Legal Ethics - Capstone
Legal Ethics - Capstone
The
State shall encourage appropriate
What is Legal Ethics?
technology and regulate its transfer
• A Branch of Moral Science that treats for the national benefit.
of the duties which a lawyer owes to
the society, the bar, the courts, the • Article XVIII, Sec 10 of the
clients. Constitution: Section 10. All courts
• Moral Science here partakes of the existing at the time of the ratification
teachings of moral values; of certain of this Constitution shall continue to
ways and behaviors to be observed in exercise their jurisdiction, until
order to allow what is the best for the otherwise provided by law. The
profession and how to maximize the provisions of the existing Rules of
flourishing of lawyers as they Court, judiciary acts, and procedural
perform their roles in society. laws not inconsistent with this
Constitution shall remain operative
B. Supervision and Control of the Legal unless amended or repealed by the
Profession. Supreme Court or the Congress.
• Article VIII Section 5 paragraph 5
of the Constitution states that: • RA 76622 Section 2(1): Section 2.
Promulgate rules concerning the Declaration of Policies. - It is hereby
protection and enforcement of declared the policy of the State to
constitutional rights, pleading, uplift the standards of legal education
practice, and procedure in all courts, in order to prepare law students for
the admission to the practice of law, advocacy, counselling, problem-
the integrated bar, and legal solving, and decision-making, to
assistance to the underprivileged. infuse in them the ethics of the legal
Such rules shall provide a simplified profession; to impress on them the
and inexpensive procedure for the importance, nobility and dignity of
speedy disposition of cases, shall be the legal profession as an equal and
uniform for all courts of the same indispensable partner of the Bench in
grade, and shall not diminish, the administration of justice and to
increase, or modify substantive develop social competence.
rights. Rules of procedure of special
courts and quasi-judicial bodies shall • RA 76622 Section 3: Section 3.
remain effective unless disapproved General and Specific Objective of
by the Supreme Court. Legal Education. - (a) Legal
education in the Philippines is geared
• Article XII Section 14(2): The to attain the following objectives:
sustained development of a reservoir • (1) to prepare students for the
of national talents consisting of practice of law;
Filipino scientists, entrepreneurs, • (2) to increase awareness among
professionals, managers, high-level members of the legal profession of
technical manpower and skilled the needs of the poor, deprived and
workers and craftsmen in all fields oppressed sectors of society;
• (3) to train persons for leadership;
• (4) to contribute towards the
promotion and advancement of
justice and the improvement of its
administration, the legal system and
legal institutions in the light of the
historical and contemporary
development of law in the Philippines
and in other countries.
• (b) Legal education shall aim to
accomplish the following specific
objectives:
• (1) to impart among law students a
broad knowledge of law and its
various fields and of legal
institutions;
• (2) to enhance their legal research
abilities to enable them to analyze,
articulate and apply the law
C. Practice of Law
effectively, as well as to allow them to
• Sec 1 Rule 138:
have a holistic approach to legal
problems and issues; Who may practice law—Any person heretofore
• (3) to prepare law students for duly admitted as a member of the bar, or
advocacy, counselling, problem- hereafter admitted as such in accordance with
solving and decision-making, and to the provisions of this rule, and who is in good
develop their ability to deal with and regular standing, is entitled to practice law.
recognized legal problems of the
present and the future.
• (4) to develop competence in any
field of law as is necessary for gainful
employment or sufficient as a
foundation for future training beyond
the basic professional degree, and to
develop in them the desire and
capacity for continuing study and
self-improvement.
• (5) to inculcate in them the ethics and
responsibilities of the legal
profession; and
• (6) to produce lawyers who
conscientiously pursue the lofty goals
of their profession and to fully adhere
to its ethical norms.
Letter of the UP Law Faculty A.M 10-10-4- proper authority in the foreign
SC jurisdiction where the degree has been
granted.
