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ETHICS:
MIDTERM
EXAM
NOTES
Counsel
de
Parte
–
an
attorney
retained
by
a
party
litigant,
usually
for
a
fee,
to
prosecute
or
defend
his
cause
in
court.
The
LEGAL
ETHICS
–
is
a
branch
of
moral
science,
which
treats
of
term
implies
freedom
of
choice
on
the
part
of
the
attorney
to
the
duties
which
an
attorney
owes
to
the
court,
to
the
client,
decline
or
accept
the
employment.
to
his
colleagues
in
the
profession
and
to
the
public
as
embodied
in
the
Constitution,
Rules
of
Court,
the
Code
of
Attorney
of
Record
–
one
who
has
filed
a
notice
of
appearance
Professional
Responsibility,
Canons
of
Professional
Ethics,
and
who
hence
is
formally
mentioned
in
court
records
as
the
jurisprudence,
moral
laws
and
special
laws.
official
attorney
of
the
party.
Person
whom
the
client
has
named
as
his
agent
upon
whom
service
of
papers
may
be
Original
Bases
of
Legal
Ethics:
made.
1. Canons
of
Professional
Ethics
2. Supreme
court
Decisions
Lawyer
“Of
Counsel”
–
to
distinguish
them
from
attorneys
of
3. Statistics
record,
associate
attorneys
are
referred
to
as
“of
counsel”
(5
4. Constitution
Am.
Jur.
261).
5. Treatises
and
publications
Moral
Turpitude
–
“includes
everything
which
is
done
contrary
Present
Basis
of
the
Philippine
Legal
System:
Code
of
to
justice,
honesty,
modesty,
or
good
morals”
Professional
Responsibility.
BAR
V.
BENCH
Crimes
Categorized
as
Crimes
Involving
Moral
Turpitude:
BAR
–
Refers
to
the
whole
body
of
attorneys
and
body
of
The
following
is
a
list,
not
necessarily
complete,
of
the
crimes
judges;
BENCH
–
denotes
the
whole
body
of
counselors,
adjudged
to
involve
moral
turpitude.
collectively
the
members
of
the
legal
profession.
1.
Abduction
with
consent
2.
Bigamy,
Concubinage,
Illicit
sexual
relations
Practice
of
Law
–
any
activity,
in
or
out
of
court
which
requires
3.
Attempted
Bribery,
Direct
Bribery
the
application
of
law,
legal
procedure,
knowledge,
training
4.
Smuggling
and
experience.
To
engage
in
the
practice
of
law
is
to
give
5.
Rape
notice
or
render
any
kind
of
service,
which
or
devise
or
service
6.
Estafa,
Estafa
through
falsification
of
a
document;
requires
the
use
in
any
degree
of
legal
knowledge
or
skill
Falsification
of
Document
(Cayetano
v.
Monsod,
201
SCRA
210).
7.
Robbery,
Theft,
Profiteering
8.
Murder,
consummated
or
attempted;
Frustrated
Homicide
Attorney-‐at-‐law/Lawyer
-‐
that
class
of
persons
who
are
9.
Violation
of
BP22,
Anti-‐fencing
law,
Dangerous
drugs
act
licensed
officers
of
the
courts,
empowered
to
appear
10.
Perjury,
Forgery,
Intriguing
against
honor.
prosecute
and
defend
and
upon
whom
peculiar
duties,
responsibilities,
and
liabilities
are
developed
by
law
as
a
Crimes
Categorized
NOT
Involving
Moral
Turpitude
consequence
(Cui
v.
Cui,
120
Phil.
729);
those
who
have
passed
1.
Minor
Transgressions
of
the
law
(traffic
violation)
the
regular
Philippine
Bar
examinations,
take
the
lawyer’s
2.
Illegal
recruitment
oath,
and
signed
the
roll
of
attorneys
and
thereby
may
practice
3.
Slight
Physical
Injuries
and
carrying
of
deadly
weapon
law
in
the
Philippines.
4.
Indirect
Contempt
Attorney
in
fact
–
an
agent
whose
authority
is
strictly
limited
Good
moral
character
–
Barrientos
v.
Daarol,
“as
officers
of
the
by
the
instrument
appointing
him,
though
he
may
do
things
court,
lawyers
must
not
only
in
fact
be
of
good
moral
character
not
mentioned
in
his
appointment
necessary
to
the
but
must
also
be
seen
to
be
of
good
moral
character
and
performance
of
the
duties
specifically
required
of
him
by
the
leading
lives
in
accordance
with
the
highest
moral
standards
of
power
of
attorney
appointing
him,
such
authority
being
the
community…”
necessarily
implied.
He
is
not
necessarily
a
lawyer.
Good
moral
character
is
a
continuing
qualification
required
of
Counsel
de
Oficio
–
a
counsel,
appointed
or
assigned
by
the
every
member
of
the
bar.
court,
from
among
members
of
the
Bar
in
good
standing
who,
by
reason
of
their
experience
and
ability,
may
adequately
Immoral
conduct
–
conduct
which
is
so
willful,
flagrant,
or
defend
the
accused.
shameless
as
to
show
indifference
to
the
opinion
of
good
and
respectable
members
of
the
community.
Furthermore,
such
Note:
In
localities
where
members
of
the
Bar
are
not
available,
conduct
must
not
only
be
immoral,
but
GROSSLY
IMMORAL.
the
court
may
appoint
any
person,
resident
of
the
province
and
That
is,
it
must
be
so
corrupt
as
to
constitute
a
criminal
act
or
good
repute
for
probity
and
ability,
to
defend
the
accused.
Sec.
so
unprincipled
as
to
be
reprehensible
to
a
high
degree
or
7,
Rule
116,
Rules
of
Court.
committed
under
such
scandalous
or
revolting
circumstances
as
to
shock
the
common
sense
of
decency.
(Narag
Case;
Oblena
Case)
Subjudice
Rule
–
restricts
comments
and
disclosures
pertaining
to
pending
judicial
proceedings.
Cases
Cited:
Test
of
Conflict
of
Interest
Toledo
v.
Toledo
–
respondent
disbarred
for
abandoning
his
In
the
case
of
Hornilla
v.
Atty.
Salunat,
the
court
explained
the
lawful
wife.
concept
of
conflict
of
interest
in
this
wise:
Obusan
v.
Obusan
–
abandoning
one’s
wife
and
resuming
carnal
relations
with
a
paramour
fall
within
that
conduct
which
There
is
conflict
of
interest
when
a
lawyer
represents
is
willful,
flagrant,
or
shameless,
and
which
shows
moral
inconsistent
interests
of
two
or
more
opposing
parties.
The
indifference
to
the
opinion
of
the
good
and
respectable
test
is
“whether
or
not
in
behalf
of
one
client,
it
is
the
lawyer’s
members
of
the
community
duty
to
fight
for
an
issue
or
claim,
but
it
is
his
duty
to
oppose
it
Cordova
v.
Cordova
–
moral
delinquency
which
affects
the
for
the
other
client.”
fitness
of
a
member
of
the
bar
to
continue
as
such,
includes
conduct
that
outrages
the
generally
accepted
moral
standards
Also
there
is
conflict
of
interest
if
the
acceptance
of
the
new
of
the
community.
retainer
will
require
the
attorney
to
perform
an
act
which
will
Royong
vs.
Oblena
–
The
grounds
for
disbarment
as
injuriously
affect
his
first
client
in
any
matter
in
which
he
enumerated
in
the
Rules
of
Court
is
not
exclusive
and
that
the
represents
him
and
also
whether
he
will
be
called
upon
in
his
power
of
the
Courts
to
exclude
unfit
and
unworthy
members
new
relation
to
use
against
his
first
client
any
knowledge
of
the
profession
is
inherent,
a
necessary
incident
to
the
acquired
through
their
connection.
proper
administration
of
justice…
Leslie
Ui
vs.
Atty.
Iris
Bonifacio-‐
The
practice
of
law
is
a
Another
test
of
the
inconsistency
of
interests
is
whether
the
privilege.
Possession
of
good
moral
character
must
be
acceptance
of
a
new
relation
will
prevent
an
attorney
from
continuous.
Membership
in
the
bar
may
be
terminated
when
the
full
discharge
of
his
duty
of
undivided
fidelity
and
loyalty
a
lawyer
ceases
to
have
a
good
moral
character.
to
his
client
or
invite
suspicion
of
unfaithfulness
or
double
Soriano
v.
Dizon…
dealing
in
the
performance
thereof.
Three
Perspectives
or
Approaches
Attorney’s
Lien
1.
Objective
perspective
of
the
act
itself,
irrespective
or
The
right
of
a
lawyer
to
hold
a
client’s
property
or
money
until
whether
or
not
the
act
is
a
crime.
–
Act
is
intrinsically
immoral;
payment
has
been
made
for
legal
aid
and
advice
given.
An
immoral
act
in
itself
regardless
of
whether
it
is
punishable
or
not.
A
lien
is
a
security
interest
used
by
a
creditor
to
ensure
payment
by
a
debtor
for
money
owed.
Since
an
attorney
is
2.
From
the
perspective
of
the
crime
itself;
as
defined
through
entitled
to
payment
for
services
performed,
the
attorney
has
a
its
elements.
–
“All
crimes
of
which
fraud
is
an
element
are
claim
on
a
client’s
property
until
compensation
is
duly
made.
looked
on
as
involving
moral
turpitude.”;
The
elements
of
the
crime
are
critical
factor
in
determining
moral
turpitude.
A
charging
lien
–
right
to
a
portion
of
the
judgment
that
was
won
for
the
client
through
professional
services.
It
is
a
specific
3.
Subjective
approach
–
Takes
the
offender
and
his
acts
into
lien
and
only
covers
a
lawyer’s
claim
on
money
obtained
in
a
account
in
light
of
the
attendant
circumstances
of
the
crime:
particular
action.
was
he
motivated
by
ill
will
indicating
depravity?
