Ethics Up Reviewer

8/21/2019 Ethics Up Reviewer

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THE LEGAL

PROFESSION

Introduction

STATE REGULATION OF THE LEGALPROFESSION (BY THE SC AND CONGRESS)

Const art. VIII, se. !(!).

The SC shall have the following powers:(5) Promulgate rules concerning… practice andprocedure in all courts, the admission into thepractice of law, the Integrated ar…!

Const art. "II, se. #$!…The practice of all professions in the Phils shall"e limited to #ilipino citi$ens, save in casesprescri"ed "% law!

In t%e &atter o' t%e IBP (&')

The power to integrate the Philippine "ar is givento the SC "% the Constitution! *+ ' is amere legislative declaration that the integrationof the "ar will promote pu"lic interest!

The unification of the "ar is Constitutional!

(&) It does not impinge upon freedom of

association "ecause it does not ma-e the law%erpart of an% group of which he is not alread% amem"er and simpl% provides an officialorgani$ation for the well.defined "ut unorgani$edand incohesive group of which ever% law%er isalread% a mem"er!

(/) The IP0s fees are inherent in the power toregulate the ar! The% are a proper e1ercise of police power!

() #reedom of speech is not impaired "ecausethe e1action of fees is a valid e1ercise of the SC0sregulator% powers!

Integration of the "ar was found to "e called forat the time (&') "ecause of the "eneficiale1perience foreign 2urisdictions upon suchintegration and "ecause of the overwhelmingnational demand of #ilipino law%ers made evidentin "% official statistics!

In re Cnanan (&'53)

*+ '/, or the ar #lun-ers +ct of &'5, wasdeclared partiall% unconstitutional as itencroached upon the powers granted "% theConstitution to the SC in determining theadmission of "ar e1aminees to the "ar "%usurping such power through a legislative act!

HAT CONSTITUTES THE PRACTICE OF LA

4T6S(+gpalo)

η Practice of law : legal advice and

instructions to clients to inform them of theirrights and o"ligations7 preparation for clientsof documents, re8uiring -nowledge of legalprinciples not possessed "% ordinar% la%man7appearance for clients "efore pu"lic tri"unalswhich possess power and authorit% todetermine rights of life, li"ert% and propert%according to law in order to assist in the

proper interpretation and enforcement of law

η Cayetano v Monsod (Padilla dissent):practice of law0s 3 elements:&!ha"itualit%/!compensation!application of law, legal principles, practice

or procedure3!attorne%.client relationship

η The practice of law is a mere privilege!Conferred onl% for merit, earned "% hardstud%, learning and good conduct! ut in asense a right: not lightl% or capriciousl%restricted

η Not practice of law : writing law "oo-s9legal articles, teaching

U*e+ Le-a* C*n, In (&'')

The egal Clinic was en2oined from issuingadvertisements representing itself as ;practicinglaw< as the Clinic was not properl% a legal firm!

Practice of law was defined as ;an% activit%, in orout of court, which re8uires the application of law, legal procedures, -nowledge, training ande1perience!<

The advertisements regarding secrete marriages,divorce, annulment, a"sence, and visa were

=or%"eth>aldrias!%ea/? =4a%na>@ala%ang!/e+t0? =*hud$>*a%mundo!seretarat? =Aionne>Sanche$!aa/s?=Bam>Baco"!/es-n? o""ie>Sta@aria!+rntn-? =@iles>@ala%a!*etres?=Bapee>Aeeon!+o*1*a2? =+scheia>umul!re31*a2? =Paul>Sorino9Bud%>*ipol!1*a2? =D%a>*afael9@ac>@acapagal!r31*a2?

=Eivian>Tan9Bustin>@endo$a! *a4or1*a2? =@iguel>AeBesus!*e-a*1et%s? =ianne>Fervasio!o331*a2?=Ces>Sicangco9*owena>*omero! ta51*a2?


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understood to "e representing the legal clinic astendering legal advise to clients! The Courtcould not "elieve that information was simpl%provided and that the clinic did not engage inadvisor% or diagnostic services!

Ca0etano . &onso/ (&''&)

#: The SC held that @onsod satisfied the

8ualification of &G %ear practice of law demanded"% the position of C@66C chairperson to whichhe had "een nominated "ecause practice of lawmeans an% activit%, in or out of the court, whichre8uires the application of law, legal procedure,-nowledge, training and e1perience! @onsodhad wor-ed as an economist, had "een the C6of a "an- and had "een a mem"er of theConCom Gf &'H, all activities which constitutedpractice of law!

D: Practice of law means an% activit%, in orout of court, which re8uires the application of law, legal procedure, -nowledge and training ande1perience! It is to give notice or render an% -ind

of service, which device or service re8uires theuse in an% degree of legal -nowledge or s-ill!

@onsod after passing the "ar, wor-ed in hisfather0s firm for & %ear, then wor-ed as anoperations officer in the orld an- Froup, thena chief e1ecutive officer with the @eralco Froup,then a legal and economic consultant, then a4ational Chairman for 4+@#*6, mem"er of theAavide Commission and a mem"er of theConstitutional Commission!

Interpreted in the light of the various definitionsof the term ;practice of law

! ar 61aminationH! aw%er0s ath

R*e #78, se. 9! Requirements

for all applicants for admission to the bar.—6ver%applicant for admission as a mem"er of the "ar

must "e a citi$en of the Philippines, at leasttwent%.one %ears of age, of good moralcharacter, and a resident of the Philippines7 andmust produce "efore the Supreme Courtsatisfactor% evidence of good moral character,and that no charges against him, involving moralturpitude, have "een filed or are pending in an%court in the Philippines!

LEGAL EDUCATION

#. PRE:LA

R*e #78, se. ;! Pre-Law !K4o

applicant for admission to the "ar e1aminationshall "e admitted unless he present a certificatethat he has satisfied the Sec! of 6ducation that,he "egan the stud% of law, he had pursued andsatisfactoril% complete in an authori$ed and




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recogni$ed universit% or college, re8uiring foradmission thereto the completion of a four.%earhigh school course, the course of stud%prescri"ed therein for a "achelor0s degree in artsor sciences with an% of the following su"2ects asma2or or field of concentration: political science,logic, english, spanish, histor% and economics!

In re Te*es'oro Dao (&')

The SC ordered the Cler- to stri-e Aiao0s namefrom the roll of attorne%0s as he was not 8ualifiedto ta-e the "ar e1ams due to his falserepresentations! De started stud%ing law si1months "efore o"taining his arts degree!

9. LA PROPER

R*e #78, se. !! Additional

Requirements for other applicants!K+llapplicants for admission…shall, "efore "eingadmitted to the e1amination, satisfactoril% show

that the% have regularl% studied law for four%ears, and successfull% complete all prescri"edcourses, in a law school or universit%, officiall%approved and recogni$ed "% the Sec! of 6ducation! The affidavit of the candidate,accompanied "% a certificate from the universit%or school of law, shall "e filed as evidence of such facts, and further evidence ma% "e re8uired"% the court!

4o applicant shall "e admitted to the "are1aminations unless he has satisfactoril%completed the following course in a law school oruniversit% dul% recogni$ed "% the government:civil law, commercial law, remedial law, criminallaw, pu"lic and private international law, politicallaw, la"or and social legislation, medical 2urisprudence, ta1ation and legal ethics!

CITI! !"amination#

sub$ects.K+pplicants, not otherwise provided forin sections and 3 of this rule, shall "esu"2ected to e1aminations in the followingsu"2ects: Civil aw7 a"or and Social egislation7@ercantile aw7 Criminal aw7 Political aw(Constitutional aw, Pu"lic Corporations, andPu"lic fficers)7 International aw (Private andPu"lic)7 Ta1ation7 *emedial aw (Civil Procedure,Criminal Procedure, and 6vidence)7 egal 6thicsand Practical 61ercises (in Pleading and

Conve%ancing)!

R*e #78, se. #?! %ar

e"amination& b' questions and answers& and in

writing.KPersons ta-ing the e1amination shallnot "ring papers, "oo-s or notes into thee1amination rooms! The 8uestions shall "e the




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same for all e1aminees and a cop% thereof, in6nglish or Spanish, shall "e given to eache1aminee! 61aminees shall answer the 8uestionspersonall% without help from an%one!Jpon verified application made "% an e1amineestating that his penmanship is so poor that it will"e difficult to read his answers without much lossof time, the Supreme Court ma% allow suche1aminee to use a t%pewriter in answering the

8uestions! nl% noiseless t%pewriters shall "eallowed to "e used!

The committee of "ar e1aminers shall ta-e suchprecautions as are necessar% to prevent thesu"stitution of papers or commission of otherfrauds! 61aminees shall not place their names onthe e1amination papers! 4o oral e1aminationshall "e given!

