Professional Documents
Culture Documents
Legal Ethics Cases
Legal Ethics Cases
Facts:
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
Chairman of the COMELEC.
Petitioner opposed the nomination because allegedly Monsod does not possess the required
qualification of having been engaged in the practice of law for at least ten years.
The Commission on Appointments confirmed the nomination of Monsod as Chairman of the
COMELEC.
Challenging the validity of the confirmation by the Commission on Appointments of Monsod's
nomination, petitioner, filed petition for certiorari and Prohibition praying that said confirmation and
the consequent appointment of Monsod as Chairman of the Commission on Elections be declared
null and void.
Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then
worked for an investment bank till 1986, became member of the CONCOM in 1986, and also
became a member of the Davide Commission in 1990.
Issue:
Whether or not Monsod has been engaged in the practice of law for 10 years.
Held:
Yes. Monsod has been engaged in the practice of law for at least ten years.
Practice of Law, Concept
Black's Law Dictionary
The rendition of services requiring the knowledge and the application of legal principles and
technique to serve the interest of another with his consent. It is not limited to appearing in
court, or advising and assisting in the conduct of litigation, but embraces the preparation of
pleadings, and other papers incident to actions and special proceedings, conveyancing, the
preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It
embraces all advice to clients and all actions taken for them in matters connected with the
law. An attorney engages in the practice of law by maintaining an office where he is held out
to be-an attorney, using a letterhead describing himself as an attorney, counseling clients in
legal matters, negotiating with opposing counsel about pending litigation, and fixing and
collecting fees for services rendered by his associate.
Philippine Lawyers Association v.Agrava, (105 Phil. 173,176-177)
The practice of law is not limited to the conduct of cases or litigation in court; it embraces the
preparation of pleadings and other papers incident to actions and special proceedings, the
management of such actions and proceedings on behalf of clients before judges and courts,
and in addition, conveying. In general, all advice to clients, and all action taken for them in
matters connected with the law incorporation services, assessment and condemnation
services contemplating an appearance before a judicial body, the foreclosure of a mortgage,
enforcement of a creditor's claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters of estate and guardianship have been held to
constitute law practice, as do the preparation and drafting of legal instruments, where the
work done involves the determination by the trained legal mind of the legal effect of facts and
conditions.
Pr
actice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. "To engage in the practice of law is to perform those
acts which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill."
Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and
the poor verily more than satisfy the constitutional requirement that he has been engaged in
the practice of law for at least ten years.
Facts:
The complainant in this case was represented by City Attorney Ariston Fule, having entered his
appearance as private prosecutor, after securing the permission of the Secretary of Justice. The
condition of his appearance, was that every time he would appear at the trial of the case, he would
be considered on official leave of absence, and that he would not receive any payment for his
services. The appearance of City Attorney Fule as private prosecutor was questioned by the counsel
for the accused, invoking the case of Aquino, et al. vs. Blanco, et al.,
L-1532, Nov. 28, 1947, wherein it was ruled that "when an attorney had been appointed to the
position of Assistant Provincial Fiscal or City Fiscal and therein qualified, by operation of law, he
ceased to engage in private law practice." Counsel then argued that the Justice of the Peace (JP)
Court in entertaining the appearance of City Attorney Fule in the case is a violation of the above
ruling. Notwithstanding, the JP issued an order sustaining the legality of the appearance of City
Attorney Fule.
Counsel for the accused presented a "Motion to Inhibit Fiscal Fule from Acting as Private Prosecutor
in this Case," this time invoking Section 32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court,
which bars certain attorneys from practicing. He claims that City Attorney Fule, in appearing as
private prosecutor in the case was engaging in private practice. The JP Court ruled on the motion by
upholding the right of Fule to appear and further stating that he (Fule) was not actually enagaged in
private law practice.
On appeal, the CFI held that Asst. City Attorney Ariston D. Fule may appear before the Justice of the
Peace Court of Alaminos, Laguna as private prosecutor in this criminal case as an agent or a friend
of the offended party.
Issue:
WON the isolated appearance of City Attorney Fule constituted private practice.
Held:
No. We believe that the isolated appearance of City Attorney Fule did not constitute private practice
within the meaning and contemplation of the Rules. Practice is more than an isolated appearance,
for it consists in frequent or customary actions, a succession of acts of the same kind. In other
words, it is frequent habitual exercise. Practice of law to fall within the prohibition of statute has
been interpreted as customarily or habitually holding one's self out to the public, as
customarily and demanding payment for such services. The appearance as counsel on one
occasion is not conclusive as determinative of engagement in the private practice of law.
The word private practice of law implies that one must have presented himself to be in the active and
continued practice of the legal profession and that his professional services are available to the
public for a compensation, as a source of his livelihood or in consideration of his said services.
Facts:
Petitioner prayed that respondent Clinic be enjoined from making advertisements pertaining to the
exercise of the law profession other than those allowed by law.
Respondent asserts that it "is not engaged in the practice of law but engaged in giving legal support
services to lawyers and laymen, through experienced paralegals, with the use of modern computers
and electronic machines".
A perusal of the questioned advertisements of Respondent, however, seems to give the impression
that information regarding validity of marriages, divorce, annulment of marriage, immigration, visa
extensions, declaration of absence, adoption and foreign investment, which are in essence, legal
matters , will be given to them if they avail of its services. The Respondent's name The Legal
Clinic, Inc. does not help matters. It gives the impression again that Respondent will or can cure
the legal problems brought to them. Assuming that Respondent is, as claimed, staffed purely by
paralegals, it also gives the misleading impression that there are lawyers involved in The Legal
Clinic, Inc., as there are doctors in any medical clinic, when only "paralegals" are involved in The
Legal Clinic, Inc.
Issue:
WON activities of respondent Legal Clinic, as advertised, constitute "practice of law."
Held:
Yes. The contention of respondent that it merely offers legal support services can neither be
seriously considered nor sustained. The use of the name "The Legal Clinic, Inc." gives the
impression that respondent corporation is being operated by lawyers and that it renders legal
services.
While the respondent repeatedly denies that it offers legal services to the public, the advertisements
in question give the impression that respondent is offering legal services.
