The power of the SC to regulate the legal profession:

1987 consti art 8 section 5(5)

The SC shall have the following powers:

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivilege.

Who may practice law?

Requirements for the admission to the bar?

Sec. 1 rule 138 of Revised Rules of Court

“Any person heretofore 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.”

In order to use the appellation “attorney”

1. That one has successfully passed the bar examinations;

2. That one has taken his or her lawyer’s oath;
3. That one has signed the roll of attorneys.

Requirements of applicants for the admission to the bar (sec 2. Rule 138)

1. Must be a citizen of the Philippines,

2. At least 21 years of age,
3. Of good moral character,
4. And resident of the Philippines
5. And must produce before the SC satisfactory evidence of good moral character
6. And that no charge against him involving moral turpitude, have been filed or pending in any
court in the Philippines.

Practice of law?

- Means any activity, in and out of the court which requires the application of law, legal
procedure, knowledge, training and experience.

Legal ethics – embodiment of all principles of morality and refinement that should govern the
conduct of every member of the bar. The living spirit of the profession which limits yet uplifts it as a
livelihood.

Practice of law (4 factors determining the practice) HACA

1. Habituality – customarily or frequently holding ones self out to the public as a lawyer
2. Application of law, legal principles, practice or procedure – calls out for legal knowledge,
training and experience.
3. Compensation – his professional service are available to the public for compensation, as source
of his livelihood or in consideration of his said services.
4. Attorney-client relationship

Counsel De Officio – attorney appointed by the court to defend an indigent defendant in a criminal
action or to represent a destitute party in a case.

Counsel De Parte – an attorney retained by a party litigant, usually for a fee, to prosecute or defend
his cause in court.

Amicus curiae – an experienced and impartial attorney invited by the court to appear and help in the
disposition of issue submitted to it.

Bench – the judiciary

Bar – the legal profession

Attorney of Record – an attorney whose name together with his address is entered in the record of
the case as the designated counsel of the party litigant in the case and to whom judicial notices
relative thereto are sent.

Champertous Contract – officious intermeddler helps pursue the litigant’s claim.

Ambulance chasing – blatant form of solicitation

Lawyers Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support
the 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, or give aid nor
consent to the same;

I will delay no man for money or malice, and will conduct myself as a lawyer to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my clients;

And I impose upon myself these voluntary obligations without any mental reservation or purpose of
evasion. So help me God.

The lawyer’s duty to the Society (Canons 1-6)

 Canon 1 – A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for
law and legal processes.

1.01 – a lawyer shall not engage in unlawful, deceitful, immoral and dishonest conduct. (UDID)

Unlawful conduct – an act or omission which is against the law.

Dishonest act – an act of lying or cheating
Immoral or deceitful conduct – is one that involves moral turpitude.

Moral Turpitude – includes anything done contrary to justice, modesty or to good morals, or to any
vileness, baseness or depravity in the private and social duties that a man owes to his fellowmen or
society, contrary to accepted rule of right and duty between man and man.

1.02 – not counsel or abet activities aimed at defiance of the law or lessening the confidence in the
legal system
1.03 – shall not for any corrupt motives, encourage any suit or proceeding or delay any man’s cause.
1.04 - end or settle controversy

Canon 2 – a lawyer make his legal services available in an efficient and convenient manner compatible
with the independence, integrity, and effectiveness of the profession

2.01 – shall not reject except for valid reason, the cause of the defenseless or oppressed

2.02 – even if not accept the case, he shall not refuse to render legal advice to the person if only to the
extent necessary to safeguard the latter’s rights.

2.03 – shall not do or permit to be done any act design primarily to solicit legal business.

2.04 – shall not charge lower fees to attract clients

Canon 3. A lawyer in making known his legal service shall only use true, honest, fair, dignified and
objective information or statements of facts.

- The best advertising possible for a lawyer is a well-merited reputation for professional capacity
and fidelity to trust, which must be earned as the outcome of character and conduct.
-
3.03 – where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently.
3.04 - shall not pay or give anything of value to representatives of mass media in anticipation of, or
in return for, publicity to attract legal business.

Canon 4-5. – participate in the development of the legal system by law reform and improvement of
admin of justice. Keep abreast of legal developments.

Canon 6

6.01- 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 subject to
disciplinary action.

6.02 – shall not use public position to advance private interest.

6.03 – after leaving gov. service, accept engagement or employment in connection with any matter in
which he had intervened while in said service.

Duty to 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 Bar.

-false statement in application for admission to the bar.

- shall not support unqualified application for admission to bar.

Grossly immoral act – one that is so corrupt and false as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree.

Canon 8. A lawyer shall conduct himself with courtesy, fairness and candor toward his professional
colleagues, and shall avoid harassing tactics against opposing counsel.

- Shall not encroach upon professional employment of another lawyer, but have rights without
fear or favor to give advice to those seeking relief against unfaithful or neglectful counsel.