R*e #78, se. ##! Annual

e"amination.K61aminations for admission to the"ar of the Philippines shall ta-e place annuall% inthe Cit% of @anila! The% shall "e held in four da%s

to "e designated "% the chairman of thecommittee on "ar e1aminers! The su"2ects shall"e distri"uted as follows:&st da%: Political and International aw

(morning) anda"or and Social egislation(afternoon)7

/nd da%: Civil aw (morning) andTa1ation (afternoon)7

rd da%: @ercantile aw (morning) andCriminal aw (afternoon)7

3th da%: *emedial aw (morning) andegal 6thics and Practical 61ercises(afternoon)!

R*e #78, Se. #9! ommittee of e"aminers. —61aminations shall "e conducted "%a committee of "ar e1aminers to "e appointed "%the Supreme Court! This committee shall "ecomposed of a Bustice of the Supreme Court,who shall act as chairman, and who shall "edesignated "% the court to serve for one %ear,and eight mem"ers of the "ar of the Philippines,who shall hold office for a period of one %ear! Thenames of the mem"ers of this committee shall"e pu"lished in each volume of the officialreports!

R*e #78, Se. #7! isciplinar'

measures.K4o candidate shall endeavor to

influence an% mem"er of the committee, andduring e1amination the candidates shall notcommunicate with each other nor shall the% giveor receive an% assistance! The candidate whoviolates this provision, or an% other provision of this rule, shall "e "arred from the e1amination,and the same to count as a failure against him,

and further disciplinar% action, includingpermanent dis8ualification, ma% "e ta-en in thediscretion of the court!

R*e #78, Se. #$! Passing

a*erage.KIn order that a candidate ma% "edeemed to have passed his e1aminationssuccessfull%, he must have o"tained a generalaverage of 5 M in all su"2ects, without falling

"elow 5G M in an% su"2ect! In determining theaverage, the su"2ects in the e1amination shall "egiven the following relative weights: Civil aw, &5M7 a"or and Social egislation, &G M7@ercantile aw, &5 M7 Criminal aw7 &G M7Political and International aw, &5 M7 Ta1ation,&G M7 *emedial aw, /G M7 egal 6thics andPractical 61ercises, 5 M!

R*e #78, se. #!! Report of the

committee# filing of e"amination papers.K4otlater than #e"ruar% &5th after the e1amination,or as soon thereafter as ma% "e practica"le, thecommittee shall file its reports on the result of

such e1amination! The e1amination papers andnotes of the committee shall "e fi1ed with thecler- and ma% there "e e1amined "% the partiesin interest, after the court has approved thereport!

R*e #78, Se. #;! +ailing

candidates to ta,e re*iew course.KCandidateswho have failed the "ar e1aminations for threetimes shall "e dis8ualified from ta-ing anothere1amination unless the% show to the satisfactionof the court that the% have enrolled in andpassed regular fourth %ear review classes as wellas attended a pre."ar review course in arecogni$ed law school!

The professors of the individual review su"2ectsattended "% the candidates under this rule shallcertif% under oath that the candidates haveregularl% attended classes and passed thesu"2ects under the same conditions as ordinar%students and the ratings o"tained "% them in theparticular su"2ect!

In re A/rano Hernan/e@ (&'')

The SC allowed Dernande$ to ta-e the &'' ar61ams of the Phil despite having graduated fromthe Colum"ia aw School and having passed the"ar e1am in the State of 4ew or-! De had

ta-en review classes in the +teneo de @anila awSchool!

The SC, however, pointed out that "eginning&''3, graduates of foreign law school would not"e allowed to ta-e the "ar! +n applicant should




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stud% law in a local school and follow there8uirements of 5. *ule &H, *oC!

In re A3+aro (&'5)

+mparo was caught reading piece of paper insidethe e1amination room in the course of the &'3"ar e1am in criminal law! De admitted having inhis possession the paper that carried the ta"le of

penalties e1plaining that the paper fell from hispoc-et when he too- his hand-erchief from hispoc-et to wipe his perspiration!

De was found guilt% of "ringing notes into thee1amination room in violation of &G *ule &H*oC and of attempted cheating! +s he failed thee1am that %ear he was dis8ualified from ta-ingthe &'5 "ar e1am!

GOOD &ORAL CHARACTER

4T6S

(+gpalo)

Food @oral Characterη 4o definition and criteria in law for ;good

moral character<

η oral character is what a person reall% is(corresponds to o"2ective realit%) while good reputation is the opinion generall%entertained of him, the estimate in which heis held "% the pu"lic in the place where he is-nown (su"2ective)!

η 4ot enough that conduct merel% ena"les a

person to escape the penalt% of criminal law!

η ustice +eli" +ran,furter/ moral character N

8ualities of truth.spea-ing, a high sense of honor, full candor, intellectual honest%, andthe strictest o"servance of fiduciar%responsi"ilit%

η Food moral character is the a"sence of aproven conduct or act which has "eenhistoricall% and traditionall% considered as amanifestation of moral turpitude! The act orconduct showing moral turpitude need notamount to a crime7 and even if it doesconstitute an offense, a conviction upon a

criminal charge is not necessar% todemonstrate "ad moral character although itma% show moral depravit%!

DISCLOSURE OF INVOLVE&ENT IN

ANY CRI&INAL CASE

4T6S(+gpalo)η an applicant must show that no charges

against him involving moral turpitude, have"een filed or pending in court in thePhilippines

η the concealment or withholding from thecourt of the fact that an applicant has "eencharged with or indicted for an alleged crimeis a ground for dis8ualification

η a law%er0s name ma% not "e stric-en off

from the roll of attorne%s "% reason of alienage, non.completion of the prescri"edcourse of stud% or "ad moral character in thea"sence of clearl% preponderant evidencethat he did not, in fact, possess thenecessar% 8ualifications at the time of hisadmission!

4o charges involving moral turpitude are filed

against him9her or pending in courtη Ouestion of moral turpitude is for SC to

decide! hich is wh% applicants are re8uiredto disclose an% crime which the% have "eencharged! Concealment or withholding fromthe court information a"out charges andindictments is a ground for dis8ualification of applicant or for revocation of license! 6ven if the crime concealed does not involve moralturpitude, the act of concealment ma-eshim9her unfit to "e a law%er!

η +pplicant assumes "urden of proof toesta"lish 8ualifications in as-ing admission!ut after having presente prima facieevidence, "urden to overcome the primafacie showing shifts to those o"2ectinghis9her admission!

η That the "ar e1amination committee has

passed upon the applicant0s 8ualification willnot preclude 2udicial in8uir% on the same8uestion raised in dis"arment!

η aw%er0s name ma% not "e stric-en off the

roll of attorne%s "% reason of(&) alienage,(/) non.completion of the prescri"ed course of stud% or

() "ad moral character in the a"sence of clearl%preponderant evidence that he did not possessnecessar% 8ualifications at the time of admission!%urden of proof Kcomplainant!

In re A* Ar-osno (&'')




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+l +rgosino passed the &'' "ar e1amination!Dis oath ta-ing was deferred due to his previousconviction for *ec-less Imprudence *esulting toDomicide for the death of a neoph%te duringfraternit% initiation in which he was one of theinitiators! To prove that he was of good moralcharacter, he presented &5 certifications of suchand also su"mitted that he and his co.accusedhad esta"lished in cooperation with the victim0s

famil%, a scholarship foundation in honor of theha$ing victim! The SC granted +rgosino0spetition!

LAYERS OATH

I >>>>> , do solemnl% swear that I will maintainallegiance to the *P: I will support and defend itsConstitution and o"e% the laws as well as thelegal orders of the dul% constituted authoritiestherein7 I will do no falsehood nor consent to itscommission7 I will not wittingl% or willingl%promote or sue an% groundless, false or unlawful

suit nor give aid nor consent to the same7 I willnot dela% an% man0s cause for mone% or maliceand will conduct m%self as a law%er according tothe "est of m% -nowledge and discretion with allgood fidelit% as well to the court as to m% clients7and I will impose upon m%self this o"ligationvoluntaril%, without an% mental reservation orpurpose of evasion! So help me Fod!

HO ELSE &AY PRACTICE LA

Genera* R*e On*0 &e34ers o' t%e Bar

R*e #78, Se #! 0ho ma' practicelaw.K+n% person heretofore dul% admitted as amem"er of the "ar, or hereafter admitted assuch in accordance with the provisions of thisrule, and who is in good and regular standing, isentitled to practice law!