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedures, knowledge, training and experience. To engage in the practice of law is to perform those
acts which are characteristic of the profession. Generally, to practice law is to give advice or render
any kind of service that involves legal knowledge or skill.
The practice of law is not limited to the conduct of cases in court. It includes legal advice and
counsel, and the preparation of legal instruments and contract by which legal rights are secured,
although such matter may or may not be pending in a court.
In the practice of his profession, a licensed attorney at law generally engages in three principal types
of professional activity: legal advice and instructions to clients to inform them of their rights and
obligations, preparation for clients of documents requiring knowledge of legal principles not
possessed by ordinary layman, and appearance for clients before public tribunals which possess
power and authority to determine rights of life, liberty, and property according to law, in order to
assist in proper interpretation and enforcement of law.
When a person participates in a trial and advertises himself as a lawyer, he is in the practice of
law. 15 One who confers with clients, advises them as to their legal rights and then takes the business to
an attorney and asks the latter to look after the case in court, is also practicing law. 16 Giving advice for
compensation regarding the legal status and rights of another and the conduct with respect thereto
constitutes a practice of law. 17 One who renders an opinion as to the proper interpretation of a statute,
and receives pay for it, is, to that extent, practicing law.
It should be noted that in our jurisdiction the services being offered by private respondent which
constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions of the Rules of
Court, and who is in good and regular standing, is entitled to practice law. 23
Public policy requires that the practice of law be limited to those individuals found duly qualified in
education and character. The permissive right conferred on the lawyers is an individual and limited
privilege subject to withdrawal if he fails to maintain proper standards of moral and professional
conduct. The purpose is to protect the public, the court, the client and the bar from the incompetence
or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the
court.
The practice of law is not a lawful business except for members of the bar who have complied
with all the conditions required by statute and the rules of court. Only those persons are allowed
to practice law who, by reason of attainments previously acquired through education and study,
have been recognized by the courts as possessing profound knowledge of legal science
entitling them to advise, counsel with, protect, or defend the rights claims, or liabilities of their
clients, with respect to the construction, interpretation, operation and effect of law.
Q: When can it be said that a person engaged in a lawful calling (which may involve knowledge of
the law) is not engaged in the practice of law?
A: it can be said that a person engaged in a lawful calling (which may involve knowledge of the law)
is not engaged in the practice of law provided that:
(a) The legal question is subordinate and incidental to a major non-legal problem;.
(b) The services performed are not customarily reserved to members of the bar; .
(c) No separate fee is charged for the legal advice or information.
All these must be considered in relation to the work for any particular client as a whole.
4. A.C. No. 7902
Facts:
Respondent Marcial A. Edillon was disbarred on August 3, 1978 for 'stubborn refusal to pay his
membership dues' to the IBP since the latter's constitution notwithstanding due notice. He had
repeatedly pleaded that he be reinstated. Since the disbarment, however, there were other
communications to this Court where a different attitude on his part was discernible. The tone of
defiance was gone and circumstances of a mitigating character invoked the state of his health and his
advanced age. He likewise spoke of the welfare of former clients who still rely on him for counsel, their
confidence apparently undiminished. For he had in his career been a valiant, if at times unreasonable,
defender of the causes entrusted to him. This Court, in the light of the above, felt that reinstatement
could be ordered and so it did.
Issue: WON the reinstatement of Edillon is justifiable.
Held:
Yes. In the case of the inherent power to punish for contempt and paraphrasing the dictum
of Justice Malcolm in Villavicencio v. Lukban, 10 the power to discipline, especially if amounting to
disbarment, should be exercised on the preservative and not on the vindictive principle.11
It has been pertinently observed that there is no irretrievable finality as far as admission to the bar is
concerned. So it is likewise as to loss of membership. What must ever be borne in mind is that
membership in the bar, to follow Cardozo, is a privilege burdened with conditions. Failure to abide by
any of them entails the loss of such privilege if the gravity thereof warrant such drastic move.
Thereafter a sufficient time having elapsed and after actuations evidencing that there was due
contrition on the part of the transgressor, he may once again be considered for the restoration of
such a privilege.
6. G.R. No. L-38974 March 25, 1975
OMICO MINING AND INDUSTRIAL CORPORATION and FREDERICK G. WEBBER, petitioners,
vs.
JUDGE AMADOR T. VALLEJOS, in his capacity as Judge of the Court of First Instance of
Cavite, ALFREDO CATOLICO, and LEONARDO ALCID, in his capacity as City Sheriff of
Manila, respondents.
Facts:
Petitioners Omico Corp and Webber entered into a contract of personal and professional services
with Judge Catolico, then a judge of the Court of First Instance of Cavite, under the terms of which
he was to head defendant corporation's legal department with the condition that he should render
such services only after his office hours, "even into the dead wee hours of the night and wherever
such services would not run in conflict with his duties as Judge". Petitioners contended that the
contract is illegal, void and unenforceable, plaintiff being a judge of the Court of First Instance who is
prohibited by Section 35 of Rule 138 of the Revised Rules of Court from engaging in private practice
as a member of the Bar.
Issue:
WON contract of professional services entered into between Judge Catolico and the petitioners,
while the former was still a judge of the Court of First Instance, constituted private practice of law;
hence, a void contract.
Held:
Yes. The contract of professional services entered into between private respondent and the
petitioners, while the former was still a judge of the Court of First Instance, constituted private
practice of law and in contravention of the express provision of Section 35 of Rule 138 of the
Revised Rules of Court. The aforecited Rule was promulgated by this Court, pursuant to its
constitutional power to regulate the practice of law. It is based on sound reasons of public policy, for
there is no question that the rights, duties, privileges and functions of the office of an attorney-at-law
are so inherently incompatible with the high official functions, duties, powers, discretions and
privileges of a judge of the Court of First Instance. 24 This inhibitory rule makes it obligatory upon the
judicial officers concerned to give their full time and attention to their judicial duties, prevent them from
extending special favors to their own private interests and assure the public of their impartiality in the
performance of their functions. These objectives are dictated by a sense of moral decency and the desire
to promote the public interest.