A
retaining
lien
–
more
general
in
scope,
extends
to
all
of
a
client’s
property
that
an
attorney
might
come
into
possession
Champertous
contract
–
a
contract
between
a
stranger
and
a
of
during
the
course
of
a
lawsuit.
Until
an
attorney
is
party
to
a
lawsuit,
whereby
the
stranger
pursues
the
party’s
compensated
for
services,
he
or
she
has
a
claim
or
interest
in
claim
in
consideration
of
receiving
part
or
any
of
the
proceeds
such
property.
recovered
under
the
judgment.
An
agreement
whereby
the
attorney
agrees
to
pay
expenses
of
proceedings
to
enforce
the
Assumpsit
client’s
rights.
It
is
against
public
policy.
This
contract
violates
A
promise
by
which
someone
assumes
or
undertakes
an
the
fiduciary
relationship
between
the
lawyer
and
his
client.
obligation
to
another
person.
It
means
“he
promised”.
The
promise
may
be
in
oral
or
writing,
but
not
under
seal.
Ambulance-‐Chasing
–
the
solicitation
of
almost
any
kind
of
legal
business
by
an
attorney,
personally
or
through
an
agent
Quantum
Meruit
in
order
to
gain
employment
‘As
much
as
he
deserves’
–
used
as
basis
for
determining
a
lawyer’s
professional
fees
in
the
absence
of
a
contract,
taking
Forum-‐Shopping
–
the
institution
of
two
or
more
suits
in
into
account
certain
factors
in
fixing
the
amount
of
legal
fees.
different
courts,
either
simultaneously
or
successively,
in
order
Its
essential
requisite
is
the
acceptance
of
the
benefits
by
one
to
ask
the
courts
to
rule
on
the
same
or
related
causes
and/or
sought
to
be
charged
for
the
services
rendered
under
to
grant
the
same
or
substantially
the
same
reliefs.
circumstances
as
reasonably
to
notify
him
that
the
lawyer
performing
the
task
was
expecting
to
be
paid
compensation
of
2003"
(R.A.
No.
9225).
He
intends
to
retire
in
the
Philippines
for
it.
It
is
a
doctrine
to
prevent
undue
enrichment
based
on
&
return
to
the
practice
of
law
after
compliance
with
the
the
equitable
postulate
that
it
is
unjust
for
a
person
to
retain
requirements
of
the
Office
of
the
Bar
Confidant,
hence
this
benefit
without
paying
for
it.
petition.
Petition
to
Resume
Practice
of
Law
Dacanay
Case
Issue:
If
petitioner,
after
reacquiring
Philippine
citizenship,
can
Facts:
Petitioner
was
admitted
to
the
Philippine
bar
in
March
practice
law
in
the
Philippines.
1960.
He
practiced
law
until
he
migrated
to
Canada
in
December
1998
to
seek
medical
attention
for
his
ailments.
He
Ruling:
The
court
-‐
In
Bar
Matter
No.
1678,
dated
December
subsequently
applied
for
Canadian
citizenship
to
avail
of
17,
2007,
allowed
Benjamin
M.
Dacanay
(a
Filipino
citizen
and
Canada’s
free
medical
aid
program.
His
application
was
a
barrister
who
migrated
to
Canada)
to
return
to
the
practice
approved
and
he
became
a
Canadian
citizen
in
May
2004.
On
of
law
after
complying
with
R.A.
No.
9225
and
the
July
14,
2006,
pursuant
to
Republic
Act
(RA)
9225
(Citizenship
requirements
of
the
Office
of
the
Bar
Confidant
to
wit:
Retention
and
Re-‐Acquisition
Act
of
2003),
petitioner
reacquired
his
Philippine
citizenship.
On
that
day,
he
took
his
1.
Petition
for
Re-‐Acquisition
of
Philippine
Citizenship;
oath
of
allegiance
as
a
Filipino
citizen
before
the
Philippine
2.
Order
(for
Re-‐Acquisition
of
Philippine
Citizenship;
Consulate
General
in
Toronto,
Canada.
Thereafter,
he
returned
3.
Oath
of
Allegiance
to
the
Republic
of
the
Philippines;
to
the
Philippines
and
now
intends
to
resume
his
law
practice.
4.
Identification
Certificate
(IC)
issued
by
the
Bureau
of
Immigration;
Issue:
Whether
petitioner
Benjamin
M.
Dacanay
lost
his
5.
Certificate
of
Good
Standing
issued
by
the
IBP;
membership
in
the
Philippine
bar
when
he
gave
up
his
6.
Certification
from
the
IBP
on
updated
payments
of
annual
Philippine
citizenship
membership
dues;
7.
Proof
of
payment
of
professional
tax;
and
Ruling:
8.
Certificate
of
compliance
issued
by
the
MCLE
Office.
The
Constitution
provides
that
the
practice
of
all
professions
in
the
Philippines
shall
be
limited
to
Filipino
citizens
save
in
cases
The
practice
of
law
is
a
privilege
burdened
with
conditions.
It
prescribed
by
law.
Since
Filipino
citizenship
is
a
requirement
is
so
delicately
affected
with
public
interest
that
it
is
both
the
for
admission
to
the
bar,
loss
thereof
terminates
membership
power
and
duty
of
the
State
(through
this
Court)
to
control
and
in
the
Philippine
bar
and,
consequently,
the
privilege
to
engage
regulate
it
in
order
to
protect
and
promote
the
public
welfare.
in
the
practice
of
law.
In
other
words,
the
loss
of
Filipino
Wherefore,
the
petition
of
Atty.
Epifanio
B.
Muneses
is
hereby
citizenship
ipso
jure
terminates
the
privilege
to
practice
law
in
granted.
the
Philippines.
The
practice
of
law
is
a
privilege
denied
to
foreigners.
Motion
to
Lift
Suspension
The
exception
is
when
Filipino
citizenship
is
lost
by
reason
of
The
general
rule
–
lifting
of
suspension
is
NOT
automatic
upon
naturalization
as
a
citizen
of
another
country
but
subsequently
the
end
of
the
period
stated
in
the
Court’s
decision,
and
an
reacquired
pursuant
to
RA
9225.
This
is
because
“all
Philippine
order
from
the
Court
lifting
the
suspension
at
the
end
of
the
citizens
who
become
citizens
of
another
country
shall
be
period
is
NECESSARY
in
order
to
enable
him
to
resume
the
deemed
not
to
have
lost
their
Philippine
citizenship
under
the
practice
of
his
profession.
Therefore,
motion
to
lift
suspension
conditions
of
[RA
9225].”
Therefore,
a
Filipino
lawyer
who
is
the
proper
pleading
upon
expiration
of
suspension
period.
becomes
a
citizen
of
another
country
is
deemed
never
to
have
lost
his
Philippine
citizenship
if
he
reacquires
it
in
accordance
SUI
GENERIS
–
In
Re:
Almacen,
the
Court
explained
this:
with
RA
9225.
Although
he
is
also
deemed
never
to
have
“Disciplinary
proceedings
against
lawyers
are
SUI
GENERIS.
It
terminated
his
membership
in
the
Philippine
bar,
no
automatic
is
neither
purely
civil
or
purely
criminal.
They
do
not
involve
right
to
resume
law
practice
accrues.
trial
of
an
action
or
a
suit,
but
are
rather
investigations
by
the
Court
into
the
conduct
of
its
officers.
Not
being
intended
to
Under
RA
9225,
if
a
person
intends
to
practice
the
legal
inflict
punishment,
they
are
in
no
sense
a
criminal
prosecution.
profession
in
the
Philippines
and
he
reacquires
his
Filipino
Public
interest
is
their
primary
objective.
citizenship
pursuant
to
its
provisions
“(he)
shall
apply
with
the
proper
authority
for
a
license
or
permit
to
engage
in
such
Preponderance
of
Evidence
–
The
evidence
required
in
practice.
suspension
or
disbarment
proceedings
is
preponderance
of
evidence.
The
equipoise
doctrine
(when
evidence
of
the
Muneses
Case
parties
is
equally
balanced)
mandates
a
decision
in
favor
of
the
Facts:
Epifanio
B.
Muneses,
a
Filipino
and
member
of
the
respondent.
Philippine
Bar
but
lost
the
privilege
because
he
became
a
citizen
of
the
United
States
of
America
on
August
28,
1981.
On
Preponderance
means
evidence
is
superior
to
or
has
greater
September
15,
2006
reacquired
his
Philippine
citizenship
weight
than
that
of
the
other.
More
convincing
to
the
Court.
pursuant
to
the
"Citizenship
Retention
and
Re-‐Acquisition
Act
CHAPTER
II:
LANDMARK
CASES
4.
In
Re:
Cunanan
–
Petitions
for
Admission
to
the
Bar
of
(Read
the
digests
you
already
printed)
Unsuccessful
Candidates
of
1946
to
1953
Important
Highlights
from
Dizon’s
Book
The
admission,
suspension,
disbarment
and
reinstatement
of
members
of
the
Philippine
Bar
is
a
judicial
function.
The
1.
Alawi
v.
Alauya
legislative
branch
cannot
encroach
upon
this
judicial
power.
“The
appellation
“attorney”
may
only
be
used
by
any
person
However,
it
may
enact
laws
which
are
not
repugnant
to
the
who
passed
the
regular
Philippine
Bar,
taken
the
lawyer’s
oath
power
of
judiciary
pertaining
to
the
practice
of
law.
and
signed
the
roll
of
attorneys.
Those
who
passed
the
Sharia
Bar,
may
only
be
called
“counselors”
since
they
are
not
full-‐ RA
972
is
contrary
to
public
interest
because
it
qualifies
1,094
pledged
member
of
the
Phil.
Bar.
graduates
who
confessedly
had
inadequate
preparations…
The
law
is
also
a
class
legislation.
There
is
no
reasonable
basis
to
classify
unsuccessful
bar
candidates
by
years
not
to
exclude
2.