E5e+ton # La2 St/ent Prate R*e

R*e #78:AK+446L6A

E5e+ton 9 A-ent

4T6S(+gpalo)

η etropolitan1 unicipal Trial ourt : one ma%"e represented "% an agent: In such cases,

no attorne%.client relationship e1ists7 notha"itual7 localit% where licensed mem"er of "ar is not availa"le7 person9resident of goodrepute for pro"it% and a"ilit% to aiddefendant7 4T I4 +4 TD6* CJ*T

η Supreme Court can validl% authorise a

la%man to represent litigant in court

η Ouestion: Can legislature can permit "% lawa la%man to appear on another0s "ehalf incourt or administrative tri"unals! es, incadastral courts, 4*C o-7 otherwise 4

η limitations:

2. la%man should confine wor- to non.adversarial contentions

3. not ha"ituall% rendered4. not charge for pa%ment

E5e+ton 7 Lt-aton 40 Part0

R*e #78, Se. 7$! %' whom litigation

conducted.—In the court of a 2ustice of the peace(now, @TC) a part% ma% conduct his litigation inperson, with the aid of an agent or friendappointed "% him for that purpose, or with theaid of an attorne%! In an% other court, a part%ma% conduct his litigation personall% or "% aid of an attorne%, and his appearance must "e eitherpersonal or "% a dul% authori$ed mem"er of the"ar!

4T6S(+gpalo)

4ecessit% of representation "% counselη In a democratic and civili$ed countr% where

the rights of a person are determined inaccordance with esta"lished rules, theemplo%ment of a person ac8uainted withthose rules "ecomes a necessit% "oth to thelitigants and to the Court! + part% litigantneeds the assistance of counsel in allproceedings, administrative, civil or criminal!

hen appearance "% counsel not o"ligator%&! In a @unicipal Trial Court, a part% ma%

conduct his litigation in person or with theaid of a friend appointed "% him for thatpurpose or with an aid of an attorne%!

/! In the *TC and +ppellate Courts, a part% in acivil suit ma% conduct his litigation eitherpersonall% or "% attorne% unless the part% isa 2uridical person!

! +nd even if he has chosen to appear "%counsel, he ma% at an% time dispense with the




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services of his law%er and prosecute or defendhis case personall%!

aiver to right of counsel in criminal proceedings

η The right to counsel of an accused is

a"solute or immuta"le! D6E6*, his optionto secure the services of counsel de parte isnot a"solute! The trial court ma% restrict hisoption to retain a counsel de parte if a) the

accused insists on an attorne% he cannotafford ") chosen counsel is not a law%er or c)the attorne% declines to represent theaccused for a valid reason, in which case thetrial court can appoint his counsel de oficioto represent him! Sec & (c) of *ule &&5provides that an accused ma% waive his rightto counsel "ut if he cannot protect his rightswithout the assistance of a counsel, theCourt should advise him to secure a counselde parte or appoint a counsel de officio torepresent him!

CODE OF

PROFESSIONAL

RESPONSIBILITY

4T6S(+gpalo)

Hstor0 o' t%e Dee*o+3ent o' Et%a*Stan/ar/s 'or La20ersη &th and &3th centur%: *e8uirement of the

law%er0s oath and the statement of his duties

η &'&: The Philippine ar adopted, as itsown, Canons & to / of the Canons of Professional 6thics of the +merican ar+ssociation! &'3: It again adopted, as itsown, Canons to 3 of the Canons of Professional 6thics of the +merican ar+ssociation

η &'HG: The Integrated ar of the Philippines

adopted a proposed Code of Professional*esponsi"ilit% which it later su"mitted to theSupreme Court for approval

η Bune /&, &'HH: The Supreme Court

promulgated the Code of Professional*esponsi"ilit%! The Code consists of //

Canons and *ules, which are divided into$ %a+ters namel%:

(&) The aw and Societ%7(/) The aw%er and the egal Profession7() The aw%er and the Courts7 and(3) The aw%er and the Clients!

η The Code is "inding upon all law%ers andfailure to live up to an% of its provision is a

ground for disciplinar% action!

Natre o' O''e o' Attorne0η The title ;attorne%< is reserved to those who,

having o"tained the necessar% degree in thestud% of law, and passed the "are1aminations, have "een admitted to theIntegrated ar of the Philippines and remainmem"ers thereof of good standing7 and it isthe% onl% who are authori$ed to practice lawin the Philippines!

η +n attorne% is more than a mere agent

"ecausea) he possesses special powers of trust andconfidence reposed in him "% his client

") he is as independent as the 2udge

c) his powers are entirel% different and farsuperior to those of an ordinar% agent!

η De is a pu"lic officer although he is not an

officer in the constitutional or statutor%meaning of the term! De occupies a 8uasi. 2udicial office "ecause he is in fact an officerof the court and thus, is su"2ect to thedisciplinar% authorit% of the court and to itsorders and directives with respect to hisrelation to the court as well as to his client!

Pr*e-es o' attorne0- + law%er has the privilege and right to

practice law during good "ehavior "efore an% 2udicial, 8uasi.2udicial or administrativetri"unal!

- +n attorne% en2o%s the presumption of regularit% in the discharge of his dut%! (i!e!De is immune, in the performance of hiso"ligation to his client, from lia"ilit% to athird person insofar as he does not

materiall% depart from his character as a8uasi.2udicial officer!)

- There are also privileges inherent in hisstatus as a 8uasi.2udicial officer! (i!e! the lawma-es his passing the "ar e1amination




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e8uivalent to a first grade or second gradecivil service eligi"ilit%!)

Dtes o' O''e

R*e #78, se. 9?! uties of

attorne's.--It is the dut% of an attorne%:a) To maintain allegiance to the *epu"lic of the

Philippines and to support the Constitutionand o"e% the laws of the Philippines7") To o"serve and maintain the respect due to

the courts of 2ustice and 2udicial officers7c) To counsel or maintain such actions or

proceedings onl% as appear to him to "e 2ust, and such defenses onl% as he "elievesto "e honestl% de"ata"le under the law7

d) To emplo%, for the purpose of maintainingthe causes confided to him, such means onl%as are consistent with truth and honor, andnever see- to mislead the 2udge or an% 2udicial officer "% an artifice or falsestatement of fact or law7

e) To maintain inviolate the confidence, and at

ever% peril to himself, to preserve thesecrets of his client, and to accept nocompensation in connection with his clients"usiness e1cept from him or with his-nowledge and approval7

f) To a"stain from all offensive personalit% andto advance no fact pre2udicial to the honor orreputation of a part% or witness, unlessre8uired "% the 2ustice of the cause withwhich he is charged7

g) 4ot to encourage either the commencementor the continuance of an action orproceeding, or dela% an% mans cause, froman% corrupt motive or interest7

h) 4ever to re2ect, for an% consideration

personal to himself, the cause of thedefenseless or oppressed7

i) In the defense of a person accused of crime,"% all fair and honora"le means, regardlessof his personal opinion as to the guilt of theaccused, to present ever% defense that thelaw permits, to the end that no person ma%"e deprived of life or li"ert%, "ut "% dueprocess of law!

4ote:

The duties of an attorne% ma% "e

classified into those, which he owes to

the court, to the pu"lic, to the "ar andto his client!

The duties ma% also "e classified into

pu"lic (operating as a faithful assistantof the court in search of a 2ust solutionto disputes), private (an attorne%

operating as a trusted agent of hisclient), and personal o"ligations (anattorne% operating as a self.emplo%ed"usinessman)!

The rules and ethics of the legal

profession demand that an attorne%su"ordinate his personal and privateduties to those, which he owes, to the

court and to the pu"lic! Dis o"ligation tohis client, in turn, ta-es precedence overhis duties to himself!

Chapter 1

The La!er and Societ!

CANON #

PRO&OTE RESPECT LA LEGALPROCESSES

In Genera*

Canon #! + law%er shall uphold

the constitution, o"e% the laws of the land andpromote respect for law and legal process!R*e #.?#! + law%er shall not engage inunlawful, dishonest, immoral or deceitfulconduct!R*e #.?9! + law%er shall not counsel ora"et activities aimed at defiance of the law or at

lessening confidence in the legal profession!R*e #.?7! + law%er shall not, for an%corrupt motive or interest, encourage an% suit ordela% an% man0s cause!R*e #.?$! + law%er shall encourage hisclients to avoid, end or settle a controvers% if itwill admit of a fair settlement!


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dis"ursements in the SC7 that he was called overthe phone several times "% a leading mem"er of SC and was as-ed to dismiss cases against twomem"ers of SC! The Court held that:

D: The SC has plenar% disciplinar% authorit% overattorne%s! This authorit% stems from the Court0sconstitutional mandate to regulate admission tothe practice of law, which includes authorit% to

regulate the practice of law! It is also an inherentpower incidental to the proper administration of 2ustice and essential to an orderl% discharge of 2udicial functions! @oreover, the SC has power topunish for contempt an%one connected with acase at "ar to protect it from improperinterference with due administration of 2ustice!This is not dependent upon the complaint of an%of the parties!

The power to punish for contempt and power todiscipline attorne%s are two inherent powers of the Court! ith respect to law%ers, thedisciplinar% powers of SC is "roader in scopethan the power to punish for contempt since it

ma% cover an% misconduct other than contempt!The power to punish for contempt however ma%appl% to "oth law%ers and non.law%ers!

