up 2010 legal ethics

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LEGAL ETHICS AND FORMS REVIEWER Table of Contents

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LEG L ETHI S

Table of Contents

Chapter I. Legal Profession.............................3I. Supervision and Control........................3II. Practice of Law......................................3III. Admission to Practice............................4

1. Citizenship .............................................52. Residence..............................................53. Age ........................................................54. Good Moral Character...........................55. Legal Education.....................................56. Bar Examinations ..................................67. Lawyers Oath........................................7

IV. Qualifications for Practice .....................71. Law Students.........................................72. Agent .....................................................83. Self-representation ................................8

V. Prohibition from Practice.......................8VI. Notarial Practice ....................................9

Chapter II. Code of ProfessionalResponsibility.................................................11

I. Legal Ethics.........................................11II. Lawyers Duties to Society..................12

Canon 1 ...................................................12Canon 2 ...................................................13Canon 3 ...................................................16Canon 4 ...................................................19Canon 5 ...................................................19Canon 6 ...................................................20

III. Lawyers Duties to the Legal Profession22

Canon 7 ...................................................22

Canon 8 ...................................................23Canon 9 ...................................................25

IV. Lawyers Duties to the Courts .............27Canon 10 .................................................27Canon 11 .................................................28Canon 12 .................................................29Canon 13 .................................................32

V. Lawyers Duties to the Client ..............33Canon 14 .................................................33Canon 15 .................................................34Canon 16 .................................................36Canon 17 .................................................38Canon 18 .................................................39

Canon 19 .................................................40Canon 20 .................................................41Canon 21 .................................................43Canon 22 .................................................48

Chapter III. Discipline of Lawyers.................50I. Liabilities of Lawyers...........................50II. Power to Discipline Errant Lawyers ....50

A. Forms of Disciplinary Measures ..... 50B. Suspension and Disbarment...........51

C. Procedure for Suspension or Disbarment of Attorneys by the IBP ........52D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by

the Supreme Court Motu Propio .............52E. Imposition of Penalties in theSupreme Court........................................52

III. Modifying Circumstances.................... 53A. Mitigating Circumstances ............... 53B. Aggravating Circumstances............53C. Effect of Executive Pardon ............. 53

IV. Reinstatement.....................................53

Chapter IV. Code of Judicial Conduct ........55I. Independence ..................................... 55II. Integrity ............................................... 57III. Impartiality...........................................57IV. Propriety..............................................59V. Equality ............................................... 61VI. Competence and Diligence.................61

Chapter V. Discipline of Judges ..................63I. Liabilities of Judges.............................63II. Discipline of Members of the Bench ...63

Annexes ..........................................................65Indigent Clients............................................65

A. A.M. No. 04-2-04-SC ...................... 65B. RA 6033..........................................65C. RA 6034..........................................66D. RA 6035..........................................66

E. PD 543............................................67F. A.M. No. 08-11-7-SC (IRR) ............68

Special Law on Retired Justices and Judges.....................................................................73Law on Obstruction of Justice .....................752004 Rules on Notarial Practice..................76BAR MATTER NO. 850 ...............................85[October 02, 2001].......................................85BM No. 2012................................................91Rule on Mandatory Legal Aid Service .........91B.M. No. 1153..............................................94Republic Act No. 9999.................................95Republic Act No. 6713.................................97

Republic Act No. 3019.................................97A.M. No. 02-9-02-SC ................................... 99A. M. No. 00-8-10-SC .................................. 99B.M. No. 2012............................................100Rule 138-A................................................. 104Presidential Decree No. 1829....................104


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LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION

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Chapter I. Legal Profession

LEGAL PROFESSION

Definition: A group of learned men and womenpursuing a learned art as a common calling inthe spirit of public service.OrganizationLearned art

Public service

I. Supervision and Control

Regulated by the Supreme Court (SC), not bythe Professional Regulatory Commission unlikeall other professions.

S ta tu to r y B a s i s

1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5.The SC has the power to promulgate rulesconcerning pleading, practice, and procedure inall courts, and the admission to the practice oflaw.

SC has the inherent power to integrate the bar inthe exercise of the power to promulgate rules ofthe judiciary, including admission to the practiceof law, and to the Integrated Bar. (In the matterof the Integration of the Integrated Bar of thePhilippines, January 9, 1973)

BARRefers to the whole body of attorneys andcounselors, collectively, the members of thelegal profession

BENCHDenotes the whole body of judge

II. Practice of Law

Definition: any activity, in or out of court, whichrequires the application of law, legal procedure,knowledge, training and experience. It is to givenotice or render any kind of service, whichdevice or service requires the use in any degreeof legal knowledge or skill. (Cayetano v.Monsod, GR. 100113, September 3, 1991)

Activity in or out of court

Application of legal knowledge or skill

Padilla (dissent in Cayetano v. Monsod): Thereare four factors which determine the practice oflaw. (HACA)

1. Habituality customarily or frequentlyholding ones self out to the public as alawyer

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LEGAL ETHICS TEAM

Prof. Concepcion JardelezaFaculty Editor

Giselle MauhayLead Writer

Aggie DorotanRaish Rojas

Althea OjaminalKriska Chen

Alex Dela CruzJian BollerIvan Palpagan

Gianna De JesusGene Lopez

Venus AmbronaCharles Icasiano

Mae Acha

Dino RegalarioRay VelascoMacri ReyesJopet Go

Cuayo JuicoSam SyRanx RoxasAnnie AlmojuelaDiana DyDimitri RoledaRai AlimanSharey Lucman

riters

LEGAL ETHICS and FORMS

Francesse Joy CordonSubject Editor

ACADEMICS COMMITTEE

Kristine BongcaronMichelle Dy

Patrich LeccioEditors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat HernandezViktor Fontanilla

Romualdo Menzon Jr.Rania Joya

LECTURES COMMITTEE

Michelle AriasCamille MarananAngela Sandalo

Heads

Katz ManzanoSam Nuez

Arianne Cerezo

Mary Rose BeleyKrizel MalabananMarcrese Banaag

olunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill HernandezHead

Loraine MendozaMary Mendoza

Faye CelsoJoie Bajo

Members


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2. Application of law, legal principles, practice,or procedure calls for legal knowledge,training and experience

3. Compensation his professional servicesare available to the public for compensation,as a service of his livelihood or inconsideration of his said services

4. Attorney-client relationship hence forPadilla, teaching law or writing law booksare not considered as practice of law.

Giving advice for compensation regarding thelegal status and rights of another and for onesconduct with respect thereto constitutes practiceof law. (Ulep v. Legal Clinic, Bar Matter No. 553,June 17, 1993)

Persons entitled to practice law are those whoare licensed as members of the Bar; or hereaftermaybe licensed as such in accordance with theprovisions of the Rules of Court and who are in

good and regular standing. (Rules of Court, Rule13, Section 1)

III. Admission to Practice

The constitutional power to admit candidates tothe legal profession is a judicial function andinvolves exercise of discretion (In re: Almacen,31 SCRA 562,1970)

The power of the Supreme Court to regulate thepractice of law includes:(1) authority to define the term [practice](2) prescribe the qualifications of a candidate to

and the subjects of the bar examinations(3) decide who will be admitted to practice(4) discipline, suspend or disbar any unfit and

unworthy member of the bar(5) reinstate any disbarred or indefinitely

suspended attorney(6) ordain the integration of the Philippine Bar(7) punish for contempt any person for

unauthorized practice of law and(8) in general, exercise overall supervision of

the legal profession

Congress has no power to regulate the bar

(admission to practice). However, in the exerciseofpolice power it may enact laws regulating thepractice of law to protect the public. (In reCunanan)

The Bar Flunkers Act of 1953 (RA 972) wasdeclared partially unconstitutional becauseencroached upon the powers granted by theConstitution to the SC in determining the

admission of bar examinees to the bar byusurping such power through a legislative act.

The [Act] is not a legislation; it is ajudgmentthe law passed by Congress on thematter is of permissive character, merely to fixthe minimum conditions for the license. (In reCunanan, 94 Phil 534 (1954))

Sharia lawyers are not considered attorneys.

The SC has declared that persons who passthe Sharia Bar are not full-fledged membersof the Philippines Barhence may practice onlybefore Sharia courts. While one who has beenadmitted to the Sharia Bar, and one who hasbeen admitted to the Philippine Bar, may both beconsidered as counselors, in the sense thatthey give counsel or advice in a professionalcapacity, only the latter is an attorney. (Alawi v.

Alauya, A.M. SDC-97-2-P. February 24, 1997)

ATTORNEY

Officers of the courts, empowered to appear,prosecute and defend, and upon whom peculiarduties, responsibilities and liabilities aredeveloped by law as a consequence. (Cui v. Cui,120 Phil. 729)

BARRISTERIn England, a person entitled to practice law asan advocate or counsel in superior court.

SOLICITORIn England, a person prosecuting or defendingsuits in Courts of Chancery. In the Philippines, a

government lawyer attached with the Office ofthe Solicitor General.