Private respondent should have known or ought to know, that when he was elevated to the Bench of
the Court of First Instance as a judge thereof, his right to practice law as an attorney was suspended
and continued to be suspended as long as he occupied the judicial position. 25
It is evident, therefore, that the aforesaid contract is void because a contract, whose cause, object or
purpose is contrary to law, morals, good customs, public order or public policy, is considered
inexistent and void from the beginning.
7. .M. No. 2266 October 27, 1983
HERMINIO R. NORIEGA, complainant,
vs.
ATTY. EMMANUEL R. SISON, respondent.
Facts:
This is a complaint for disbarment filed by. Noriega against Atty. Sison on the ground of malpractice
through gross misrepresentation and falsification. Complainant Noriega alleges that respondent
Sison is a regular and permanent employee of the Securities and Exchange Commission (SEC) as a
Hearing Officer and as such, "is mandated to observe strictly the civil service rules and regulations,
more particularly ... the prohibition of government employees to practice their professions"; that to
circumvent the prohibition and to evade the law, respondent assumed a different name, falsified his
Identity. In his answer, respondent claimed authorization given by the Associate Commissioner of
the SEC, for him to appear as counsel of a close family friend, in the Juvenile and Domestic
Relations Court (JDRC) of Manila. Respondent alleges that he never held himself out to the public
as a practicing lawyer and that he provided the legal services in view of close family friendship and
for free.
Issue:
WON Atty. Sison should be disbarred.
Held:
No. The SC held that the allegations in the complaint do not warrant disbarment of the respondent.
There is no evidence that the respondent has committed an act constituting deceit, immoral conduct,
violation of his oath as a lawyer, wilful disobedience of any lawful order of the court, or corruptly and
willfully appearing as an attorney to a part to a case without attorney to do so.
The degree of integrity and respectability attached to the law profession. There is no denying that
the profession of an attorney is required after a long and laborious study. By years of patience, zeal
and ability the attorney acquires a fixed means of support for himself and his family. This is not to
say, however, that the emphasis is on the pecuniary value of this profession but rather on the social
prestige and intellectual standing necessarily arising from and attached to the same by reason of the
fact that every attorney is deemed an officer of the court.
The profession of an Atty. is of great importance to an individual and the prosperity of his life may
depend on its exercise. The right to exercise it ought not to be lightly or capriciously taken from him.
On the other hand, it is extremely desirable that the respectability of the Bar should be maintained
and that its harmony with the bench should be preserved. For these objects, some controlling power,
some discretion ought to be exercised with great moderation and judgment, but it must be
exercised. 2
The purpose of disbarment, therefore, is not meant as a punishment depriving him of a source of
livelihood but is rather intended to protect the administration of justice by requiring that those who
exercise this function should be competent, honorable and reliable in order that the courts and
clients may rightly repose confidence in them.
In disbarment proceedings, the burden of proof rests upon the complainant, and for the court to
exercise its disciplinary powers, the case against the respondent must be established by clear,
convincing, and satisfactory proof. Considering the serious consequences of the disbarment or
suspension of a member of the Bar, this Court has consistently held that clear preponderant
evidence is necessary to justify the imposition of the administrative penalty.
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
SEC. 29. Upon suspension by Court of Appeals or Court of First Instance, further
proceedings in Supreme Court. Upon such suspension, the Court of Appeals or the
Court of First Instance forthwith transmit to the Supreme Court a certified copy of the
order of suspension and a full statement of the facts upon which the same was
based. Upon the receipt of such certified copy and statement, the Supreme Court
shall make full investigation of the facts involved and make such order revoking or
extending the suspension, or removing the attorney from his office as such, as the
facts warrant.
SEC. 30. Attorney to be heard before removal or suspension. No attorney shall be
removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.
It should be observed that proceedings for the disbarment of members of the bar are not in any
sense a civil action where there is a plaintiff and the respondent is a defendant. Disciplinary
proceedings involve no private interest and afford no redress for private grievance. They are
undertaken and prosecuted solely for the public welfare. They are undertaken for the purpose of
preserving courts of justice from the official ministration of persons unfit to practice in them. The
attorney is called to answer to the court for his conduct as an officer of the court. The complainant or
the person who called the attention of the court to the attorney's alleged misconduct is in no sense a
party, and has generally no interest in the outcome except as all good citizens may have in the
proper administration of justice. The court may therefore act upon its own motion and thus be the
initiator of the proceedings, because, obviously the court may investigate into the conduct of its own
officers. 1 Indeed it is not only the right but the duty of the Court to institute upon its own motion, proper
proceedings for the suspension or the disbarment of an attorney, when from information submitted to it or
of its own knowledge it appears that any attorney has so conducted himself in a case pending before said
court as to show that he is wanting in the proper measure of respect for the court of which he is an officer,
or is lacking in the good character essential to his continuance as an attorney. This is for the protection of
the general public and to promote the purity of the administration of justice.
Procedural due process requires that no attorney may be "removed or suspended from the practice
of his profession, until he has had full opportunity upon reasonable notice to answer the charges
against him, to produce witnesses in his own behalf, and to be heard by himself or counsel" (Sec.
30, Rule 138, Revised Rules of Court). 2
While the aforecited Sec. 30 of Rule 138 does not state what is a reasonable notice, Sec. 9 of Rule
139, of the Revised Rules, provides that as far as applicable, the procedure outlined by the
preceding actions of Rule 139 "shall govern the filing and investigation of complaints against
attorneys in the Court of Appeals or in Courts of First Instance." Section 2 of Rule 139, provides that
the respondent lawyer in disciplinary proceedings is granted 10 days from service of a copy of the
complaint within which to file his answer. It is desirable, therefore, that a similar period should be
granted by the Court of First Instance to attorneys charged before it, for the purpose of uniformity in
procedure. We find, however, that in the case at bar, petitioner not only failed to question as
unreasonable, the period granted to him by the court within which to answer the complaint, but
actually was not substantially prejudiced thereby as he filed his answer to the complaint within the
period of 72 hours from receipt thereof.