+lthough the Court, in deciding Fon$ales0 case,ma% act as offended part%, prosecutor andar"iter at the same time, it is e1ercising itspowers! +s held in In *e +lmacen, disciplinar%proceedings are sui generis (one of its -ind)! It isneither purel% civil nor purel% criminal since it isan investigation as to whether the attorne% isstill fit to "e allowed the privilege as such! Pu"licinterest is its primar% o"2ective!

n Fon$ales0 principal defense of freedom of

speech: #reedom of e1pression and of speech isnot a"solute and needs an occasion to "ead2usted to and accommodated with there8uirements of e8uall% important pu"licinterestsKone of which is the maintenance of theintegrit% and orderl% functioning of theadministration of 2ustice! There is no antimon%"etween free e1pression and the integrit% of thes%stem of administering 2ustice! oth areindispensa"le to a free societ%! Dowever, alaw%er0s right of free e1pression ma% have to "emore limited than that of a la%man! @oreover, asspecial prosecutor, he owes duties of fidelit% andrespect to *P and SC more than a private law%er!esides, the nature and manner of Fon$ales0

criticism e1ceeded the "ounds of decenc% andpropriet%!

RULE #.?#NO UNLAFUL, DISHONEST, I&&ORAL ORDECEITFUL CONDUCT

R*e #.?#! + law%er shall not

engage in unlawful, dishonest, immoral ordeceitful conduct!

4T6S(+gpalo)

Jnlawful conduct

η act or omission which is against the law

Aishonest actη act of l%ing or cheating

Immoral or deceitful conductη one that involves moral turpitude!

Fross immoralit%η + grossl% immoral act is one that is so

corrupt and false as to constitute a criminalact or so unprincipled or disgraceful as to "ereprehensi"le to a high degree! (e1!+dulter%)

η @ere intimac% "etween a man and a woman,either of whom possesses no legalimpediment to marr%, voluntaril% carried onand devoid of an% deceit on the part of thelaw%er, is neither so corrupt nor unprincipledas to warrant imposition of disciplinar%sanction, even if the woman gives "irth to achild, so long as he admits paternit%!Aisowning child or refusing to support it ma%"e ground for disciplinar% action!

η Coha"itation per se is not immoral,depending on surrounding circumstances!

η The 8uestion as to whether an act is sounprincipled or so disgraceful as to "ereprehensi"le to a high degree presents amore difficult pro"lem for the answer ma%,to some e1tent, depend upon the pre2udice,caprice and "ias of the court and the generalconcept of moralit% prevailing at the time!

η It is not necessar% that there "e prior

conviction for a law%er0s act to "e grossl%immoral7 it is enough that the act charged,in the language of the law, constitute acrime!

η 6ven if evidence is not sufficient to hold

law%er lia"le for gross immoralit%, reprimandma% "e proper where evidence shows failureto compl% with rigorous standards of conductappropriatel% re8uired from the mem"ers of the ar and officers of the court! +s officersof the court, law%ers must not onl% in fact "e




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of good moral character "ut must also "eseen to "e of good moral character!

Conviction of a crime involving moral turpitudeη @oral turpitude means an%thing which is

done contrar% to 2ustice, honest%, modest%or good morals, or to an% act of vileness,"aseness or depravit% in the private and

social duties that a man owes his fellowmenor to societ%, contrar% to the accepted rule of right and dut% "etween man and man!

η In general, all crimes of which fraud ordeceit is an element or those which areinherentl% contrar% to rules of right conduct,honest% or moralit% in a civili$ed communit%involve moral turpitude!

#raudulent transactionsη Commission of fraud or falsehood show that

the law%er is unfit to manage the legal"usiness of others, unworth% of pu"licconfidence and devoid of high sense of

moralit% and fair dealing e1pected andre8uired of a mem"er of the "ar! (e1!misappropriating mone%, falsif%ing power of attorne% to collect mone%, etc!!!)

(+guirre)

Immoral Conduct

η that which is willful, flagrant or shameless

and which shows a moral indifference to theopinion of the good and respecta"lemem"ers of the communit%!

@oral Turpitude

η includes an% act done contrar% to 2ustice,honest%, modest% or good morals

Conductη as used in this rule is not limited to conduct

e1hi"ited in connection with the performanceof professional duties!

Barros . &artne@ (/GG3)

Eiolation of P // is a crime involving moralturpitude. @oral turpitude ;includes ever%thingwhich is done contrar% to 2ustice, honest%,modest%, or good morals

dishonest% and immoral conduct as to underminethe pu"lic confidence in law and law%ers! TheCourt also noted that dis"arment is nottantamount to a deprivation of propert% withoutdue process of law! The purpose of a proceedingfor dis"arment is ;to protect the administrationof 2ustice "% re8uiring that those who e1ercisethis important function shall "e competent,honora"le and relia"le!< + proceeding for

dis"arment is not in an% sense a civil action!Aisciplinar% proceedings involve no privateinterest and afford no redress for privategrievance! The% are prosecuted solel% for thepu"lic welfare and for preserving courts of 2usticefrom the official ministrations of persons unfit topractice them! #urthermore, the Court held too-notice of the fact that it too- an inordinate lengthof time for the respondent to responding to theCourt0s re8uirement that he su"mit his Commenton the original petition to dis"ar him! Des8uandered awa% %ears to have his da% incourt! These acts constitute a willfuldiso"edience of the lawful orders of the Court,which under Sec! / of *ule &H is in itself a

cause sufficient for dis"arment!

U . Bon'ao (/GGG)

The SC found that the imprudence of an attorne%who married a man alread% previousl% married(without initiall% -nowing that he was in factmarried "ut, upon ac8uiring such -nowledge, cutoff all ties with him) did not constitute immoralconduct sufficient for her dis"arment! The Courtemphasi$ed that the practise of law is a privilegewhich can "e revo-ed once a law%er violates hisoath and that the dictates of legal ethics and there8uisite of good moral character in theadmission to the practise of law must "e

continuous as a re8uirement to the en2o%ment of the privilege of the practise of law! #urthermorelaw%ers, as -eepers of pu"lic faith, are "urdenedwith a higher degree of social responsi"ilit% andthus must handle their personal affairs withgrater caution! The respondent was imprudentin the sense that she should have investigatedthe fact that the man with whom she hadrelations was married! 4evertheless, the factthat she distanced herself from him shows thatshe displa%ed no moral indifference! The *atiodecidendi of the Court is that the re8uisite of good moral character in the admission to thepractise of law must "e continuous as are8uirement to the en2o%ment of the privilege of the practise of law! It is the "ounden dut% of law%ers to adhere unwaveringl% to the higheststandards of moralit%!

Se4astan Ca*s (&''')




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+tt%! Calis0 was found guilt% of gross misconduct"% engaging in unlawful, dishonest, immoral ordeceitful conduct for deceiving Se"astian that hecould provide her with wor-ing travel papers tothe JS!

Co Bernar/no (&''H)

The SC found ernardino guilt% of violation of

*ule &!G& of the Code for procuring personalloans through insinuations of his power as aninfluence peddler in the ureau of Customs, theissuance of a series of "ad chec-s and the ta-ingof undue advantage of his position in theaforementioned government office!

F-eroa . Barrano (&'')

+tt%! arranco was not dis"arred despite the factthat he had se1ual congress with Patricia#igueroa with whom he "egot a child, promisedthat he would marr% her after he passed the "ar"ut then married another woman! The Court heldthat grossl% immoral conduct is one that is so

corrupt and false as to constitute a criminal actor so unprincipled or disgraceful as to "ereprehensi"le to a high degree! @ere intimac%"etween a man and a woman, "oth of whompossess no impediment to marr%, voluntaril%carried on and devoid of an% deceit on the partof the respondent, is neither so corrupt nor sounprincipled as to warrant the imposition of disciplinar% sanction against him, even if as aresult of such relationship a child is "orn out of wedloc-! The acts were consensual, as proven "%the %ears of their amica"le and intimaterelations!

Cast**o /a &ares V**a*@ (&'')SC found Bustice Eillalu$ guilt% of deceitful andgrossl% immoral conduct for marr%ing BudgeCastillo despite having previousl% "een marriedand then su"se8uentl% marr%ing a third woman!

Fernan/e@ Grea (&'')

+tt%! Frecia was guilt% of violating Canon & "%surreptitiousl% tearing of two pages of medicalrecords which were evidence in a case he washandling!

In re Lonto (&''/)onto- was convicted of "igam% "ut was issued apardon "% the Fovernor Feneral! The SC heldthat where dis"arrment proceedings dependsolel% on a conviction for violation of a statute,the pardon of the crime for which the attorne%

had "een convicted "ars the administrativeproceeding!

Lsa@o A3ante (&''&)

Aespite there "eing not attorne%.clientrelationship "etween isa$o and +mante, the SCfound +tt%! +mante guilt% of malpractice anddishonest% in his profession for failing to return

isa$o0s mone% despite repeated demands!