The Court reiterated that the
decision does not impede them of their No applicant who obtained the Bachelor
freedom of expression. of Laws degree in this jurisdiction shall
What the action the motivated the be admitted to the bar examination
resolution was the manner of the criticism unless he or she has satisfactorily
and the contumacious language by which completed the following course in a law
respondents, who are not parties nor school or university duly recognized by
counsels in the Vinuya case, have the government: civil law, commercial
expressed their opinion in favor of the
law, remedial law, criminal law, public
petitioners in the said pending case for the
and private international law, political
"proper disposition"
law, labor and social legislation, medical
It was not the circumstance that jurisprudence, taxation and legal ethics.
respondents expressed a belief that Justice
Del Castillo was guilty of plagiarism but A Filipino citizen who graduated from a
rather their expression of that belief as foreign law school shall be admitted to
"not only as an established fact, but a the bar examination only upon
truth"... when it was " of public... submission to the Supreme Court of
knowledge that there was an ongoing certifications showing: (a) completion of
investigation precisely to determine the
all courses leading to the degree of
truth of such allegations."
Bachelor of Laws or its equivalent
degree; (b) recognition or accreditation
of the law school by the proper authority;
II. Admission for the Legal Practice and (c) completion of all the fourth-year
subjects in the Bachelor of Laws
A. Legal Education
academic program in a law school duly
Rule 138 sec 6. Rule of Court recognized by the Philippine
Government.
No Application for admission unless he
presents a certificate that he has satisfied • B.M 1552-A: Accreditation of Law
the Secretary of Education. Schools. The program shall be open
Rule 138 sec 5, Re: Estelito Mendoza, only to incoming
SEC. 5. Additional Requirement for 4. the year law students from the
Other Applicants. — All applicants for law schools included in the
admission other than those referred to in list approved by the Chief
the two preceding sections shall, before Justice or by the Presiding Justice
being admitted to the examination, hereinafter referred to as
satisfactorily show that they have “accredited law schools” Request
successfully completed all the prescribed for school accreditation shall
courses for the degree of Bachelor of commence upon approval of this
Laws or its equivalent degree, in a law resolution and shall end on March
school or university officially recognized 31, 2010. For this pilot phase of
by the Philippine Government or by the the program, preference shall be
given to Metro Manila-based law • Section 4. Citizens of the
schools. Philippines who marry aliens
shall retain their citizenship,
5. Application Requirements.
unless by their act or omission,
Qualified students may file
they are deemed, under the law, to
their: applications: (1) with the
have renounced it.
Office of the Chief Justice, for
Supreme Court applications;
(2) with the Presiding Justice, for • Section 5. Dual allegiance of
collegiate appellate court applicat citizens is inimical to the national
ions; or (3) directly with the interest and shall be dealt with by
intended supervising Justice. All law.
applicants are required to submit • Constitution Article XII Section
a written application for the Legal 14(2)
Apprenticeship Program, a copy • The practice of all professions in
of their curriculum vitae, a the Philippines shall be limited to
recommendation and/or Filipino citizens, save in cases
endorsement from the dean of prescribed by law.
their law school, and proof that
their law school is an accredited • RA 9225: Dual Citizenship
law school. Section 3. Retention of
Caronan v Caronan Philippine Citizenship - Any
A.C 11316 provision of law to the contrary
notwithstanding, natural-born
The Court finds Richard citizenship by reason of their
Caronan guilty of dishonesty and naturalization as citizens of a
lack of good morals. foreign country are hereby
Hence even if in the near deemed to have re-acquired
future, he does finish his studies Philippine citizenship upon taking
and become eligible to go to law the following oath of allegiance to
school, the Court still bars him
from it. His dishonesty as
the Republic:
impersonating his brother and his "I _____________________,
continues actions made the Court
believe that he lacks the
solemnly swear (or affirm) that I
qualifications to enter the Bar. will support and defend the
Constitution of the Republic of the
Philippines and obey the laws and
B. Citizenship. legal orders promulgated by the
duly constituted authorities of the
• Constitution: Article IV. Philippines; and I hereby declare
that I recognize and accept the
• Section 3. Philippine citizenship supreme authority of the
may be lost or reacquired in the Philippines and will maintain true
manner provided by law. faith and allegiance thereto; and
that I imposed this obligation
upon myself voluntarily without Section 7. Time for filing proof of
mental reservation or purpose of qualifications. — All applicants
evasion." for admission shall file with the
clerk of the Supreme Court the
Section 5. Civil and Political
evidence required by section 2 of
Rights and Liabilities - Those
this rule at least fifteen (15) days
who retain or re-acquire
before the beginning of the
Philippine citizenship under this
examination. If not embraced
Act shall enjoy full civil and
within section 3 and 4 of these
political rights and be subject to
rules they shall also file within the
all attendant liabilities and
same period the affidavit and
responsibilities under existing
certificate required by section 5,
laws of the Philippines and the
and if embraced within sections 3
following conditions:
and 4 they shall exhibit a license
(4) Those intending to evidencing the fact of their
practice their profession in admission to practice, satisfactory
the Philippines shall apply evidence that the same has not
with the proper authority been revoked, and certificates as
for a license or permit to to their professional standing.
