers but not all lawyers are notaries.)

COMMISSION

A notarial commission is granted by an

executive judge after petition of the lawyer, and

9

REMEDIES

AGAINST

UNAUTHORIZED

is

good for two years. Every petition undergoes

PRACTICE

a hearing and approved after

petition

is

proven

sufficient

in

form

and

Petition for Injunction Declaratory Relief Contempt of Court Disqualification and complaints for disbarment Criminal complaint for estafa who falsely represented to be an attorney to the damage party

VI. Notarial Practice

NOTARY PUBLIC or a notary is any person commissioned to perform official acts

acknowledgements;

oaths and affirmations;

jurats;

signature witnessing;

copy certifications; and

any other act authorizes in the rules

Purpose To verify the personal appearance of affiant and the genuineness of signature

To authenticate document and verify due execution, making document admissible in evidence without proof of authenticity.

substance

petitioner proves allegations in petition

petitioner establishes to the satisfaction of the court that he has read and understood the Rules on Notarial Practice

AUTHORITY OF THE NOTARY

To certify signature and to sign in behalf of an

affiant.

A notary is authorized to certify the affixing of

a signature by thumb or other mark on an

instrument or document presented if:

in

presence of notary and two disinterested witnesses

both witnesses affix their own mark

the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known

the notary writes: “Thumb or other mark

and

the thumb or other mark

is

affixed

affixed by

undersigned notary public.”

in the presence of

notary public notarizes the signatures or marks through an acknowledgment, jurat or signature witnessing

presence of  notary public notarizes the signatures or marks through an acknowledgment, jurat or signature

LEGAL ETHICS AND FORMS REVIEWER

Chapter I. LEGAL PROFESSION

LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION A notary public authorized to sign on
LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION A notary public authorized to sign on

A notary public authorized to sign on behalf of a person unable to sign if:

he is directed by the person unable to sign or make a mark

the signature of the notary is affixed in the presence of two disinterested witnesses

both witnesses sign their own names

the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known

the notary writes: “Signature affixed by ”

notary public notarizes the signatures or marks through an acknowledgment or jurat

What can be notarized

GENERAL RULE: A notary can notarize any document, upon request of affiant. Notarization of document must be at the notary public’s regular place of work.

Exception:

is outside of his

1. Irregularity in place - if territorial jurisdiction

notary in the presence of

it

Exceptions:

(1) in public offices, convention halls and other places where oaths of office are administered

(2) public

and

similar areas used for the signing of

requiring

function

areas

in

hotels

instruments

or

documents

notarization

(3) hospitals and other medical institutions

where a

part

to

an

instrument

is

confined for treatment

 

(4) any

place

where

a

party

to

the

instrument

requiring

notarization

is

under detention

2. Irregularity in person

Disqualifications:

(1)

instrument (2) if he will receive as an indirect and direct result any commission, fee, advantage, right, title, interest, cash, property, or other consideration in excess of what is provided in these rules

common-law

(3)

or

if

notary is personally a party to the

if

notary

is

a

spouse,

partner,

relative by affinity or consanguinity of the principal up to the fourth degree

ancestor,

descendant,

Mandatory refusal to notarize

If the transaction is unlawful or immoral

If the signatory shows signs that he does not understand consequences of the act, per the notary’s judgment If the signatory appears not to act of his own free will, per the notary’s judgment

NOTARIAL REGISTER

A chronological official notarial register of

notarial acts consisting of a permanently bound book with numbered pages. There must only be one active register ay any given time.

Required entries:

entry number and page number

date and time of day

type of notarial act

title or description of document

name and address of each principal

competent evidence of identity

name and address of each credible witness

fee charged

address where the notarization was performed, if not the notary’s regular place of business

any other circumstance of significance

Official signature – signed by hand, not by facsimile stamp or printing device, and at the time of the notarization

Official seal – two-inch diameter seal with the words “Philippines”, attorney’s name at the margin and the roll of attorney’s number.

For vendors, the sale of the seal may only be upon judicial authority, for a period of 4 years.