NOTARY PUBLICA public officer authorized by law to certifydocuments, take affidavits, and administeroaths. Under the 2004 Rules on NotarialPractice, all notaries must be lawyers.

REQUIREMENTS FOR ADMISSION TOPRACTICE (CRAGEBO)

CitizenshipResidenceAge (above 21 yrs)Good Moral Character and no charges

involving moral turputideLegalEducation (pre-law, law proper)Bar ExaminationsLawyersOath


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1. Citizenship

Statutory Basis1987 Constitution, Art. XII, Sec. 14. The practiceof all professions in the Philippines shall belimited to Filipino citizens, save in casesprescribed by law.Rules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the barmust be a citizen of the Philippines

RationaleCitizenship ensures allegiance to the republicand its laws.

A Filipino citizen admitted to the Philippine Barmust maintain such citizenship to remainqualified for the practice of law in this country.(In Re Arthur Castillo Reyes (1993))

2. Residence

Statutory BasisRules of Court, Rule 138, Sec. 2. Every

applicant for admission as a member of the barmust be be a resident of the Philippines

RationaleBecause his/her duties to his client and to thecourt will require that he be readily accessibleand available

3. Age

Statutory BasisRules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the barmust be at least twenty-one years of age

RationaleBecause maturity and discretion are required inthe practice of law

4. Good Moral Character

Statutory BasisRules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the barmust be of good moral character and mustproduce before the Supreme Court satisfactoryevidence of good moral character, and that nocharges against him, involving moral turpitude,

have been filed or are pending in any court inthe Philippines.

Good moral character is a continuingqualification required of every member of theBar, it is not only a qualification precedent to thepractice of law. (Narag v. Narag, 291 SCRA 451,June 29, 1998)

Definitions:Absence of a proven conduct or act which hasbeen historically and traditionally considered asa manifestation of moral turpitude. The act orconductneed not amount to a crime; and even ifit does constitute an offense, a conviction upon acriminal charge is not necessary to demonstratebad moral character although it may show moraldepravity. (Agpalo)

Qualities of truth-speaking, a high sense ofhonor, full candor, intellectual honesty, and thestrictest observance of fiduciary responsibility.(Frankfurter)

Good moral character includes at least commonhonesty. Deception and other fraudulent acts arenot merely unacceptable practices that aredisgraceful and dishonorable, they reveal abasic moral flaw. (Olbes v. Deciembre, 457SCRA 341)

Question of moral turpitude is for SC to decide,which is why applicants are required to disclose

any crime which they have been charged.Concealment or withholding from the courtinformation about charges and indictments is aground for disqualification of applicant or forrevocation of license. (Agpalo)

SC may deny lawyers oath-taking based on aconviction for reckless imprudence resulting inhomicide (hazing case). But after submission ofevidence and various certifications he may nowbe regarded as complying with the requirementsof good moral characterhe is not inherently ofbad moral fiber. (In Re: Argosino, A.M. No. 712

July 13, 1995; B.M. No. 712 March 19, 1997)

5. Legal Education

Pre-Law

Statutory BasisRules of Court, Rule 138, Sec. 6. A bachelorsdegree in arts or sciences with any of thefollowing subjects as major or field of concentration: political science, logic, English,Spanish, History and Economics.

A college degree must first be obtained beforestudying law. Otherwise, one will not be qualifiedto take the bar examinations. (In re TelesforoDiao, 1963)

Law Proper

Statutory BasisRules of Court, Rule 138, Sec. 5 and 6. Allapplicants for admissionshall, before beingadmitted to the examination, satisfactorily show


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that they have regularly studied law for fouryears, and successfully complete all prescribedcourses, in a law school or university, officiallyapproved and recognized by the Secretary ofEducation.

Must have completed courses in:Civil LawCommercial LawRemedial Law

Public International LawPrivate International LawPolitical LawLabor and Social LegislationMedical JurisprudenceTaxationLegal Ethics

Graduates of foreign law schools beginning1994 shall not be allowed to take the barexaminations since they cannot present thecertifications required under sections 5 and 6 ofRule 138. (Re: Application of Adriano M.Hernandez, 1993)

6. Bar Examinations

Statutory Basis:Rules of Court, Rule 138.

a. WHEN TO FILE FOR PERMIT (Sec. 7) Atleast 15 days before the beginning of theexamination. Applicants must submitaffidavits of age, residence, citizenship, legaleducation.

Notice (Sec. 8) Notice of applications foradmission shall be published by the clerk ofthe Supreme Court in newspapers published

in Filipino, English and Spanish, for at least10 days before the beginning of theexamination.

b. CONDUCT OF EXAM (Sec. 10) Questionswill be in English or Spanish, to beanswered in writing by examines. No oralexaminations. If penmanship is poor, SCmay allow upon verified application the useof a noiseless typewriter.

Committee will take all precautions toprevent the substitution of papers orcommission of other frauds. No papers,books or notes allowed into the examinationrooms. Examinees shall not place theirnames on the examination papers.

c. WHEN AND WHERE TO TAKE EXAM (Sec.11) In four days designated by barexaminer, annually (in September) and inthe city of Manila.

d. SUBJECTS (Sec. 9 & 11)

1st day

Political (Constitutional Law,Public Corporations and PublicOfficers) and InternationalLaw(Private and Public)(morning)

Labor and Social Legislation(afternoon)

2nd day Civil Law (morning)

Taxation (afternoon)

3rd day Mercantile Law (morning)

Criminal Law (afternoon)

4th day

Remedial Law (morning)* consists of Civil Procedure,Criminal Procedure andEvidence

Legal Ethics and PracticalExercises (in Pleading andConveyancing) (afternoon)

Passing averagE (Sec. 14) A generalaverage of 75 % in all subjects, withoutfalling below 50 % in any subject.

Relative weights:

Civil Law 15 %

Labor and Social Legislation 10 %

Mercantile Law 15 %

Criminal Law 10 %

Political and International Law 15 %

Taxation 10 %

Remedial Law 20 %

Legal Ethics and Practical Exercises 5 %

e. WHO MAKES THE EXAM (Sec. 12): Onemember of the Supreme Court acts asChairman, plus eight members of the barwho act as examiners who hold office forone year. Beginning in 2009, there will betwo examiners per subject.

The Bar Confidant acts as a sort of liaisonofficer between the court and the BarChairman on the other hand, and theindividual members of the committee on theother. He is at the same time a deputy clerkof court.

The names of the members of thiscommittee shall be published in each

volume of the official reports.

f. RESULTS (Sec. 15) Committee must fileits report on the results not later thanFebruary 15th after the examination, or assoon thereafter as may be practicable.

g. FLUNKERS (Sec. 16) Retakers mustapply again. Candidates who have failed thebar examinations for three times shall bedisqualified from taking another examination


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unless they show proof of reenrollment andsuccessful completion of regular fourth yearreview classes as well as attended a pre-barreview course in a recognized law school.

The professors of the individual reviewsubjects under this rule shall certify underoath that the candidates have regularlyattended classes and passed the subjectsunder the same conditions as ordinary

students and the ratings obtained by them inthe particular subject.

h. DISCIPLINE (Sec. 13)

No candidate shall endeavor to influenceany member of the committee. Duringexamination the candidates shall notcommunicate with each other and shall notgive or receive anyassistance.

Violators will be punished bydisqualification, counted as a failure.Further disciplinary action, includingpermanent disqualification, may be taken in

the discretion of the court.

i. BAR EXAM AS CIVIL SERVICEELIGIBILITY The law makes passing thebar examination equivalent to a first gradecivil service eligibility for ay position in theclassified service in the government theduties of which require knowledge of law, ora second grade civil service eligibility for anyother government position which does notprescribe proficiency in law as aqualification.

First grade civil service eligibility for anypositionSecond grade civil service eligibility forposition which does not prescribeproficiency in law

7. Lawyers Oath

Statutory BasisRules of Court, Sec. 17. An applicant who haspassed the required examination, or has beenotherwise found to be entitled to admission tothe bar, shall take and subscribe before theSupreme Court an oath of office. Form 28 of the

Judicial Standard Forms prescribes the followingoath to be taken by the applicant:

I, _____, do solemnly swear that I willmaintain allegiance to the Republic of thePhilippines.

I will support and defend its Constitution andobey the laws as well as the legal orders ofthe duly constituted authorities therein;

I will do no falsehood nor consent to thedoing of any in court;

I will not wittingly or willingly promote or sueany groundless, false or unlawful suit norgive aid nor consent to the same;

I will delay no man for money or malice, andwill conduct myself as a lawyer according tothe best of my knowledge and discretion withall good fidelity as well to the court as to myclients; and

I impose upon myself this obligationvoluntarily, without any mental reservation orpurpose of evasion.

So help me God.