Petitioner claims that pursuant to Section 9 of Rule 139, which provides that as far as may be
applicable, the procedure for the investigation by the Solicitor General of complaints against lawyers
referred to said official by the Supreme Court shall govern the filing and investigation of complaints
against lawyers in the Court of Appeals and in Courts of First Instance, the Solicitor General, and not
respondent Judge, should be the one to conduct the present investigation. Sections 3 to 6 of Rule
139 are not applicable to the investigation of complaints against attorneys in the Court of Appeals
and in Courts of First Instance. The investigation by the Solicitor General in Section 3 of Rule 139
refers to complaints referred to said office by this Court and not to investigations in suspension
proceedings before the Court of Appeals or Courts of First Instance, because Sections 28 to 30 of
Rule 138 authorize said courts and confer upon them the power to conduct the investigation
themselves, subject to another and final investigation by the Supreme Court in the event of
suspension of the lawyer. On the basis of the certified copy of the order of suspension and the
statement of the facts upon which the same is based, required by Section 29 of Rule 138, the
Supreme Court "shall make full investigation of the facts involved and make such order revoking or
extending the suspension or removing the attorney from his office as such, as the facts warrant." In
other words, under such circumstances the intervention of the Solicitor General would, therefore, be
unnecessary.
9. Rudolph Schware v. Board of Bar Examiners, 353 U.S. 232 (1957)
Facts:
New Mexico has a system for the licensing of persons to practice law similar to that in effect in most
States. 1 A Board of Bar Examiners determines if candidates for admission to the bar have the
necessary qualifications. When the Board concludes that an applicant qualifies [353 U.S. 232, 234]
it recommends to the State Supreme Court that he be admitted. If the court accepts the
recommendation, the applicant is entitled to practice law upon taking an oath to support the
constitutions and laws of the United States and New Mexico. An applicant must pass a bar
examination before the Board will give him its recommendation. The Board can refuse to permit him
to take this examination unless he demonstrates that he has "good moral character."
In 1953 the Board of Bar Examiners of New Mexico refused to permit petitioner to take the bar
examination, on the ground that he had not shown "good moral character," and thereby precluded
his admission to the bar of that State. Petitioner was qualified in all other respects. Petitioner made a
strong showing of good moral character, except that it appeared that, from 1933 to 1937, he had
used certain aliases, that he had been arrested (but never tried or convicted) on several occasions
prior to 1940, and that, from 1932 to 1940, he was a member of the Communist Party.
Issue:
Whether petitioner, Rudolph Schware, be denied a license to practice law in New Mexico for not
showing good moral character.
Held:
No. (a) A State cannot exclude a person from the practice of law or from any other occupation in a
manner or for reasons that contravene the Due Process Clause of the Fourteenth Amendment. (b) A
State can require high standards of qualifications, such as good moral character or proficiency in its
law, before it admits an applicant to the bar; but any qualification must have a rational connection
with the applicant's fitness or capacity to practice law. (c) Even in applying permissible standards,
officers of the State cannot exclude an applicant when there is no basis for their finding that he fails
to meet these standards, or when their action is invidiously discriminatory. (d) Whether the practice
of law is a "right" or a "privilege" need not here be determined; it is not a matter of the State's grace,
and a person cannot be barred except for valid reasons. (e) Petitioner's use from 1934 to 1937 of
certain aliases, for purposes which were not wrong and not to cheat or defraud, does [353 U.S. 232,
233] not support an inference of bad moral character more than 20 years later. (f) The arrests of
petitioner are insufficient to support a finding that he had bad moral character at the time he applied
to take the bar examination. (g) Petitioner's membership in the Communist Party from 1932 to 1940
does not justify an inference that he presently has bad moral character. (h) The use of aliases, the
arrests, and former membership in the Communist Party do not in combination warrant exclusion of
petitioner from the practice of law. (i) In the light of petitioner's forceful showing of good moral
character, the evidence upon which the State relies cannot be said to raise substantial doubts as to
his present good moral character.
10. G.R. No. L-4663
The use by the person or partnership continuing the business of the partnership name,
or the name of a deceased partner as part thereof, shall not of itself make the individual
property of the deceased partner liable for any debts contracted by such person or
partnership.
Petitioners also used Canon 33 of the Canons of Professional Ethics adopted by the American Bar
Association which declares that:
t.hqw
... The continued use of the name of a deceased or former partner when permissible
by local custom, is not unethical but care should be taken that no imposition or
deception is practiced through this use.
Issue: WON practice of law can be a commercial partnership.
Held:
Commercial Partnership vs. Professional Partnership
Article 1840 treats more of a commercial partnership with a good will to protect rather than of a
professional partnership, with no saleable good will but whose reputation depends on the personal
qualifications of its individual members. Thus, it has been held that a saleable goodwill can exist only
in a commercial partnership and cannot arise in a professional partnership consisting of lawyers.
As a general rule, upon the dissolution of a commercial partnership the succeeding partners or
parties have the right to carry on the business under the old name, in the absence of a stipulation
forbidding it, (s)ince the name of a commercial partnership is a partnership asset inseparable from
the good will of the firm. ... (60 Am Jur 2d, s 204, p. 115) (Emphasis supplied)
On the other hand, a professional partnership the reputation of which depends or; the individual skill
of the members, such as partnerships of attorneys or physicians, has no good win to be distributed
as a firm asset on its dissolution, however intrinsically valuable such skill and reputation may be,
especially where there is no provision in the partnership agreement relating to good will as an
asset. ... (ibid, s 203, p. 115) (Emphasis supplied)
A partnership for the practice of law cannot be likened to partnerships formed by other professionals
or for business. A partnership for the practice of law cannot be likened to partnerships formed by
other professionals or for business. The usual reason given for different standards of conduct being
applicable to the practice of law from those pertaining to business is that the law is a profession.
Primary characteristics which distinguish the legal profession from business are:
1. A duty of public service, of which the emolument is a byproduct, and in which one may attain the
highest eminence without making much money.
2. A relation as an "officer of court" to the administration of justice involving thorough sincerity,
integrity, and reliability.
3. A relation to clients in the highest degree fiduciary.
4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to
current business methods of advertising and encroachment on their practice, or dealing directly with
their clients.
"The right to practice law is not a natural or constitutional right but is in the nature of a privilege or
franchise. 14 It is limited to persons of good moral character with special qualifications duly ascertained
and certified. 15 The right does not only presuppose in its possessor integrity, legal standing and
attainment, but also the exercise of a special privilege, highly personal and partaking of the nature of a
public trust."