For buyers, a certified copy of the commission is necessary for purchase. One seal per certificate.

The act of a lawyer notarizing a Special Power

of Attorney knowing that the person who

allegedly executed it is dead is a serious breach of the sacred obligation imposed upon him by the Code of Professional Responsibility, specifically Rule 1.01 of Canon 1. (Sicat v. Arriola, 456 SCRA 93 (2005))

A lawyer is guilty of misconduct in the

performance of his duties if he fails to register in his notarial register the affidavits-complaints

which were filed in an administrative case before the Civil Service Commission. (Aquino v. Pascua, 539 SCRA 1 (2007))

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which were filed in an administrative case before the Civil Service Commission. ( Aquino v. Pascua,

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY Chapter Responsibility II. Code of Professional I. LEGAL
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY Chapter Responsibility II. Code of Professional I. LEGAL

Chapter

Responsibility

II.

Code

of

Professional

I. LEGAL ETHICS

DUTIES OF A LAWYER

II. LAWYER’S DUTIES TO SOCIETY

A. CANON 1: Promote And Respect The Law

And Legal Process

B. CANON 2: Provide Efficient And Convenient Legal Services

C. CANNON 3: Information On Legal Services That Is True, Honest, Fair And Dignified

D. CANON 4: Support For Legal Reforms And Administration Of Justice

E. CANON 5: Participate In Legal Education

F. CANON 6: Government Lawyers

III. DUTIES

LAWYER’S

TO

THE

LEGAL

PROFESSION

A. CANON 7: Uphold Dignity And Integrity In

The Profession

B. CANON 8: Courtesy, Fairness, Candor

Towards Professional Colleagues

C. CANON 9: Unauthorized Practice Of Law

IV. LAWYER’S DUTIES TO THE COURTS

A. CANON 10: Observe Candor, Fairness And

Good Faith

B. CANON 11: Respect Courts And Judicial

Officers

C. CANON 12: Assist In Speedy And Efficient Administration Of Justice

D. CANON 13: Refrain From Act Giving Appearance Of Influence

V. LAWYER’S DUTIES TO THE CLIENT

A. CANON 14: Service To The Needy

B. CANON 15: Observe Candor, Fairness, Loyalty

C. CANON 16: Hold In Trust Client’s Moneys And Properties

D. CANON 17: Trust And Confidence

E. CANON 18: Competence And Diligence

F. CANON 19: Representation With Zeal

G. CANON 20: Attorney’s Fees

H. CANON 21: Preserve Client’s Confidence

I. CANON 22: Withdrawal Of Services For Good Cause Valid Ground For Refusal

I. Legal Ethics

Definition: Body of principles by which the conduct of members of the legal profession is controlled.

It is that branch of moral science which treats of the duties which an attorney at law owes to his clients, to the courts, to the bar and to the public. (G.A. Malcolm, Legal and Judicial Ethics 8,

1949)

Duties of a Lawyer

Statutory basis: Rule 138, Sec. 20

1)

To maintain allegiance to the Republic of the

2)

Philippines and to support the Constitution and obey the laws of the Philippines; To observe and maintain the respect due to

3)

the courts of justice and judicial officers; 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

5)

the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 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

6)

business except from him or with his knowledge and approval; To abstain from all offensive personality and

7)

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; 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;

11

8) Never to reject, for any consideration

personal to himself, the cause of the defenseless or oppressed; 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.

9)

PUBLIC DUTY – as attorneys are faithful assistants of the court in search of a just solution to disputes

A counsel de officio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self interest. (Agpalo)

PRIVATE DUTY – as attorneys operate as a trusted agent of his client

A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages.

offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY In case of heavy work schedule of the public
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY In case of heavy work schedule of the public

In case of heavy work schedule of the public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court.

Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (Rule 110, Sec. 5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002)

FOUR-FOLD DUTIES OF A LAWYER (Per the Code of Professional Responsibility)

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

Duties to the Legal Profession

candor

fairness

courtesy and truthfulness

avoid encroachment in the business of other lawyers

uphold the honor of the profession

Duties to the Court

respect or defend against criticisms

uphold authority and dignity

obey order and processes

assist in the administration of justice

Duties to the Client

entire devotion to client’s interest

2)

3)

4)

II. Lawyer’s Duties to Society

Canon 1

A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law of and legal processes.