The lawyers oath is not a mere ceremony orformality for practicing law. Every lawyer shouldat all times weigh his actions according to thesworn promises he makes when taking thelawyers oath. If all lawyers conducted

themselves strictly according to the lawyersoath and the Code of Professional responsibility,the administration of justice will undoubtedlyfairer, faster and easier for everyone concerned.(In Re: Argosino, 270 SCRA 261997)

By taking the lawyers oath, a lawyer becomesthe guardian of truth and the rule of law and anindispensable instrument in the fair and impartialadministration of justice. (Olbes v. Deciembre,

A.C. No. 5365 (April 2005)

IV. Qualifications for Practice

Statutory BasisRules of Court, Rule 138, Sec. 1. Any personduly admitted as a member of the bar, orhereafter admitted as such in accordance withthe provisions of this rule, and who is in goodand regular standing, is entitled to practice law.

General Rule:Members of the Bar

Exceptions:(1) Law students(2) By an agent/friend(3) By person

1. Law Students

Statutory BasisRules of Court, Rule 138-A or the Law StudentPractice Rule

Qualifications of Students who may Appear inCourt:Third year standingEnrolled in a recognized law schools legal


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education program approved by the SupremeCourt, without compensation in any civil, criminalor administrative case before any trial court,tribunal, board or officer, to represent indigentclients accepted by the legal clinic of the lawschoolUnder direct supervision and control of amember of the IBP duly accredited by the lawschool. Any and all pleadings, motions, briefs,memoranda or other papers must be signed bythe supervising attorney for and in behalf of thelegal clinic.

Rule 138, Sec. 34. A law student may appearinhis personal capacity without the supervision ofa lawyer in inferior courts.

Direct Supervision and ControlRequires no less than the physical presence ofthe supervising lawyer during the hearing.

In Re: Need That Law Student Practicing UnderRule 138-A Be Actually Supervised During Trial(1997)

A law student appearing before the RTC underRule 138-A should at all times be accompaniedby a supervising lawyer.

2. Agent

Statutory BasisRules of Court, Rule 138, Sec. 34. In suchcases, no attorney-client relationship exists; nothabitual. An agent is usually appointed or afriend chosen in a locality where a licensedmember of the bar is not available.

Civil a party in a civil suit may conduct his

litigation either personally or by attorney unlessthe party is a juridical person.

Allowed in MTC, RTC, appellate court.

Criminal in a locality where a lawyer isunavailable, a judge may appoint a non-lawyerwho is a resident of the province, and of goodrepute for probity and ability to defend theaccused.

Allowed up to MTC-level only.

Administrative tribunals only if theyrepresent their organization or members. NLRC,cadastral courts, etc.

Limitations:

non-adversarial contentions

not habitually rendered

not charge for payment

For the government any person appointed toappear for the government of the Philippines inaccordance with law

3. Self-representation

Statutory BasisRules of Court, Rule 138, Sec. 34. A person mayrepresent himself before any court. He is boundby the same rules in conducting the trial of hiscase. He cannot, after judgment, claim that hewas not properly represented.

Rule 115, Sec 1 (c) provides that an accused

may waive his right to counsel but if he cannotprotect his rights without the assistance of acounsel, the Court should advise him to secure acounsel de parte or appoint a counsel de officioto represent him.

Counsel de officioA counsel, appointed or assigned by the court,from among members of the Bar in goodstanding who, by reason of their experience andability, may adequately defend the accused.

Counsel de parteA counsel employed or retained by the party, or

the accused

RIGHT TO COUNSEL: Absolute and immutable.However, his option to secure the services ofcounsel de parte is not absolute. The trial courtmay restrict his option to retain a counsel de

parte if a) the accused insists on an attorney hecannot afford b) chosen counsel is not a lawyeror c) the attorney declines to represent theaccused for a valid reason, in which case thetrial court can appoint his counsel de oficio torepresent him.

In a democratic and civilized country where the

rights of a person are determined in accordancewith established rules, the employment of aperson acquainted with those rules becomes anecessity both to the litigants and to the Court. Aparty litigant needs the assistance of counsel inall proceedings, administrative, civil or criminal.(Agpalo)

V. Prohibition from Practice

RELATIVE PROHIBITION

1. Senators and members of the House ofRepresentatives (prohibition to appear) (ArtVI, Sec. 14, 1987 Constitution)

2. Members of the Sanggunian (RA No. 7160,Sec. 91)

ABSOLUTE PROHIBITION

1. Judges and other officials as employees ofthe Superior Court (Rule 148, Sec. 35, RRC)

2. Officials and employees of the OSG3. Government prosecutors (People v.


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Villanueva, 14 SCRA 109)4. President, Vice-President, members of the

cabinet, their deputies and assistants, (Art.VIII Sec. 15, 1987 Constitution)

5. Chairmen and Members of theConstitutional Commissions (Art. IX-A, Sec.2, 1987 Constitution)

6. Ombudsman and his deputies (Art. IX, Sec.8 (2nd par.), 1987 Constitution)

7. Solicitor general and assistant solicitorgenerals

8. All governors, city and municipal mayors(R.A. No. 7160, Sec. 90)

9. Those who, by special law, are prohibitedfrom engaging in the practice of their legalprofession

SPECIAL RESTRICTIONS

1. Retired judges (RA 910, Sec. 1, asamended)

A retired justice or judge receiving a pensionfrom the government, cannot act as counsel

in any civil case in which the Government, orany of its subdivision or agencies is theadverse party or in a criminal case whereinan officer or employee of the Government isaccused of an offense in relation to hisoffice.

REMEDIES AGAINST UNAUTHORIZEDPRACTICE

Petition for InjunctionDeclaratory ReliefContempt of CourtDisqualification and complaints for disbarment

Criminal complaint for estafa who falselyrepresented to be an attorney to the damageparty

VI. Notarial Practice

NOTARY PUBLIC or a notary is any personcommissioned to perform official acts

acknowledgements;

oaths and affirmations;

jurats;

signature witnessing;

copy certifications; and

any other act authorizes in the rules

PurposeTo verify the personal appearance of affiant andthe genuineness of signature

To authenticate document and verify dueexecution, making document admissible inevidence without proof of authenticity.

Notarization is not an empty, meaningless,routinary act. It is invested with substantivepublic interest, such that only those who arequalified or authorized may act as notariespublicA notarial document is by law entitled tofull faith and credit upon its face. Courts,administrative agencies and the public atlarge must be able to rely upon theacknowledgement executed by a notarypublic. (Baylon v. Almo, A.C. No.6962, June 25, 2008)

Qualifications of a Notary Public

citizen of the Philippines

over 21 years of age

resident of the Philippines for at least oneyear and maintains a regular place of workor business

member of the Philippine Bar in goodstanding, with clearances from the BarConfidant of the SC and the IBP

no conviction for any crime involving moralturpitude

(Hence all notaries are lawyers but not alllawyers are notaries.)

COMMISSIONA notarial commission is granted by anexecutive judge after petition of the lawyer, andis good for two years. Every petition undergoesa hearing and approved after

petition is proven sufficient in form andsubstance

petitioner proves allegations in petition

petitioner establishes to the satisfaction ofthe court that he has read and understoodthe Rules on Notarial Practice

AUTHORITY OF THE NOTARYTo certify signature and to sign in behalf of anaffiant.

A notary is authorized to certify the affixing ofa signature by thumb or other mark on aninstrument or document presented if:

the thumb or other mark is affixed inpresence of notary and two disinterestedwitnesses

both witnesses affix their own mark

the affiant and witnesses personally presentID with picture, oath of witnesses known tothe individuals, and residence certificates, ifnot personally known

the notary writes: Thumb or other markaffixed by ___ in the presence of ____ andundersigned notary public.

notary public notarizes the signatures ormarks through an acknowledgment, jurat orsignature witnessing


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A notary public authorized to sign on behalf ofa person unable to signif:

he is directed by the person unable to signor make a mark

the signature of the notary is affixed in thepresence of two disinterested witnesses

both witnesses sign their own names

the affiant and witnesses personally presentID with picture, oath of witnesses known to

the individuals, and residence certificates, ifnot personally known

the notary writes: Signature affixed bynotary in the presence of ____.

notary public notarizes the signatures ormarks through an acknowledgment or jurat

What can be notarized

GENERAL RULE: A notary can notarize anydocument, upon request of affiant. Notarizationof document must be at the notary publicsregular place of work.

Exception:

1. Irregularity in place - if it is outside of histerritorial jurisdiction

Exceptions:(1) in public offices, convention halls and

other places where oaths of office areadministered

(2) public function areas in hotels andsimilar areas used for the signing ofinstruments or documents requiringnotarization

(3) hospitals and other medical institutionswhere a part to an instrument isconfined for treatment

(4) any place where a party to theinstrument requiring notarization isunder detention

2. Irregularity in person

Disqualifications:(1) if notary is personally a party to the

instrument(2) if he will receive as an indirect and direct

result any commission, fee, advantage,right, title, interest, cash, property, orother consideration in excess of what isprovided in these rules

(3) if notary is a spouse, common-lawpartner, ancestor, descendant, orrelative by affinity or consanguinity ofthe principal up to the fourth degree

Mandatory refusal to notarize

If the transaction is unlawful or immoral

If the signatory shows signs that he does notunderstand consequences of the act, per thenotarys judgmentIf the signatory appears not to act of his own freewill, per the notarys judgment

NOTARIAL REGISTERA chronological official notarial register ofnotarial acts consisting of a permanently boundbook with numbered pages. There must only be

one active register ay any given time.