Canon 9 – a lawyer shall not, directly or indirectly assist in the unauthorized practice of law.

- Shall not divide or stipulate to divide a fee for legal service. Except:
1. Pre-existing agreement
2. Undertakes to complete unfinished legal business of deceased lawyer
3. Law firm includes non-lawyer employees in retirement plan

Lawyers duty to the Court

Canon 10. A lawyer owes candor, fairness and good faith to the Court.

Canon 11. A lawyer shall observe and maintain the respect due to the courts and judicial officers and
should insist on similar conduct by others.

-proper dressing, punctuality, scandalous behavior in court

- shall not attribute judge motives not supported by the record or have no materiality to case.

- submit grievances against judge to proper authorities only.

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.
 - Forum shopping- improper practice of going from one court to another in the hope of securing a
favorable relief in one court which another court has denied, or filing of repetitious suits or
proceedings in different courts concerning substantially the same subject matter.
- Test to determine, (Res judicata, litis pendentia)
- Shall avoid testifying in behalf of client except: formal matters and substantial matter.

Canon 13. A lawyer shall rely upon the merits of his cause and refrain from impropriety which tends to
influence, or gives the appearance of influencing the court.

- Not seek opportunity for cultivating familiarity with the judge

- Shall not make public statements regarding pending case.

Lawyer’s duty to the Client

Canon 14 – the lawyer and the client

- A lawyer shall not refuse his service to the needy.

. the relation is strictly personal and highly confidential and fiduciary.

Retainer

- General – act of a client by which he engages the service of an attorney to render legal advise.
- Special – or to defend or prosecute his cause in court.

Negligence of attorney binds the client, except:

1. Deprives the client of due process of law

2. When its application will result in outright depravation of the client’s liberty or property.
3. Where the interest of justice so requires.

Shall not refuse representation of indigent except:

1. Not in the position to carry out the work effectively or competently

2. Conflict of interest

Test on w/o there is conflict of interest:

Whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of
undivided fidelity or loyalty to his client or invite suspicion of unfaithfulness or double-dealing in the
performance thereof.

Canon 15. – a lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with
his clients.

- Prohibited from representing conflicting interest.

- Shall give candid and honest opinion on the merits and probable results of the client’s case,
neither overstating or understating.
- Shall not state or imply ability to influence official, tribunal or legislative bodies.
Canon 16 – a lawyer shall hold in trust all moneys and properties of his client that may come into his
possession.

- Shall account for all money or property collected or received for or from the client. (failure is a
ground for dismissal)
- Shall keep the funds of each client separate and apart from his own.
- 16.03 – a lawyer shall deliver the funds and property of his client when due or upon demand.
However, he shall have a lien over the funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his
client.
- Shall not borrow money unless client’s interest are fully protected. Shall not lend money except
when in the interest of justice, he has to advance necessary expenses in legal matter he is
handling.

Canon 17. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him.

Canon 18. A lawyer shall serve his client with competence and diligence.

- Remains counsel of record until formal substitution of attorney is effected. Withdrawal shall be
approved.
GR – client is bound by Actuation of his counsel except when the negligence of counsel is so
gross, reckless and inexcusable that the client is deprived of his day in court.
- Shall not undertake a legal service in which he knows he is not qualified to render. However, he
can render service with consent of his client, he can obtain as collaborating counsel a lawyer
who is competent on that matter.
- Shall keep client informed of the status of the case and shall respond with a reasonable time to
client’s request for information.

Canon 19. A lawyer shall represent his client with zeal within the bounds of law.

- Employ fair and honest means to attain lawful objectives of his client.
- Shall not present, participate in presenting or threaten to present unfounded criminal charges
to obtain improper advantage in any case or proceeding.

Laywer’s compensation

Canon 20 – a lawyer shall charge only fair and reasonable fees.

20.01. factors in determining his fees---- quantum meruit (as much as he deserves)

1. The time spent and the extent of services rendered or required;

2. The novelty and difficulty of the questions involved;
3. The importance of the subject matter;
4. The skill demanded;
5. The probability of losing other employment as a result of acceptance of the preferred case;
 6. The customary charge for similar services and the schedule of fees of the IBP chapter to which
he belongs;
7. The amount involve in the controversy and the benefits resulting to the client from the service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether occasional or established; and
10. The professional standing of the lawyer.

- In case of referral with consent of client be entitled to division fees in proportion to the work
performed and responsibility assumed.
- Suit in assumpsit – action filed by a lawyer against his client for collection of attorney’s fees.
- The fee which is as much as the lawyer deserves considering the reasonable value of the
services he has rendered. Quantum meruit is also referred to Assumpsit.

Canon 21. A lawyer shall preserve the confidence and secrets of his client even after attorney-client
relation is terminated.

- May disclose the affairs of a client of the firm to partners or associates unless prohibited by the
client.