Rule

1.01

-

A

lawyer

shall

not

engage

in

unlawful,

dishonest,

immoral

or

deceitful

conduct.

UNLAWFUL CONDUCT An act or omission which is against the law. Dishonesty involves lying or cheating. (Agpalo)

IMMORAL OR DECEITFUL CONDUCT 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. (Aguirre)

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. (Barrios v. Martinez, 442 SCRA 324 (2004))

E.g. crimes of murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling

12

Immorality connotes conduct that shows indifference to the moral norms of society. For such conduct to warrant disciplinary action, the same must be grossly immoral, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. Respondent's act belies the alleged moral indifference and proves that she has no intention of flaunting the law and the high moral standards of the legal profession. (Ui v. Bonifacio, 333 SCRA 38)

Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried and devoid of deceit on the part of the respondent is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction, even if a child was born out of wedlock of such relationship. It may suggest a doubtful moral character but not grossly immoral. (Figueroa v. Barranco, 276 SCRA 445 (1997))

Reconciliation between Delizo-Cordova and Cordova, assuming the same to be real, does not excuse or wipe away the misconduct and immoral behavior carried out in public. The requirement of good moral character persists as a continuing condition for membership in the Bar in good standing. (Cordova v. Cordova, 179 SCRA 680 (1989))

While sexual relations between two unmarried adults is not sufficient to warrant disbarment, it is not with respect to betrayals to the marital vow. Respondent’s wanton disregard for the sanctity of marriage is shown when he pursued a married woman and thereafter cohabited with her. (Guevarra v. Eala, 529 SCRA 1 (2007))

is shown when he pursued a married woman and thereafter cohabited with her. ( Guevarra v.

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY When lawyers are convicted of frustrated homicide, the
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY When lawyers are convicted of frustrated homicide, the

When lawyers are convicted of frustrated homicide, the attending circumstances, not the mere fact of their conviction would demonstrate their fitness to remain in the legal profession. (Soriano v. Dizon, A.C. No. 6792, January 25, 2006) The record discloses that the Court of First Instance acquitted respondent Suller for failure of the prosecution to prove his guilt beyond reasonable doubt. Such acquittal, however, is not determinative of this administrative case The rape of his neighbor's wife constituted serious moral depravity even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape. He is not worthy to remain a member of the bar. The privilege to practice law is bestowed upon individuals who are competent intellectually, academically and, equally important, morally. “Good moral character is not only a condition precedent to admission to the legal profession, but it must also be possessed at all times in order to maintain one's good standing in that exclusive and honored fraternity.” (Calub v. Suller, A.C. No. 1474, January 28, 2000 and quoting Docena vs. Limon, 295 SCRA 262)

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

The SC does not claim infallibility, it will not denounce criticism made by anyone against the Court for, if well founded can truly have constructive effects in the task of the Court, but will not countenance any wrong doing nor allow erosion of the people's faith in the judicial system. (Estrada v. Sandiganbayan, 416 SCRA

465)

The promotion of organizations, with knowledge of their objectives, for the purpose of violating or evading the laws constitutes such misconduct in his office. (In re Terrell, 2 Phil 266 (1903))

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.

A lawyer may be disciplined in his professional

and private capacity. The filing of multiple complaints reflects on his fitness to be a member of the legal profession. His conduct of vindictiveness a decidedly undesirable trait especially when one resorts to using the court not to secure justice but merely to exact revenge warrants his dismissal from the judiciary. (Saburnido v. Madrono, 366 SCRA 1 (2001))

13

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 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 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. (Agpalo)

A lawyer should be sanctioned for the misuse of

legal remedies and prostituting the judicial

process to thwart the satisfaction of a judgment

to the prejudice of others. The lawyer abetted his

client in using the courts to subvert the very ends of justice by instigating controversy and conflict although the client's cause is without merit. It is every duty of a counsel to advise his client on the merit of his case. A lawyer must resist the whims and caprices of his clients, and temper his client’s propensity to litigate. (Castaneda v. Ago, 65 SCRA 505 (1975))

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.

