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    This document provides an overview of legal ethics in the Philippines, including the practice of law, admission to the bar, and the duties and responsibilities of lawyers. It discusses key topics like what constitutes the practice of law, requirements for admission, prohibitions on certain public officials practicing law, and representation by non-lawyers. It also examines the fourfold duties of lawyers and their membership in the integrated bar. The document is structured around the canons of professional responsibility and provides examples of related cases for many of the rules.

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    Leg Eth 2016

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    This document provides an overview of legal ethics in the Philippines, including the practice of law, admission to the bar, and the duties and responsibilities of lawyers. It discusses key topics like what constitutes the practice of law, requirements for admission, prohibitions on certain public officials practicing law, and representation by non-lawyers. It also examines the fourfold duties of lawyers and their membership in the integrated bar. The document is structured around the canons of professional responsibility and provides examples of related cases for many of the rules.

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    149 views12 pages

    Legal Ethics I. Preliminaries: Practice of Law

    Uploaded by

    Justin Cebrian
    This document provides an overview of legal ethics in the Philippines, including the practice of law, admission to the bar, and the duties and responsibilities of lawyers. It discusses key topics like what constitutes the practice of law, requirements for admission, prohibitions on certain public officials practicing law, and representation by non-lawyers. It also examines the fourfold duties of lawyers and their membership in the integrated bar. The document is structured around the canons of professional responsibility and provides examples of related cases for many of the rules.

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    of 12

    LEGAL ETHICS

    I. PRELIMINARIES
    PRACTICE OF LAW
    Practice of law is any activity, in or out of court, which requires the application of law, legal
    procedure, knowledge, training and experience. (Case: Cayetano vs. Monsod)
    A privilege, but also a right practice of law is a privilege (extended/withheld in the
    exercise of sound judicial discretion) BUT it is also a right in the sense that it
    cannot be capriciously taken away w/o due process
    Other cases:
    1. Lim-Santiago vs. Sagucio
    (a) The act of being a legal consultant is a practice of law; to engage in the practice
    of law is to do any of those acts that are characteristic of the legal profession
    (b) "Private practice of law" contemplates a succession of acts of the same nature
    habitually or customarily holding ones self to the public as a lawyer
    2. In re: Sycip, Salazar, Feliciano, Hernandez, & Castillo 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"
    What sets practice of law apart from a business?
    (a) Duty of public service of w/c emolument is a mere by-product
    (b) Relation as officer of the court to the administration of justice
    (c) Relation to client in the highest degree fiduciary
    (d) Relation to colleagues characterized by candor & fairness
    Constitutional provisions re: practice of law
    1. SCs rule-making power (Art. VIII, Sec. 5[5]): the SC has the power to promulgate
    rules concerning admission to the practice of law & the Integrated Bar
    2. Only Filipino lawyers can practice law in PH (Art. XII, Sec. 14, par. 2): the
    practice of ALL professions in PH is limited to Filipino citizens (XPN: where the law
    otherwise provides [to date, there are no rules allowing foreigners to practice
    law in PH])
    3. Existing rules/laws re: practice of law, not abrogated by the 1987 Constitution;
    power to repeal same remains in SC (Art. XVIII, Sec. 10)

    ADMISSION TO THE PRACTICE OF LAW


    R138 S2, 5-11, 14, 17-19, RoC [+Cases: Alawi vs. Alauya, Aguirre vs. Rana]
    1. Filipino citizenship
    2. Residence in PH
    3. 21+ y/o
    4. Good moral character
    5. No charge involving moral turpitude filed/pending
    6. Educational qualifications
    7. Passing the bar examinations
    8. Taking the oath & signing the Roll of Attorneys
    Other cases:
    1. In re: Dacanay a lawyer who lost his/her Filipino citizenship can no longer practice
    law in PH; if he/she reacquires citizenship under RA 9225, he/she can practice law
    again upon compliance w/ the ff.:

