LEGAL ETHICS FIRST ASSIGNMENT

Justice Cosico

1. Define Legal Ethics

- The branch of moral science which treats of the duties which a member of the legal profession owes to the
public, to the court, to his professional brethren, and to his client.

2. What are the 7 rules which govern the ethical behavior of a lawyer?
1. Philippine Constitution
2. Rules of Court
3. Civil Code
4. Special Statutes
5. Code of Professional Responsibility
6. New Code of Judicial Conduct
7. Supreme Court decisions

3. Why is the legal profession not a trade or business?

- The practice of law is a profession and not a business. Lawyers should not advertise their talents as merchants
advertise their wares.

4. What is ‘ambulance chasing’?

- The solicitation of almost any kind of legal business by an attorney, personally or through an agent, in order to
gain employment.

5. Who may practice law in the Philippines?

- Any person duly admitted as a member of the bar in accordance with procedural law and who is in good and
regular standing.

6. Define practice of law.

- Any activity, in or out of court, which requires the application of law or procedure.
- Examples: appearance in court or any tribunal, legal counseling or giving legal advice, and drafting legal
documents

7. What are the requirements for admission to the bar?

1. Citizen of the Philippines
2. At least 21 years of age
3. Of good moral character
4. Resident of the Philippines
5. Must produce before the Supreme Court satisfactory evidence of good moral character
6. No charges against him, involving moral turpitude, having been filed or are pending in any court in the
Philippines

8. May the legislature enact a law that will control the Supreme Court in the performance of its function to decide
who may enjoy the privilege of practicing law?
 - No, the legislature may not pass a law that will control the Supreme Court in the performance of its function
to decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional as an
invalid exercise of legislative power.

9. What is the effect of loss of Filipino citizenship on the privilege to practice law in the Philippines?
- The loss of Filipino citizenship ipso jure (by the law itself) terminates the privilege to practice law in the
Philippines.

10. Are foreigners allowed to practice law in the Philippines?

- Foreigners are denied of the privilege to practice law in the Philippines except when the Filipino citizenship is
lost by reason of naturalization as a citizen of another country but is subsequently reacquired pursuant to R.A.
9225.

11. What is the effect of reacquisition of Philippine citizenship under R.A. 9225 on the privilege to practice law?
- A Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine
citizenship if he reacquired it in accordance with R.A. 9225.

12. Is there an automatic right to resume law practice after reacquisition of Philippine citizenship?
- Although the lawyer is deemed never to have terminated his membership in the Philippine bar, no automatic
right to resume law practice accrues.

13. What requirements must be complied with in order to resume the practice of law?
1. The updating and payment in full of annual membership dues in the IBP; payment of professional tax;
2. Completion of at least 36 credit hours of mandatory continuing legal education
3. Retaking of the Lawyer’s Oath

14. In general, who can appear and handle cases in court?

- Only those who are licensed to practice law.

What are the 7 exceptions?

1. Before the MTC, a party may conduct his case in person with the aid of an agent or friend appointed by him for
that purpose or with aid of an attorney; (Sec. 34, Rule 138)
2. Before any other court, a party may conduct his litigation personally but if he gets someone to aid him, that
someone must be an authorized member of the bar; (Sec, 34)
3. In a criminal case before the MTC-In a locality where a duly licensed member of the bar is not available, the
judge may appoint a non-lawyer who is:
a. Resident of that province;
b. Of good repute for probity and ability to defend the accused. (Sec. 7, Rule 116, Rules of Court)
4. Student Practice Rule- A law student who has successfully completed his 3rd year of the regular 4-year
prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education program
approved by the Supreme Court may appear, without compensation, in any civil, criminal, or administrative
case before any trial court, tribunal, board, or officer, to represent indigent clients accepted by the Legal Clinic
of the law school (Sec. 1, Rule 138-A).
5. Before the NLRC- Non-lawyers may appear before the NLRC or any labor Arbiter of they:
a. Represent themselves
b. Represent their organization or member thereof (Art. 222, PD 442, Labor Code).
 6. Before a Cadastral Court- A non-lawyer may represent a claimant before the Cadastral Court 9 Sec. 9, Act No.
2259).
7. Any official or other person appointed or designated in accordance with law to appear for the Government of
the Philippines or any of its officials (Sec. 33, Rule 138, Rules of Court).

15. Can a corporation practice law?

- No, a corporation cannot practice law directly or indirectly by employing a lawyer to practice for it or to
appear for others for its benefit.