BARRATRY OR “MAINTENANCE” Inciting or stirring up quarrels or groundless lawsuits

AMBULANCE CHASING Accident-site solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself.

Supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

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, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be administered to

Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY indigent and deserving members of the community on all
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY indigent and deserving members of the community on all

indigent and deserving members of the community on all cases, matters and situations in which legal aid may be necessary to forestall an injustice. (IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)

Valid grounds for refusal (Rule 14.03):

1)

He is in no position to carry out the work

2)

effectively or competently He labours under a conflict of interest between him and the prospective client or between a present client and the prospective client

RULES OF COURT, RULE 138, SEC. 31:

Attorneys 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. The legal profession is a burdened privilege not many are qualified to undertake. Ledesma owes fidelity to the duty required of the legal profession. Because there is no incompatibility between the defense of his client and him being an election registrar, he should not decline his appointment as counsel de oficio. The ends of justice will be well served by requiring counsel to continue as counsel de oficio. (Ledesma v. Climaco, 57 SCRA 473

(1974))

BAR MATTER NO. 2012 (2009) Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers

Purpose. - to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them; To aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

Scope. - This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the

legal aid program of the Integrated Bar of the Philippines.

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term "practicing lawyers" shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

14

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No.150135, 30 October 2006, 506 SCRA

81);

Sec. 19. Indigent litigants exempt from payment of legal fees.– INDIGENT LITIGANTS

“(A) WHOSE GROSS INCOME AND THAT OF THEIR IMMEDIATE FAMILY DO NOT EXCEED AN AMOUNT DOUBLE THE MONTHLY MINIMUM WAGE OF AN EMPLOYEE AND

(B) WHO DO NOT OWN REAL PROPERTY WITH A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION OF MORE THAN THREE HUNDRED THOUSAND (P300,000.00) PESOS SHALL BE EXEMPT FROM PAYMENT OF LEGAL FEES.

The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.

be a lien on any judgment rendered in the case favorable to the indigent litigant unless

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY To be entitled to the exemption herein provided, the
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY To be entitled to the exemption herein provided, the

To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, and they do not own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit. The current tax declaration, if any, shall be attached to the litigant's affidavit.

Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.”

ALGURA V. THE LOCAL GOVERNMENT UNIT OF THE CITY OF NAGA G.R. NO. 150135

(2006)

“…the two (2) rules can stand together and are compatible with each other. When an application to litigate as an indigent litigant is filed, the court shall scrutinize the affidavits and supporting documents submitted by the applicant to determine if the applicant complies with the income and property standards prescribed in the present Section 19 of Rule 141…If the trial court finds that the applicant meets the income and property requirements, the authority to litigate as indigent litigant is automatically granted and the grant is a matter of right.

However, if the trial court finds that one or both requirements have not been met, then it would set a hearing to enable the applicant to prove that the applicant has "no money or property sufficient and available for food, shelter and basic necessities for himself and his family." In that hearing, the adverse party may adduce countervailing evidence to disprove the evidence presented by the applicant; after which the trial court will rule on the application depending on the evidence adduced. In addition, Section 21 of Rule 3 also provides that the adverse party may later still contest the grant of such authority at any time before judgment is rendered by the trial court, possibly based on newly discovered evidence not obtained at the time the application was heard. If the court determines after hearing, that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue or the payment of prescribed fees shall be made, without prejudice

to

impose.”

such

other

sanctions

as

the

court

may

RULE 3 SEC. 21. Indigent party.—A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.

Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If the payment is not made within the time fixed by the court, execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose. (22a).

Requirements. - Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. He shall coordinate with the Clerk of Court for cases where he may render free legal aid service and shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case.

National Committee on Legal Aid (NCLA) - (a) coordinates with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent. (b) monitors the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers. (c) acts as the national repository of records in compliance with this Rule.