Batsta . Gon@a*es (&''G)

The purchase "% a law%er of his client0s propert%in litigation constitutes a "reach of professionalethics for which a disciplinar% action ma% "e"rought against him that he e1pressl% violatedthe law prohi"iting a law%er from ac8uiring hisclient0s propert% involved in an% litigation inwhich he ma% ta-e part "% virtue of hisprofession (&3'& CC)% failing to disclose to his client that a land hadalread% "een sold at a pu"lic auction prior to thee1ecution of a land development agreement,

Fon$ales failed to live up to the rigorousstandards of ethics of the law profession whichplace a premium on honest% and condemnduplicitous conduct!

% su"mitting falsified documents wherein /signatories were made to appear as having fi1edtheir signatures, Fon$ales acted in willfuldisregard of his solemn dut% as a law%er to act atall times in a manner consistent with the truth!

Peo+*e Tan/a (&'H')

+ conviction for violating a special law, P // fore1ample, is sufficient ground for finding an

attorne% guilt% of moral turpitude and thussu"2ect to administrative proceedings!

Cor/oa Cor/oa (&'H')

The reconciliation "etween the +tt%! hus"and andhis wife who had initiated the administrativeproceedings against him for engaging in anadulterous and clearl% immoral relationship doesnot ;wipe awa% the misconduct and immoral"ehavior!


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fellow law%er and thus was readmitted into thepractice of law!

Ar-a . &an2an- (&'H&)

The SC found that +tt% @aniwang should not "edis"arred despite having engaged in repeatedacts of coha"itation with +rciga which resulted inthe "irth of their son and then having married

another woman despite promises that he wouldmarr% +rciga!

In re Gterre@ (&'/)

Fon$ales was convicted of murder "ut was thengranted conditional pardon "% the President!hen the pardon is conditional and merel%remits the une1ecuted portion of the penalt%,administrative proceedings cannot "eautomaticall% "arred!

Patt A4or/o (&')+tt%! +"ordo was duped into "u%ing fa-e opium!De sought the help of police authorities torecover his mone% (what an idiotQ)!+s a general rule the SC will not assume 2urisdiction over one of its officers when thealleged misconduct was performed in hispersonal capacit%! The e1ception is the att%! whowill "e removed from office for gross misconductnot connected w9 his professional duties!

RULE #.?9.NO COUNSELING TO DEFY LA

R*e #.?9! + law%er shall notcounsel or a"et activities aimed at defiance of the law or at lessening confidence in the legalprofession!

4T6S(+gpalo)

η *ule &!G/ re8uires that the law%er should notpromote an organi$ation -nown to "eviolating the law nor assist it in a schemewhich he -nows is dishonest! De should notallow his services to "e engaged "% anorgani$ation whose mem"er as violating the

law, to defend them when the% get caught!

Estra/a . San/-an4a0an (/GG)

The SC indefinitel% suspended +tt%! Paguia forma-ing claims that the 2ustices of the SupremeCourt have "een participating in partisan political

activit% and have pre2udged a case that willassail the legalit% of an act done "% President+rro%o, that !strada * Arro'o is a patentmoc-er% of 2ustice and due process, that 2ustices of Sandigan"a%an made their "iasmanifest and are impartial against his client!The Court held that Canon && of the Code of Professional *esponsi"ilit% mandates that alaw%er should o"serve and maintain the respect

due to the courts and 2udicial officers, and insiston similar conduct "% others! Paguia, in li"erall%imputing sinister and devious motives and8uestioning the impartialit%, integrit% andauthorit% of the mem"ers of the Supreme Court,succeeded in see-ing to impede, o"struct andpervert the dispensation of 2ustice! *ule &!G/of the Code of Professional *esponsi"ilit%prohi"its a mem"er of the "ar from ma-ingpu"lic statements on a case that ma% tend toarouse pu"lic opinion for or against an% part%!ith alread% an earlier admonition, Paguia isindefinitel% suspended for conduct un"ecomingof a law%er!

*atio Aecidendi: The Supreme Court will notdenounce criticism made "% an%one against theCourt for, if well founded can trul% haveconstructive effects in the tas- of the Court, "utit will not countenance an% wrongdoing nor allowthe erosion of our people0s faith in the 2udicials%stem, let alone, "% those who have "eenprivileged "% it to practise law in the Philippines!

In re Tere** (&'G)

Terrel was found guilt% of malpractice or grossmisconduct for assisting in the esta"lishment andacting as counsel for the Centro ellas +rtesClu", an organi$ation intending to evade the

practice of law!

RULE #.?7NO TO ENCOURAGING LASUITS OR PROCEEDINGS

R*e #.?7! + law%er shall not, for

an% corrupt motive or interest, encourage an%suit or dela% an% man0s cause!

4T6S(+gpalo)

η To stir up litigation is a crime -nown as

;maintenance< at common law!

η +mong the unprofessional acts that are

prohi"ited include: volunteering advice to"ring lawsuit (e1cept when ties of "lood,relationship, or trust ma-e it his9her dut% todo so)7 hunting up defects in titles or other




13/164

causes of action and informing thereof inorder to "e emplo%ed to "ring suit or collect 2udgment, or to "reed litigation "% see-ingout claims of personal in2uries or thosehaving an% other grounds of action in orderto secure them as clients7 emplo%ing agentsor runners or agents for li-e purposes7pa%ing reward (directl% or indirectl%) tothose who "ring or influence in "ringing such

cases to his office7 rewarding policemen,court or prison officials, ph%sicians, hospitalattaches or others who ma% succeed, underthe guise of giving disinterested friendl%advice, in influencing the criminal, the sic-and the in2ured, the ignorant or others, tosee- professional services7 searchingun-nown heirs and soliciting theiremplo%ment of him7 initiating a meeting of the mem"ers of clu" and inducing them toorgani$e and contest legislating underhis9her guidance7 purchasing notes to collectthem "% litigation at a profit7 furnishingcredit reports in e1pectation of possi"leemplo%ment7 agreeing with a purchase of

future interests to invest therein inconsideration of his services! The purpose of prohi"iting these acts is to preventam"ulance chasing (solicitation of almostan% -ind of legal "usiness "% la%menemplo%ed "% an attorne% for the purpose or"% the attorne% himself)! +m"ulance chasingis prohi"ited "ecause it stirs up litigationwith resulting "urdens on courts and thepu"lic7 supports per2ur%, the defrauding of innocent persons "% 2udgments, uponmanufactured causes of actions and thedefrauding of in2ured persons having propercauses of action "ut ignorant of legal rightsand court procedure "% means of contracts

which retain e1or"itant e1penses and "%settlement made for 8uic- returns of feesagainst the rights of the in2ured persons!

Sa4rn/o . &a/rono (/GG&)

#: *espondent @adroRo was a 2udge of the@unicipal Circuit Trial Court! Prior to the presentcase, Eenustiano Sa"urnido had filed charges of grave threats and acts un"ecoming a mem"er of the 2udiciar% against @adroRo for pointing ahigh.powered firearm at him and for allowingother persons to ta-e confiscated smuggledgoods deposited in his court! +nother case wasfiled "% the assistant provincial prosecutoragainst the 2udge for reducing "ail in a criminalcase without notice to the prosecution! #orthese charges, @adroRo was dismissed from the 2udiciar% and his retirement "enefits wereforfeited! In retaliation, the former 2udge filed 3charges against the spouses namel%: seriousirregularit%, falsification, evasion thru negligence

and violation of the mni"us Code! SpousesSa"urnido filed this administrative complaint fordis"arment against +tt%! @adroRo! The% allegedthat respondent has "een harassing them "%filing numerous complaints against them as wellas acts of dishonest%!

D: +tt%! #lorante @adroRo should "e not "edis"arred "ut he does merit a suspension of &

%ear! + law%er ma% "e disciplined for an%conduct, in his professional or private capacit%,that renders him unfit to continue to "e anofficer of the court! Canon of the Code of Professional *esponsi"ilit% commands all law%ersto, at all times, uphold the dignit% and integrit%of the legal professional! Clearl%, +tt%! @adroRo0sact of filing multiple complaints against theSa"urnidos reflects on his unfitness to "e amem"er of the legal profession! Dis act evincesvindictiveness, a decidedl% undesira"le traitwhether in a law%er or another individual! Thesupreme penalt% of dis"arment is meted out onl%in clear cases of misconduct that seriousl% affectthe standing and character of the law%er as an

officer of the court! Suspension is a sufficientsanction against respondent! It is not primaril%intended as a punishment "ut as a means toprotect the pu"lic and the legal profession!

RULE #.?$ENCOURAGE CLIENT TO AVOID

CONTROVERSY

R*e #.?$! + law%er shall

encourage his clients to avoid, end or settle acontrovers% if it will admit of a fair settlement!