Required entries:

entry number and page number

date and time of day

type of notarial act

title or description of document

name and address of each principal

competent evidence of identity

name and address of each credible witness

fee charged

address where the notarization wasperformed, if not the notarys regular place

of business any other circumstance of significance

Official signature signed by hand, not byfacsimile stamp or printing device, and at thetime of the notarization

Official seal two-inch diameter seal with thewords Philippines, attorneys name at themargin and the roll of attorneys number.

For vendors, the sale of the seal may only beupon judicial authority, for a period of 4 years.

For buyers, a certified copy of the commission isnecessary for purchase. One seal per certificate.

The act of a lawyer notarizing a Special Powerof Attorney knowing that the person whoallegedly executed it is dead is a seriousbreach of the sacred obligation imposed uponhim by the Code of Professional Responsibility,specifically Rule 1.01 of Canon 1. (Sicat v.

Arriola, 456 SCRA 93 (2005))

A lawyer is guilty of misconduct in theperformance of his duties if he fails to registerin his notarial register the affidavits-complaints

which were filed in an administrative case beforethe Civil Service Commission. (Aquino v.Pascua, 539 SCRA 1 (2007))


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LEGAL ETHICS AND FORMS REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

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Chapter II. Code of ProfessionalResponsibility

I. LEGAL ETHICSDUTIES OF A LAWYER

II. LAWYERS DUTIES TO SOCIETYA. CANON 1: Promote And Respect The Law

And Legal ProcessB. CANON 2: Provide Efficient And Convenient

Legal ServicesC. CANNON 3: Information On Legal Services

That Is True, Honest, Fair And DignifiedD. CANON 4: Support For Legal Reforms And

Administration Of JusticeE. CANON 5:Participate In Legal EducationF. CANON 6:Government Lawyers

III. LAWYERS DUTIES TO THE LEGALPROFESSIONA. CANON 7: Uphold Dignity And Integrity In

The ProfessionB. CANON 8: Courtesy, Fairness, Candor

Towards Professional ColleaguesC. CANON 9:Unauthorized Practice Of Law

IV. LAWYERS DUTIES TO THE COURTS

A. CANON 10: Observe Candor, Fairness AndGood FaithB. CANON 11: Respect Courts And Judicial

OfficersC. CANON 12: Assist In Speedy And Efficient

Administration Of JusticeD. CANON 13: Refrain From Act Giving

Appearance Of InfluenceV. LAWYERS DUTIES TO THE CLIENT

A. CANON 14:Service To The NeedyB. CANON 15: Observe Candor, Fairness,

LoyaltyC. CANON 16: Hold In Trust Clients Moneys

And PropertiesD. CANON 17:Trust And Confidence

E. CANON 18:Competence And DiligenceF. CANON 19:Representation With ZealG. CANON 20:Attorneys FeesH. CANON 21:Preserve Clients ConfidenceI. CANON 22: Withdrawal Of Services For

Good Cause Valid Ground For Refusal

I. Legal Ethics

Definition: Body of principles by which theconduct of members of the legal profession iscontrolled.

It is that branch of moral science which treats of

the duties which an attorney at law owes to hisclients, to the courts, to the bar and to the public.(G.A. Malcolm, Legal and Judicial Ethics 8,1949)

Duties of a Lawyer

Statutory basis: Rule 138, Sec. 20

1) To maintain allegiance to the Republic of thePhilippines and to support the Constitutionand obey the laws of the Philippines;

2) To observe and maintain the respect due tothe courts of justice and judicial officers;

3) To counsel or maintain such actions orproceedings only as appear to him to be

just, and such defenses only as he believesto be honestly debatable under the law;

4) To employ, for the purpose of maintainingthe causes confided to him, such meansonly as are consistent with truth and honor,and never seek to mislead the judge or any

judicial officer by an artifice or falsestatement of fact or law;

5) To maintain inviolate the confidence, and atevery peril to himself, to preserve thesecrets of his client, and to accept nocompensation in connection with his client'sbusiness except from him or with hisknowledge and approval;

6) To abstain from all offensive personality andto advance no fact prejudicial to the honor or

reputation of a party or witness, unlessrequired by the justice of the cause withwhich he is charged;

7) Not to encourage either the commencementor the continuance of an action or proceeding, or delay any man's cause, fromany corrupt motive or interest;

8) Never to reject, for any considerationpersonal to himself, the cause of thedefenseless or oppressed;

9) In the defense of a person accused of crime,by all fair and honorable means, regardlessof his personal opinion as to the guilt of the

accused, to present every defense that thelaw permits, to the end that no person maybe deprived of life or liberty, but by dueprocess of law.

PUBLIC DUTY as attorneys are faithfulassistants of the court in search of a just solutionto disputes

A counsel de officio is expected to rendereffective service and to exert his best efforts onbehalf of an indigent accused. He has a highduty to the poor litigant as to a paying client. Heshould have a bigger dose of social conscience

and a little less of self interest. (Agpalo)

PRIVATE DUTY as attorneys operate as atrusted agent of his client

A private prosecutor may intervene in theprosecution of a criminal action when theoffended party is entitled to indemnity and hasnot waived expressly, reserved or instituted thecivil action for damages.


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In case of heavy work schedule of the publicprosecutors, the private prosecutor may beauthorized in writing by the Chief of theProsecution Office or the Regional StateProsecution to prosecute the case subject to theapproval of the Court.

Once so authorized to prosecute the criminalaction, the private prosecutor shall continue to

prosecute the case up to the end of the trialeven in the absence of a public prosecutor,unless the authority is revoked or otherwisewithdrawn. (Rule 110, Sec. 5, ROC, as amendedper A.M. No. 02-2-07-SC, May 1, 2002)

FOUR-FOLD DUTIES OF A LAWYER(Per the Code of Professional Responsibility)

1) Duties to Society

should not violate his responsibility tosociety

exemplar for righteousness

ready to render legal aid

foster social reforms

guardian of due process

aware of special role in the solution ofspecial problems and be always readyto lend assistance in the study andsolution of social problems

2) Duties to the Legal Profession

candor

fairness

courtesy and truthfulness

avoid encroachment in the business ofother lawyers

uphold the honor of the profession

3) Duties to the Court

respect or defend against criticisms

uphold authority and dignity

obey order and processes

assist in the administration of justice

4) Duties to the Client

entire devotion to clients interest

II. Lawyers Duties to Society

Canon 1

A lawyer shall uphold the constitution,obey the laws of the land and promoterespect for law of and legal processes.

Rule 1.01 - A lawyer shall not engage inunlawful, dishonest, immoral or deceitfulconduct.

UNLAWFUL CONDUCT

An act or omission which is against the law.Dishonesty involves lying or cheating. (Agpalo)

IMMORAL OR DECEITFUL CONDUCTThat which is willful, flagrant or shameless and whichshows a moral indifference to the opinion of the goodand respectable members of the community. (Aguirre)

MORAL TURPITUDEIncludes everything which is done contrary to justice,

honesty, modesty, or good morals. It involves an actof baseness, vileness, or depravity in the privateduties which a man owed his fellowmen, or to societyin general, contrary to the accepted and customaryrule of right and duty between man and woman, orconduct contrary to justice, honesty, modesty, or goodmorals. (Barrios v. Martinez, 442 SCRA 324 (2004))

E.g. crimes of murder, estafa, rape, violation of BP 22,bribery, bigamy, adultery, seduction, abduction,concubinage, smuggling

Immorality connotes conduct that showsindifference to the moral norms of society.For such conduct to warrant disciplinary

action, the same must be grossly immoral, itmust be so corrupt and false as to constitutea criminal act or so unprincipled as to bereprehensible to a high degree. Respondent'sact belies the alleged moral indifference andproves that she has no intention of flaunting thelaw and the high moral standards of the legalprofession. (Ui v. Bonifacio, 333 SCRA 38)

Mere intimacy between a man and a woman,both of whom possess no impediment tomarry, voluntarily carried and devoid ofdeceit on the part of the respondent isneither so corrupt nor so unprincipled as towarrant the imposition of disciplinary sanction,even if a child was born out of wedlock of suchrelationship. It may suggest a doubtful moralcharacter but not grossly immoral. (Figueroav. Barranco, 276 SCRA 445 (1997))

Reconciliation between Delizo-Cordova andCordova, assuming the same to be real, doesnot excuse or wipe away the misconduct andimmoral behavior carried out in public. Therequirement of good moral character persists asa continuing condition for membership in theBar in good standing. (Cordova v. Cordova, 179

SCRA 680 (1989))

While sexual relations between two unmarriedadults is not sufficient to warrant disbarment, it isnot with respect to betrayals to the marital vow.Respondents wanton disregard for thesanctity of marriage is shown when hepursued a married woman and thereaftercohabited with her. (Guevarra v. Eala, 529SCRA 1 (2007))


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When lawyers are convicted of frustratedhomicide, the attending circumstances, notthe mere fact of their conviction woulddemonstrate their fitness to remain in the legalprofession. (Soriano v. Dizon, A.C. No. 6792,January 25, 2006)The record discloses that the Court of FirstInstance acquitted respondent Suller for failureof the prosecution to prove his guilt beyond

reasonable doubt. Such acquittal, however, isnot determinative of this administrative case... The rape of his neighbor's wife constitutedserious moral depravity even if his guilt wasnot proved beyond reasonable doubt in thecriminal prosecution for rape.He is not worthyto remain a member of the bar. The privilege topractice law is bestowed upon individuals whoare competent intellectually, academically and,equally important, morally. Good moralcharacter is not only a condition precedent toadmission to the legal profession, but it mustalso be possessed at all times in order to

maintain one's good standing in that exclusiveand honored fraternity. (Calub v. Suller, A.C.No. 1474, January 28, 2000and quotingDocenavs. Limon, 295 SCRA 262)

Rule 1.02 - A lawyer shall not counsel or abetactivities aimed at defiance of the law or atlessening confidence in the legal s ystem.