15

submitted by practicing lawyers. (c) acts as the national repository of records in compliance with this

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY (d) Prepares the following forms: certificate to be issued
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY (d) Prepares the following forms: certificate to be issued

(d) Prepares the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g). (e) holds in trust, manages and utilizes the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors.

Penalties. – A practicing lawyer shall be required to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD.

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.

Advice may be on what preliminary steps to take until the client has secured the services of counsel.

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. (Agpalo)

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

The legal practice is not a business. Unlike a businessman, the lawyer has:

1) Relation to the administration of justice

2)

involving sincerity, integrity and reliability as an “officer of the court”; duty of public service;

3)

relation to clients with the highest degree of

fiduciary; 4) relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo)

In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed.

16

MALPRACTICE The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. A member of the bar may be disbarred or suspended from his office as attorney by the SC for any… malpractice…. (Rule 138, Sec. 27)

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

This prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services. (Agpalo)

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.

Summary:

A

lawyer

shall

not

use

false

statement

regarding

his

qualification

or

service

THE

MOST

WORTHY

AND

EFFECTIVE

ADVERTISEMENT possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be

possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY forced, but must be the outcome of character and
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY forced, but must be the outcome of character and

forced, but must be the outcome of character and conduct.

Allowable advertisement (The Exceptions to Rule 3.01):

o

an ordinary professional card

 

o

publication in reputable law list with brief

biographical

and

other

informative data

which may include:

 

1.

name

2. associates

 

3. address

4. phone numbers

5. branches of law practiced

6. birthday

 

7. day admitted to the bar

 

8. schools and dates attended

9. degrees and distinctions

 

10. public or quasi-public offices

11. posts of honor

 

12. legal authorships

 

13. teaching positions

14. associations

 

15. legal fraternities and societies

16. references and regularly represented clients must be published for that purpose

o

publication

of

simple announcement of

opening of law firm, change of firm

o

listing in telephone directory but not under designation of special branch of law

o

if acting as an associate (specialising in a

branch of

law), may publish a brief and

dignified announcement to lawyers (law list, law journal)

o

if

in media,

those acts

incidental to his

practice and not of his own initiative

o

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)

o

activity of an association for the purpose of

legal representation

If entering into other businesses which are not inconsistent with lawyer’s duties – it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions.

Prohibited advertisement (Sec. 27, Canon of Professional Ethics):

o

Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills

o

Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer

o Furnishing

inspiring newspaper

comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyer’s position, and all other like self-laudation

or

A lawyer may not properly publish his brief

biographical and informative data in a daily paper, magazine, trade journal or society program in order to solicit legal business. Likewise, it is improper to advertise himself a specialist for marriage annulments as it goes against the Constitution’s mandate, to value the sanctity of marriage. (Khan v. Simbillo, 409 SCRA 299 (2003))

It is highly unethical for an attorney to advertise

his talents or skill as a merchant advertises his

wares. The law is a profession not a business.

Solicitation of cases by himself or through others

is unprofessional and lowers the standards of

the legal profession. (In re Tagorda, 53 Phil 37

(1929))

The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Not all types of advertising are prohibited, a lawyer may advertise in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons. Likewise in the use of a name, false and misleading names are prohibited. (Ulep v. Legal Clinic, 223 SCRA 378

(1993))

17

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.

Summary: A lawyer shall not use false or misleading firm name.

GENERAL RULE 1: All partners in firm name must be alive.

EXCEPTION: When removal of the deceased partner’s name disturbs the client goodwill built through the years.

a

deceased partner is permissible provided

The

continued

use

of

the

name

of

that

the

firm

indicates

in

all

its

communications

that

said

partner

is

deceased. (Agpalo)

Death of a partner does not extinguish the client-lawyer relationship with the law firm.

partner is deceased. (Agpalo) Death of a partner does not extinguish the client-lawyer relationship with the

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY ( B.R. Sebastian Enterprises Inc. vs. Court of Appeals,
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY ( B.R. Sebastian Enterprises Inc. vs. Court of Appeals,

(B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28)

GENERAL RULE 2: Filipino lawyers cannot practice law under the name of a foreign law firm.