It is true that Canon 33 does not consider as unethical the continued use of the name of a deceased
or former partner in the firm name of a law partnership when such a practice is permissible by local
custom but the Canon warns that care should be taken that no imposition or deception is practiced
through this use. It must be conceded that in the Philippines, no local custom permits or allows the
continued use of a deceased or former partner's name in the firm names of law partnerships.
The practice of law is intimately and peculiarly related to the administration of justice and should not
be considered like an ordinary "money-making trade."
It is of the essence of a profession that it is practiced in a spirit of public service. A trade ... aims
primarily at personal gain; a profession at the exercise of powers beneficial to mankind. If, as in the
era of wide free opportunity, we think of free competitive self assertion as the highest good, lawyer
and grocer and farmer may seem to be freely competing with their fellows in their calling in order
each to acquire as much of the world's good as he may within the allowed him by law. But the
member of a profession does not regard himself as in competition with his professional brethren. He
is not bartering his services as is the artisan nor exchanging the products of his skill and learning as
the farmer sells wheat or corn. There should be no such thing as a lawyers' or physicians' strike. The
best service of the professional man is often rendered for no equivalent or for a trifling equivalent
and it is his pride to do what he does in a way worthy of his profession even if done with no
expectation of reward, This spirit of public service in which the profession of law is and ought to be
exercised is a prerequisite of sound administration of justice according to law. The other two
elements of a profession, namely, organization and pursuit of a learned art have their justification in
that they secure and maintain that spirit.
13. A.C. No. 6672
September 4, 2009
Hence, lawyers are prohibited from soliciting cases for the purpose of gain, either personally or
through paid agents or brokers.15 Such actuation constitutes malpractice, a ground for disbarment. 16
Rule 2.03 should be read in connection with Rule 1.03 of the CPR which provides:
RULE 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding
or delay any mans cause.
This rule proscribes "ambulance chasing" (the solicitation of almost any kind of legal business by an
attorney, personally or through an agent in order to gain employment) 17 as a measure to protect the
community from barratry and champerty.
With regard to respondents violation of Rule 8.02 of the CPR, settled is the rule that a lawyer should
not steal another lawyers client nor induce the latter to retain him by a promise of better service,
good result or reduced fees for his services.20 Again the Court notes that respondent never denied
having these seafarers in his client list nor receiving benefits from Labianos "referrals."
Furthermore, he never denied Labianos connection to his office.21Respondent committed an
unethical, predatory overstep into anothers legal practice. He cannot escape liability under Rule
8.02 of the CPR.
Moreover, by engaging in a money-lending venture with his clients as borrowers, respondent
violated Rule 16.04:
Rule 16.04 A lawyer shall not borrow money from his client unless the clients interests are fully
protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a
client except, when in the interest of justice, he has to advance necessary expenses in a legal matter
he is handling for the client.
The rule is that a lawyer shall not lend money to his client. The only exception is, when in the interest
of justice, he has to advance necessary expenses (such as filing fees, stenographer s fees for
transcript of stenographic notes, cash bond or premium for surety bond, etc.) for a matter that he is
handling for the client.
The rule is intended to safeguard the lawyers independence of mind so that the free exercise of his
judgment may not be adversely affected. 22 It seeks to ensure his undivided attention to the case he is
handling as well as his entire devotion and fidelity to the clients cause. If the lawyer lends money to
the client in connection with the clients case, the lawyer in effect acquires an interest in the subject
matter of the case or an additional stake in its outcome. 23 Either of these circumstances may lead the
lawyer to consider his own recovery rather than that of his client, or to accept a settlement which
may take care of his interest in the verdict to the prejudice of the client in violation of his duty of
undivided fidelity to the clients cause.24
As previously mentioned, any act of solicitation constitutes malpractice 25 which calls for the exercise
of the Courts disciplinary powers. Violation of anti-solicitation statutes warrants serious sanctions for
initiating contact with a prospective client for the purpose of obtaining employment. 26 Thus, in this
jurisdiction, we adhere to the rule to protect the public from the Machiavellian machinations of
unscrupulous lawyers and to uphold the nobility of the legal profession.
Considering the myriad infractions of respondent (including violation of the prohibition on lending
money to clients), the sanction recommended by the IBP, a mere reprimand, is a wimpy slap on the
wrist. The proposed penalty is grossly incommensurate to its findings.
A final word regarding the calling card presented in evidence by petitioner. A lawyers best
advertisement is a well-merited reputation for professional capacity and fidelity to trust based on his
character and conduct.27 For this reason, lawyers are only allowed to announce their services by
publication in reputable law lists or use of simple professional cards.
Professional calling cards may only contain the following details:
(a) lawyers name;
In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of
1946 to 1953;
ALBINO CUNANAN, ET AL., petitioners.
Facts:
Under the Rules of Court governing admission to the bar, "in order that a candidate (for admission to
the Bar) may be deemed to have passed his examinations successfully, he must have obtained a
general average of 75 per cent in all subjects, without falling below 50 per cent in any subject." (Rule
127, sec. 14, Rules of Court). Nevertheless, considering the varying difficulties of the different bar
examinations held since 1946 and the varying degree of strictness with which the examination
papers were graded, this court passed and admitted to the bar those candidates who had obtained
an average of only 72 per cent in 1946, 69 per cent in 1947, 70 per cent in 1948, and 74 per cent in
1949. In 1950 to 1953, the 74 per cent was raised to 75 per cent.
Believing themselves as fully qualified to practice law as those reconsidered and passed by this
court, and feeling conscious of having been discriminated against, unsuccessful candidates who
obtained averages of a few percentage lower than those admitted to the Bar agitated in Congress
for, and secured in 1951 the passage of Senate Bill No. 12 which, among others, reduced the
passing general average in bar examinations to 70 per cent effective since 1946. This bill became
Republic Act No. 972 or the "Bar Flunkers' Act of 1953."