engage in such practice; Applicants shall also file at the
and same time their own affidavits as
Epifanio Muneses to their age, residence, and
B.M 2112 citizenship.
Section 8. Notice of Applications.
Thus, in pursuance to the qualifications — Notice of applications for
laid down by the Court for the practice of law, admission shall be published by
the OBC required the herein petitioner to submit the clerk of the Supreme Court in
the original or certified true copies of the newspapers published in Pilipino,
following documents in relation to his petition:
English and Spanish, for at least
1. Petition for Re-Acquisition of Philippine ten (10) days before the beginning
Citizenship; of the examination.
2. Order (for Re-Acquisition of Philippine Section 9. Examination; subjects.
citizenship); — Applicants, not otherwise
3. Oath of Allegiance to the Republic of the
provided for in sections 3 and 4 of
Philippines;
these rules, shall be subjected to
4. Identification Certificate (IC) issued by the
Bureau of Immigration; examinations in the following
5. Certificate of Good Standing issued by the IBP; subjects: Civil Law; Labor and
6. Certification from the IBP indicating updated Social Legislation; Mercantile
payments of annual membership dues; Law; Criminal Law; Political
7. Proof of payment of professional tax; and Law (Constitutional Law, Public
8. Certificate of compliance issued by the MCLE Corporations, and Public
Office. Officers); International Law
(Private and Public); Taxation;
C. Bar Examination:
Remedial Law (Civil Procedure,
Criminal Procedure, and examiners. The subjects shall be
Evidence); Legal Ethics and distributed as follows: First day:
Practical Exercises (in Pleadings Political and International Law
and Conveyancing). (morning) and Labor and Social
Section 10. Bar examination, by Legislation (afternoon); Second
questions and answers, and in day: Civil Law (morning) and
writing. — Persons taking the Taxation (afternoon); Third day:
examination shall not bring Mercantile Law (morning) and
papers, books or notes into the Criminal Law (afternoon); Fourth
examination rooms. The questions day: Remedial Law (morning) and
shall be the same for all legal Ethics and Practical
examinees and a copy thereof, in Exercises (afternoon).
English or Spanish, shall be given Section 12. Committee of
to each examinee. Examinees examiners. — Examinations shall
shall answer the questions be conducted by a committee of
personally without help from bar examiners to be appointed by
anyone. the Supreme Court. This
Upon verified application made committee shall be composed of a
by an examinee stating that his Justice of the Supreme Court, who
penmanship is so poor that it will shall act as chairman, and who
be difficult to read his answers shall be designated by the court to
without much loss of time., the serve for one year, and eight
Supreme Court may allow such members of the bar of the
examinee to use a typewriter in Philippines, who shall hold office
answering the questions. Only for a period of one year. The
noiseless typewriters shall be names of the members of this
allowed to be used. committee shall be published in
each volume of the official
The committee of bar examiner reports.