    (a) Updating & payment of annual IBP membership dues


    (b) Payment of professional tax
    (c) Completion of at least 36 credit hours of MCLE
    (d) Retaking of the Lawyer's Oath
    2. Arnobit vs. Arnobit, Tapucar vs. Tapucar good character = the will to do what is
    right, even if unpleasant, & the resolve not to do wrong, even if pleasant; not only a
    condition precedent for admission to the legal profession, but must remain intact to
    maintain good standing therein (i.e. a continuing requirement)
    3. Bernardo vs. Mejia the ff. are continuing requirements for enjoying the privilege to
    practice law: (a) adherence to the rigid standards of mental fitness, (b) maintenance
    of the highest degree of morality, and (c) faithful compliance with the rules of the
    legal profession; a disbarred lawyer can be reinstated by the SC as a "show [of]
    compassion" when the penalty imposed intended not to punish but to
    correct has, per the facts, already served its purpose
    R138 S3, cf. R144 Form 28 RoC (Lawyer's Oath)
    I, ___________________, do solemnly swear that I will maintain allegiance to the Republic
    of the Philippines; I will support its Constitution and obey laws as well as the legal orders of
    the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of
    any court; I will not wittingly nor willingly promote or sue any groundless, false or unlawful
    suit, or give aid nor consent to the same; I will delay no man for money or malice, and will
    conduct myself as a lawyer according to the best of my knowledge and discretion with all
    good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary
    obligations without any mental reservation or purpose of evasion. So help me God.
    Moral turpitude

    APPEARANCE OF NON-LAWYERS
    GR:
    Only lawyers may appear & handle cases in court
    XPN: 1. R138-A (student practice rule)
    2. Non-lawyers authorized by SC: (R138 S34; R116 S7, RoC)
    (a) MTC
    - Civil: personally, or through a friend
    - Criminal: remote municipalities, no lawyer available judge may appoint
    (b) RTC in civil cases only
    (c) Small claims
    3. Others
    (a) Cadastral courts (Sec. 9, Act 2259)
    (b) NLRC (Art. 222, LC)
    Sanctions for practice/appearance w/o authority
    1. Lawyers w/o authority
    (a) Constitutes malpractice & violation of Lawyers Oath
    (b) May be suspended or disbarred
    2. Non-lawyers may be cited in contempt

    PROHIBITION & RESTRICTION ON THE PRACTICE OF


    LAW OF PUBLIC OFFICERS
    1. Prohibition/disqualification of former govt attorneys
    (a) RA 6713 re: retired govt official not allowed to practice in the office in w/c they
    had been connected for 1 YEAR after his/her retirement

    (b) R6.03, CPR re: any matter intervened in while in service (Case: PCGG vs. SB)
    (c) RA 910 (Judiciary Retirement Act) cannot appear as counsel in cases
    (civil/criminal/admin.) where govt = adverse party!
    2. Public officers who cannot practice law (or w/ restrictions)
    (a) Prohibited
    - President
    - Department secretaries
    - Judges & justices
    - SolGen & members of OSG
    - Ombudsman & her deputies
    - Members of constitutional commissions
    - Governors
    - Mayors
    - Persons prohibited by special law
    (b) Allowed to practice but subject to restrictions
    - Senators
    - Representatives
    - Vice-governors
    - Vice mayors
    - Members of the Sangguinians
    (c) Approval of dept head required
    - Civil service EEs (Case: Catu vs. Rellosa)
    - Government prosecutors
    GR:
    PROHIBITED! (Case: Lim-Santiago vs. Sagucio)
    XPN: Isolated appearances private practice
    Also, where permission of SOJ has been obtained
    (Case: People vs. Villanueva)
    R138 S33, RoC (lawyers authorized to appear for the government)
    1. OSG
    2. State Prosecutors of the DOJ
    3. OGCC
    4. Officers authorized by law
    5. Private lawyers retained by govt entities
    Re: GOCCs
    GR:
    OGCC
    XPN: Private counsel, if:
    1. Necessary (i.e. in exceptional cases), &
    2. W/ written consent of OSG/OGCC & COA secured by the officers responsible
    for the hiring of private lawyers absent such consent: said officials are
    personally liable (Cases: Vargas vs. Ignes, Laguesma vs. COA)