4T6S

(+gpalo)

η The function of a law%er is not onl% to

conduct litigation "ut to avoid it wherepossi"le, "% advising settlement orwithholding suit! De9she must act asmediator for compromise rather than aninstigator and conflict! hat sometimes"eclouds a law%er0s 2udgment as to what is"est for his client is his9her e%e on theattorne%0s fees which are often considera"l%less when the cause is amica"l% settled! Thepro"lem of conflict of interests must "eresolved against self.interest!

Castane/a A-o (&'5)

+tt%! uison was found guilt% of instigatingcontrovers% and "eing a predator of conflict formaneuvering for &3 %ears to doggedl% resist thee1ecution of the court0s decision thru manifoldtactics from one court to another!




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SPECIAL RULES ITH RESPECT TONOTARIAL PRACTICE

9??$ R*es on Notara* PrateK

+446L6A

S+oses Sant0o . H/a*-o (/GG5)The SC found a notar% pu"lic negligent in hisdut% for allowing office secretaries to perform hisnotarial functions, i!e!, safe-eeping of his notarialdr% seal and notarial register! The Court held that ;considering that the responsi"ilit% attached to anotar% pu"lic is sensitive, respondent shouldhave "een more discreet and cautious in thee1ecution of his duties as such and should nothave wholl% entrusted ever%thing to thesecretaries7 otherwise he should not have "eencommissioned as notar% pu"lic!Sta@aria!+rntn-? =@iles>@ala%a!*etres?=Bapee>Aeeon!+o*1*a2? =+scheia>umul!re31*a2? =Paul>Sorino9Bud%>*ipol!1*a2? =D%a>*afael9@ac>@acapagal!r31*a2?



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Legal Aid 6ffice! egal aid is not a matter of charit%! It is a means for the correction of socialim"alance that ma% and often do lead toin2ustice, for which reason it is a pu"licresponsi"ilit% of the ar! The spirit of pu"licservice should, therefore, underlie all legal aidoffices! The same should "e administered toindigent and deserving mem"ers of thecommunit% on all cases, matters and situations

in which legal aid ma% "e necessar% to forestallan in2ustice!

R*e #$.?7. + law%er ma% not

refuse to accept representation of an indigentunless: (a) he is in no position to carr% out thewor- effectivel% or competentl% or (") he la"oursunder a conflict of interest "etween him and theprospective client or "etween a present clientand the prospective client

Le/es3a C*3ao (&'3)

edesma, who was appointed 6lection *egistrarof his municipalit% was not e1cused from acting

as counsel in criminal proceedings that hadstarted that same %ear! @oreover, to avoid thefrustration of the case, especiall% such as wherethe defendants are indigent, a law%er ma% "ere8uired to act as a counsel de oficio! The factthat his services were rendered withoutrenumeration should not occasion a diminution of his $eal! @ost importantl%, the Constitution"lessed the accused with the right to "e heard "%himself and "% counsel! This manifests theindispensi"le role of a law%er in the defense of the accused!

4T6S(+gpalo)

η This rule stems from one of the o"ligations

incident to the status and privileges of alaw%er which is to represent the poor andthe oppressed in the prosecution of theirclaims or the defense of their rights! Thecourt is empowered to re8uire a law%er torender legal service (to designate him9her ascounsel de oficio for an accused if the latteris una"le to emplo% counsel de parte)!

η The Integrated ar of the Philippines throughits Committee on egal +id has esta"lishedlegal aid offices throughout the countr%! Its

o"2ective is to provide on a nationwide "asislegal services in favor of the poor segment of societ%! Their polic% is that legal aid is not amatter of charit%! It is a means for thecorrection of social im"alance that ma% andoften do lead to in2ustice, which ma-es it apu"lic responsi"ilit% of the ar!

RULE 9NOT TO REFUSE TO GIVE LEGAL ADVISE

R*e 9.?9! In such cases, even if

the law%er does not accept a case, he shall notrefuse to render legal advice to the personconcerned if onl% to the e1tent necessar% to

safeguard the latter0s rights!

4T6S(+gpalo)

η + valid reason to refuse is when the law%er

is is not in a position to carr% out the wor-effectivel% and competentl%! Dowever heshall still render legal advice (such as thosepertaining to preliminar% steps a person canta-e)! ut he shall refrain from giving legaladvice if the reason for not accepting thecase is that there involves a conflict of interest ("etween him and a prospective

client or "etween a present client and aprospective client)! In the case mentioneda"ove, rendering legal advice to theprospective client will esta"lish an attorne%.client relationship "etween them and this willconstitute a violation of the rule prohi"iting alaw%er from representing conflictinginterests!

RULE 9.?7NO SOLICITATION

R*e 9.?7! + law%er shall not do or

permit to "e done an% act designed to primaril%solicit legal "usiness!

R*e #78, se. 9=! + mem"er of

the "ar ma% "e dis"arred or suspended from hisoffice as attorne% "% the SC for an%…malpractice…! The practice of soliciting cases atlaw for the purpose of gain, either personall% orthrough paid agents or "ro-ers, constitutesmalpractice!

4T6S(+gpalo)

η This is a prohi"ition on professionalflaunting! 61amples of such are law%ers who

recommend their emplo%ment or theemplo%ment of a partner, associate, ormem"er of his legal staff to a non.law%erwho has not sought his legal adviceregarding emplo%ment of a law%er orlaw%ers who pa% a person or organi$ation torecommend or secure their emplo%ment of a




16/164

client7 rewards a person or organi$ation forhaving made a recommendation thatresulted in his emplo%ment "% a client!

RULE 9.?$NO RATES OTHER THANCUSTO&ARILY CHARGED

R*e 9.?$! + law%er shall not

charge rates lower than those customaril%prescri"ed unless the circumstances so warrant!

4T6S(+gpalo)

η hat the rule prohi"its is the competition in

the matter of charging professional fees forthe purposed of attracting clients in favor of the law%er who offers lower rates! The ruledoes not prohi"it a law%er from charging areduced fee or none at all to an indigent orto a person who would have difficult% pa%ingthe fee usuall% charged for such services!

CANON 7INFOR&ATION ON LEGAL SERVICES THATIS TRUE, HONEST, FAIR AND DIGNIFIED

Canon 7! + law%er in ma-ing

-nown his legal services shall use onl% true,honest, fair, dignified and o"2ective informationor statement of facts!

R*e 7.?#! + law%er shall not use or permitthe use of an% false, fraudulent, misleading,

deceptive, undignified, self.laudator%, or unfairstatement or claim regarding his 8ualifications orlegal services!

R*e 7.?9! In the choice of a firm name, nofalse, misleading or assumed name shall "eused! The continued use of the name of adeceased partner is permissi"le provided that thefirm indicates in all its communications that saidpartner is deceased!

R*e 7.?7! here a partner accepts pu"licoffice, he shall withdraw from the firm and hisname shall "e dropped from the firm nameunless the law allows him to practice law

concurrentl%!

R*e 7.?$! + law%er shall not pa% or givean%thing of value to representatives of the massmedia in anticipation of, or in return for, pu"licit%to attract legal "usiness!

4T6S(+gpalo)

η +lthough advertising is not reall% malum inse here are some reasons wh% it isprohi"ited: mem"er of honoura"le professionprimaril% for pu"lic service7 different fromshop-eeper who advertises to have privategain7 commercialises the profession, lowers

pu"lic confidence, lessens a"ilit% to renderhigh character of service7 involves self.praiseand puffing (conscientious and ethical are atthe merc% of "raggarts)7 assertion of fraudulent claims, corruption, attac-s onmarital sta"ilit%7 ma% increase lawsuits andresults in needless litigation! Instead,law%ers should emplo% methods compati"lewith the traditional dignit% and in themaintenance of correct professionalstandards! est advertising is a well.meritedreputation for professional capacit%!

η 61ceptions to this rule (i!e! ;advertisingaldrias!%ea/? =4a%na>@ala%ang!/e+t0? =*hud$>*a%mundo!seretarat? =Aionne>Sanche$!aa/s?=Bam>Baco"!/es-n? o""ie>Sta@aria!+rntn-? =@iles>@ala%a!*etres?=Bapee>Aeeon!+o*1*a2? =+scheia>umul!re31*a2? =Paul>Sorino9Bud%>*ipol!1*a2? =D%a>*afael9@ac>@acapagal!r31*a2?



17/164

NO FALSE OR UNFAIR CLAI& REGARDING6UALIFICATIONS

R*e 7.?#! + law%er shall not use

or permit the use of an% false, fraudulent,misleading, deceptive, undignified, self.laudator%, or unfair statement or claim regardinghis 8ualifications or legal services!