The SC does not claim infallibility, it will notdenounce criticism made by anyone againstthe Court for, if well founded can truly haveconstructive effects in the task of the Court, butwill not countenance any wrong doing nor allowerosion of the people's faith in the judicialsystem. (Estrada v. Sandiganbayan, 416 SCRA465)

The promotion of organizations, with knowledgeof their objectives, for the purpose of violating orevading the laws constitutes such misconduct inhis office. (In re Terrell, 2 Phil 266 (1903))

Rule 1.03 - A lawyer shall not, for any corruptmotive or interest, encourage any suit orproceeding or delay any man's cause.

BARRATRY OR MAINTENANCE

Inciting or stirring up quarrels or groundless lawsuits

AMBULANCE CHASINGAccident-site solicitation of almost any kind of legalbusiness by laymen employed by an attorney for thepurpose or by the attorney himself.

Supports perjury, the defrauding of innocent personsby judgments, upon manufactured causes of actionsand the defrauding of injured persons having propercauses of action but ignorant of legal rights and courtprocedure.

A lawyer may be disciplined in his professionaland private capacity. The filing of multiplecomplaints reflects on his fitness to be amember of the legal profession. His conduct ofvindictiveness a decidedly undesirable traitespecially when one resorts to using the courtnot to secure justice but merely to exact revengewarrants his dismissal from the judiciary.(Saburnido v. Madrono, 366 SCRA 1 (2001))

Rule 1.04 - A lawyer shall encourage his clientsto avoid, end or settle a controversy if it willadmit of a fair settlement.

The function of a lawyer is not only toconduct litigation but to avoid it wherepossible, by advising settlement orwithholding suit. He must act as mediator forcompromise rather than an instigator andconflict. What sometimes beclouds alawyers judgment as to what is best for hisclient is his eye on the attorneys fees whichare often considerably less when the causeis amicably settled. The problem of conflictof interests must be resolved against self-interest. (Agpalo)

A lawyer should be sanctioned for the misuse oflegal remedies and prostituting the judicialprocess to thwart the satisfaction of a judgmentto the prejudice of others. The lawyer abetted hisclient in using the courts to subvert the veryends of justice by instigating controversy andconflict although the client's cause is withoutmerit. It is every duty of a counsel to advise hisclient on the merit of his case. A lawyer must

resist the whims and caprices of his clients, andtemper his clients propensity to litigate.(Castaneda v. Ago, 65 SCRA 505 (1975))

Canon 2

A lawyer shall make his legal servicesavailable in an efficient and convenientmanner compatible with theindependence, integrity andeffectiveness of the profession.

Rule 2.01 - A lawyer shall not reject, except for

valid reasons, the cause of the defenseless orthe oppressed.

LEGAL AID IS NOT A MATTER OF CHARITY. Itis a means for the correction of socialimbalance that may and often do lead toinjustice, for which reason it is a publicresponsibility of the Bar. The spirit of publicservice should, therefore, underlie all legal aidoffices. The same should be administered to


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indigent and deserving members of thecommunity on all cases, matters and situationsin which legal aid may be necessary to forestallan injustice. (IBP Handbook, GuidelinesGoverning the Establishment and Operation ofthe Legal Aid Office, Art. 1, Sec. 1)

Valid grounds for refusal (Rule 14.03):1) He is in no position to carry out the work

effectively or competently

2) He labours under a conflict of interestbetween him and the prospective client orbetween a present client and theprospective client

RULES OF COURT, RULE 138, SEC. 31:A t t o r n ey s f o r d e s t it u t e l i ti g an t s A courtmay assign an attorney to render professionalaid free of charge to any party in a case, if uponinvestigation it appears that the party is destituteand unable to employ an attorney, and that theservices of counsel are necessary to secure theends of justice and to protect the rights of theparty. It shall be the duty of the attorney soassigned to render the required service, unlesshe is excused therefrom by the court forsufficient cause shown.The legal profession is a burdened privilege notmany are qualified to undertake. Ledesma owesfidelity to the duty required of the legalprofession. Because there is noincompatibility between the defense of hisclient and him being an election registrar, heshould not decline his appointment as counselde oficio. The ends of justice will be well servedby requiring counsel to continue as counsel deoficio. (Ledesma v. Climaco, 57 SCRA 473

(1974))

BAR MATTER NO. 2012 (2009)Proposed Rule on Mandatory Legal AidService for Practicing Lawyers

P u r p o s e .- to enhance the duty of lawyers tosociety as agents of social change and to thecourts as officers thereof by helping improveaccess to justice by the less privileged membersof society and expedite the resolution of casesinvolving them; To aid the efficient and effectiveadministration of justice especially in casesinvolving indigent and pauper litigants.

S c o p e . - This Rule shall govern the mandatoryrequirement for practicing lawyers to render freelegal aid services in all cases (whether, civil,criminal or administrative) involving indigent andpauper litigants where the assistance of a lawyeris needed. It shall also govern the duty of othermembers of the legal profession to support the

legal aid program of the Integrated Bar of thePhilippines.

(a) Practicing lawyersare members of thePhilippine Bar who appear for and in behalfof parties in courts of law and quasi-judicialagencies, including but not limited to theNational Labor Relations Commission,National Conciliation and Mediation Board,Department of Labor and EmploymentRegional Offices, Department of AgrarianReform Adjudication Board and NationalCommission for Indigenous Peoples. Theterm "practicing lawyers" shall exclude:(i) Government employees and incumbent

elective officials not allowed by law topractice;

(ii) Lawyers who by law are not allowed toappear in court;

(iii) Supervising lawyers of students enrolledin law student practice in duly accreditedlegal clinics of law schools and lawyersof non-governmental organizations

(NGOs) and peoples organizations(POs) like the Free Legal AssistanceGroup who by the nature of their workalready render free legal aid to indigentand pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including thosewho are employed in the private sectorbut do not appear for and in behalf ofparties in courts of law and quasi-judicialagencies.

(b) Indigent and pauper litigantsare those

defined under Rule 141, Section 19 of theRules of Court and Algura v. The LocalGovernment Unit of the City of Naga (G.R.No.150135, 30 October 2006, 506 SCRA81);

Sec. 19. In d ig en t l it ig an t s ex em p t f ro m payment of legal fees. INDIGENT LITIGANTS

(A) WHOSE GROSS INCOME AND THAT OFTHEIR IMMEDIATE FAMILY DO NOT EXCEEDAN AMOUNT DOUBLE THE MONTHLYMINIMUM WAGE OF AN EMPLOYEE AND

(B) WHO DO NOT OWN REAL PROPERTYWITH A FAIR MARKET VALUE AS STATED INTHE CURRENT TAX DECLARATION OFMORE THAN THREE HUNDRED THOUSAND(P300,000.00) PESOS SHALL BE EXEMPTFROM PAYMENT OF LEGAL FEES.

The legal fees shall be a lien on any judgmentrendered in the case favorable to the indigentlitigant unless the court otherwise provides.


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To be entitled to the exemption hereinprovided, the litigant shall execute anaffidavit that he and his immediate family donot earn a gross income abovementioned,and they do not own any real property withthe fair value aforementioned, supported byan affidavit of a disinterested personattesting to the truth of the litigant's affidavit.The current tax declaration, if any, shall be

attached to the litigant's affidavit.

Any falsity in the affidavit of litigant ordisinterested person shall be sufficient cause todismiss the complaint or action or to strike outthe pleading of that party, without prejudice towhatever criminal liability may have beenincurred.