Canon 22. A lawyer shall withdraw his services only for good cause and upon notice appropriate in the
circumstances.

NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY (Bangalore Draft)

- Strengthening Judicial Integrity

- Universal Declaration of Judicial Standards applicable in all judiciaries
- Is founded upon a universal recognition that a competent, independent and impartial judiciary is
essential if the courts are to fulfill their role in upholding constitutionalism and the rule of law.

Canon 1 – Independence

- Pre-requisite to the rule of law and a fundamental guarantee of a fair trial.

Section 1. judges shall exercise the judicial function independently on the basis of their assessment
of facts and in accordance with conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for
any reason.

Section 2. in performing judicial duties, judges shall be independent from judicial colleagues in
respect of decisions which the judge is obliged to make independently.

Section 3. shall refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency.

Section 4. shall not allow family, social, or other relationships to influence judicial conduct or
judgement. Judicial office shall not be lend or use to advance private interest of others, nor convey
the impression that they are in a special position to influence the judge.
Section 5. free from inappropriate connections and influence by the executive and legislative
branch, but must also appear therefrom to a reasonable observer.

Section 6. independent in relation to society in general and in relation to particular parties to

disputes which she or he adjudicate.

Section 8. exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial independence.

Canon 2 – integrity

Section 1. ensure that not only their conduct is beyond reproach, , but that it is perceived to be in
the view of a reasonable observer.

Section 2. behavior and conduct of judges must reaffirm to the people’s faith in the integrity of the
judiciary. Justice must not merely be done but must also be seen to be done.

Section 3. should take disciplinary measures against lawyers and court personnel for unprofessional
conduct.

Canon 3 – impartiality

- Is essential to the proper discharge of the judicial office. Applies not only to the decision itself
but also to the process by which the decision is made.

Section 1. judges shall perform their judicial duties without favor, bias, or prejudice.

Section 2. ensure his conduct, both in and out of court, maintains and enhance the confidence of
the public, the profession and litigants in the impartiality of the judge and of the judiciary.

Section 4. shall not make any comment that might reasonably be expected to affect the outcome of
such proceeding or impair the manifest of fairness of the process. Nor judges shall make any
comment in public or otherwise that might affect the fair trial of any person or issue.

Section 5. disqualify themselves in which they are unable to decide the matter impartially. Such
proceedings include but not limited to instances where:

1. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
2. The judge previously serve as a lawyer or was a material witness in the matter in controversy;
3. The judge, or a member of his family, has an economic interest in the outcome of the matter in
controversy;
4. The judge ruling in lower court is subject to review;
5. The judge is related by consanguinity or affinity to a party litigant with the sixth civil degree or to
counsel within 4th civil degree;
Section 6. if the parties and lawyers, all agree in writing for the reason of inhibition is immaterial or
unsubstantial, the judge may then participate in the proceeding

Canon 4 - Propriety

Propriety and the appearance of propriety are essential to the performance of all the activities of a
judge.

Section 1. judges shall avoid impropriety and the appearance of impropriety in all of their activities.

Section 2. judges shall conduct themselves in a way that is consistent with the dignity of the judicial
office.

Section 3. judges, in their personal relations with individual members of the legal profession who
practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or
appearance of favoritism or partiality.

Section 4. shall not participate in determination of a case which a family member is a party litigant

Section 5. shall not allow the use of their residence by a member of the legal profession to receive
clients of the latter or of other members of the legal profession.

Section 6. Entitled of freedom of expression, but in exercising such rights, conduct themselves in
such a manner as to preserve the dignity of the judicial officeand impartiality and independence of
the judiciary.

Section 7. inform themselves about their personal financial fiduciary interest as well as of their
mambers.

Section 9. confidential information shall not used or disclosed

Section 10. judges may write, lecture or teach and participate in activities concerning law. Appear in
public hearing before an official body. Engage in other activities.

Section 11. judges shall not practice law whilst the holder of judicial office.

Section 13. shall not accept gift, bequest, loan, or favor.

Section 14. may receive token provided not reasonable be perceived as intended to influence the
judge in the performance of judicial duties or otherwise give rise to an appearance of partiality.

Canon 5 – Equality

Section 1. judges shall be aware of, and understand, diversity in society and differences arising from
various sources. (sex, race, color etc,).

Section 2. shall not in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or groups on irrelevant grounds.
Canon 6 – Competence and Diligence

-are pre-requisites to the due performance of judicial office.

Section 1. judicial duties of judge shall take precedence over all other activities.

- Judges shall devote their professional activity to judicial duties.

- Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal
qualities
- Keep themselves informed about relevant development of international law
- Shall perform all judicial duties. (delivery, efficiently, fairly and reasonable promptness or
reserved decisions)
- Maintain order and decorum in all proceedings.
- Shall not engage in conduct incompatible with the diligent discharge of judicial duties.