shall take such precautions as are Section 13. Disciplinary
necessary to prevent the measures. — No candidate shall
substitution of papers or endeavor to influence any member
commission of other frauds. of the committee, and during
Examinees shall not place their examination the candidates shall
names on the examination papers. not communicate with each other
No oral examination shall be nor shall they give or receive any
given. assistance. The candidate who
Section 11. Annual examination. violates these provisions, or any
— Examinations for admission to other provision of this rule, shall
the bar of the Philippines shall be barred from the examination,
take place annually in the City of and the same to count as a failure
Manila. They shall be held in four against him, and further
days to be designated by the disciplinary action, including
chairman of the committee on bar permanent disqualification, may
be taken in the discretion of the passed regular fourth year review
court. classes as well as attended a pre-
Section 14. Passing average. — bar review course in a recognized
In order that a candidate may be law school.
deemed to have passed his
examinations successfully, he The professors of the individual
must have obtained a general review subjects attended by the
average of 75 per cent in all candidates under this rule shall
subjects, without falling below 50 certify under oath that the
per cent in any subjects. In candidates have regularly
determining the average, the attended classes and passed the
subjects in the examination shall subjects under the same
be given the following relative conditions as ordinary students
weights: Civil Law, 15 per cent; and the ratings obtained by them
Labor and Social Legislation, 10 in the particular subject.
per cent; Mercantile Law, 15 per
cent; Criminal Law; 10 per cent: D. Good Moral Character
Political and International Law,
15 per cent; Taxation, 10 per In re Al C. Argosino
B.M 712
cent; Remedial Law, 20 per cent;
Legal Ethics and Practical The Court ruled to have petitioner Al C. Argosino to
Exercises, 5 per cent. be allowed take the lawyer's oath, sign the Roll of
Section 15. Report of the Attorneys and practice the legal profession.
committee; filing of examination The Court recognizes that Argasino is not
papers. — Not later than inherently evil, On the contrary, the various
February 15th after the certifications show that he is a devout Catholic
examination, or as soon thereafter with a genuine concern for civic duties and public
as may be practicable, the service.
committee shall file its report on The Court is prepared to give him the benefit of the
the result of such examination. doubt and therefore has allowed Argosino to take
The examination papers and notes the lawyer’s oath, and sign the Roll of Attorneys.
of the committee shall be filed
with the clerk and may there be
examined by the parties in E. Law Student Practice rule
interest, after the court has
approved the report. • Rules of Court, Rule 138-A as amended
Section 16. Failing candidates to by A.M 19-03-24-SC
take review course. — Candidates
who have failed the bar ➢ Section 1. Coverage. - This rule
examinations for three times shall shall cover the limited practice of
be disqualified from taking law by students certified herein.
another examination unless they The limited practice of law covers
show the satisfaction of the court appearances, drafting and
that they have enrolled in and submission of pleadings and
documents before trial and completed their first-year law
appellate courts and quasi- courses; and/or
judicial and administrative
(b) Level 2 certification, for law
bodies, assistance in mediation
students currently enrolled for the
and other alternative modes of
second semester of their third-
dispute resolution, legal
year law courses: Provided
counselling and advice, and such
however, where a student fails to
other activities that may be
complete all their third-year law
covered by the Clinical Legal
courses, the Level 2 certification
Education Program of the law
shall be deemed automatically
school as herein provided.
revoked. The certification issued
➢ Section 3. Eligibility
shall be valid until the student has
Requirements of Law Student
completed the required number of
Practitioners. – No law student
courses in the clinical legal
shall be permitted to engage in
education program to complete
any of the activities under the
the law degree, unless sooner
Clinical Legal Education
revoked for grounds stated herein.
Program of a law school unless
the law student has applied for
and secured the following
certifications:
(a) Level 1 certification, for law
students who have successfully
F. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies or Arbitration Tribunal.
G. Restriction/Prohibition on Government Lawyers.
Chua v Castro
Saa v IBP-CBD
The operative phrase for causing
delay in any suit or proceeding under Rule The Court strongly disapprove of Atty.