16. Who are the public officials who cannot practice law in the Philippines?
1. Judges and other officials or employees of the superior court (Sec. 35, Rule 138, Rules of Court);
2. Officials or employees of the Office of the Solicitor General (Sec. 35);
3. Government prosecutors;
4. President, Vice-President, members of the Cabinet, and their deputies and assistants (Sec. 13, Art. VII,
Constitution of the Philippines);
5. Chairmen and members of the Constitutional Commissions (Sec. 2, Art. IX, Constitution of the Philippines);
6. Ombudsman and his deputies;
7. Governors, city and municipal mayors;
8. Those who by special law, are prohibited from engaging in the practice of their legal profession.

17. Who are the public officials who have restrictions in the practice of law?
1. Senators and members of the House of Representatives (Sec. 14, Art. VI, Constitution);
2. Sanggunian members;
3. Retired justice of judge (within one year from the date of retirement. The magistrate cannot practice law
in the particular court where he performed his judicial duties); and
4. Civil service officers or employees without permit from their respective department heads.

18. What are the restrictions in the practice of law on members of the legislature?
1. A lawyer-member of the legislature is prohibited from appearing as counsel before any courts of justice,
electoral tribunals or quasi-judicial and administrative bodies. The prohibition includes the mere filing of a
motion or any pleading.
2. Neither can he allow his name to appear in such pleading by itself or as part of a firm name under the
signature of another qualified lawyer because the signature of an agent amounts to a signing of a non-
qualified senator or congressman, the office of an attorney being originally of agency and because he will,
by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional
restriction.

19. What are the restrictions in the practice of law by Sanggunian members?
- Under the Local Government Code, Sanggunian members shall not:
1. Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency or instrumentality of the government is the adverse party;
2. Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency or instrumentality of the government is the adverse party;
3. Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency or instrumentality of the government is the adverse party; and
 4. Use property and personnel of the government except when the Sanggunian member concerned is
defending the interest of the government.

20. Is a Punong Barangay forbidden to practice his profession?

- No, a Punong Barangay is not forbidden to practice his profession.

Is prior authorization required from the Head of Government?

- Yes, he should procure prior authorization from the head of his department, as required by civil service
regulations.

21. What are the restrictions in the practice of law by retired justices and judges?
- As a condition of the pension provided under R.A. 910, no retiring justice or judge of a court of record or any
city or municipal judge during the time that he is receiving said pension shall appear as counsel before any
court in:
1. Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse
party;
2. Any criminal case wherein an officer or an employee of the government is accused of an offense
committed in relation to his office; or
3. Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse
to the government, provincial or municipal, or to any of its legally constituted officers. (Sec. 1, R.A. No.
910)

22. What is the rule in the handling of civil cases?

- In civil cases, an individual litigant has the right to handle his case personally.

23. If the accused is charged with an offense punishable by imprisonment not exceeding 30 days, is he allowed to
defend himself? If he is charged with an offense punishable by more than 6 months of imprisonment, is he
allowed not to be defended by counsel?
- Yes, if the accused is charged with an offense punishable by imprisonment not exceeding 30 days, he is
allowed to defend himself. No, if he is charged with an offense punishable by more than 6 months of
imprisonment, he must be defended by counsel

24. What is the rule when the accused is charged with grave and less grave offenses?
- In grave and less grave offenses, the accused must always appear by counsel. He cannot conduct his own
defense, as his right to counsel may not be waived without violating his right to due process of law.

25. What are the four-fold duties of lawyers?

- Lawyers, in accordance with the values and norms of the legal profession, must perform their 4-fold duties to:
1. Society;
2. The Legal Profession;
3. The Courts; and
4. Their clients
 LEGAL ETHICS SECOND ASSIGNMENT
Justice Cosico

1. When was the Code of Professional Responsibility promulgated by the Supreme Court?
- June 21, 1988.

2. What was violated by a lawyer who engaged in forum shopping? (Teodoro III v. Gonzales)
- Atty. Romeo S. Gonzales III violated Canon 1 of the Code of Professional Responsibility:
Canon 1—A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and
legal processes.
- Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
- Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.
- Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or
delay any man's cause.
- Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a
fair settlement.
*Forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either
simultaneously or successively, for the purpose of obtaining a favorable judgment. (Suan v. Gonzales)

3. An applicant for a lotto outlet in Metro Manila sought the help of a PCSO lawyer. Because of the assistance
extended by the PCSO lawyer, the lotto applicant succeeded in establishing a lotto outlet in Las Pinas City. After
the retirement of the PCSO lawyer, he was offered the position of consultant by the owner of the lotto outlet
by showing the latter’s gratitude to the PCSO lawyer. Would it be proper for the PCSO lawyer to accept the
position of consultant?
- No, it would not be proper for the PCSO Lawyer to accept the position of consultant. PCSO is a government-
owned and controlled corporation (GOCC). According to Canon 6, Rule 6.03 of the Code of Professional
Responsibility, 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.