Cayetano
v.
Monsod
those
of
other
years.
Practice
of
law
definition
(See
previous
page)
It
is
worth
mentioning
that
the
respondent
CA
in
a
The
primary
power
and
responsibility
which
the
Constitution
Memorandum
it
prepared,
enumerated
several
factors
recognizes,
continue
to
reside
in
this
Court.
Congress
may
determinative
of
whether
a
particular
activity
constitutes
repeal,
alter,
or
supplement
rules
promulgated
by
this
court,
“practice
of
law”.
It
states:
but
the
authority
and
responsibility
over
the
admission,
• Habituality
–
customarily
holding
oneself
out
to
the
suspension,
disbarment,
and
reinstatement
of
attorneys
and
public
as
a
lawyer.
Habitual
exercise
of
the
duties
of
a
their
supervision
remains
vested
in
the
Supreme
Court.
lawyer.
• Compensation
–
one
must
have
presented
himself
to
be
in
the
active
and
continued
practice
and
that
his
5.
In
Re:
Integration
of
the
Bar
of
the
Philippines
professional
services
are
available
to
the
public
for
Constitutional
Issues
Regarding
the
Integration
of
the
Bar
–
compensation,
as
a
service
of
his
livelihood
or
in
read
the
digest
copy
you
have.
consideration
of
his
said
services.
“The
Supreme
Court
is
of
the
view
that
it
may
integrate
the
• Application
of
law,
legal
principle,
practice,
or
Philippine
Bar
in
the
exercise
of
its
power,
under
Art
VIII,
procedure
which
calls
for
legal
knowledge,
training
Section
13
of
the
Constitution,
“to
promulgate
rules
and
experience
is
within
the
term
“practice
of
law”
concerning
pleading,
practice,
and
procedure
in
all
courts,
and
• Attorney-‐Client
relationship.
the
admission
to
the
practice
of
law.”
Integration
of
the
Bar
perfectly
Constitutional
and
Legally
3.
In
Re:
Almacen
Unobjectionable.
“Lawyers
are
allowed
to
criticize
but
through
legitimate
channels”
–
The
reason
is
that
an
attorney
does
not
surrender,
in
assuming
the
important
place
accorded
to
him
in
the
6.
Mauricio
Ulep
vs.
Legal
Clinic
administration
of
justice,
his
right
as
a
citizen
to
criticize
the
This
case
discusses
what
is
considered
as
practice
of
law.
It
also
decisions
of
the
courts
in
a
fair
and
respectful
manner,
and
the
discusses
the
general
rule
that
advertisement
is
not
allowed
in
independence
of
the
bar,
as
well
as
of
the
judiciary,
has
always
the
legal
profession.
But
there
are
exceptions
to
the
general
been
encouraged
by
the
courts.
rule.
However,
a
well-‐merited
reputation
is
the
best
advertisement
of
a
lawyer
to
announce
and
make
known
his
It
is
a
cardinal
condition
of
all
criticisms
that
it
shall
be
bona
legal
services.
fide,
and
shall
not
spill
over
the
walls
of
decency
and
propriety.
Legal
Support
Services
in
Case
at
Bar
Constitute
Practice
of
The
Power
to
Discipline
is
Inherent
in
the
Judicial
Branch
Law
–
…What
is
palpably
clear
is
that
respondent
corporation
Therefore,
it
is
almost
universally
held
that
both
the
admission
gives
out
legal
information
to
laymen
and
lawyers.
Its
and
disbarment
of
attorneys
are
judicial
acts,
and
that
one
is
contention
that
such
function
is
non-‐advisory
and
non-‐
admitted
to
the
bar
and
exercises
his
functions
as
an
attorney,
diagnostic
is
more
apparent
than
real…
The
activity
falls
not
as
a
matter
of
right,
but
as
a
privilege
conditioned
on
his
squarely
within
the
jurisprudential
definition
of
the
“practice
own
behavior
and
the
exercise
of
just
and
sound
judicial
of
law”;
Note
on
Canons
regarding
Advertisements.
discretion.
A
lawyer
cannot,
without
violating
the
ethics
of
his
profession,
“Disbarment
proceedings
are
Sui
Generis”
advertise
his
talents
or
skills
as
in
a
manner
similar
to
a
moot
merchant
advertising
his
goods.
This
view
rests
on
the
fundamental
postulate
that
the
practice
of
law
is
a
profession.
Exceptions:
CHAPTER
III
–
PROVISIONS
OF
THE
RULES
OF
COURT
• Publication
in
reputable
law
lists,
in
a
manner
RELATED
TO
LEGAL
ETHICS
consistent
with
the
standards
of
conduct
imposed
by
the
canons,
of
brief
biographical
and
informative
Who
May
Practice
Law
in
the
Philippines?
data.
(Must
not
be
misleading)
Section
1.
Who
may
practice
law.
—
Any
person
heretofore
• The
use
of
an
ordinary
simple
professional
card
is
duly
admitted
as
a
member
of
the
bar,
or
hereafter
admitted
also
permitted.
as
such
in
accordance
with
the
provisions
of
this
rule,
and
who
is
in
good
and
regular
standing,
is
entitled
to
practice
law.
• The
publication
of
a
simple
announcement
of
the
(Rule
138,
Rules
of
Court)
opening
of
a
law
firm
or
of
changes
in
the
partnership,
associates,
firm
name
or
office
address,
being
for
the
Note:
There
are
two
continuing
requirements
for
admission
to
convenience
of
the
profession
is
allowed.
the
bar:
1.
Citizenship
and
2.
Good
Moral
Character
Note:
Law
list
must
be
reputable
law
list
published
primarily
Section
2.
Requirements
for
all
applicants
for
admission
to
for
that
purpose.
For
that
reason,
a
lawyer
may
not
properly
the
bar.
—
Every
applicant
for
admission
as
a
member
of
the
publish
his
brief
biographical
and
informative
data
in
a
daily
bar
must
be
a
citizen
of
the
Philippines,
at
least
twenty-‐one
paper,
magazine,
journal,
or
society
program.
years
of
age,
of
good
moral
character,
and
resident
of
the
Philippines;
and
must
produce
before
the
Supreme
Court
satisfactory
evidence
of
good
moral
character,
and
that
no
7.
Valencia
vs.
Cabanting
charges
against
him,
involving
moral
turpitude,
have
been
“Article
1491
prohibits
the
sale
of
property
to
a
lawyer
while
filed
or
are
pending
in
any
court
in
the
Philippines.
litigation
is
pending”
(Check
your
separate
print-‐out
of
the
whole
Rule
138)
Public
policy
prohibits
the
transactions
in
view
of
the
fiduciary
relationship
involved.
It
is
intended
to
curtail
any
undue
MAY
THE
BAR
APPLICANTS
WHO
GRADUATED
LAW
FROM
influence
of
the
lawyer
upon
his
client.
OTHER
JURISDICTIONS
TAKE
THE
BAR
EXAMINATIONS
IN
THE
PHILIPPINES?
In
the
case
at
bar,
it
was
held
that,
“a
thing
is
in
litigation
while
a
certiorari
is
still
in
progress.”
Yes.
Bar
Matter
No.
1153
provides
for
the
amendments
of
Section
5
and
6
of
Rule
138.
It
allows
Fil.
Citizens
who
studies
Note:
First
Duty
of
a
Lawyer
is
not
to
Client
but
to
law
in
other
countries
to
take
the
bar
examination
in
the
Administration
of
Justice
–
A
lawyer
owes
entire
devotion
to
Philippines
and
be
admitted
to
practice
of
law.
the
interest
of
his
client
but
not
at
the
expense
of
the
truth.
Applicant
must
submit
to
the
SC:
1.
Completion
of
all
courses…
…Membership
in
the
bar
is
a
privilege
burdened
with
2.
Recognition
or
accreditation
of
the
law
school
by
proper
conditions.
By
far,
the
most
important
of
them
is
authority
and
3.
Completion
of
all
the
fourth
year
subjects
in
“mindfulness”
that
a
lawyer
is
an
officer
in
court.
Disbarment,
LLB
academic
program
in
a
law
school
duly
recognized
by
the
is
not
meant
as
a
punishment
but
intended
to
protect
the
Philippine
Government.
administration
of
justice.
WHAT
ARE
THE
BAR
EXAMINATION
SUBJECTS
AND
WHAT
IS
…
A
lawyer
should
treat
the
opposing
counsel
and
his
brethren
THE
PERCENTAGE
OF
EACH
SUBJECT?
in
the
law
profession
with
courtesy,
dignity
and
civility.
They
ü Political
and
International
Law,
Civil
Law,
Mercantile
may
“do
as
adversaries
do
in
the
law:
strive
mightily
but
they
Law
–
15%
eat
and
drink
as
friends.”
This
friendship
does
not
connote
ü Labor
and
Social
Legislation,
Taxation,
and
Criminal
conspiracy.
Law
–
10%
ü Remedial
Law
–
20%
ü Legal
Ethics
–
5%
ARE
THERE
EXCEPTIONS
TO
SECTION
10?
In
this
section,
no
examinee
has
been
allowed
for
the
reason
of
having
poor
penmanship
per
se
and
no
noiseless
typewriter
or
laptop
has
been
allowed.
However,
if
there
is
a
special
situation
usually
serious
health
reasons
that
may
affect
the
handwriting
or
reading
of
an
examinee,
a
petition
may
be
filed
in
Court
and
subject
to
its
approval
on
a
case
to
case
basis.
Academic
Requirements
for
Candidates:
WHAT
ARE
THE
TWO
OPERATIVE
ACTS
IN
ORDER
TO
BE
1. a
bachelor’s
degree
in
arts
and
sciences
(pre-‐law
CONSIDERED
AN
ATTORNEY
AND
USE
THIS
APPELLATION
course)
“ATTY.”?