    FOURFOLD DUTIES OF A LAWYER


    R138 S20, RoC

    MEMBERSHIP IN THE IBP


    In re: Edillon

    II. THE LAWYER & SOCIETY

    CANON 1: RESPECT FOR LAW AND LEGAL PROCESSES


    Rule 1.01
    Espinosa vs. Omaa
    Rule 1.02
    Ronquillo vs. Cezar
    Stemmerik vs. Mas
    Rule 1.03
    Sps. Saburnido vs. Madroo
    Barratry, maintenance, ambulance chasing
    Rule 1.04
    R138 S23, RoC

    CANON 2: EFFICIENT & CONVENIENT LEGAL SERVICES


    (cf. Rules 14.03 & 14.04, CPR)
    Rule 2.01
    Rule 2.02
    Rule 2.03
    Linsangan vs. Tolentino
    Rule 2.04
    "Of counsel"

    CANON 3: TRUE, HONEST, FAIR, DIGNIFIED, & OBJECTIVE


    INFORMATION ON LEGAL SERVICES
    Rule 3.01
    Ulep vs. Legal Clinic, Inc. (re: proper/permissible advertising)
    Rule 3.02
    Dacanay vs. Baker & McKenzie
    Rule 3.03
    Art. VI, Sec. 14; Art. VII, Sec. 13; Art. IX, Sec 2, 1987 CONST.
    Rule 3.04
    R138 S27, RoC

    CANON 4: PARTICIPATION IN THE IMPROVEMENT [OF] &


    REFORMS IN THE LEGAL SYSTEM
    CANON 5: PARTICIPATION IN LEGAL EDUCATION
    PROGRAM

    BM 850 (2000)

    CANON 6: APPLICABILITY OF THE CODE TO


    GOVERNMENT LAWYERS
    Rule 6.01
    Cuenca vs. CA
    Rule 6.02
    Vitriolo vs. Dasig
    Rule 6.03
    Catalan vs. Silvosa
    Sec. 7(b), R.A. 6713
    Sec. 3(d), R.A. 3019

    IV. THE LAWYER & THE COURTS


    CANON 10: CANDOR, FAIRNESS, & GOOD FAITH
    TOWARDS THE COURT
    Willful disobedience of lawful orders of the court (cf. R138 S27, RoC)
    Rule 10.01
    R138 S37, RoC (re: any deceit [] for any violation of the oath)
    R138 S20(d), RoC
    Maligaya vs. Doronilla
    Rule 10.02
    Hueysuwan vs. Florido
    RELATE: significance of a lawyer's signature in pleadings (cf. R7 S3, RoC)
    Rule 10.03
    (cf. R1 S6, RoC)
    Purpose of rules of procedure

    CANON 11: RESPECT FOR COURTS &


    JUDICIAL OFFICERS
    (cf. R71, RoC re: contempt)
    Rule 11.01
    Re: proper attire (men & women)
    Rule 11.02
    Rule 11.03
    Judge Baculi vs. Batung
    Habawel & Medina vs. CTA
    Rule 11.04
    Fernandez vs. Justice Verzola

    Rule 11.05
    In re: Climaco
    In re: Almacen

    CANON 12: ASSISTANCE IN THE SPEEDY & EFFICIENT


    ADMINISTRATION OF JUSTICE
    R138 S20(g), RoC
    Rule 12.01
    Vda. de Espino vs. Presquito
    Rule 12.02
    Forum-shopping
    RELATE:
    1. Revised Circular 28-91, s. 1994
    2. R7 S5, RoC
    3. A.C. 04-94, s. 1994
    Foronda vs. Atty. Arnold Guerrero
    Lim vs. Montano
    Rule 12.03
    Vaflor-Fabroa vs. Paguinto
    Rule 12.04
    Rule 12.05
    Rule 12.06
    Rule 12.07
    (cf. R132 S3, RoC)
    Rule 12.08
    Santiago vs. Rafanan