Issue:
WON RA 972 is constitutional
Held:
No. The law is contrary to public interest because it qualified 1,094 law graduates who confessedly
had inadequate preparation for the practice of the profession, as was exactly found by this Tribunal
in the aforesaid examinations. The public interest demands of legal profession adequate preparation
and efficiency, precisely more so as legal problem evolved by the times become more difficult. An
adequate legal preparation is one of the vital requisites for the practice of law that should be
developed constantly and maintained firmly. To the legal profession is entrusted the protection of
property, life, honor and civil liberties. To approve officially of those inadequately prepared individuals
to dedicate themselves to such a delicate mission is to create a serious social danger. Moreover, the
statement that there was an insufficiency of legal reading materials is grossly exaggerated. There
were abundant materials.
The power of admitting an attorney to practice having been perpetually exercised by the courts, it
having been so generally held that the act of the court in admitting an attorney to practice is the
judgment of the court, and an attempt as this on the part of the Legislature to confer such right upon
any one being most exceedingly uncommon, it seems clear that the licensing of an attorney is and
always has been a purely judicial function, no matter where the power to determine the qualifications
may reside.
In decreeing the bar candidates who obtained in the bar examinations of 1946 to 1952, a general
average of 70 per cent without falling below 50 per cent in any subject, be admitted in mass to the
practice of law, the disputed law is not a legislation; it is a judgment a judgment revoking those
promulgated by this Court during the aforecited year affecting the bar candidates concerned; and
although this Court certainly can revoke these judgments even now, for justifiable reasons, it is no
less certain that only this Court, and not the legislative nor executive department, that may be so.
Any attempt on the part of any of these departments would be a clear usurpation of its functions, as
is the case with the law in question.
It is obvious, therefore, that the ultimate power to grant license for the practice of law belongs
exclusively to this Court, and the law passed by Congress on the matter is of permissive character,
or as other authorities say, merely to fix the minimum conditions for the license.
Admission to practice of law is almost without exception conceded everywhere to be the exercise of
a judicial function, and this opinion need not be burdened with citations in this point. Admission to
practice have also been held to be the exercise of one of the inherent powers of the court.
Admission to the practice of law is the exercise of a judicial function, and is an inherent power of the
court.
16. B.M. No. 1678
Philippines (IBP) are the conditions required for membership in good standing in the bar and for
enjoying the privilege to practice law. Any breach by a lawyer of any of these conditions makes him
unworthy of the trust and confidence which the courts and clients repose in him for the continued
exercise of his professional privilege.4
Section 1, Rule 138 of the Rules of Court provides:
SECTION 1. Who may practice law. Any person heretofore duly admitted as a member of
the bar, or thereafter admitted as such in accordance with the provisions of this Rule, and
who is in good and regular standing, is entitled to practice law.
Pursuant thereto, any person admitted as a member of the Philippine bar in accordance with the
statutory requirements and who is in good and regular standing is entitled to practice law.
Admission to the bar requires certain qualifications. The Rules of Court mandates that an applicant
for admission to the bar be a citizen of the Philippines, at least twenty-one years of age, of good
moral character and a resident of the Philippines. 5 He must also produce before this Court
satisfactory evidence of good moral character and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the Philippines. 6
Moreover, admission to the bar involves various phases such as furnishing satisfactory proof of
educational, moral and other qualifications; 7 passing the bar examinations; 8 taking the lawyers
oath9 and signing the roll of attorneys and receiving from the clerk of court of this Court a certificate
of the license to practice.
The second requisite for the practice of law membership in good standing is a continuing
requirement. This means continued membership and, concomitantly, payment of annual membership
dues in the IBP;11 payment of the annual professional tax; 12 compliance with the mandatory
continuing legal education requirement;13faithful observance of the rules and ethics of the legal
profession and being continually subject to judicial disciplinary control.
The Constitution provides that the practice of all professions in the Philippines shall be limited to
Filipino citizens save in cases prescribed by law.15 Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in the Philippine bar and, consequently,
the privilege to engage in the practice of law. In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege
denied to foreigners.
17. A.M. No. L-363
Held:
No. Under section 5 of Rule 127, a member of the bar may be removed or suspended from his office
as attorney by the Supreme Court by reason of his conviction of a crime involving moral turpitude.
Murder is, without doubt, such a crime. The term "moral turpitude" includes everything which is done
contrary to justice, honesty, modesty or good morals. As used in disbarment statutes, it means an
act of baseness, vileness, or depravity in the private and social duties which a man owes to his
fellowmen or to society in general, contrary to the accepted rule of right and duty between man and
man.
In Lontok case, "When proceedings to strike an attorney's name from the rolls the fact of a
conviction for a felony ground for disbarment, it has been held that a pardon operates to wipe out the
conviction and is a bar to any proceeding for the disbarment of the attorney after the pardon has
been granted."
However, in that case, the pardon granted to respondent Lontok was absolute. The foregoing
considerations rendered In re Lontok are inapplicable here. Respondent Gutierrez must be judged
upon the fact of his conviction for murder without regard to the pardon he invokes in defense. The
crime was qualified by treachery and aggravated by its having been committed in hand, by taking
advantage of his official position (respondent being municipal mayor at the time) and with the use of
motor vehicle. People vs. Diosdado Gutierrez, supra. The degree of moral turpitude involved is such
as to justify his being purged from the profession.
The practice of law is a privilege accorded only to those who measure up to certain rigid standards
of mental and moral fitness. For the admission of a candidate to the bar the Rules of Court not only
prescribe a test of academic preparation but require satisfactory testimonials of good moral
character. These standards are neither dispensed with nor lowered after admission: the lawyer must
continue to adhere to them or else incur the risk of suspension or removal. As stated in Ex
parte Wall, 107 U.S. 263, 27 Law ed., 552, 556: "Of all classes and professions, the lawyer is most
sacredly bound to uphold the laws. He is their sworn servant; and for him, of all men in the world, to
repudiate and override the laws, to trample them under foot and to ignore the very bonds of society,
argues recreancy to his position and office and sets a pernicious example to the insubordinate and
dangerous elements of the body politic.
18. A.C. No. 439
moral turpitude. Moral turpitude, as used in this section, includes any act deemed contrary to justice,
honesty or good morals. 1 Among the examples given of crimes of this nature by former Chief Justice
Moran are the crime of seduction and the crime of concubinage. 2 The crime of which respondent was
convicted is falsification of public document, which is indeed of this nature, for the act is clearly
contrary to justice, honesty and good morals. Hence, such crime involves moral turpitude. Indeed, it
is well-settled that "embezzlement, forgery, robbery, and swindling are crimes which denote moral
turpitude and, as a general rule, all crimes of which fraud is an element are looked on as involving
moral turpitude" (58 C.J.S., 1206).