1.03 is "for any corrupt motive or Venida’s blatant refusal to comply with
interest." Considering that this matter various court directives. As a lawyer, he had
concerned Atty. De Castro's state of mind, the responsibility to follow legal orders and
it absolutely behooved Chua to present processes. Yet, he disregarded this very
sufficient evidence of the overt acts
important canon of legal ethics when he filed
committed by Atty. De Castro that
only a partial comment on January 26, 1993
demonstrated his having deliberately
intended thereby to do wrong or to cause or 11 months after being directed to do so in
damage to him and his business. That the February 17, 1992 resolution. Worse, he
demonstration, however, was not made by filed his complete comment only on June 14,
Chua. 1995 or a little over three years after due
date. In both instances, he managed to delay
On the contrary, there was a clear the resolution of the case, a clear violation of
indication that the postponements of the Canon 12 and Rules 1.03 and 12.04 of the
hearing at Atty. De Castro's instance were Code of Professional Responsibility.
mostly sanctioned by the trial court, which
negated or foreclosed malice, or Yet again, Atty. Venida failed to file a
dishonesty, or deceit, or grave memorandum within the period required in
misconduct. The motions to re-set were our May 17, 2004 resolution. Despite the 30-
based on grounds such as the possibility day deadline to file his memorandum, he still
for an amicable settlement, trips abroad did not comply. As if taunting authority, he
for an emergency medical treatment, and continually ignored our directives for him to
to attend a son's graduation from the show cause and comply with the May 17,
University of California, which are not 2004 resolution.
flimsy excuses.
c. If filed by Supreme Court Judges shall carry out judicial duties with
personnel belonging to a chamber appropriate consideration for all persons, such
of an Associate Justice of the as the parties, witnesses, lawyers, court staff
Supreme Court, it shall be subject and judicial colleagues, without differentiation
to the approval of the Associate on any irrelevant ground, immaterial to the
Justice concerned, who will notify proper performance of such duties.
the Chief Justice and the Office of o Section 4
Judges shall not knowingly permit court staff or Judges shall perform all judicial duties,
others subject to his or her influence, direction including the delivery of reserved decisions,
or control to differentiate between persons efficiently, fairly and with reasonable
concerned, in a matter before the judge on any promptness.
irrelevant ground.
Section 6
Section 5
Judges shall maintain order and decorum in all
Judges shall require lawyers in proceedings proceedings before the court and be patient,
before the court to refrain from manifesting, by dignified and courteous in relation to litigants,
words or conduct, bias or prejudice based on witnesses, lawyers and others with whom the
irrelevant grounds, except such as are legally judge deals in an official capacity. Judges shall
relevant to an issue in proceedings and may be require similar conduct of legal representatives,
the subject of legitimate advocacy. court staff and others subject to their influence,
direction or control.
VI. Competence and Diligence
o Section 7
Competence and diligence are prerequisites to
the due performance of judicial office. Judges shall not engage in conduct
incompatible with the diligent discharge of
o Section 1
judicial duties.
The judicial duties of a judge take precedence
REV. Rules of Court, Rule 140 as amended by
over all other activities.
A.M 01-8-14-SC
o Section 2
SEC. 7. Classification of charges. -
Judges shall devote their professional activity to Administrative charges are classified as serious,
judicial duties, which include not only the less serious, or light.
performance of judicial functions and
responsibilities in court and the making of SEC. 8. Serious charges. - Serious charges
decisions, but also other tasks relevant to the include:
judicial office or the court's operations.
o Section 3 1. Bribery, direct or indirect;
Judges shall take reasonable steps to maintain 2. Dishonesty and violations of the Anti-
and enhance their knowledge, skills and Graft and Corrupt Practices Law (R.A.
personal qualities necessary for the proper No. 3019);
performance of judicial duties, taking
advantage for this purpose of the training and 3. Gross misconduct constituting
other facilities which should be made available, violations of the Code of Judicial
under judicial control, to judges. Conduct;
o Section 4 4. Knowingly rendering an unjust
Judges shall keep themselves informed about judgment or order as determined by a
relevant developments of international law, competent court in an appropriate
including international conventions and other proceeding;
instruments establishing human rights norms.