Firms may not use misleading names showing association with other firms to purport legal services of highest quality and ties with multinational business enterprise especially when such firm attached as an associate cannot legally practice law in the Philippines. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))

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 currently.

Summary: A law partner who accepts a public office should withdraw from the firm

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.

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. (Agpalo)

A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the Government may not engage in the private practice of law without the written permit from the head of the department concerned. (Agpalo)

Related statutory basis: RA 7160 or the Local Government Code, Section 90. Governors, city and municipal mayors are prohibited from practice of profession.

EXCEPTION: Sanggunian members are allowed to practice concurrently subject to certain restrictions.

1987 Constitution

Art. VI, Sec. 14. No Senator or member of the House of Representative may personally appear before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies.

Art. VII, Sec. 13. The President, Vice-President, the members of the cabinet and assistants shall not, unless otherwise provided in this

Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any profession.

Art. IX, Sec. 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession.

A lawyer member of the Legislature is not absolutely prohibited from engaging in the practice of his profession. He is only prohibited from appearing as counsel before any court of justice.

What is prohibited is the appearance which includes: arguing a case before any such body and filing a pleading on behalf of a client.

Neither can his name be allowed to appear in such pleadings by itself or as part of a firm name under the signature of another qualified lawyer because the signature of an agent amounts to a signing by non-qualified Senator or Congressman.

His name should be dropped from the firm name, of which he is a name partner, whenever the firm files a pleading on behalf of a client.

It is unlawful for a public official or employee to, among others: "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 official functions." (Samonte v. Gatdula, 303 SCRA 756 (1999))

If the unauthorized practice on the part of a person who assumes to be an attorney causes damage to a party, the former may be held liable for estafa.

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.

Summary: A lawyer shall not seek media publicity.

This rule prohibits from making indirectly publicity gimmick, such as furnishing or inspiring newspaper comments, procuring his photograph to be published in connection with cases which he is handling, making a courtroom scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by media people. (Agpalo)

18

to attract the attention of newspapermen, or arranging for the purpose an interview with him by

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY It is bad enough to have such undue publicity
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY It is bad enough to have such undue publicity

It is bad enough to have such undue publicity

when a criminal case is being investigated, but when publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by the SC, it is inexcusable and abhorrent. (Cruz v. Salva, 105 Phil 1151 (1959))

Canon 4

A lawyer shall participate in the development of the Legal System by initiating or supporting efforts in law reform and in the improvement of the administration of justice.

NOT a strict duty, but a duty nevertheless. A lawyer must NOT be confined by technical legal questions but instead grow in knowledge and competence to make the law socially responsive.

A lawyer “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.”

EXAMPLES:

1. Present position papers or resolutions for the introduction of pertinent bills in Congress;

2. Submit petitions to the Supreme Court for the amendment of the Rules of Court.

3. The Misamis Oriental Chapter of the IBP promulgating a resolution wherein it requested the IBP’s National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid offices in the various IBP chapters (Re: Request Of National Committee On Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket And Other Fees, August 28, 2009)

SC Resolution: Commended the MOC

the IBP and GRANTED the

of

exemption

"We laud the Misamis Oriental Chapter of the IBP for its effort to help improve the administration of justice, particularly, the access to justice by the poor. Its Resolution No. 24, series of 2008 in fact echoes one of the noteworthy recommendations during the Forum on Increasing Access to Justice spearheaded by the Court last year. In

promulgating Resolution No. 24, the Misamis Oriental Chapter of the IBP has effectively performed its duty to "participate in the development of the legal system by initiating or supporting efforts in law reform and in the administration of justice."

Canon 5

A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating the law and jurisprudence.