ALGURA V. THE LOCAL GOVERNMENT UNITOF THE CITY OF NAGA G.R. NO. 150135(2006)the two (2) rules can stand together and are

compatible with each other. When an applicationto litigate as an indigent litigant is filed, the courtshall scrutinize the affidavits and supportingdocuments submitted by the applicant todetermine if the applicant complies with theincome and property standards prescribed in thepresent Section 19 of Rule 141If the trial courtfinds that the applicant meets the income andproperty requirements, the authority to litigate asindigent litigant is automatically granted and thegrant is a matter of right.

However, if the trial court finds that one or bothrequirements have not been met, then it would

set a hearing to enable the applicant to provethat the applicant has "no money or propertysufficient and available for food, shelter andbasic necessities for himself and his family." Inthat hearing, the adverse party may adducecountervailing evidence to disprove the evidencepresented by the applicant; after which the trialcourt will rule on the application depending onthe evidence adduced. In addition, Section 21 ofRule 3 also provides that the adverse party maylater still contest the grant of such authority atany time before judgment is rendered by the trialcourt, possibly based on newly discoveredevidence not obtained at the time the applicationwas heard. If the court determines after hearing,that the party declared as an indigent is in fact aperson with sufficient income or property, theproper docket and other lawful fees shall beassessed and collected by the clerk of court. Ifpayment is not made within the time fixed by thecourt, execution shall issue or the payment ofprescribed fees shall be made, without prejudice

to such other sanctions as the court mayimpose.

RULE 3 SEC. 21. Indigent party.A party maybe authorized to litigate his action, claim ordefense as an indigent if the court, upon an ex

parte application and hearing, is satisfied thatthe party is one who has no money or propertysufficient and available for food, shelter andbasic necessities for himself and his family.

Such authority shall include an exemption frompayment of docket and other lawful fees, and oftranscripts of stenographic notes which the courtmay order to be furnished him. The amount ofthe docket and other lawful fees which theindigent was exempted from paying shall be alien on any judgment rendered in the casefavorable to the indigent, unless the courtotherwise provides.

Any adverse party may contest the grant of suchauthority at any time before judgment is

rendered by the trial court. If the court shoulddetermine after hearing that the party declaredas an indigent is in fact a person with sufficientincome or property, the proper docket and otherlawful fees shall be assessed and collected bythe clerk of court. If the payment is not madewithin the time fixed by the court, execution shallissue or the payment thereof, without prejudiceto such other sanctions as the court mayimpose. (22a).

Requirements.- Every practicing lawyer isrequired to render a minimum of sixty (60) hoursof free legal aid services to indigent litigants in a

year. Said 60 hours shall be spread within aperiod of twelve (12) months, with a minimum offive (5) hours of free legal aid services eachmonth. He shall coordinate with the Clerk ofCourt for cases where he may render free legalaid service and shall be required to secure andobtain a certificate from the Clerk of Courtattesting to the number of hours spent renderingfree legal aid services in a case.

N a tio n a l C o mm i t te e o n L e g a l A i d ( N C L A ) -(a) coordinates with the various legal aid

committees of the IBP local chapters for theproper handling and accounting of legal aidcases which practicing lawyers canrepresent.

(b) monitors the activities of the Chapter of theLegal Aid Office with respect to thecoordination with Clerks of Court on legalaid cases and the collation of certificatessubmitted by practicing lawyers.

(c) acts as the national repository of records incompliance with this Rule.


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(d) Prepares the following forms: certificate tobe issued by the Clerk of Court and formsmentioned in Section 5(e) and (g).

(e) holds in trust, manages and utilizes thecontributions and penalties that will be paidby lawyers pursuant to this Rule toeffectively carry out the provisions of thisRule. For this purpose, it shall annuallysubmit an accounting to the IBP Board ofGovernors.

Penalt ies. A practicing lawyer shall berequired to explain why he was unable to renderthe minimum prescribed number of hours. If noexplanation has been given or if the NCLA findsthe explanation unsatisfactory, the NCLA shallmake a report and recommendation to the IBPBoard of Governors that the erring lawyer bedeclared a member of the IBP who is not in goodstanding. Upon approval of the NCLAsrecommendation, the IBP Board of Governorsshall declare the erring lawyer as a member notin good standing. Notice thereof shall be

furnished the erring lawyer and the IBP Chapterwhich submitted the lawyers compliance reportor the IBP Chapter where the lawyer isregistered, in case he did not submit acompliance report. The notice to the lawyer shallinclude a directive to pay Four Thousand Pesos(P4,000) penalty which shall accrue to thespecial fund for the legal aid program of the IBP.

Any lawyer who fails to comply with his dutiesunder this Rule for at least three (3) consecutiveyears shall be the subject of disciplinaryproceedings to be institutedmotu proprio by theCBD.

Rule 2.02 - In such cases, even if the lawyerdoes not accept a case, he shall not refuse torender legal advice to the person concerned ifonly to the extent necessary to safeguard thelatter's rights.

Advice may be on what preliminary steps to takeuntil the client has secured the services ofcounsel.

But he shall refrain from giving legal advice ifthe reason for not accepting the case is thatthere involves a conflict of interest between him

and a prospective client or between a presentclient and a prospective client. (Agpalo)

Rule 2.03 - A lawyer shall not do or permit to bedone any act designed primarily to solicit legalbusiness.

The legal practice is not a business. Unlike abusinessman, the lawyer has:

1) Relation to the administration of justiceinvolving sincerity, integrity and reliability asan officer of the court;

2) duty of public service;3) relation to clients with the highest degree of

fiduciary;4) relation to colleagues at the bar

characterized by candor, fairness andunwillingness to resort to business methodsof advertising and encroachment on theirpractice, or dealing directly with their clients.(Agpalo)

In relation to Rule 3.01, solicitation of any kind isprohibited; but some forms of advertisementmay be allowed.

MALPRACTICEThe practice of soliciting cases at law for thepurpose of gain, either personally or throughpaid agents or brokers, constitutes malpractice.

A member of the bar may be disbarred orsuspended from his office as attorney by the SC

for any malpractice. (Rule 138, Sec. 27)

Rule 2.04- A lawyer shall not charge rates lowerthan those customarily prescribed unless thecircumstances so warrant.

This prohibits the competition in the matter ofcharging professional fees for the purposed ofattracting clients in favor of the lawyer who offerslower rates. The rule does not prohibit a lawyerfrom charging a reduced fee or none at all to anindigent or to a person who would have difficultypaying the fee usually charged for such services.(Agpalo)

Canon 3

A lawyer in making known his legalservices shall use only true, honest, fair,dignified and objective information orstatement of facts.

Rule 3.01 - A lawyer shall not use or permit theuse of any false, fraudulent, misleading,deceptive, undignified, self-laudatory or unfairstatement or claim regarding his qualifications orlegal services.

Summary: A lawyer shall not use falsestatement regarding his qualification orservice

THE MOST WORTHY AND EFFECTIVEADVERTISEMENT possible is the establishmentof a well-merited reputation for professionalcapacity and fidelity to trust. This cannot be


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forced, but must be the outcome of characterand conduct.

Allowable advertisement (The Exceptions toRule 3.01):o an ordinary professional cardo publication in reputable law list with brief

biographical and other informative datawhich may include:1. name

2. associates3. address4. phone numbers5. branches of law practiced6. birthday7. day admitted to the bar8. schools and dates attended9. degrees and distinctions10. public or quasi-public offices11. posts of honor12. legal authorships13. teaching positions14. associations

15. legal fraternities and societies16. references and regularly representedclients must be published for thatpurpose

o publication of simple announcement ofopening of law firm, change of firm

o listing in telephone directory but not underdesignation of special branch of law

o if acting as an associate (specialising in abranch of law), may publish a brief anddignified announcement to lawyers (law list,law journal)

o if in media, those acts incidental to hispractice and not of his own initiative

o write articles for publication givinginformation upon the law (and not individualrights or advising through column/ TV.broadcast, lest such be considered indirectadvertising)

o activity of an association for the purpose oflegal representation

If entering into other businesses which are notinconsistent with lawyers duties it is advisablethat they be entirely separate and apart suchthat a layman could distinguish between the twofunctions.

Prohibited advertisement (Sec. 27, Canon ofProfessional Ethics):o Through touters of any kind whether allied

real estate firms or trust companiesadvertising to secure the drawing of deedsor wills

o Offering retainers in exchange for executorships or trusteeships to beinfluenced by the lawyer

o Furnishing or inspiring newspapercomments concerning the manner of theirconduct, the magnitude of the interestsinvolved, the importance of lawyersposition, and all other like self-laudation

A lawyer may not properly publish his briefbiographical and informative data in a dailypaper, magazine, trade journal or societyprogram in order to solicit legal business.