    CANON 13: RELIANCE ON THE MERITS OF THE CASE,


    NOT FROM IMPROPER INFLUENCE UPON THE COURTS
    In re: Paas
    Rule 13.01
    Lantoria vs. Bunyi
    Rule 13.02
    Sub judice
    Principle of open justice
    In re: Bagabuyo
    Nestle vs. Sanchez
    Rule 13.03
    Judicial independence

    V. THE LAWYER & THE CLIENT


    CANON 14: AVAILABILITY OF SERVICE WITHOUT
    DISCRIMINATION
    Counsel de oficio, counsel de parte, amicus curiae, retainer (as act and as fee)
    Instances when counsel de oficio is appointed
    R139 S20(h), S31; R116 S6-8; R12 S2, RoC
    P.D. 543
    R.A. 6003, R.A. 6043, R.A. 6035
    Gone vs. Ga
    Rule 14.01
    Rule 14.02
    Rule 14.03
    Perez vs. De La Torre
    Rule 14.04

    CANON 15: OBSERVE CANDOR, FAIRNESS & LOYALTY


    Duty to decline employment in some cases
    Rule 15.01 (same cases as in 15.03)
    Quiambao vs. Bamba
    Rule 15.02
    Purpose of the rule
    Hadjula vs. Madianda
    Rule 15.03
    Conflict of interest, test to determine, limitations (when prohibition inapplicable)
    Applicability to law firms
    Lim vs. Villarosa
    Hornilla vs. Ricafort
    Gonzales vs. Cabucana
    Rule 15.04
    Rule 15.05
    Rollon vs. Naraval
    Rule 15.06
    Mercado vs. Security Bank
    Rule 15.07
    Rural Bank of Calape vs. Florido
    Rule 15.08

    Villatuya vs. Tabalingcos

    CANON 16: HOLD IN TRUST CLIENT'S MONEY &


    PROPERTIES
    Art. 1491, CC (rule forbidding a lawyer from purchasing clients prop./int. in litigation)
    [nature of transaction involving prohibited purchase]
    Villanueva vs. Ishiwata
    Rule 16.01
    Salomon vs. Frial
    Rule 16.02
    Tarog vs. Ricafort
    Rule 16.03
    Ribaya vs. Lawsin
    Rule 16.04
    Navarro vs. Solidum

    CANON 17: TRUST & CONFIDENCE


    Implied representation of lawyer who accepts professional employment from client
    Tria-Samonte vs. Obias
    Cantiller vs. Potenciano

    CANON 18: COMPETENCE & DILIGENCE


    Dalisay vs. Mauricio
    Rule 18.01
    Proper action in case service requires specific area of law & lawyer is not qualified
    Rule 18.02
    Rule 18.03
    Kind of diligence required of a lawyer
    Vda. de Saldivar vs. Cabanes
    Rule 18.04
    Bustamante vs. Libatique

    CANON 19: REPRESENTATION WITH ZEAL


    Rule 19.01
    R138 S20(d), RoC
    Pena vs. Aparicio
    Rule 19.02
    Rule 19.03

    Millare vs. Montero

    CANON 20: ATTORNEY'S FEES


    Art. 2208, CC
    Sec. 6, R.A. 5185
    R138 S24 & 32, RoC
    Champerty, champertous contracts
    Masmud vs. NLRC & Go
    Dalisay vs. Mauricio, Jr.
    Rule 20.01
    Jaime vs. Bualan
    Orocio vs. Anguluan
    Rule 20.02
    Rule 20.03
    Rule 20.04
    Assumpsit; attorney's, contingent, retaining, acceptance fees; quantum meruit
    Ramos vs. Ngaseo
    Traders Royal Bank EEs Union-Independent vs. NLRC & Cruz