2. a
completed
course
in:
After
having
passed
the
regular
Philippine
bar
examinations,
1. civil
law
having
all
the
necessary
requirements
for
admission
to
the
bar
2. commercial
law
and
none
of
the
disqualifications,
one
has
to:
3. remedial
law
1.
Take
the
lawyer’s
oath
(Section
17)
4. public
international
law
2.
Sign
the
roll
of
attorneys
(Section
19)
5. private
international
law
6. political
law
7. labor
and
social
legislation
8. medial
jurisprudence
CHAPTER
V:
THE
CODE
OF
PROFESSIONAL
RESPONSIBILITY
9. taxation
10. legal
ethics
Admission
to
the
Practice
of
Law
The
Supreme
Court
has
the
power
to
control
and
regulate
the
Non-‐lawyers
who
may
be
authorized
to
appear
in
court:
practice
of
law.
Thus,
the
Constitution,
under
Article
VIII,
Sec.
1. Cases
before
the
MTC:
Party
to
the
litigation,
in
5
(5)
provides:
person
OR
through
an
agent
or
friend
or
appointed
by
him
for
that
purpose
(Sec.
34,
Rule
138,
RRC)
Sec.
5.
The
Supreme
Court
shall
have
the
following
powers:
2. Before
any
other
court:
Party
to
the
litigation,
in
person
(Ibid.)
(5)
Promulgate
rules
concerning
the
protection
and
3. Criminal
case
before
the
MTC
in
a
locality
where
a
enforcement
of
constitutional
rights,
pleading,
practice
and
duly
licensed
member
of
the
Bar
is
not
available:
the
procedure
in
all
courts,
the
admission
to
the
practice
of
law,
judge
may
appoint
a
non-‐lawyer
who
is:
the
Integrated
Bar,
and
legal
assistance
to
the
under
1. resident
of
the
province
privileged.
2. of
good
repute
for
probity
and
ability
to
aid
the
accused
in
his
defense
(Rule
116,
Sec.
7,
The
Supreme
Court
acts
through
a
Bar
Examination
RRC).
Committee
in
the
Exercise
of
his
judicial
function
to
admit
4. Legal
Aid
Program
–
A
senior
law
student,
who
is
candidates
to
the
legal
profession.
enrolled
in
a
recognized
law
school’s
clinical
education
program
approved
by
the
supreme
Court
The
Bar
Examination
Committee:
may
appear
before
any
court
without
compensation,
• Composed
of
(1)
member
of
the
Supreme
Court
who
to
represent
indigent
clients,
accepted
by
the
Legal
acts
as
Chairman
and
eight
(8)
members
of
the
bar.
Clinic
of
the
law
school.
The
student
shall
be
under
• The
8
members
act
as
examiners
for
the
8
bar
the
direct
supervision
and
control
of
an
IBP
member
subjects
with
one
subject
assigned
to
each.
duly
accredited
by
the
law
school.
• The
Bar
Confidant
acts
as
a
sort
of
liason
officer
5. Under
the
Labor
code,
non-‐lawyers
may
appear
between
the
court
and
the
Bar
Chairman
on
the
other
before
the
NLRC
or
any
Labor
Arbiter,
if
hand,
and
the
individual
members
of
the
committee
1. they
represent
themselves,
or
if
on
the
other.
He
is
at
the
same
time
a
deputy
clerk
of
2. they
represent
their
organization
or
court.
members
thereof
(Art
222,
PO
442,
as
• Admission
of
examinees
is
always
subject
to
the
final
amended).
approval
of
the
court.
6. Under
the
Cadastral
Act,
a
non-‐lawyer
can
represent
a
claimant
before
the
Cadastral
Court
(Act
no.
2259,
Practice
of
Law
Sec.
9).
The
practice
of
law
is
a
privilege
granted
only
to
those
who
possess
the
STRICT
INTELLECTUAL
AND
MORAL
Public
Officials
who
CANNOT
ENGAGE
in
the
private
practice
QUALIFICATIONS
required
of
lawyers
who
are
instruments
in
of
Law
in
the
Philippines:
the
effective
and
efficient
administration
of
justice.
(In
Re:
1. Judges
and
other
officials
as
employees
of
the
Argosino,
1997).
Supreme
Court
(Rule
148,
Sec.
35,
RRC).
2. Officials
and
employees
of
the
OSG
(Ibid.)
3. Government
prosecutors
(People
v.
Villanueva,
14
SCRA
109).
4. President,
Vice-‐President,
members
of
the
cabinet,
their
deputies
and
assistants
(Art.
VIII
Sec.
15,
1987
Constitution).
5. Members
of
the
Constitutional
Commission
(Art
IX-‐A,
Nature
of
Lawyer’s
Oath
Sec.
2,
1987
Constitution)
• The
lawyer’s
oath
is
not
mere
facile
words,
drift
and
nd
6. Ombudsman
and
his
deputies
(Art.
IX,
Sec.
8
(2
par),
hollow,
but
a
sacred
trust
that
must
be
upheld
and
1987
Constitution)
kept
inviolable.
7. All
governors,
city
and
municipal
mayors
(R.A.
No.
• It
is
NOT
a
mere
ceremony
or
formality
for
practicing
7160,
Sec.
90).
law.
Every
lawyer
should
at
all
times
weigh
his
actions
8. Those
prohibited
by
special
law
according
to
the
sworn
promises
he
made
when
taking
the
lawyer’s
oath.
Public
Officials
with
RESTRICTIONS
in
the
Practice
of
Law:
1. No
Senator
as
member
of
the
House
of
Code
of
Professional
Responsibility
Representative
may
personally
appear
as
counsel
Chapter
1:
before
any
court
of
justice
as
before
the
Electoral
Lawyer
and
Society
Tribunals,
as
quasi-‐judicial
and
other
administration
bodies
(Art.
VI,
Sec.
14,
1987
Constitution).
CANON
1
–
A
lawyer
shall
uphold
the
constitution,
obey
the
2. Under
the
Local
Government
Code
(RA
7160,
Sec.
91)
laws
of
the
land
and
promote
respect
for
law
and
for
legal
Sanggunian
members
may
practice
their
professions
processes
provided
that
if
they
are
members
of
the
Bar,
they
shall
not:
Duties
of
Attorneys:
(Sec
20,
Rule
138)
1. appear
as
counsel
before
any
court
in
any
1. to
maintain
allegiance
to
the
Republic
of
the
civil
case
wherein
a
local
government
unit
or
Philippines
and
to
support
the
Constitution
and
obey
any
office,
agency,
or
instrumentality
of
the
the
laws
of
the
Philippines;
government
is
the
adverse
party;
2. to
observe
and
maintain
the
respect
due
to
the
courts
2. appear
as
counsel
in
any
criminal
case
of
justice
and
judicial
officers;
wherein
an
officer
or
employee
of
the
3. to
counsel
or
maintain
such
actions
or
proceedings
national
or
local
government
is
accused
of
an
only
as
appear
to
him
as
just,
and
such
defenses
only
offense
committed
in
relation
to
his
office;
as
he
believes
to
be
honestly
debatable
under
the
3. collect
any
fee
for
their
appearance
in
laws;
administrative
proceedings
involving
the
4. to
employ,
for
the
purpose
of
maintaining
the
causes
local
government
unit
of
which
he
is
an
confided
to
him,
such
means
only
as
are
consistent
official;
with
truth
and
honor,
and
never
seek
to
mislead
the
4. use
property
and
personnel
of
the
judge
or
any
judicial
officer
by
an
artifice
or
false
government
except
when
the
Sanggunian
statement
of
fact
or
law;
member
concerned
is
defending
the
interest
5. to
maintain
inviolate,
the
confidence,
and
at
every
of
the
government.
peril
to
himself,
to
preserve
the
secrets
of
his
client,
3. Under
RA
910,
Sec.
1,
as
amended,
a
retired
justice
or
and
to
accept
no
compensation
in
connection
with
his
judge
receiving
pension
from
the
government,
cannot
client’s
business
except
from
him
or
with
his
act
as
counsel
in
any
civil
case
in
which
the
knowledge
and
approval;
Government,
or
any
of
its
subdivision
or
agencies
is
6. to
abstain
from
all
offensive
personality
and
to
the
adverse
party
or
in
a
criminal
case
wherein
an
advance
no
fact
prejudicial
to
the
honor
or
reputation
officer
or
employee
of
the
Government
is
accused
of
of
a
party
or
witness,
unless
required
by
the
justice
of
an
offense
in
relation
to
his
office.
the
cause
with
which
he
is
charged;
7. not
to
encourage
either
the
commencement
or
the
Attorney’s
Oath:
continuance
of
an
action
or
proceeding,
or
delay
any
man’s
cause
for
any
corrupt
motive
or
interest;
“I,
__________________,
do
solemnly
swear
that
I
will
8. never
to
reject,
for
any
consideration
personal
to
maintain
allegiance
to
the
Republic
of
the
Philippines;
I
will
himself,
the
cause
of
the
defenseless
or
oppressed;
support
its
constitution
and
obey
the
laws
as
well
as
the
legal
9. in
the
defense
of
a
person
accused
of
a
crime,
by
all
orders
of
the
duly
constituted
authorities
therein;
I
will
do
no
fair
and
honorable
means,
regardless
of
his
personal
falsehood,
nor
consent
to
the
doing
of
any
in
court;
I
will
not
opinion
as
to
the
guilt
of
the
accused,
to
present
willingly
nor
wittingly
promote
or
sue
any
groundless,
false
every
defense
that
the
law
permits,
to
the
end
that
or
unlawful
suit,
or
give
aid
nor
consent
to
the
same;
I
will
no
person
may
be
deprived
of
life
or
liberty,
but
by
delay
no
man
for
money
or
malice,
and
will
conduct
myself
as
due
process
of
law.
a
lawyer
according
to
the
best
of
my
knowledge
and
discretion,
with
all
good
fidelity
as
well
to
the
court
as
to
my
Rule
1.01
–
A
lawyer
shall
not
engage
in
unlawful,
dishonest,
clients;
and
I
impose
upon
myself
this
voluntary
obligations
immoral
or
deceitful
conduct.
without
any
mental
reservation
or
purpose
of
evasion.