OBLIGATIONS

continued

knowledge 2) To his profession for maintenance of high standards of legal education

3)

BAR MATTER NO. 850 (2000)

Purpose: To ensure that lawyers throughout their career keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law

Requirement: Every three years at least 36 hours of legal education activities.

of

1)

To

self

for

improvement

To the public for social consciousness

19

Legal ethics

6 hrs

Trial and pre-trial skills

4 hrs

Alternative dispute resolution

5 hrs

Updates

on

substantive

procedural

9

hrs

laws and jurisprudence

 

Writing and oral advocacy

 

4 hrs

International

law

and

international

2

hrs

conventions Other subjects as may be prescribed by the Committee on MCLE

6

hrs

Exemptions:

1. President, vice-president, cabinet members

2. Members of Congress

3. Chief Justice and incumbent and retired members of the judiciary

4. Chief state counsel, prosecutor and assistant secretaries of the Department of Justice

5. Solicitor General and assistants

6. Government Corporate Counsel, his deputies and assistants

7. Chairman and members of Constitutional Commissions

6. Government Corporate Counsel, his deputies and assistants 7. Chairman and members of Constitutional Commissions

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY 8. Ombudsman and his deputies 9. Heads of government
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY 8. Ombudsman and his deputies 9. Heads of government

8. Ombudsman and his deputies

9. Heads of government agencies exercising quasi-judicial functions

10. Incumbent deans, bar reviewers and professors of law who have 10 year teaching experience

11. Officers and lecturers of the Philippine Judicial Academy

12. Governors and mayor

13. Those not in law practice (special exemption)

14. Those who have retired from the law practice (special exemption)

Penalty: Listing as a delinquent member of the IBP

Canon 6

These canons shall apply to lawyers in government services in the discharge of their tasks.

A member of the Bar who assumes public office does not shed his professional obligation. The Code was not meant to govern the conduct of private petitioners alone, but of all lawyers including those in government service. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus they have to be more sensitive in the performance of their professional obligations…. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility, perhaps higher than her brethren in private practice. (Vitriolo v. Dasig, 400 SCRA 172 (2003))

Related statutory basis: RA 6713, Sec. 4 (A) or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Every public official and employee shall observe

the following as standards of personal conduct in the discharge and execution of official duties:

1. Commitment to public interest- uphold the public interest over and above personal interest.

2. Professionalism- perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill

3. Justness and sincerity- not discriminate against anyone, especially the poor and the underprivileged

4. Political neutrality- provide service to everyone without unfair discrimination and regardless of party affiliation or preference

5. Responsiveness to the public- extend

prompt, courteous, and adequate service to the public Nationalism and patriotism- be loyal to the

6.

Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. 7. Commitment to democracy- commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. 8. Simple living- lead modest lives appropriate to their positions and income

20

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

It is upon the discretion of the prosecutor to decide what charge to file upon proper appreciation of facts and evidences. Fiscals are not precluded from exercising their sound discretion in investigation. His primary duty is not to convict but to see that justice is served. (People v. Pineda, 20 SCRA 748

(1967))

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.

Just as the Code of Conduct and Ethical Standards for Public Officials requires public officials and employees to process documents and papers expeditiously (Sec. 5, subpars. [c] and [d] and prohibits them from directly or indirectly having a financial or material interest in any transaction requiring the approval of their office, and likewise bars them from soliciting gifts or anything of monetary value in the course of any transaction which may be affected by the functions of their office… (Collantes vs Romeren 200 SCRA 584 (1991))

We begin with the veritable fact that lawyers in government service in the discharge of their official task have more restrictions than lawyers in private practice. Want of moral integrity is to be more severely condemned in a lawyer who holds a responsible public office…

practice. Want of moral integrity is to be more severely condemned in a lawyer who holds

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY It bears stressing also that government lawyers who are
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY It bears stressing also that government lawyers who are

It bears stressing also that government lawyers who are public servants owe fidelity to the public service, a public trust. As such, government lawyers should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. (Huyssen vs Gutierrez 485 SCRA 244 (2006))

Respondent in his future actuations as a member of the bar, should refrain from laying himself open to such doubts and misgivings as to his fitness for the position he occupies but also for membership in the bar. Fitness as to the membership to the legal profession includes keeping his honor unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976))

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.