Se 9= Canon o' Pro'essona* Et%s! Ad*ertising& irect of 7ndirect KThe most worth%

and effective advertisement possi"le, even for a%oung law%er, and especiall% with his "rotherlaw%ers, is the esta"lishment of a well.merittedreputation for professional capacit% and fidelit%to trust! This cannot "e force, "ut must "e theoutcome of character and conduct! Thepu"lication or circulation of ordinar% simple"usiness cards, "eing a matter of personal tasteor local custom, and some times of convenienceis not per se improper! ut solicitation of "usiness "% circulars or advertisements, or "%personal relations is unprofessional! It is e8uall%unprofessional to procure "usiness "% indirection

through touters of an% -ind whether allied realestate firms or trust companies advertising tosecure the drawing of deeds or wills or offeringretainers in e1change for e1ecutorships ortrusteeships to "e influenced "% the law%er!Indirect advertisement for "usiness "% furnishingor inspiring newspaper comments concerning themanner of their conduct, the magnitude of theinterests involved, the importance of the law%er0sposition, and all other li-e self.laudation, def%the traditions and lower the tone of our highcalling and are intolera"le!

Se $; Canon o' Pro'essona* Et%s.

otice of speciali8ed ser*iceKhere a law%er isengaged in rendering a speciali$ed legal servicedirectl% and onl% to other law%ers, a "rief,dignified notice of that fact, couched in languageindicating that it is addressed to law%ers,inserted in legal periodicals and li-e pu"lications,when it will afford convenient and "eneficialinformation to law%ers desiring to o"tain suchservice, is not improper!

4T6: The e1plication of the Canon !G& refersitself "ac- to the rather outdated Canon of Professional 6thics! (Prof! Bardele$a):

In re Ta-or/a (&'/')

#: Tagorda was suspended for soliciting"usiness "ecause "efore Tagorda0s election to theprovincial "oard of Isa"ela, he used a cardoffering services as an attorne% and a notar%pu"lic free! The card also stated that he was a

candidate for the provincial "oard! +fter hiselection, he wrote a letter to the "arriolieutenant informing him that we would continuehis practice as law%er and as-ing that thelieutenant transmit this information to the "arrio!

D: Sec! / of the Code of Professional6thics states that the most worth% and effectiveadvertisement possi"le, is the esta"lishment of a

well.merited reputation for professional capacit%and fidelit% to trust! This cannot "e forced "utmust "e the outcome of character and conduct!

Solicitation of "usiness circulars oradvertisement, or "% personal communication orinterviews not warranted "% personal relations isunprofessional!

Indirect advertisement for "usiness "% furnishingor inspiring newspaper comments concerning themanner of their conduct, the magnitude of theinterests involved, the importance of the law%er0sposition, and all other li-e self.laudation, def%the tradition and lowers the tone of the high

calling are intolera"le!Canon /H further provides that it isunprofessional for a law%er to volunteer advice to"ring a lawsuit, e1cept where ties of "lood,relationship or trust ma-es it his dut% to do so!Stirring up strife and litigation is not onl%unprofessional "ut is indicta"le at common law,and one of the penalties for this offence wasdis"arment!

The law is a profession and not a "usiness! Thelaw%er ma% not sell or o"tain emplo%menthimself or through others for to do so would "eunprofessional! It is destructive of the honour of a great profession! It lowers the standards of

that profession! It wor-s against the confidenceof the communit% and it results in needlesslitigation!

U*e+ Le-a* C*n (&'')

supra at introductionThe Code of Professional *esponsi"ilit% providesthat a law%er in ma-ing -nown his legal servicesshall use onl% true, honest, fair, dignified ando"2ective information or statement of facts!aw%ers should not resort to indirectadvertisements for professional emplo%ment!

The standards of the legal profession condemnthe law%er0s advertisement of his talent, this reston the fundamental postulate that the practice of law is a profession! The law%er degrades himself and his profession who stoops to and adopts thepractices of mercantilism "% advertising hisservices or offering them to the pu"lic!




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4ot all t%pes of advertising or solicitation areprohi"ited! The e1ceptions are of two "roadcategories, those, which are e1pressl% allowed,and those, which are necessaril% implied fromthe restrictions! The first of such e1ceptions isthe pu"lication in reputa"le law lists, in a mannerconsistent with the standards of conductimposed "% the canons, or "rief "iographical andinformative data

%an . S34**o (/GG)

#: +tt%! Sim"ulo was found guilt% forviolating *ule /!G and !G/ of the Code of Professional *esponsi"ilit% and sec! / *ule &H,of the *ules of Court for advertising his servicesin a Philippine Aail% In8uirer ad which read ;+nnulment of @arriage Specialist 5/.395/&./!<

D: The solicitation of legal "usiness is notaltogether proscri"ed! Dowever, for solicitation to"e proper, it must "e compati"le with the dignit%of the legal profession! If it were made in amodest and decorous manner, it would "ring noin2ur% to the law and to the "ar! The use of simple signs stating the name or names of thelaw%ers, the office, and the residence addressand fields of practice, as well as advertisement inlegal periodicals "earing the same "rief data andthe use of calling cards are permissi"le! Thepu"lication in reputa"le law lists in a mannerconsistent with the standards of conductimposed "% the canon, of "rief "iographical andinformative data is li-ewise allowed! ut a law%erma% not properl% pu"lish his "rief "iographicaland informative data in a dail% paper, maga$ine,trade 2ournal or societ% program (9lep *. Legal linic& 7nc.)!

Dretor o' re*-os A''ars Ba0ot

(&'33)a%ot was reprimanded for pu"lishing anannouncement in the Sunda% Tri"une advertisinghis services in getting a marriage license and inarranging marriages and his free legalconsultation for the poor!

RULE 7.?9NO FALSE OR &ISLEADING FIR& NA&E

R*e 7.?9! In the choice of a firm

name, no false, misleading or assumed nameshall "e used! The continued use of the name of a deceased partner is permissi"le provided thatthe firm indicates in all its communications thatsaid partner is deceased!

Daana0 Baer an/ &en@e

(&'H5)#: ecause a-er and @cen$ie is an alienlaw firm not authori$ed to practice law in thePhilippines, the respondents were en2oined fromusing the name as it constituted amisrepresentation!

D: The respondent0s use of the firm name

constitutes a representation that "eingassociated with a-er and @cen$ie the% could ;render legal services to the highest 8ualit% tomultinational "usiness enterprises and othersengaged in foreign trade and investment!< This isunethical "ecause a-er U @cen$ie is notauthori$ed to practice law here!

In t%e &atter o' t%e Petton 'or

At%ort0 to Contne Use o' t%e Fr3 Na3e O@aeta, Ro3*o, /e Leon, et. an/ Petton'or At%ort0 to Contne Use o' Fr3 Na3e S0+, Sa*a@ar, Fe*ano, et. (&'')#: Surviving partners cannot continue to

use the names of the deceased partners! TheCourt held, amongst others, that…D: Continued use will run counter to +rt!&H&5 CC which tacitl% provides that names in afirm name of a partnership must "e those of living partners and, in case of non.partners,should "e living persons who can "e su"2ect tolia"ilit%! The pu"lic relations value of the use of an old firm name can create undue advantageand disadvantage in the practice of theprofession!

Canon does not consider the act unethicalwhen such practice is permissi"le "% localcustom "ut it warns that care should "e ta-en to

avoid deception! In the Philippines, no localcustom permits or allows the continued use of adeceased partner0s name "ecause here, thepractice is to identif% the more active and9ormore senior mem"ers or partners of the lawfirm!

The practice is allowed in the J!S! "ecause it issanctioned "% custom! Dere, there is no localcustom allowing such! In this case, where aprevious SC decision has laid the rule against thecontinued use of a deceased partner0s name, nocustom or practice, even if proven, can prevail!

The practice of law is intimatel% and peculiarl%related to the administration of 2ustice andshould not "e considered li-e an ordinar% ;mone%.ma-ing trade!< It is the essence of aprofession that it is practiced in a spirit of pu"licservice! + trade aims primaril% at personal gain7a profession at the e1ercise of powers "eneficialto man-ind!




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The spirit of public ser*ice in which theprofession of law is and ought to "e e1ercised isa prere8uisite of sound administration of 2usticeaccording to law! The two other elements,organi8ation and pursuit of a learned art , havetheir 2ustification in that the% secure andmaintain that spirit!

RULE 7.?7PARTNERS ASSU&ING PUBLIC OFFICE

R*e 7.?7! here a partner

accepts pu"lic office, he shall withdraw from thefirm and his name shall "e dropped from the firmname unless the law allows him to practice lawconcurrentl%!

Const, art. VI, se. #$. =limitation? 4o

Senator or mem"er of the Douse of *epresentative ma% personall% appear "eforean% court of 2ustice or "efore the 6lectoralTri"unal, or 8uasi.2udicial and other

administrative "odies…

Const, art. VII, se. #7.

prohi"ition? The President, Eice.President, the mem"ers of the ca"inet andassistants shall not, unless otherwise provided inthis Constitution, hold an% other office oremplo%ment during their tenure! The% shall not,during said tenure, directl% or indirectl% practicean% profession…

Const, Art. I", Se. 9. prohi"ition?