So
help
me
God.”
(Form
28,
RRC)
Morality
as
understood
in
law
–
This
is
a
human
standard
Ambulance
Chasing
–
Act
of
chasing
victims
of
accidents
for
based
on
natural
moral
law
which
is
embodied
in
man’s
the
purpose
of
talking
to
the
said
victims
(or
relatives)
and
conscience
and
which
guides
him
to
do
good
and
avoid
evil.
offering
his
legal
services
for
the
filing
of
a
case
against
the
person(s)
who
caused
the
accident(s).
Good
Moral
Character
–
“as
officers
of
the
court,
lawyers
must
not
only
in
fact
be
of
good
moral
character
but
must
also
be
seen
to
be
of
good
moral
character.
CANON
2
–
A
lawyer
shall
make
his
legal
services
available
in
an
efficient
and
convenient
manner
compatible
with
the
Moral
Turpitude:
any
thing
that
is
done
contrary
to
justice,
independence,
integrity
and
effectiveness
of
the
profession.
honesty,
modesty
or
good
morals.
Rule
2.01
–
A
lawyer
shall
not
reject,
except
for
valid
reasons,
Immoral
Conduct:
that
conduct
which
is
willful,
flagrant,
or
the
cause
of
the
defenseless
or
oppressed.
shameless
and
which
shows
a
moral
indifference
to
the
Rule
2.02
–
In
such
a
case,
even
if
a
lawyer
does
not
accept
a
opinion
of
the
good
and
respectable
members
of
the
case,
he
shall
not
refuse
to
render
legal
advise
to
the
person
community
concerned
if
only
to
the
extent
necessary
to
safeguard
latter’s
rights.
Grossly
Immoral
Conduct:
One
that
is
so
corrupt
and
false
as
Rule
2.03
–
a
lawyer
shall
not
do
or
permit
to
be
done
any
act
to
constitute
a
criminal
act
or
so
unprincipled
or
disgraceful
as
designed
primarily
to
solicit
legal
business.
to
be
reprehensible
to
a
high
degree;
it
is
a
WILLFUL,
FLAGRANT
or
SHAMELESS
ACT
which
shows
a
MORAL
Primary
characteristics
which
distinguish
the
legal
profession
INDIFFERENCE
to
the
opinion
of
respectable
members
of
the
from
business;
community.
(Narag
vs.
Narag,
1998)
1. duty
of
service,
of
which
the
emolument
is
a
by
product,
and
in
which
one
may
attain
the
highest
Rule
1.02
–
A
lawyer
shall
not
counsel
or
abet
activities
aimed
eminence
without
making
such
money;
at
defiance
of
the
law
or
at
lessening
confidence
in
the
legal
2. a
relation
as
an
‘officer
of
court’
to
the
administration
system.
of
justice
involving
thorough
sincerity,
integrity
and
Rule
1.03
–
A
lawyer
shall
not,
for
any
corrupt
motive
or
reliability;
interest,
encourage
any
suit
or
proceeding
or
delay
any
man’s
3. a
relation
to
clients
in
the
highest
degree
of
fiduciary;
cause.
4. a
relation
to
colleagues
at
the
bar
characterized
by
Rule
1.04
–
A
lawyer
shall
encourage
his
clients
to
avoid,
end
candor,
fairness
and
unwillingness
to
resort
to
or
settle
the
controversy
if
it
will
admit
of
a
fair
settlement.
current
business
methods
of
advertising
and
• If
a
lawyer
finds
that
his
client’s
cause
is
defenseless,
encroachment
on
their
practice
or
dealing
with
their
it
is
his
burden/duty
to
advise
the
latter
to
acquiesce
clients.
and
submit,
rather
than
traverse
the
incontrovertible.
• It
is
unprofessional
for
a
lawyer
to
volunteer
advice
to
Defenseless
–
not
in
the
position
to
defend
themselves
due
to
bring
a
lawsuit,
except
in
rare
cases
where
the
blood,
poverty,
weakness,
ignorance
or
other
similar
reasons.
relationship
or
trust
makes
it
his
duty
to
do
so.
• Temper
client’s
propensity
to
litigate.
Oppressed
–
victims
of
acts
of
cruelty,
unlawful
exaction,
• Should
not
be
an
instigator
of
controversy
but
a
domination
or
excessive
use
of
authority.
mediator
for
concord
and
conciliator
for
compromise.
• The
law
violated
need
not
be
a
penal
law.
“Moral
Rule
on
Advertisements
Turpitude”
–
everything
which
is
done
contrary
to
General
Rule:
No
advertisements
allowed.
The
most
worthy
justice,
honesty,
modesty
or
good
morals.
and
effective
advertisement
possible
is
the
establishment
of
a
• Give
advice
tending
to
impress
upon
the
client
and
his
well-‐merited
reputation
for
professional
capacity
and
fidelity
undertaking
exact
compliance
with
the
strictest
to
trust.
principles
of
moral
law.
• Until
a
statute
shall
have
been
construed
and
Lawyers
may
not
advertise
their
services
or
expertise
nor
interpreted
by
competent
adjudication,
he
is
free
and
should
not
resort
to
indirect
advertisements
for
professional
is
entitled
to
advise
as
to
its
validity
and
as
to
what
he
employment,
such
as
furnishing
or
inspiring
newspaper
conscientiously
believes
to
be
its
just
meaning
and
comments,
or
procuring
his
photograph
to
be
published
in
extent.
connection
with
causes
in
which
the
lawyer
has
been
engaged
• A
lawyer
has
the
obligation
not
to
encourage
suits.
or
concerning
the
manner
of
their
conduct,
the
magnitude
of
This
is
so
as
to
prevent
barratry
and
ambulance
the
interest
involved,
the
importance
of
the
lawyer’s
position,
chasing.
and
all
other
self-‐laudation.
Barratry
–
offense
of
frequently
exciting
and
stirring
up
Exceptions/
Permissible
advertisements:
quarrels
and
suits,
either
at
law
or
otherwise;
Lawyer’s
act
1. Reputable
law
lists,
in
a
manner
consistent
with
the
of
fomenting
suits
among
individuals
and
offering
his
legal
standards
of
conduct
imposed
by
the
canons,
of
brief
services
to
one
of
them.
biographical
and
informative
data,
are
allowed.
2. Ordinary
simple
professional
Card.
It
may
contain
Rule
3.04
–
A
lawyer
shall
not
pay
or
give
anything
of
value
to
only
a
statement
of
his
name,
the
name
of
the
law
representatives
of
the
mass
media
in
anticipation
of,
or
in
firm
which
he
is
connected
with,
address,
telephone
return
for,
publicity
to
attract
legal
business.
number
and
the
special
branch
of
law
practiced.
• It
is
unethical
to
use
the
name
of
a
foreign
firm.
3. A
simple
announcement
of
the
opening
of
a
law
firm
• Death
of
a
partner
does
not
extinguish
attorney-‐client
or
of
changes
in
the
partnership,
associates,
firm
relationship
with
the
law
firm.
name
or
office
address,
being
for
the
convenience
of
• Negligence
of
a
member
in
the
law
firm
is
negligence
the
profession,
is
not
objectionable.
of
the
firm.
4. Advertisements
or
simple
announcement
of
the
existence
of
a
lawyer
or
his
law
firm
posted
anywhere
CANON
4
–
A
lawyer
shall
participate
in
the
improvement
of
it
is
proper
such
as
his
place
of
business
or
residence
the
legal
system
by
initiating
or
supporting
efforts
in
law
except
courtrooms
and
government
buildings.
reform
and
in
the
administration
of
justice.
5. Advertisements
or
announcement
in
any
legal
publication,
including
books,
journals,
and
legal
Examples:
Presenting
position
papers
or
resolutions
for
the
magazines.
introduction
of
pertinent
bills
in
congress;
Petitions
with
the
Supreme
Court
for
the
amendment
of
the
Rules
of
Court.
Rule
2.04
–
A
lawyer
shall
not
charge
rates
lower
than
those
CANON
5
–
A
lawyer
shall
keep
abreast
of
legal
customarily
or
prescribed,
unless
circumstances
so
warrant.
developments,
participate
in
continuing
legal
education
programs,
support
efforts
to
achieve
high
standards
in
law
A
lawyer
cannot
delay
the
approval
of
a
compromise
schools
as
well
as
in
the
practical
training
of
students
and
agreement
entered
into
between
parties,
just
because
his
assist
in
disseminating
information
regarding
the
law
and
attorney’s
fees
were
not
provided
for
in
the
agreement.
jurisprudence.
Rule:
A
lawyer
cannot
compromise
the
case
without
client’s
consent
(special
authority).
Exception:
Lawyer
has
exclusive
Objectives
of
integration
of
the
Bar
management
of
the
procedural
aspect
of
the
litigation
(e.g.
1. To
elevate
the
standards
of
the
legal
profession
Submission
for
decision
on
the
evidence
so
far
presented.
But
2. To
improve
the
administration
of
justice
in
case
where
lawyer
is
confronted
with
an
emergency
and
3. To
enable
the
Bar
to
discharge
its
responsibility
more
prompt/urgent
action
is
necessary
to
protect
clients
interest
effectively.
and
there’s
no
opportunity
for
consultation,
the
lawyer
may
compromise.
Rule:
Refrain
from
charging
rates
lower
than
the
The
three-‐fold
obligation
of
a
lawyer
customary
rates.