Likewise, it is improper to advertise himself aspecialist for marriage annulments as it goesagainst the Constitutions mandate, to value thesanctity of marriage. (Khan v. Simbillo, 409SCRA 299 (2003))

It is highly unethical for an attorney to advertisehis talents or skill as a merchant advertises hiswares. The law is a profession not a business.Solicitation of cases by himself or through othersis unprofessional and lowers the standards ofthe legal profession. (In re Tagorda, 53 Phil 37(1929))

The lawyer degrades himself and his professionwho stoops to and adopts the practices ofmercantilism by advertising his services oroffering them to the public. Not all types ofadvertising are prohibited, a lawyer mayadvertise in reputable law lists, in a mannerconsistent with the standards of conductimposed by the canons. Likewise in the use of aname, false and misleading names areprohibited. (Ulep v. Legal Clinic, 223 SCRA 378(1993))

Rule 3.02 - In the choice of a firm name, no

false, misleading or assumed name shall beused. The continued use of the name of adeceased partner is permissible provided thatthe firm indicates in all its communications thatsaid partner is deceased.

Summary: A lawyer shall not use false ormisleading firm name.

GENERAL RULE 1: All partners in firm namemust be alive.

EXCEPTION: When removal of the deceasedpartners name disturbs the client goodwill built

through the years.

The continued use of the name of adeceased partner is permissible providedthat the firm indicates in all itscommunications that said partner isdeceased. (Agpalo)

Death of a partner does not extinguish theclient-lawyer relationship with the law firm.


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(B.R. Sebastian Enterprises Inc. vs. Court ofAppeals, 206 SCRA 28)

GENERAL RULE 2: Filipino lawyers cannotpractice law under the name of a foreign lawfirm.

Firms may not use misleading names showingassociation with other firms to purport legalservices of highest quality and ties with

multinational business enterprise especiallywhen such firm attached as an associatecannot legally practice law in the Philippines.(Dacanay v. Baker and McKenzie, 136 SCRA349 (1985))

Rule 3.03 - Where a partner accepts publicoffice, he shall withdraw from the firm and hisname shall be dropped from the firm nameunless the law allows him to practice lawcurrently.

Summary: A law partner who accepts apublic office should withdraw from the firm

Where a partner accepts public office, heshall withdraw from the firm and his nameshall be dropped from the firm name unlessthe law allows him to practice lawconcurrently.

The purpose of the rule is to prevent the lawfirm from using his name to attract legalbusiness and to avoid suspicion of undueinfluence. (Agpalo)

A civil service officer or employee whoseduty or responsibility does not require hisentire time to be at the disposal of the

Government may not engage in the privatepractice of law without the written permitfrom the head of the department concerned.(Agpalo)

Related statutory basis: RA 7160 or the LocalGovernment Code, Section 90. Governors, cityand municipal mayors are prohibited frompractice of profession.

EXCEPTION: Sanggunian members are allowedto practice concurrently subject to certainrestrictions.

1987 Constitution

Art. VI, Sec. 14. No Senator or member of theHouse of Representative may personallyappearbefore any court of justice or before the ElectoralTribunal, or quasi-judicial and otheradministrative bodies.

Art. VII, Sec. 13. The President, Vice-President,the members of the cabinet and assistants shallnot, unless otherwise provided in this

Constitution, hold any other office or employment during their tenure. They shallnot, during said tenure, directly or indirectlypractice any profession.

Art. IX, Sec. 2. No member of a ConstitutionalCommission shall, during his tenure, hold anyother office or employment. Neither shall heengage in the practice of any profession.

A lawyer member of the Legislature is notabsolutely prohibited from engaging in thepractice of his profession. He is onlyprohibited from appearing as counsel beforeany court of justice.

What is prohibited is the appearance whichincludes: arguing a case before any suchbody and filing a pleading on behalf of aclient.

Neither can his name be allowed to appearin such pleadings by itself or as part of afirm name under the signature of anotherqualified lawyer because the signature of an

agent amounts to a signing by non-qualifiedSenator or Congressman.

His name should be dropped from thefirm name, of which he is a name partner,whenever the firm files a pleading onbehalf of a client.

It is unlawful for a public official or employeeto, among others: "engage in the privatepractice of their profession, unless authorizedby the Constitution or law, provided that suchpractice will not conflict or tend to conflict withofficial functions." (Samonte v. Gatdula, 303SCRA 756 (1999))

If the unauthorized practice on the part of aperson who assumes to be an attorneycauses damage to a party, the former maybe held liable for estafa.

Rule 3.04 - A lawyer shall not pay or giveanything of value to representatives of the massmedia in anticipation of, or in return for, publicityto attract legal business.

Summary: A lawyer shall not seek mediapublicity.

This rule prohibits from making indirectlypublicity gimmick, such as furnishing orinspiring newspaper comments, procuringhis photograph to be published inconnection with cases which he is handling,making a courtroom scene to attract theattention of newspapermen, or arranging forthe purpose an interview with him by mediapeople. (Agpalo)


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It is bad enough to have such undue publicitywhen a criminal case is being investigated, butwhen publicity and sensationalism is allowed,even encouraged, when the case is on appealand is pending consideration by the SC, it isinexcusable and abhorrent. (Cruz v. Salva, 105Phil 1151 (1959))

Canon 4

A lawyer shall participate in thedevelopment of the Legal System byinitiating or supporting efforts in lawreform and in the improvement of theadministration of justice.

NOT a strict duty, but a duty nevertheless. Alawyer must NOT be confined by technicallegal questions but instead grow inknowledge and competence to make the lawsocially responsive.

A lawyer may with propriety write articles for

publications in which he gives informationupon the law; but he should not acceptemployment from such publications to adviseinquiries in respect to their individual rights.

EXAMPLES:1. Present position papers or resolutions for

the introduction of pertinent bills inCongress;

2. Submit petitions to the Supreme Court fortheamendmentof the Rules of Court.

3. The Misamis Oriental Chapter of the IBPpromulgating a resolution wherein it

requested the IBPs National Committee onLegal Aid (NCLA) to ask for the exemptionfrom the payment of filing, docket and otherfees of clients of the legal aid offices in thevarious IBP chapters (Re: Request OfNational Committee On Legal Aid ToExempt Legal Aid Clients From PayingFiling, Docket And Other Fees, August28, 2009)

SC Resolution: Commended the MOCof the IBP and GRANTED theexemption

"We laud the Misamis Oriental Chapterof the IBP for its effort to help improvethe administration of justice, particularly,the access to justice by the poor. ItsResolution No. 24, series of 2008 in factechoes one of the noteworthyrecommendations during the Forum onIncreasing Access to Justicespearheaded by the Court last year. In

promulgating Resolution No. 24, theMisamis Oriental Chapter of the IBP haseffectively performed its duty to"participate in the development of thelegal system by initiating or supportingefforts in law reform and in theadministration of justice."

Canon 5

A lawyer shall keep abreast of legaldevelopments, participate in continuinglegal education programs, supportefforts to achieve high standards in lawschools as well as in the practicaltraining of law students and assist indisseminating the law and jurisprudence.

OBLIGATIONS1) To self for continued improvement of

knowledge2) To his profession for maintenance of high

standards of legal education3) To the public for social consciousness

BAR MATTER NO. 850 (2000)

Purpose: To ensure that lawyers throughouttheir career keep abreast with law and

jurisprudence, maintain the ethics of theprofession and enhance the standards of thepractice of law

Requirement: Every three years at least 36hours of legal education activities.

Legal ethics 6 hrs

Trial and pre-trial skills 4 hrsAlternative dispute resolution 5 hrsUpdates on substantive procedurallaws and jurisprudence

9 hrs

Writing and oral advocacy 4 hrsInternational law and internationalconventions

2 hrs

Other subjects as may be prescribedby the Committee on MCLE

6 hrs

Exemptions:1. President, vice-president, cabinet members2. Members of Congress3. Chief Justice and incumbent and retired

members of the judiciary4. Chief state counsel, prosecutor and

assistant secretaries of the Department ofJustice

5. Solicitor General and assistants6. Government Corporate Counsel, his

deputies and assistants7. Chairman and members of Constitutional

Commissions


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8. Ombudsman and his deputies9. Heads of government agencies exercising

quasi-judicial functions10. Incumbent deans, bar reviewers and

professors of law who have 10 year teachingexperience

11. Officers and lecturers of the PhilippineJudicial Academy

12. Governors and mayor13. Those not in law practice (special

exemption)14. Those who have retired from the law

practice (special exemption)

Penalty: Listing as a delinquent member of theIBP

Canon 6

These canons shall apply to lawyers ingovernment services in the discharge oftheir tasks.

A member of the Bar who assumes publicoffice does not shed his professionalobligation. The Code was not meant to governthe conduct of private petitioners alone, but of alllawyers including those in government service.Lawyers in government are public servants whoowe the utmost fidelity to the public service.Thus they have to be more sensitive in theperformance of their professionalobligations. A lawyer in public service is akeeper of public faith and is burdened with ahigh degree of social responsibility, perhapshigher than her brethren in private practice.(Vitriolo v. Dasig, 400 SCRA 172 (2003))

Related statutory basis: RA 6713, Sec. 4 (A) orthe Code of Conduct and Ethical Standards forPublic Officials and Employees.

Every public official and employee shall observethe following as standards of personal conduct inthe discharge and execution of official duties:1. Commitment to public interest-uphold the

public interest over and above personalinterest.