4. What is the MCLE (Mandatory Continuing Legal Education) requirement of members of the IBP?
- Unless exempted under Rule 7, IBP members shall complete at least 36 hours of continuing legal education
activities every 3 years.

5. Who are the parties exempted from the MCLE?

1. President, Vice-President, and the secretaries and undersecretaries of executive departments
2. Senators and members of the House of Representatives
3. Chief Justice and Associate Justices of the Supreme Court, incumbent and retired justices of the judiciary,
incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy Program of Continuing Legal Education
4. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice
5. Solicitor General and the Assistant Solicitor General
6. Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel
7. Chairman and members of the Constitutional Commissions
8. Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman, and the Special Prosecutor of the Office
of the Ombudsman
 9. Heads of government agencies exercising quasi-judicial functions
10. Incumbent deans, bar reviewers, and professors of law who have teaching experience for at least 10 years
in accredited law schools
11. Chancellor, Vice-Chancellor, and members of the Corps of Professional Lecturers of Philippine Judicial
Academy
12. Governors and mayors

6. Who are the other parties exempted from the MCLE?

1. Those who are not in law practice, private and public.
2. Those who have retired from the practice with the approval of the IBP Board of Governors.

7. What is the consequence if a member of the IBP (Integrated Bar of the Philippines) fails to comply with the
MCLE requirement?
- A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent
member by the IBP Board of Governors upon recommendation of the Committee on MCLE.

8. A practicing lawyer was appointed by the Presiding Judge of the RTC as counsel de oficio. May the appointed
counsel refuse to accept his appointment as counsel de oficio on the ground that he believes after a conference
with the accused that the latter is guilty of the crime charged against him?
- If a lawyer is appointed as counsel de oficio to defend the accused, he may not decline to do so even if he
believes the accused is guilty.
Rule no. 138, Sec. 20 of the Rules of Court
Duties of attorneys. — It is the duty of an attorney:
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.
*Counsel de oficio is a lawyer appointed by the court to defend an accused who cannot afford to hire the
services of counsel.

9. What are the grounds for disciplinary action under Section 27, Rule 138 of the Rules of Court?
- A lawyer may be suspended or disbarred from the practice of law for any of the following grounds:
1. Deceit
2. Malpractice
3. Gross misconduct in office
4. Conviction of a crime involving moral turpitude
5. Grossly immoral conduct
6. Violation of the lawyer’s oath
7. Willful disobedience to lawful order of the court
8. Corruptly appearing as lawyer for a party without authority to do so
9. Solicitation of cases at law for the purpose of gain either personally or through paid agents or bankers)

10. What are the other statutory grounds?

a. Acquisition of an interest in the subject matter of the litigation, either through purchase or assignment
(Article 1491, Civil Code).
 b. Breach of professional duty, inexcusable negligence or ignorance, or for the revelation of the client’s
secrets (Article 209, Revised Penal Code).
c. Representing conflicting interests (Article 209, Revised Penal Code)

11. What is the quantum of proof in administrative cases against lawyers? (Solidon v. Macalalad)
- The quantum of proof required is preponderance of evidence which the complainant has the burden to
discharge.

12. What is the effect of the complainant’s affidavit of desistance? (Ventura v. Samson)?
- The fact that complainant filed an Affidavit of Desistance during the pendency of this case is of no moment or
no significance. Atty. Samson’s Affidavit of Desistance cannot have the effect of abating the instant
proceedings in view of the public service character of the practice of law and the nature of disbarment
proceedings as a public interest concern. A case of suspension or disbarment is sui generis (of its own kind)
and not meant to grant relief to a complainant as in a civil case, but is intended to cleanse the ranks of the
legal profession of its undesirable members in order to protect the public and the courts. A disbarment case is
not an investigation into the acts of respondent but on his conduct as an officer of the court and his fitness to
continue as a member of the Bar.