ü First,
he
owes
it
to
himself
to
continue
improving
his
knowledge
of
the
laws;
Valid
Justification:
relatives,
co-‐lawyers,
too
poor
ü Second,
he
owes
it
to
his
profession
to
take
an
active
interest
in
the
maintenance
of
high
standards
of
legal
education;
CANON
3
–
A
lawyer
in
making
known
is
legal
services
shall
ü Third,
he
owes
it
to
the
lay
public
to
make
the
law
a
use
only
true,
honest,
fair
dignified
and
objective
information
part
of
their
social
consciousness.
or
statement
of
facts.
CANON
6
–
These
canons
shall
apply
to
lawyers
in
Rule
3.01
–
A
lawyer
shall
not
use
or
permit
the
use
of
any
government
service
in
the
discharge
of
their
official
tasks.
false,
fraudulent,
misleading,
deceptive,
undignified,
self-‐
auditory
or
unfair
statement
or
claim
regarding
his
Public
Officials
–
include
elective
and
appointive
officials
and
qualifications
or
legal
services.
employees,
permanent
or
temporary,
whether
in
the
career
or
non-‐career
service,
including
military
and
police
personnel,
Violation
of
Rule
3.01
is
unethical,
whether
done
by
him
whether
or
not
they
receive
compensation,
regardless
of
personally
or
through
another
with
his
permission.
amount.
(Sec.
3
(b),
RA
6713).
Rule
3.02
–
In
the
choice
of
a
firm
name,
no
false,
misleading,
The
law
requires
the
observance
of
the
following
norms
of
or
assumed
name
shall
be
used.
The
continued
use
of
the
conduct
by
every
public
official
in
the
discharge
and
execution
name
of
a
deceased
partner
is
permissible
provided
that
the
of
their
official
duties:
firm
indicates
in
all
its
communication
that
said
partner
is
1. commitment
to
public
interest
deceased.
2. professionalism
3. justness
and
sincerity
Rule
3.03
–
Where
a
partner
accepts
public
office,
he
shall
4. political
neutrality
withdraw
from
the
firm
and
his
name
shall
be
dropped
from
5. responsiveness
to
the
public
6. nationalism
and
patriotism
the
firm
name
unless
the
law
allows
him
to
practice
law
7. commitment
to
democracy
concurrently.
8. simple
living
(Sec.
4,
RA
6713)
Rule
6.01
–
The
primary
duty
of
a
lawyer
engaged
in
public
Misconduct
in
office
as
a
public
official
may
be
a
ground
for
prosecution
is
not
to
convict
but
to
see
that
justice
is
done.
The
disciplinary
action
(if
of
such
character
as
to
affect
his
suppression
of
facts
or
the
concealment
of
witnesses
capable
qualification
as
lawyer
or
to
show
moral
delinquency).
of
establishing
the
innocence
of
the
accused
is
highly
reprehensible
and
is
cause
of
disciplinary
action.
Should
recommend
the
acquittal
of
the
accused
whose
conviction
is
on
appeal,
IF
he
finds
no
legal
basis
to
sustain
the
Rule
6.02
–
A
lawyer
in
the
government
service
shall
not
use
conviction.
his
public
position
to
promote
or
advance
his
private
interest,
nor
allow
the
latter
to
interfere
with
his
public
duties.
Includes
restriction
is
representing
conflicting
interest
(e.g.
Accepting
engagements
vs.
former
employer,
PNB)
Rule
6.03
–
A
lawyer
shall
not,
after
leaving
government
service,
accept
engagements
or
employment
in
connection
The
OSG
is
not
authorized
to
represent
a
public
official
at
any
with
any
matter
in
which
he
had
intervened
while
in
said
state
of
a
criminal
case.
service.
See:
Olazo
v.
Tinga,
A.M.
No.
10-‐5-‐7-‐SC
Various
ways
a
government
lawyer
leaves
government
Generally,
a
lawyer
who
holds
a
government
office
may
not
be
service:
disciplined
as
a
member
of
the
Bar
for
the
misconduct
in
the
1. retirement
discharge
of
his
duties
as
a
government
official
2. resignation
3. expiration
of
the
term
of
office
He
may
be
disciplined
by
the
Court
or
as
a
member
of
the
Bar
4. dismissal
only
when
his
misconduct
also
constitutes
a
violation
of
his
5. abandonment
oath
as
a
lawyer.
QUERY:
What
are
the
pertinent
statutory
provisions
Chapter
II
regarding
this
Rule?
The
Lawyer
and
the
Legal
Profession
A:
Sec.
3
(d)
RA
3019
as
amended
and
Sec.
7
(b),
RA
6713
CANON
7
–
A
lawyer
shall
at
all
times
uphold
the
integrity
and
Sec
3.
Corrupt
practice
of
Public
Officers.
In
addition
to
acts
dignity
of
the
legal
profession,
and
support
the
activities
of
or
omission
of
public
officers
already
penalized
by
existing
law,
the
integrated
bar.
the
following
shall
constitute
corrupt
practice
of
any
public
officer
and
are
hereby
declared
to
be
unlawful:
Rule
7.01
–
A
lawyer
shall
be
answerable
for
knowingly
making
false
statements
or
suppressing
a
material
fact,
in
(d)
accepting
or
having
any
member
of
his
family
accept
connection
with
his
application
for
admission
to
the
bar.
employment
in
a
private
enterprise
which
has
pending
official
Rule
7.02
–
A
lawyer
shall
not
support
application
for
business
with
him
during
the
pendency
thereof
or
within
one
admission
to
the
bar
by
any
person
known
to
him
or
be
year
after
termination.
unqualified
in
respect
to
character,
education,
or
other
relevant
attribute.
Section
7
(b)
of
RA
6713
prohibits
officials
from
doing
any
of
Rule
7.03
–
A
lawyer
shall
not
engage
in
conduct
that
the
following
acts:
adversely
reflects
on
his
fitness
to
practice
law,
nor
should
1. own,
control,
manage
or
accept
employment
as
he,
whether
in
public
or
private
life,
behave
in
a
scandalous
officer,
employee,
consultant,
counsel,
broker,
agent,
manner
to
the
discredit
of
the
legal
profession.
trustee
or
nominee
in
any
private
enterprise
regulated,
supervised
or
licensed
by
their
office
ü Upright
character;
not
mere
absence
of
bad
unless
expressly
allowed
by
law.
character.
A
lawyer
must
at
all
times
conduct
himself
properly
as
not
to
put
into
question
his
fitness
to
These
prohibitions
shall
continue
to
apply
for
a
period
of
one
practice
law.
(1)
year
after
resignation,
retirement,
or
separation
from
ü Avoid
scandalous
conduct;
not
only
required
to
public
office,
except
in
the
case
of
subparagraph
(b)
(2)
above,
refrain
from
adulterous
relationships
or
the
keeping
but
the
professional
concerned
cannot
practice
his
profession
of
mistress
but
must
also
behave
himself
as
to
avoid
in
connection
with
any
matter
before
the
office
he
used
to
be
scandalizing
the
public
by
creating
the
belief
that
he
with,
in
which
case
the
one
year
prohibition
shall
likewise
is
flouting
those
moral
standards.
apply.
Rosario
Mecaral
v.
Atty.
Danilo
Velasquez
–
Complainant
Lawyers
in
the
government
service
are
prohibited
to
engage
in
charged
respondent
before
IBP
for
gross
misconduct
and
gross
the
private
practice
of
their
profession
unless
authorized
by
immoral
conduct.
Grossly
immoral
for
converting
his
secretary
the
constitution
or
law,
provided
that
such
practice
will
not
into
a
mistress
and
gross
misconduct
for
acts
of
subsequent
conflict
or
tend
to
conflict
with
their
official
functions.
detention
and
torture
of
complainant.
Respondent
was
DISBARRED.
Eugenia
Mendoza
v.
Atty.
Deciembre
–
Complainant
was
a
Rule
8.02
–
A
lawyer
shall
not,
directly
or
indirectly,
encroach
mail
sorter,
she
borrowed
20,000
from
Rodela
Loans
through
upon
the
professional
employment
of
another
lawyer;
respondent.
But
through
respondent’s
deceitful
acts,
however,
it
is
the
right
of
any
lawyer
without
fear
or
favor,
to
complainant
was
forced
to
pa
a
total
of
35,690.
She
also
give
proper
advice
and
assistance
to
those
seeking
relief
claimed
that
respondent
victimized
other
employees
of
the
against
unfaithful
or
neglectful
counsel.
Postal
Office
by
filling
up
without
authorization,
blank
checks
issued
to
him
as
condition
for
loans.
DISBARRED.
It
is
the
duty
of
a
lawyer
to
inform
the
SC
or
the
IBP
of
such
malpractice
to
the
end
that
the
malpractitioner
be
properly
The
fact
that
there
is
no
atty-‐client
relationship,
can
not
shield
disciplined.
respondent,
as
a
lawyer,
from
responsibility.
A
lawyer
may
be
disciplined
for
acts
committed
even
in
his
private
capacity
for
Not
to
use
in
pleadings
and
in
practice
the
following:
acts
which
tend
to
bring
reproach
on
the
legal
profession
or
to
disrespectful,
abusive
and
abrasive
language,
offensive
injure
it
in
the
favorable
opinion
of
the
public.
personalities,
unfounded
accusations
or
intemperate
words
tending
to
obstruct,
embarrass
or
influence
the
court
in
Office
of
the
Court
Administrator
v.
Judge
Indar
–
This
is
an
administering
justice.
administrative
complaint
for
gross
misconduct
and
dishonesty
against
respondent
who
was
Presiding
Judge
of
RTC
Br.
14,
Want
of
intention:
not
an
excuse
for
the
disrespectful
language
Cotabato…
used.
It
merely
extenuates
liability.
Ruling:
CANON
9
–
A
lawyer
shall
not
directly
or
indirectly
assist
in
1.
Public
office
is
a
Public
trust.
This
is
a
constitutional
principle
the
unauthorized
practice
of
law.
that
requires
a
judge,
like
any
other
public
servant
to
exhibit
at
all
times
the
highest
degree
of
honesty
and
integrity
Rule
9.01
–
A
lawyer
shall
not
delegate
to
any
unqualified
person
the
performance
of
any
task
which
by
law
may
only
2.