How a Government Lawyer Leaves Government Service:

retirement

resignation

expiration of the term of office

dismissal

abandonment

GENERAL RULE: Practice of profession allowed immediately after leaving public service

EXCEPTIONS: If lawyer had connection with any matter during his term, subject to

a) One year prohibition if he had not intervened

b) Permanent prohibition if he had intervened

One Year Prohibition

Statutory Basis

RA 3019 or the Anti-Graft and Corrupt Practices Act. Sec. 3(d) - Corrupt practices of any public officer include:

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. Sec. 7(b) - Outside employment and other activities. Public officials and employees during their incumbency shall not:

o Own, control, manage or accept employment as officer employee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated,

supervised or licensed by their office / unless expressly allowed by law;

o

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;

o

Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one year after resignation, retirement or separation from public office, except in case of subparagraph (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply.

Relative Prohibition

On retired judges and justices

Statutory Basis

RA 910 or the special law on retirement of justices and judges, Sec. 1. No retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel in any court in any civil case where

o

the government or any of its subdivisions or instrumentalities is an adverse party

o

in a criminal case, where an officer or employee of the government is accused of an offense related to his official function

o

in any administrative proceeding, cannot collect any fee for his appearance to maintain an interest adverse to the government

Permanent Prohibitions

On any government employee

No government employee, official, or officer may accept engagement or employment in connection with matter he had intervened in. Intervention includes any act of a person which

has

proceedings. (Agpalo)

The “matter” contemplated in this rule are those that are adverse-interest conflicts (substantial relatedness and adversity between the government matter and the new client’ matter in interest) and congruent-interest representation conflicts, while the “intervention” should be significant and substantial which can or have affected the interest of others. (PCGG v. Sandiganbayan, 455 SCRA 526 (2005))

subject

the

power

to

influence

the

21

have affected the interest of others. ( PCGG v. Sandiganbayan, 455 SCRA 526 (2005) ) subject

LEGAL ETHICS AND FORMS REVIEWER

Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY the facts of the case and to aid it
REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY the facts of the case and to aid it

the facts of the case and to aid it in doing justice and arriving at correct conclusion. The courts, on the other hand, are entitled to expect only complete honesty from lawyers appearing and pleading before them. While a lawyer has the solemn duty to defend his client’s rights and is expected to display the utmost zeal in defense of his client’s cause, his conduct must never be at the expense of truth.

The Court may disbar or suspend a lawyer for misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, probity, and good demeanor, thus proving unworthy to continue as an officer of the court.

Evidently, respondent lawyers fell short of the duties and responsibilities expected from them as members of the bar. Anticipating that their Motion for Bail will be denied by the court if it found that it had no jurisdiction over the person of the accused, they craftily concealed the truth by alleging that accused had voluntarily surrendered to a person in authority and was under detention. Obviously, such artifice was a deliberate ruse to mislead the court and thereby contribute to injustice. To knowingly allege an untrue statement of fact in the pleading is a contemptuous conduct that we strongly condemn. They violated their oath when they resorted to deception. (Young v. Batuegas, 403 SCRA 123 [2003]).

On members of the legislature

1987 Constitution, Art. VI, Sec. 13. No member

of legislature may accept an appointment in an

office which he created or increased emoluments thereof.

III. Lawyer’s

Duties

to

the

Legal

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.

In connection to Canon 7, the purposes of the

Integrated Bar of the Philippines are:

(1) to assist in the administration of justice by being available and prepared to render legal services; (2) to elevate the standards of the legal profession through the Mandatory Continuing Legal Education (MCLE) program and; (3) to enable the Bar to discharge its public responsibility more effectively by rendering public service and assistance in the administration of justice. Consequently, the Bar is also reminded of its only duty to the IBP: the regular payment of membership dues.

 

Rule 7.02

A lawyer

shall not support the

Relevant cases:

application

for

admission

 

to

the

bar

of

any

In re 1989 Elections of the IBP, 178 SCRA

person

known

by