It appearing that respondent has been found guilty and convicted of a crime involving moral turpitude
it is clear that he rendered himself amenable to disbarment under Section 25, Rule 127, of our Rules
of Court. It is futile on his part, much as we sympathize with him, to dispute now the sufficiency of his
conviction, for this is a matter which we cannot now look into. That is now a closed chapter insofar
as this proceeding is concerned. The only issue with which we are concerned is that he was found
guilty and convicted by a final judgment of a crime involving moral turpitude.
attained. Thus, the canons and ethics of the profession enjoin him not to permit his professional
services or his name to be used in aid of, or to make possible the unauthorized practice of law by,
any agency, personal or corporate. And, the law makes it a misbehavior on his part, subject to
disciplinary action, to aid a layman in the unauthorized practice of law.
Undoubtedly, Atty. Bancolo violated the Code of Professional Responsibility by allowing a non-lawyer
to affix his signature to a pleading. This violation Is an act of falsehood which IS a ground for
disciplinary action.
The SC found that respondent Atty. Charlie L. Bancolo administratively liable for violating Rule 9.01
of Canon 9 of the Code of Professional Responsibility.
therein that would have made him so.26 When, in spite of this knowledge, he chose to continue
practicing law without taking the necessary steps to complete all the requirements for admission to
the Bar, he willfully engaged in the unauthorized practice of law.
Under the Rules of Court, the unauthorized practice of law by ones assuming to be an attorney or
officer of the court, and acting as such without authority, may constitute indirect contempt of
court,27 which is punishable by fine or imprisonment or both. 28 Such a finding, however, is in the
nature of criminal contempt 29 and must be reached after the filing of charges and the conduct of
hearings.30 In this case, while it appears quite clearly that petitioner committed indirect contempt of
court by knowingly engaging in unauthorized practice of law, we refrain from making any finding of
liability for indirect contempt, as no formal charge pertaining thereto has been filed against him.
Knowingly engaging in unauthorized practice of law likewise transgresses Canon 9 of 'the Code of
Professional Responsibility, which provides:
CANON 9 -A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
While a reading of Canon 9 appears to merely prohibit lawyers from assisting in the unauthorized
practice of law, the unauthorized practice of law by the lawyer himself is subsumed under this
provision, because at the heart of Canon 9 is the lawyer's duty to prevent the unauthorized practice
of law. This duty likewise applies to law students and Bar candidates. As aspiring members of the
Bar, they are bound to comport themselves in accordance with the ethical standards of the legal
profession.
The award of 10% to Quintin Muning who is not a lawyer according to the
order, is sought to be voided in the present petition.
Issue:
May a non-lawyer recover attorney's fees for legal services rendered?
Held:
NO. An agreement providing for the division of attorney's fees, whereby a
non-lawyer is allowed to share in said fees with lawyers, is condemned by
Canon 34 of Legal Ethics and is immoral and cannot be justified. An award
by a court of attorney's fees is no less immoral in the absence of a contract.
The permission for a non-member of the bar to represent or appear or
defend in the said court on behalf of a party-litigant does not by itself entitle
the representative to compensation for such representation.
Certainly public policy demands that legal work in representation of parties
litigant should be entrusted only to those possessing tested qualifications
and who are sworn, to observe the rules and the ethics of the profession,
as well as being subject to judicial disciplinary control for the protection of
courts, clients and the public.
No one is entitled to recover compensation for services as an attorney at
law unless ha has been duly admitted to pracitce and is an attorney in
good standing at the time.
The reasons are that the ethics of the legal profession should not be
violated; 7 that acting as an attorney with authority constitutes contempt of court,
which is punishable by fine or imprisonment or both, 8 and the law will not assist a
person to reap the fruits or benefit of an act or an act done in violation of law; 9
and that if were to be allowed to non-lawyers, it would leave the public in
hopeless confusion as to whom to consult in case of necessity and also leave the
bar in a chaotic condition, aside from the fact that non-lawyers are not amenable
to disciplinary measures.
JUVY P. CIOCON-REER, ANGELINA P. CIOCON, MARIVIT P. CIOCONHERNANDEZ, and REMBERTO C. KARAAN, SR., Complainants,
vs.
JUDGE ANTONIO C. LUBAO, Regional Trial Court, Branch 22,
General Santos City, Respondent.
Facts:
Juvy P. Ciocon-Reer, Angelina P. Ciocon, Marivit P. Ciocon-Hernandez, and
Remberto C. Karaan, Sr. (complainants) filed an administrative complaint
against Judge Antonio C. Lubao (Judge Lubao) of the Regional Trial Court
The OCA noted that Karaan, through the use of intemperate and
slanderous language, continually attributed all sorts of malicious motives
and nefarious schemes to Judge Lubao regarding the conduct of his official
function but failed to substantiate his allegations. The OCA further noted
that this case is just one of the many cases Karaan filed against various
judges in other courts where the same pattern of accusations could be
observed.
The OCA noted Karaans modus operandi of offering free paralegal advice
and then making the parties execute a special power of attorney that would
make him an agent of the litigants and would allow him to file suits,
pleadings and motions with himself as one of the plaintiffs acting on behalf
of his "clients." The OCA noted that Karaans services, on behalf of the
underprivileged he claimed to be helping, fall within the practice of law.
Issue:
WON Karaan is engaged in unauthorized practice of law.
Held:
Yes. In Cayetano v. Monsod,3 the Court ruled that "practice of law" means
any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice
of law is to perform acts which are usually performed by members of the
legal profession.4 Generally, to practice law is to render any kind of service
which requires the use of legal knowledge or skill. 5 Here, the OCA was able
JUL
.date
FACTS:
Mr. Elmo S. Abad was a successful examinee of the 1978 bar examinations. His
subsequent practice of law was questioned and complained by the President of
Philippine Trial Lawyers Association, Inc. Respondent explained that:
He was notified of the oath-taking by the Supreme Court and signed the
Lawyers Oath by one clerk in the Office of the Bar Confidante;
He participated Annual General Meeting of IBP Quezon City, and paid his
statement dues and was included as a voting member for officers and directors
also conferred to him a certificate of Membership in Good Standing from IBP QC
Chapter;
The Supreme Court never issued any order in the striking of his name in the
roll of attorneys, and paid his dues and PTR;
ISSUE:
Whether or not the respondent is guilty of contempt of court.