The
court
defines
misconduct
as
a
“transgression
of
some
be
performed
by
a
member
of
the
bar
in
good
standing.
established
and
definite
rule
of
action,
more
particularly,
unlawful
behavior
or
gross
negligence
by
a
public
officer.
Rule
9.02
–
A
lawyer
shall
not
divide
or
stipulate
to
divide
a
fee
for
legal
services
with
persons
not
licensed
to
practice
The
misconduct
is
grave
it
if
involves
any
of
the
additional
law,
except:
elements
of
corruption,
willful
intent
to
violate
the
law,
or
to
disregard
established
rules,
which
must
be
established
by
a.
Where
there
is
a
pre-‐existing
agreement,
with
a
partner
or
substantial
evidence.
associate
that
,
upon
the
latter’s
death,
money
shall
be
paid
over
a
reasonable
period
of
time
to
his
estate
or
to
the
In
this
case,
Judge
Indar
issued
decisions
on
numerous
persons
specified
in
the
agreement;
or
annulment
of
marriage
cases
when
in
fact
he
did
not
conduct
any
judicial
proceedings
on
the
cases.
b.
Where
a
lawyer
undertakes
to
complete
unfinished
legal
business
of
a
deceased
lawyer;
or
The
administrative
case
was
converted
to
a
disbarment
complaint
(ouch!)
in
accordance
with
A.M.
No
02-‐9-‐02-‐SC
c.
Where
a
lawyer
or
law
firm
includes
non-‐lawyer
employees
entitled
“Automatic
Conversion
of
some
administrative
cases
in
a
retirement
plan,
even
if
the
plan
is
based
in
whole
or
in
against
Justices
of
CA
and
Sandiganbayan:
Judge
of
Regular
part
of
a
profit
sharing
arrangements.
and
Special
Court
and
Court
Officials
who
are
lawyers
as
disciplinary
proceedings
against
them
both
as
such
officials
as
Lawyer
shall
not
negotiate
with
the
opposite
party
who
is
members
of
the
Philippine
Bar.
represented
by
a
counsel.
Neither
should
lawyer
attempt
to
interview
the
opposite
party
and
question
him
as
to
the
facts
Judge
Indar.
DISMISSED.
DISBARRED
for
violation
of
Canons
1,
of
the
case
even
if
the
adverse
party
is
willing
to
do
so.
7,
and
Rule
1.01
of
the
CPR
and
his
name
is
ORDERED
STRICKEN
from
the
Roll
of
Attorneys
(ouch!)
Lawyer
should
deal
only
with
counsel,
even
if
there’s
a
fair
agreement.
CANON
8
–
A
lawyer
shall
conduct
himself
with
courtesy,
Lawyer
may
however
interview
any
witness
or
prospective
fairness
and
candor
towards
his
professional
colleagues,
and
witness
for
the
opposing
side.
Limitation:
avoid
influencing
shall
avoid
harassing
tactics
against
opposing
counsel.
witness
in
recital
and
conduct.
Rule
8.01
–
A
lawyer
shall
not,
in
his
professional
dealings,
use
language
which
is
abusive,
offensive
or
otherwise
improper.
A
lawyer
must
not
take
as
partner
or
associate
one
who:
Rule
10.03
–
A
lawyer
shall
observe
the
rules
of
procedure
1. is
not
a
lawyer
and
shall
not
misuse
them
to
defeat
the
ends
of
justice.
2. is
disbarred
3. has
been
suspended
from
the
practice
of
law
Judge-‐lawyer
relationship:
based
on
independence
and
self-‐
4. foreign
lawyer,
unless
licensed
by
the
SC.
respect.
Lawyer’s
duty
to
the
court:
1. respect
and
loyalty
A
lawyer
cannot
delegate
his
authority
without
client’s
consent
2. fairness,
truth
and
candor
even
to
a
qualified
person.
3. no
attempt
to
influence
courts
Engr.
Tumbokon
v.
Atty.
Mariano
Pefianco-‐
Violated
9.02,
CONTEMPT
(Sec.
1.
Rule
71
of
the
Rules
of
Court)
1.01;
The
settled
rule
is
that
betrayal
of
marital
vow
of
fidelity
A
person
guilty
of
misbehavior
in
the
presence
of
or
so
near
a
or
sexual
relations
outside
marriage
is
considered
disgraceful
court
as
to
obstruct
or
interrupt
the
proceedings
before
the
and
immoral
as
it
manifests
deliberate
disregards
of
the
same
including
disrespect
toward
the
court,
offensive
sanctity
of
marriage
and
other
marital
vows
protected
by
the
personalities
toward
others,
or
refusal
to
be
sworn
or
to
Constitution
and
affirmed
by
our
laws.
answer
as
a
witness,
or
to
subscribe
an
affidavit
or
deposition
when
lawfully
required
to
do
so,
may
be
summarily
adjudged
in
contempt
by
such
court…
DISTINCTION
BETWEENT
CONTEMPT
PROCEEDINGS
AND
DISBARMENT
PROCEEDINGS:
Cases
of
falsehood:
1.
A
contempt
proceeding
for
misbehavior
in
court
is
designed
1. stating
in
the
Deed
of
Sale
that
property
is
free
from
to
vindicate
the
authority
of
the
Court;
on
the
other
hand,
the
all
liens
and
encumbrances
when
not
so
object
of
disciplinary
proceedings
is
to
deal
with
the
fitness
of
2. encashing
check
payable
to
a
deceased
cousin
by
the
Court’s
officer
to
continue
in
that
office,
to
preserve
and
signing
the
latter’s
name
on
the
check
protect
the
Court
and
the
public
from
the
official
ministrations
3. falsifying
a
power
of
attorney
and
using
it
in
collecting
of
persons
unfit
or
unworthy
to
hold
such
office.
the
money
due
to
the
principal
4. alleging
in
one
pleading
that
the
clients
were
mere
2.
The
PRINCIPAL
PURPOSE
of
the
exercise
of
the
power
to
cite
lessees
and
in
another
pleading
that
the
same
clients
for
contempt
is
to
SAFEGUARD
the
functions
of
the
Court
and
were
owners
should
thus
be
used
sparingly
on
a
preservative
and
not,
on
5. presenting
falsified
documents
in
court
which
he
the
vindictive
principle.
knows
to
be
false
6. filing
false
charges
on
groundless
suits
The
principal
purpose
of
the
exercise
of
disciplinary
authority
7. using
in
pleadings
the
IBP
number
of
another
lawyer
by
the
SC
is
to
ASSURE
RESPECT
for
the
orders
of
such
court
by
8. unsolicited
appearances
attorneys
who,
as
much
as
judges,
are
responsible
for
the
9. use
of
fictitious
residence
certificate
orderly
administration
of
justice.
10. misquotation/misrepresentation
11. citing
a
repealed
or
amended
provision
3.
Contempt
of
court
is
governed
by
the
procedure
laid
down
12. asserting
a
fact
not
proved
under
Rule
71
of
the
Rules
of
Court;
whereas
disciplinary
13. verbatim
reproductions
down
to
the
last
word
and
actions
in
the
practice
of
law
are
governed
by
Rule
138
of
the
punctuation
mark
Rules
of
Court.
14. slight
typo
mistake:
not
sufficient
to
place
him
in
contempt
Chapter
III
CANON
11
–
A
lawyer
shall
observe
and
maintain
the
respect
The
Lawyer
and
the
Courts
due
to
the
courts
and
to
judicial
officers
and
should
insist
on
similar
conduct
by
others.
CANON
10
–
A
Lawyer
owes
candor,
fairness
and
good
faith
to
the
court.
Rule
11.01
–
A
lawyer
shall
appear
in
court
properly
attired.
Rule
10.01
–
A
lawyer
shall
not
do
any
falsehood,
nor
consent
A
lawyer
may
NOT
wear
outlandish
or
colorful
clothing
to
to
the
doing
of
any
in
court;
nor
shall
he
mislead
or
allow
the
court.
As
an
officer
of
the
court
and
in
order
to
maintain
the
court
to
be
mislead
by
any
artifice.
dignity
and
respectability
of
the
legal
profession,
a
lawyer
who
appears
in
court
must
be
properly
attired.
Consequently,
the
Rule
10.02
–
A
lawyer
shall
not
knowingly
misquote
or
court
can
hold
a
lawyer
IN
CONTEMPT
of
court
if
he
does
not
misrepresent
the
contents
of
the
paper,
the
language
or
the
appear
in
proper
attire.
Any
deviation
from
the
commonly
argument
of
opposing
counsel,
or
the
text
of
a
decision
of
accepted
norm
of
dressing
in
court
(barong
or
tie,
not
both)
is
authority,
or
knowingly
cite
as
law
a
provision
already
enough
to
warrant
a
citing
for
contempt.
rendered
inoperative
by
repeal
or
amendment,
or
assert
as
a
fact
that
which
has
not
been
approved.
What
is
the
proper
attire?
–
Males.
Should
either
be
a
barong
CANON
12
–
A
lawyer
shall
exert
every
effort
and
consider
it
tagalog
or
the
suit
with
tie.
For
lady
lawyers,
the
appropriate
his
duty
to
assist
in
the
speedy
and
efficient
administration
business
attire
would
be
proper.
In
general,
contemporary
of
justice.
business
suit.
A
lawyer
not
in
proper
attire
may
be
held
in
contempt
of
court.
Rule
12.01
–
A
lawyer
shall
not
appear
for
trial
unless
he
has
adequately
prepared
himself
with
the
law
and
the
facts
of
his
Rule
11.02
–
A
lawyer
shall
punctually
appear
at
court
case,
the
evidence
he
will
adduce
and
the
order
of
its
hearings.
preference.
He
should
also
be
ready
with
the
original
documents
for
comparison
with
the
copies.