    CANON 21: PRESERVE CLIENT'S CONFIDENCE


    R138 S20(e), RoC
    Art. 209, RPC
    Hilado vs. David
    Yao vs. Aurelio
    Palm vs. Iledan
    Rule 21.01
    Rule 21.02
    Rule 21.03
    Rule 21.04
    Rule 21.05
    Rule 21.06
    Rule 21.07

    CANON 22: WITHDRAWAL OF SERVICES FOR GOOD


    CAUSE
    Rule 22.01
    R138 S26, RoC
    Procedure for withdrawal as counsel
    Grounds for withdrawal without the client's consent.

    Change or substitution of counsel


    Intestate Estate of Domingo vs. Aquino,
    Montano vs. IBP
    Venterez vs. Cosme
    In re: Briones
    Rule 22.02
    Attorney's lien; retaining lien; charging lien
    Requisites for validity of retaining/charging liens
    Extinguishment of retaining/charging liens
    R138 S37, RoC
    Obando vs. Figueras

    VI. NEW CODE OF JUDICIAL CONDUCT


    CANON 1: INDEPENDENCE
    Rule 1.01
    Rule 1.02
    Rule 1.03
    Ramirez vs. Corpuz-Macandog
    Tahil vs. Eisma
    Contreras vs. Judge Solis
    Romero vs. Judge Valle
    Galman vs. Sandiganbayan
    Lorenzo vs. Judge Marquez
    Salud vs. Judge Alumbres

    CANON 2: INTEGRITY
    Rule 2.01
    Rule 2.02
    Rule 2.03
    Rule 2.04
    Dr. Alfonso vs. Judge Juanson
    Castillo vs. Judge Calanog
    In re: Sotto

    CANON 3: IMPARTIALITY
    Rule 3.01
    Rule 3.02
    Rule 3.03
    Rule 3.04

    Rule 3.05
    Rule 3.06
    Rule 3.07
    Rule 3.08
    Rule 3.09
    Rule 3.10
    Rule 3.11
    Rule 3.12
    Rule 3.13
    In re: Aguas
    Cabulisan vs. Judge Lagalilauan,
    Paredes vs. Judge Men Abad,
    Aparicio vs. Andal
    Gandionco vs. Penaranda
    Lorenzo vs. Judge Marquez

    VI. NEW CODE OF JUDICIAL CONDUCT


    (AM No. 03-05-01-SC)

    CANON 4: PROPRIETY
    Section 1: Avoidance of impropriety
    Talens-Dabon vs. Judge Arceo
    Section 2: Dignity
    Liwanag vs. Judge Lustre
    Section 3: Relations with lawyers
    People vs. Sanz Maceda
    Section 4: Family associated with case
    Javier vs. Judge De Guzman
    Section 5: Use of residence
    Section 6: Free expression
    Section 7: Fiduciary interests
    Section 8: Advancing private interests
    Aquino vs. Luntok
    Section 9: Confidential information
    Umale vs. Villaluz

    Section 10: Other activities


    Section 11: Practice of law
    Section 12: Forming associations
    Sections 13-15: Re: gifts/favors
    Ompoc vs. Judge Torres

    CANON 5: EQUALITY
    Sections 1-5: Equality of treatment
    People vs. Ibasan

    CANON 6: COMPETENCE & DILIGENCE


    Section 1: Precedence of duties
    OCA vs. Judge Lansang
    Section 2: Judicial duties
    Longboan vs. Polig
    Section 3: Keeping up with developments
    People vs. Salas
    Section 4: International law
    Enriquez vs. Judge Caminade
    Section 5: Efficient and prompt delivery
    Sangguniang Bayan of Batac vs. Judge Albano
    Section 6: Order and decorum
    Romero vs. Judge Valle
    Section 7: Incompatible conduct
    [ADD RULES ON NOTARIAL PROCEDURE HERE]

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