13. The general rule is that the negligence of counsel binds the client. Give one exception. (Cariaga v. People)
- An exception would be in criminal cases wherein reckless or gross negligence of counsel deprives the client of
due process of law; when its application will result in outright deprivation of the clients liberty or property; or
where the interests of justice so require.

14. Give other exceptions. (Mortel v. Kerr; Urma v. Beltran)

- The Supreme Court held the client not concluded by the negligence, incompetence or mistake of the counsel
in the following rulings mentioned in Mortel v. Kerr:
1. In Suarez v. Court of Appeals, the Court set aside the judgment and mandated the trial court to reopen
the case for the reception of the evidence for the defense after finding that the negligence of the
therein petitioner’s counsel had deprived her of the right to present and prove her defense.
2. In Legarda v. Court of Appeals, the Court ordered restored to the petitioner her property that had
been sold at public auction in satisfaction of a default judgment resulting from the failure of her counsel
to file an answer and from counsel’s lack of vigilance in protecting her interests in subsequent
proceedings before the trial court and the CA.
3. In Amil v. Court of Appeals, the Court declared that an exception to the rule that a client is bound by
the mistakes of his counsel is when the negligence of the counsel is so gross that the client was deprived
of his day in court, thereby also depriving the client of his property without due process of
law.Limitation: The general rule is that a Notary Public shall not perform a notarial act outside his
jurisdiction and his regular place of work or business.
- In Urma v. Beltran:
The negligence of a counsel in the area of procedural technique binds the client except when such
mistake or negligence of counsel is so gross or palpable that would require the courts to step in and accord
relief to the client who suffered thereby.

15. What is the offense committed by a lawyer who deliberately failed to pay just debts and issued worthless
checks? (A-1 Financial Services, Inc. v. Valerio)
- Gross misconduct. Sanction for gross misconduct is 1 year; Atty. Valerio was suspended for 2 years from the
practice of law because aside from issuing worthless checks and failing to pay her debts, she has also shown
wanton disregard of the orders issued by the Court and IBP.
 LEGAL ETHICS THIRD ASSIGNMENT
Justice Cosico

1. What is the effect of complainant’s affidavit of desistance in the proceedings of the case? (Ventura v. Samson)
- Complainant’s Affidavit of Desistance cannot have the effect of abating the instant proceedings in view of the
public service character of the practice of law and the nature of disbarment proceedings as a public interest
concern.

2. Define the IBP and state the primary purpose of its existence.
- The Integrated Bar of the Philippines is an official unification of the entire lawyer population. (Re: Letter of
Atty. Cecilio Y. Arevalo, Jr.) in order that all persons admitted to the practice of law shall comply with their
duties under their oath. Membership in the IBP is mandatory.

3. In general, what are the objectives of the IBP?

1. To elevate the standards of the legal profession;
2. To improve the administration of justice; and
3. To enable the bar to discharge its public responsibility more effectively.

4. What is the term of office and state the qualifications to be elected or appointed to any position in the IBP.
- 2 years
- Lawyers holding an elective, judicial, quasi-judicial or prosecutor office in the Government or any political
subdivision or instrumentality thereof are not qualified for election or appointment in any position in the IBP
or any chapter thereof.

5. State in full the Rule which provides in part that a lawyer shall not knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which as has not been proved (Rule
10.02)
- A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument
of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

6. Under Rule 12.08, “A lawyer shall avoid testifying in behalf of his client…” What are the exceptions?
a. on formal matters, such as the mailing, authentication or custody of an instrument and the like; or
b. on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he
must, during his testimony, entrust the trial of the case to another counsel.

7. What is the essence of forum shopping? (Suan v. Gonzales)

- the filing of multiple suits involving the same parties, for the same cause of action, either simultaneously or
successively, for the purpose of obtaining a favorable judgment

8. Cite the ruling of the Supreme Court that “a lawyer shall not knowingly misquote or misrepresent the contents
of a paper” etc. (Dipad v. Olivan)
- A lawyer shall not knowingly misquote or misrepresent the contents of a paper; the language or the argument
of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact and which has not been proved.
9. The respondent lawyer attempted to bribe a judge to get a favorable decision for his client. He visited the
judge’s office several times and persistently called his residence to convince him to inhibit from his client’s case.
What Canon of the CPR was violated by the respondent lawyer?
- Canon 13 – the rule that instructs lawyers to refrain from any impropriety tending to influence, or from any
act giving the appearance of influencing, the Court. (Bildner v. Ilusorio)