2. Professionalism- perform and dischargetheir duties with the highest degree of

excellence, professionalism, intelligence andskill3. Justness and sincerity- not discriminate

against anyone, especially the poor and theunderprivileged

4. Political neutrality- provide service toeveryone without unfair discrimination andregardless of party affiliation or preference

5. Responsiveness to the public- extendprompt, courteous, and adequate service tothe public

6. Nationalism and patriotism- be loyal to theRepublic and to the Filipino people, promotethe use of locally produced goods,resources and technology and encourageappreciation and pride of country andpeople.

7. Commitment to democracy- committhemselves to the democratic way of life andvalues, maintain the principle of publicaccountability, and manifest by deeds thesupremacy of civilian authority over themilitary.

8. Simple living- lead modest livesappropriate to their positions and income

Rule 6.01 - The primary duty of a lawyerengaged in public prosecution is not to convictbut to see that justice is done. The suppressionof facts or the concealment of witnesses capableof establishing the innocence of the accused is

highly reprehensible and is cause for disciplinaryaction.

It is upon the discretion of the prosecutor todecide what charge to file upon properappreciation of facts and evidences. Fiscals arenot precluded from exercising their sounddiscretion in investigation. His primary duty isnot to convict but to see that justice isserved. (People v. Pineda, 20 SCRA 748(1967))

Rule 6.02 - A lawyer in government service shallnot use his public position to promote or

advance his private interests, nor allow the latterto interfere with his public duties.

Just as the Code of Conduct and EthicalStandards for Public Officials requires publicofficials and employees to process documentsand papers expeditiously (Sec. 5, subpars. [c]and [d] and prohibits them from directly orindirectly having a financial or material interest inany transaction requiring the approval of theiroffice, and likewise bars them from soliciting giftsor anything of monetary value in the course ofany transaction which may be affected by the

functions of their office (Collantes vs Romeren200 SCRA 584 (1991))

We begin with the veritable fact that lawyers ingovernment service in the discharge of theirofficial task have more restrictions than lawyersin private practice. Want of moral integrity is tobe more severely condemned in a lawyer whoholds a responsible public office


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It bears stressing also that government lawyerswho are public servants owe fidelity to the publicservice, a public trust. As such, governmentlawyers should be more sensitive to theirprofessional obligations as their disreputableconduct is more likely to be magnified in thepublic eye. (Huyssen vs Gutierrez 485 SCRA244 (2006))

Respondent in his future actuations as a

member of the bar, should refrain from layinghimself open to such doubts and misgivings asto his fitness for the position he occupies butalso for membership in the bar. Fitness as tothe membership to the legal professionincludes keeping his honor unsullied.(Misamin v. San Juan, 72 SCRA 491 (1976))

Rule 6.03 - A lawyer shall not, after leavinggovernment service, accept engagement oremployment in connection with any matter inwhich he had intervened while in said service.

How a Government Lawyer Leaves GovernmentService: retirement resignation expiration of the term of office dismissal abandonment

GENERAL RULE: Practice of profession allowedimmediately after leaving public service

EXCEPTIONS: If lawyer had connection withany matter during his term, subject toa) One year prohibition if he had not intervenedb) Permanent prohibition if he had intervened

One Year Prohibition

Statutory Basis

RA 3019 or the Anti-Graft and Corrupt PracticesAct. Sec. 3(d) - Corrupt practices of any publicofficer include:(d) Accepting or having any member of his

family accept employment in a privateenterprise which has pending officialbusiness with him during the pendencythereof or within one year after itstermination.

RA 6713 or the Code of Conduct and EthicalStandards for Public Officials and Employees.Sec. 7(b) - Outside employment and otheractivities. Public officials and employees duringtheir incumbency shall not:o Own, control, manage or accept

employment as officer employee, consultant,counsel, broker, agent, trustee or nominee /in any private enterprise regulated,

supervised or licensed by their office /unless expressly allowed by law;

o Engage in the private practice of theirprofession unless authorized by theConstitution or law, provided that suchpractice will not conflict or tend to conflictwith their official functions;

o Recommend any person to any position in aprivate enterprise which has a regular orpending official transaction with their office.

These prohibitions shall continue to apply for aperiod of one year after resignation, retirementor separation from public office, except in caseof subparagraph (2) above, but the professionalconcerned cannot practice his profession inconnection with any matter before the office heused to be with, in which case the one yearprohibition shall likewise apply.

Relative Prohibition

On retired judges and justices

Statutory BasisRA 910 or the special law on retirement of

justices and judges, Sec. 1. No retiring justice orjudge of a court of record or city or municipaljudge during the time that he is receiving saidpension shall appear as counsel in any court inany civil case whereo the government or any of its subdivisions or

instrumentalities is an adverse partyo in a criminal case, where an officer or

employee of the government is accused ofan offense related to his official function

o in any administrative proceeding, cannot

collect any fee for his appearance tomaintain an interest adverse to thegovernment

Permanent Prohibitions

On any government employeeNo government employee, official, or officer mayaccept engagement or employment inconnection with matter he had intervened in.Intervention includes any act of a person whichhas the power to influence the subjectproceedings. (Agpalo)

The matter contemplated in this rule are thosethat are adverse-interest conflicts (substantialrelatedness and adversity between thegovernment matter and the new client matter ininterest) and congruent-interestrepresentation conflicts, while theintervention should be significant andsubstantial which can or have affected theinterest of others. (PCGG v. Sandiganbayan,455 SCRA 526 (2005))


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On members of the legislature1987 Constitution, Art. VI, Sec. 13. No memberof legislature may accept an appointment in anoffice which he created or increasedemoluments thereof.

III. Lawyers Duties to the LegalProfession

Canon 7

A Lawyer shall at all times uphold theintegrity and DIgnity of the legalprofession and support the activities ofthe integrated bar.

In connection to Canon 7, the purposes of theIntegrated Bar of the Philippines are:(1) to assist in the administration of justice by

being available and prepared to render legalservices;

(2) to elevate the standards of the legalprofession through the MandatoryContinuing Legal Education (MCLE)program and;

(3) to enable the Bar to discharge its publicresponsibility more effectively by renderingpublic service and assistance in theadministration of justice. Consequently, theBar is also reminded of its only duty to theIBP: the regular payment of membershipdues.

Relevant cases:

In re 1989 Elections of the IBP, 178 SCRA

398 (1989) Santos v. Llamas, 322 SCRA 529 (2000)

Letter of Atty. Cecilio Arevalo, 458 SCRA209 (2005)

Foodsphere v. Mauricio, A.C. No. 7199 (22July 2009)

See also: Republic Act No. 6397 (Integration ofthe Bar of the Philippines)

Rule 7.01 A lawyer shall be answerable forknowingly making a false statement orsuppressing a material fact in connection withhis application for admission to the bar.

A lawyer must be a disciple of truth. He sworeupon his admission to the Bar that he will do nofalsehood nor consent to the doing of any incourt and he shall conduct himself as a lawyeraccording to the best of his knowledge anddiscretion with all good fidelity as well to thecourts as to his clients. He should bear in mindthat as an officer of the court his high vocation isto correctly inform the court upon the law and

the facts of the case and to aid it in doing justiceand arriving at correct conclusion. The courts, onthe other hand, are entitled to expect onlycomplete honesty from lawyers appearing andpleading before them. While a lawyer has thesolemn duty to defend his clients rights and isexpected to display the utmost zeal in defense ofhis clients cause, his conduct must never be atthe expense of truth.

The Court may disbar or suspend a lawyer formisconduct, whether in his professional orprivate capacity, which shows him to be wantingin moral character, in honesty, probity, and gooddemeanor, thus proving unworthy to continue asan officer of the court.

Evidently, respondent lawyers fell short of theduties and responsibilities expected from themas members of the bar. Anticipating that theirMotion for Bail will be denied by the court if itfound that it had no jurisdiction over the personof the accused, they craftily concealed the truthby alleging that accused had voluntarilysurrendered to a person in authority and wasunder detention. Obviously, such artifice was adeliberate ruse to mislead the court and therebycontribute to injustice. To knowingly allege anuntrue statement of fact in the pleading is acontemptuous conduct that we stronglycondemn. They violated their oath when theyresorted to deception. (Young v. Batuegas, 403SCRA 123 [2003]).

Rule 7.02 A lawyer shall not support theapplication for admission to the bar of anyperson known by him to be unqualified in

respect to character, education or otherequivalent attribute

Aside from this, a lawyer should also volunteerinformation or cooperate in any investigationconcerning alleged anomaly in the barexamination so that those candidates who failedtherein can be ferreted out and those lawyersresponsible therefor can be disbarred. (In reParazo, 82 Phil. 230 [1948]).

Rule 7.03 A lawyer shall not engage inconduct hat adversely reflects on his fitness topractice law, nor shall he, whether in public or

private life, behave in a scandalous manner tothe discredit of the legal profession.

Zaguirre v. Casti l lo , 398 SCRA 659 [2003]:Siring a child with a woman other than his wife isa conduct way below the standards of moralityrequired

up 2010 legal ethics

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