Rule
11.03
–
A
lawyer
shall
abstain
from
scandalous,
offensive,
or
menacing
language
or
behavior
before
the
courts.
Newly
hired
counsel:
must
acquaint
himself
with
all
the
antecedent
proceedings
and
processes
that
have
transpired
in
Rule
11.04
–
A
lawyer
shall
not
attribute
to
a
judge
motives
not
the
record
prior
to
his
takeover.
supported
by
the
record
or
having
no
materiality
to
the
case.
If
presenting
documentary
exhibits,
he
must
be
ready
with
the
Rule
11.05
–
A
lawyer
shall
submit
grievances
against
a
judge
originals
for
the
purpose
of
comparison
with
copies
thereof.
to
the
proper
authorities
already.
Rule
12.02
–
A
lawyer
shall
not
file
multiple
actions
arising
A
lawyer
is
an
officer
of
the
court.
He
occupies
a
quasi-‐judicial
from
the
same
cause.
office
with
a
tripartite
obligation
to
the
courts,
to
the
public
and
to
his
clients.
Forum
shopping
–
omission
to
disclose
pendency
of
appeal
or
prior
dismissal
of
his
case
by
a
court
of
concurrent
jurisdiction.
The
public
duties
of
the
attorney
take
precedence
over
his
private
duties.
His
first
duty
is
to
the
courts.
Where
duties
to
Forum
shopping
exists
when
as
a
result
of
an
adverse
opinion
the
courts
conflict
with
his
duties
to
his
clients,
the
latter
must
in
one
forum:
yield
to
the
former.
Lawyers
must
be
respectful
not
only
in
1. a
party
seeks
favorable
opinion
(other
than
by
appeal
actions
but
also
in
the
use
of
language
whether
in
oral
or
certiorari)
in
another;
or
arguments
or
in
pleadings.
Must
exert
efforts
that
others
2. when
he
institutes
two
or
more
actions
or
(including
clients,
witnesses)
shall
deal
with
the
courts
and
proceedings
grounded
on
the
same
cause,
on
the
judicial
officers
with
respect.
Obedience
to
court
orders
and
gamble
that
one
or
the
other
would
make
a
favorable
processes.
disposition
(Benguet
Electric
Corp.
vs.
Flores,
287
SCRA
449,
March
12,
1998).
Criticisms
of
courts
must
not
spill
the
walls
of
decency.
There
is
a
wide
difference
between
fair
criticism
and
abuse
and
The
most
important
factor
in
determining
the
existence
of
slander
of
courts
and
judges.
Intemperate
and
unfair
criticism
forum-‐shopping
is
the
VEXATION
caused
the
courts
and
party-‐
is
a
gross
violation
of
the
duty
to
respect
the
courts.
It
litigants
by
a
party
who
asks
different
courts
to
rule
on
the
amounts
to
misconduct
which
subjects
the
lawyer
to
same
related
causes,
asking
the
same
relief.
Forum
shopping
disciplinary
action.
constitutes
DIRECT
CONTEMPT
of
court
and
may
subject
the
offending
lawyer
to
disciplinary
action.
A
mere
disclaimer
of
any
intentional
disrespect
by
appellant
is
not
a
ground
for
exoneration.
His
intent
must
be
determined
Elements
of
Forum-‐Shopping:
by
a
fair
interpretation
of
the
languages
employed
by
him.
He
ü Identity
of
Parties
or
at
least
such
parties
as
represent
cannot
escape
responsibility
by
claiming
that
his
words
did
not
the
same
interest
in
both
actions;
mean
what
any
reader
must
have
understood
them
to
mean.
ü Identity
of
rights
asserted
and
the
reliefs
prayed
for,
being
founded
on
the
same
facts
Lawyer
can
demand
that
the
misbehavior
of
a
judge
be
put
on
ü Identity
of
the
two
preceding
particulars,
such
that
record.
Lawyers
must
be
courageous
enough
to
expose
any
judgment
rendered
in
the
other
action
will,
arbitrariness
and
injustice
of
courts
and
judges.
A
lawyer
may
regardless
of
which
party
is
successful
amount
to
res
submit
grievances
against
judges
in
the
Supreme
Court,
judicata
in
the
action
under
consideration.
Ombudsman,
or
Congress
(for
impeachment
of
SC
judges
only).
Three-‐ways
Forum-‐Shopping
may
be
committed:
ü Cases
under
litis
pendentia.
ü Cases
under
res
judicata.
ü Filing
cases
with
the
same
cause
of
action
but
different
prayers.
A
lawyer
may
violate
the
rule
on
forum-‐shopping:
CANON
13
–
A
lawyer
shall
rely
upon
the
merits
of
his
cause
1.
Failure
to
include
a
Certification
against
forum
shopping
in
and
refrain
from
any
impropriety
which
tends
to
influence,
or
the
pleading.
gives
the
appearance
of
influencing
the
court.
2.
committing
forum-‐shopping
itself.
Rule
13.01
–
A
lawyer
shall
not
extend
extraordinary
Rule
12.03
–
A
lawyer
shall
not,
after
obtaining
extensions
of
attention
or
hospitality
to,
nor
seek
opportunity
for,
time
to
file
pleadings,
memoranda
or
briefs,
let
the
period
cultivating
familiarity
with
judges.
lapse
without
submitting
the
same
or
offering
an
explanation
for
his
failure
to
do
so.
Rule
13.02
–
A
lawyer
shall
not
make
public
statements
in
the
media
regarding
a
pending
case
tending
to
arouse
public
Rule
12.04
–
A
lawyer
shall
not
unduly
delay
a
case,
impede
opinion
for
or
against
a
party.
the
execution
of
a
judgment
or
misuse
court
processes.
Rule
13.03
–
A
lawyer
shall
not
brook
or
invite
interference
Rule
12.05
–
A
lawyer
shall
refrain
from
talking
to
his
witness
by
another
branch
or
agency
of
the
government
in
the
normal
during
a
break
or
recess
in
the
trial,
while
the
witness
is
still
course
of
judicial
proceedings.
under
examination.
The
judge
has
the
corresponding
duty
not
to
convey
or
permit
Witness
preparation
is
different
from
witness
coaching.
others
to
convey
the
impression
that
they
are
in
a
special
Coaching
obfuscate
the
truth
or
instructing
the
witness
to
lie.
position
to
influence
the
judge.
Discussing
cases
with
the
judge
privately
should
be
avoided.
Rule
12.06
–
A
lawyer
shall
not
knowingly
assist
a
witness
to
misrepresent
himself
or
to
impersonate
another.
Test
when
public
statement
is
contemptuous:
The
character
of
the
act
done
and
its
direct
tendency
to
prevent
and
obstruct
Rule
12.07
–
A
lawyer
shall
not
abuse,
browbeat
or
harass
a
the
discharge
of
official
duty.
witness
nor
needlessly
inconvenience
him.
To
warrant
a
finding
of
“prejudicial
publicity”,
there
must
be
Rights
and
obligations
of
a
witness
–
a
witness
must
answer
an
allegation
and
proof
that
the
judges
have
been
unduly
questions,
although
his
answer
may
tend
to
establish
a
claim
influenced,
not
simply
that
they
might
be,
by
the
“barrage”
of
against
him.
However,
it
is
the
right
of
a
witness:
publicity.
1. to
be
protected
from
irrelevant,
improper,
or
insulting
questions
and
from
harsh
or
insulting
Lawyer
is
equally
guilty
as
the
client
if
he
induces
the
latter
to
demeanor;
cause
the
publicity.
2. not
to
be
detained
longer
than
the
interest
of
justice
requires;
The
Sub-‐Judice
Rule
–
It
restricts
comments
and
disclosures
3. not
to
be
examined
except
only
as
to
matters
pertaining
to
pending
judicial
proceedings.
Its
violation
may
pertinent
to
the
issue;
constitute
indirect
contempt.
Preserves
the
impartiality
of
4. not
to
give
any
answer
which
will
tend
to
subject
him
judicial
system
by
protecting
it
from
undue
influence.
to
a
penalty
for
an
offense
unless
otherwise
provided
by
law,
or
Indirect
Contempt
–
any
improper
conduct
tending,
directly
or
5. nor
to
give
answer
which
will
tend
to
degrade
his
indirectly,
to
impede,
obstruct,
or
degrade
the
administration
reputation,
unless
it
be
to
the
very
fact
at
issue
or
to
of
justice.
a
fact
from
which
the
fact
in
issue
would
be
presumed.
But
a
witness
must
answer
to
the
fact
of
Two
classes
of
publicized
speech,
under
criminal
proceedings,
his
previous
final
conviction
for
an
offense.
(Rule
132,
made
during
its
pendency,
considered
as
contemptuous:
Sec.
3,
RRC)
ü Comments
on
the
merits
of
the
case
ü Intemperate
and
unreasonable
comments
on
the
Rule
12.08
–
A
lawyer
shall
avoid
testifying
in
behalf
of
his
conduct
of
the
courts
with
respect
to
the
case.
client,
except:
a.
on
formal
matters,
such
as
the
mailing,
authentication
or
This
rule
excludes
from
its
coverage
fair
and
accurate
reports
custody
of
an
instrument
and
the
like:
(without
comment)
of
what
have
actually
taken
place
in
court.
b.
on
substantial
matters,
in
cases
where
his
testimony
is
essential
to
the
ends
of
justice,
in
which
event
he
must,
The
Principle
of
Open
Justice
–
The
people’s
freedom
to
during
his
testimony,
entrust
the
trial
of
the
case
to
another
criticize
the
government
includes
the
right
to
criticize
the
counsel.
courts,
their
proceedings
and
decisions;
fundamental
in
a
democratic
society,
this
ensures
that:
(a)
there
is
a
safeguard
against
arbitrariness
and
idiosyncrasy
(b)
the
public’s
confidence
in
the
administration
of
justice
is
maintained