10. Define counsel de oficio

- a lawyer appointed by the court to defend an accused who cannot afford to hire the services of counsel

11. Define Notary Public

- a person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to
render them available as evidence of facts stated therein and who is authorized by the statute to administer
various oaths (Rules on Notarial Practice of 2004)

12. What are the qualifications of a notary public?

1. He must be a citizen of the Philippines;
2. He must be over 21 years of age;
3. A resident in the Philippines for at least 1 year and maintains a regular place of work or business in the
city or province where the commission is to be issued;
4. A member of the Philippine bar in good standing with clearances from the Office of the Bar Confidant of
the Supreme Court and the IBP; and
5. Must not have been convicted in the first instance of any crime involving moral turpitude.

13. What is the jurisdiction and term of a notary public?

- A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning
court for a period of 2 years starting from the 1 st day of January of the year in which the commissioning is
made unless earlier revoked or the Notary Public has resigned according to these Rules (2004 Rules on
Notarial Practice) and the Rules of Court.

14. What are the powers and limitations of a notary public?

- A notary public is empowered to do the following acts:
1. Jurats
2. Acknowledgements
3. Oaths and Affirmations
4. Signature witnessing
5. Any other act authorized by these Rules (2004 Rules on Notarial Practice)
6. Copy Certifications
- Limitation: The general rule is that a Notary Public shall not perform a notarial act outside his jurisdiction and
his regular place of work or business.

15. What are the instances when a notary public shall not perform a notarial act?
1. The person involved as a signatory to the instrument or document:
a. Is not in the notary’s presence at the time of the notarization; and
b. Is not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules.
 2. The certification contains an information known or believed to be false;
3. The notarial certificate is incomplete.

16. What are the instances when a notary public is disqualified from performing a notarial act?
- If he:
1. Is a party to the instrument;
2. Will receive, as a direct or indirect result, any commission fee, advantage, right, title, interest, cash,
property, or other consideration, except as provided by these Rules and by law;
3. Is a spouse, common-law partner, ancestor, descendant or relative by affinity or consanguinity of the
principal within the fourth civil degree.

17. What are the instances when a notary public may refuse to notarize even if the appropriate fee is tendered?
1. When the notary public knows or has good reason to believe that the notarial act or transaction is
unlawful or immoral;
2. When the signatory shows a demeanor which engenders in the mind of the notary public reasonable
doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act;
3. If in the notary’s judgment, the signatory is not acting in his/her own free will;
4. If the document or instrument to be notarized is considered as an improper document by these Rules.
*Improper document – a blank or incomplete instrument or document without appropriate notarial
certification

18. When may the Executive Judge revoke the commission of or impose sanctions upon any notary public?
- The Executive Judge shall revoke a commission for any ground which an application for commission may be
denied.
- In addition, he may revoke the commission of or impose sanctions upon, any notary public who:
1. Who fails to keep a notarial register;
2. Fails make the appropriate entry or entries in his notarial register concerning his notarial acts;
3. Fails to send the copy of the entries to the Executive Judge within the first 10 days of the month
following;
4. Fails to affix to acknowledgments the date of expiration of his commission;
5. Fails to submit his notarial register, when filed, to the Executive Judge;
6. Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
7. Fails to require the presence of the principal at the time of the notarial act;
8. Fails to identify the principal on the basis of personal knowledge or competent evidence;
9. Executes a false or incomplete certificate under Sec. 5, Rule IV;
10. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
11. Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good
cause for the revocation of the commission or imposition of administrative sanction.

19. When may the Executive Judge cause the prosecution of any person?
- When that person:
1. Knowingly acts or otherwise impersonates a notary public;
2. Knowingly obtains conceals, defaces or destroys the seal, notarial register, or official records of any
notary public;
3. Knowingly solicits, coerces, or in any way influences a notary public to commit an official misconduct.
20. Define amicus curiae
- an experienced and impartial lawyer invited by the court to appear and help in the disposition of the issues
submitted to it
- appears in court not to represent any particular party but only to assist the court

21. Define amicus curiae par excellence

- a bar association who appears in court as a friend of the court. It acts merely as a consultant to guide the
court in a doubtful question or issue pending before it

22. Define of counsel

- an experienced lawyer, usually a retired Justice of the Supreme Court or Court of Appeals, employed by law
firms as consultants

23. Define pro se

- an appearance by a lawyer in his own behalf