HELD:
YES. Respondent was sentenced fine and imprisonment for twenty five (25)
days.
RATIO:
Respondent should know that the circumstances which he narrated do not
constitute his admission to the Philippine Bar and the right (or privilege) to
practice law thereafter. He should know that two essential requisites for
becoming a lawyer still had to be performed, namely: his lawyers oath to be
administered by this Court and his signature in the Roll of Attorneys.
He was found in violation of Rule 71 of the Rules of Court:
SEC. 3. Indirect contempt to be punished after charge and hearing x x x:
xxx
(e) Assuming to be an attorney or an officer of a court, and acting as
such without authority;
xxx
In 1914, a lawyer named Salvador Laguda filed a petition before the Iloilo
CFI recommending that he is appointing Cesareo Durban as his
procurador judicial (legal representative). The judge of the CFI approved
the petition. The authority granted to Durban, a non-lawyer, is limited to the
following: appear in matters signed and presented by Laguda with his own
signature and when the latter should send the said Durban to attend to such
matters; that the said Durban should have no authority to make contracts to
represent any person in any justice court; that all contracts and appearances
should be made by Laguda, and that the latter could send Durban to represent
him in courts; and finally that said Durban should not collect any sum for any
service.
In one instance however, Durban agreed to represent one Eustaquia Montage
in litigating her claim over a P20.00 worth parcel of land. Durban charged for
appearance fees; he even won the case. Montage paid Durban a total of
P50.00.
ISSUE: Whether or not Durban engaged in the unauthorized practice of
law.
HELD: Yes. Section 34 of the Code of Civil Procedure, as amended by Act
No. 1919, says:
No person not duly authorized to practice law may engage in
the occupation of appearing for or defending other persons in
justice of the peace courts without being first authorized for
that purpose by the judge of the Court of First Instance.
Durban acted beyond the authority granted him; he was likewise in violation
of the provision above.
Public Officials and Public of Law
26. A.M. No. 202 July 22, 1975
Judge entered into a contract of personal and professional services with private individuals to
head defendants legal department for a fixed yearly salary.
The challenged judgment seeks to enforce a contract which is patently void because it is contrary to
law and public policy. The contract of professional services entered into between private respondent
and the petitioners, while the former was still a judge of the Court of First Instance, constituted
private practice of law in contravention of Section 35 of Rule 138 of the Revised Rules of Court.
Issue:
WON judges are allowed to engage in private practice.
Held:
No.
The aforecited rule was promulgated by this Court pursuant to its constitutional power to regulate the
practice of law. It is based on sound reasons of public policy, for there is no question that the rights,
duties, privileges and functions of the office of an attorney-at-law are so inherently incompatible with
the high official functions, duties, powers, discretions and privileges of a Judge of the CFI.
This inhibitory rule makes it obligatory upon the judicial officers concerned to give their full time and
attention to their judicial duties, prevent them from extending special favors to their own private
interests and assure the public of their impartiality in the performance of their functions. These
objectives are dictated by au sense of moral decency and the desire to promote the public interest.
Private respondent should have known or ought to know that when he was elevated to the bench of
the CFI as a judge thereof, his right to practice law as an attorney was suspended and continued to
be suspended as long as he occupied the judicial position.
Facts:
Villanueva was charged with Malicious Mischief in the municipality of Alaminos in Laguna. In said
case, the private offended party asked his lawyer friend, Ariston Fule to prosecute said case.
Apparently, Fule was the fiscal in San Pablo, Laguna. Villanueva the opposed the appearance of Fule
as counsel for the offended party as he said that according to the Rules of Court when an attorney had
been appointed to the position of Assistant Provincial Fiscal or City Fiscal and therein qualified, by
operation of law, he ceased to engage in private law practice.
ISSUE: Whether or not Ariston Fule is engaged in private law practice.
HELD: No. Private practice of law implies that one must have presented himself to be in the active
and continued practice of the legal profession and that his professional services are available to the
public for a compensation, as a source of his livelihood or in consideration of his said services. In the
case at bar, Fule is not being compensated but rather hes doing it for free for his friend who
happened to be the offended party. Practice is more than an isolated appearance, for it consists in
frequent or customary actions, a succession of acts of the same kind. In other words, it is frequent
habitual exercise. Further, the fact that the Secretary of Justice approved Fules appearance for his
friend should be given credence.
has the privilege to practice law only during good behavior. He can be deprived of his license for
misconduct ascertained and declared by judgment of the court after giving him the opportunity to be
heard. 11
IBP Commissioner Milagros San Juan (Commissioner San Juan) Recommended 34 that Florin be
"suspended from the practice of law for three (3) years for knowingly rendering an unjust judgment,
Orders and Resolutions adverse and prejudicial to the interests of the Complainants."
Issue:
WON the Code of Professional Responsibility is applicable also to lawyers in government service.
Held:
Yes.
A lawyer who holds a government office may not be disciplined as a member of the Bar for
misconduct in the discharge of his duties as a government official. However, if said misconduct as a
government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by
this Court as a member of the Bar.
A member of the Bar who assumes public office does not shed his professional obligations. Hence,
the Code of Professional Responsibility, promulgated on June 21, 1988, was not meant to govern
the conduct of private practitioners alone, but of all lawyers including those in government service.
This is clear from Canon 644 of said Code. Lawyers in government are public servants who owe the
utmost fidelity to the public service. Thus, they should be more sensitive in the performance of their
professional obligations, as their conduct is subject to the ever-constant scrutiny of the public.
x x x For a lawyer in public office is expected not only to refrain from any act or omission which might
tend to lessen the trust and confidence of the citizenry in government, she must also uphold the
dignity of the legal profession at all times and observe a high standard of honesty and fair
dealing. Otherwise said, a lawyer in government service is a keeper of the public faith and is
burdened with high degree of social responsibility, perhaps higher than her brethren in private
practice.
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