5. Conviction of a crime involving moral
o Section 5 turpitude;
6. Willful failure to pay a just debt; 4. Undue delay in the submission of
monthly reports.
7. Borrowing money or property from
lawyers and litigants in a case pending SEC. 11. Sanctions. - A. If the respondent is
before the court; guilty of a serious charge, any of the following
sanctions may be imposed:
8. Immorality;
1. Dismissal from the service, forfeiture
9. Gross ignorance of the law or of all or part of the benefits as the Court
procedure; may determine, and disqualification from
reinstatement or appointment to any
10. Partisan political activities; and public office, including government-
owned or controlled corporations.
11. Alcoholism and/or vicious habits. Provided, however, that the forfeiture of
benefits shall in no case include accrued
SEC. 9. Less Serious Charges. - Less serious leave credits;
charges include:
2. Suspension from office without salary
1. Undue delay in rendering a decision or and other benefits for more than three (3)
order, or in transmitting the records of a but not exceeding six (6) months; or
case;
3. A fine of more than P20,000.00 but
2. Frequently and unjustified absences not exceeding P40,000.00
without leave or habitual tardiness;
B. If the respondent is guilty of a less serious
3. Unauthorized practice of law; charge, any of the following sanctions shall be
imposed:
4. Violation of Supreme Court rules,
directives, and circulars; 1. Suspension from office without salary
and other benefits for not less than one
5. Receiving additional or double (1) nor more than three (3) months; or
compensation unless specifically
authorized by law; 2. A fine of more than P10,000.00 but
not exceeding P20,000.00.
6. Untruthful statements in the certificate
of service; and C. If the respondent is guilty of a light charge,
any of the following sanctions shall be imposed:
7. Simple Misconduct.
1. A fine of not less than P1,000.00 but
SEC. 10. Light Charges. - Light charges not exceeding P10,000.00 and/or
include:
2. Censure;
1. Vulgar and unbecoming conduct;
3. Reprimand;
2. Gambling in public;
4. Admonition with warning.
3. Fraternizing with lawyers and litigants
with pending case/cases in his court; and
SEC. 12. Confidentiality of proceedings. - evidence presented by the parties and the other
Proceedings against Judges of regular and papers in the case.
special courts and Justices of the Court of
Section 5. Action - After the filing of the report,
Appeals and the Sandiganbayan shall be private
the court will take such action as the facts and
and confidential, but a copy of the decision or
the law may warrant.
resolution of the court shall be attached to the
record of the respondent in the Office of the Section 6. Confidential. - Proceedings against
Court Administrator. judges of first instance shall be private and
confidential.
Judicial Discipline and Clemency
• RULE 140
Charges Against Judges of First Instance
End.
Section 1. Complaint - All Charges against
judges of first instance shall be in writing and
shall set out distinctly, clearly, and concisely
the facts complained of as constituting the
alleged serious misconduct or inefficiency of the
respondent, and shall be sworn to and
supported by affidavits of persons who have
personal knowledge of the facts therein alleged,
and shall be accompanied with copies of
documents which may substantiate said facts.
Section 2. Service or dismissal. - If the charges
appear to merit action, a copy thereof shall be
served upon the respondent, requiring him to
answer within ten (10) days from the date
service. If the charges do not merit action, or if
the answer shows to the satisfaction of the court
that the charges are not meritorious, the same
shall be dismissed.
Section 3. Answer; hearing. - Upon the filing of
respondents answer or upon the expiration of
the time for its filing, the court shall assign one
of its members, a Justice of the Court of
Appeals or a judge of first instance to conduct
the hearing of the charges. The Justice or judge
so assigned shall set a day for the hearing, and
notice thereof shall be served on both parties.
At such hearing the parties may present oral or
written evidence.
Section 4. Report - After the hearing, the
Justice or judge shall file with the Supreme
Court a report of his findings of fact and
conclusions of law, accompanied by the