4o mem"er of a Constitutional Commission shall,during his tenure, hold an% other office oremplo%ment! 4either shall he engage in thepractice of an% profession…

4T6S(+gpalo)

η Pu"lic office is pu"lic trust, e1pected to

perform with highest degree of responsi"ilit%,integrit%, lo%alt% and efficienc%, e1clusivefidelit%

η +"solutel% prohi"ited: 2udges, court

emplo%ees, Solicitor Feneral, prosecutionofficers, President, Eice.President, ca"inet,

deputies and assistants (ca"inet), mem"ersof Constitutional Commissions, civil serviceofficers whose 2o"s re8uire full time devotionto the government

η egislators: not a"solutel% prohi"ited onl%

prohi"ited from appearing as counsel "efore

court of 2ustice, 6lectoral Tri"unals, 8uasi. 2udicial, other administrative "odies

prohi"ited: appearance in court and other"odies (includes arguing, filing a pleading,including him in firm name)

η ocal government officials: prohi"ited

η Sanggunian: ma%, e1cept

(&) civil case with FJ9 government is theadverse part%7(/) criminal case when officer of the FJ isaccused in relation to office7() 4ot collect an% fee for appearance inadministrative proceeding7(3) not use propert% of government e1cept whendefending government interest

η Civil service officers: with consent from headof department (written)

η Visolated case (even if prohi"ited): counselfor relative9 close famil% friend

η totall% unauthori$ed to practice law: includesdis"arred and suspended estafaQ

η egal remedies: in2unction, declarator%

relief, contempt, dis8ualification, dis"arment,estafa, administrative case

Sa3onte . Gat/*a (&''')

The SC found it improper that the name of *olando Fatdula, a "ranch cler- of court,appears on the calling card of a firm! The Codeof Conduct and 6thical Standards for Pu"licfficials and 6mplo%ees declares that it is

unlawful for a pu"lic official or emplo%ee to,among others: ;engage in the pri*ate practice of their profession unless authori8ed b' the

onstitution or law& pro*ided that such practicewill not conflict or tend to conflict with official

functions.:

RULE 7.?$.NO USE OF &EDIA TO ATTRACT BUSINESS

R*e 7.?$! + law%er shall not pa%

or give an%thing of value to representatives of the mass media in anticipation of, or in returnfor, pu"licit% to attract legal "usiness!

En Ban Reso*ton (&''&)

Spurred "% +rt or2al0s letter to CB #ernanregarding the live TE and radio coverage of thehearing of Ppl v eltran where Pres! +8uino too-the witness stand and Budge @a-asiar0s letter of




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response den%ing that he had given suchpermission to the Presidential roadcast Staff,the SC passed the following resolution: ;Considering the pre2udice it poses to thedefendant0s right to due process as well as to thefair and orderl% administration of 2ustice, andconsidering further that the freedom of the pressand the right of the people to information ma%"e served and satisfied "% less distracting,

degrading and pre2udicial means, live radio andtelevision coverage of court proceedings shall not"e allowed! Eideo footages for news purposesshall "e restricted and limited to shots of thecourtroom, the 2udicial officers, the parties andtheir counsel ta-en prior to the commencementof official proceedings! 4o video shots orphotographs shall "e permitted during the trialproper!Sta@aria!+rntn-? =@iles>@ala%a!*etres?=Bapee>Aeeon!+o*1*a2? =+scheia>umul!re31*a2? =Paul>Sorino9Bud%>*ipol!1*a2? =D%a>*afael9@ac>@acapagal!r31*a2?



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R*e ;.?9. + law%er in government serviceshall not use his pu"lic position to promote oradvance his private interests, nor allow the latterto interfere with his pu"lic duties!

R*e ;.?7! + law%er shall not, after leavinggovernment service, accept engagement oremplo%ment in connection with an% matter inwhich he had interned!

RA ;=#7, (Co/e o' Con/t an/

Et%a* Stan/ar/s 'or P4* O''a*s an/E3+*o0ees.)Se. $(A) orms of onduct of Public 6fficials and !mplo'ees. (+) 6ver% pu"lic

official and emplo%ee shall o"serve thefollowing as standards of personal conduct inthe discharge and e1ecution of officialduties:(a) Commitment to pu"lic interest! . Pu"lic

officials and emplo%ees shall alwa%suphold the pu"lic interest over anda"ove personal interest! +ll governmentresources and powers of their respectiveoffices must "e emplo%ed and usedefficientl%, effectivel%, honestl% andeconomicall%, particularl% to avoidwastage in pu"lic funds and revenues!

(") Professionalism! . Pu"lic officials andemplo%ees shall perform and dischargetheir duties with the highest degree of e1cellence, professionalism, intelligenceand s-ill! The% shall enter pu"lic servicewith utmost devotion and dedication todut%! The% shall endeavor to discouragewrong perceptions of their roles asdispensers or peddlers of unduepatronage!

(c) Bustness and sincerit%! . Pu"lic officialsand emplo%ees shall remain true to thepeople at all times! The% must act with 2ustness and sincerit% and shall notdiscriminate against an%one, especiall%the poor and the underprivileged! The%shall at all times respect the rights of others, and shall refrain from doing actscontrar% to law, good morals, goodcustoms, pu"lic polic%, pu"lic order,pu"lic safet% and pu"lic interest! The%shall not dispense or e1tend unduefavors on account of their office to theirrelatives whether "% consanguinit% oraffinit% e1cept with respect to

appointments of such relatives topositions considered strictl% confidentialor as mem"ers of their personal staff whose terms are coterminous withtheirs!

(d) Political neutralit%! . Pu"lic officials andemplo%ees shall provide service to

ever%one without unfair discriminationand regardless of part% affiliation orpreference!

(e) *esponsiveness to the pu"lic! . Pu"licofficials and emplo%ees shall e1tendprompt, courteous, and ade8uateservice to the pu"lic! Jnless otherwiseprovided "% law or when re8uired "% thepu"lic interest, pu"lic officials and

emplo%ees shall provide information of their policies and procedures in clear andunderstanda"le language, ensureopenness of information, pu"licconsultations and hearings wheneverappropriate, encourage suggestions,simplif% and s%stemati$e polic%, rulesand procedures, avoid red tape anddevelop an understanding andappreciation of the socio.economicconditions prevailing in the countr%,especiall% in the depressed rural andur"an areas!

(f) 4ationalism and patriotism! . Pu"licofficials and emplo%ees shall at all times

"e lo%al to the *epu"lic and to the#ilipino people, promote the use of locall% produced goods, resources andtechnolog% and encourage appreciationand pride of countr% and people! The%shall endeavor to maintain and defendPhilippine sovereignt% against foreignintrusion!

(g) Commitment to democrac%! . Pu"licofficials and emplo%ees shall committhemselves to the democratic wa% of lifeand values, maintain the principle of pu"lic accounta"ilit%, and manifest "%deeds the supremac% of civilianauthorit% over the militar%! The% shall at

all times uphold the Constitution and putlo%alt% to countr% a"ove lo%alt% topersons or part%!

(h) Simple living! . Pu"lic officials andemplo%ees and their families shall leadmodest lives appropriate to theirpositions and income! The% shall notindulge in e1travagant or ostentatiousdispla% of wealth in an% form!

Co**antes . Reno3eron (&''&)+tt% *enomeron was dismissed from office"ecause, in his capacit% as *egister of Aeeds, herefused to register deeds for E U F etter Domes

Su"division unless the latter should eitherprovide him with wee-l% round trip tic-ets fromTaclo"an to @anila complete with poc-et mone%or sell on his "ehalf a piece of propert% in OC!

• @isconduct as pu"lic official constitutesviolation of oath as law%er! The Code of




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Professional *esponsi"ilit% applies to law%ersin gov0t service in the discharge of theirofficial tas-s (Canon ) and for"ids a law%erfrom unlawful conduct (&!G&)! +lso note thata law%er shall not dela% an% man0s cause foran% corrupt motive or interest (&!G)

RULE ;.?#.PRI&ARY DUTY THAT USTICE IS DONE

R*e ;.?#! The primar% dut% of a

law%er in pu"lic prosecution is not to convict "utto see that 2ustice is done! The suppression of facts or the concealment of witnesses capa"le of esta"lishing the innocence of the accused ishighl% reprehensi"le and is cause for disciplinar%action!

4T6S

(+gpalo)

In Feneralη + pu"lic prosecutor is a 8uasi.2udicial officer

who represents, not an ordinar% part% to acontrovers%, "ut a sovereignt%! Thissovereignt% has its o"ligation to governimpartiall%! Therefore, the interest in acriminal prosecution is not that it shall win acase "ut that 2ustice shall "e done!

η The pu"lic prosecutor owes the State, thecourt, and the accused the dut% to la% "eforethe court the pertinent facts at his disposalwith methodical and meticulous attention!De should clarif% contradictions and fill upgaps in his evidence so that there would "eno dou"t in the court0s mind!

η Prosecutors should avoid giving the

impression that their office is "eing used forpolitical ends or for other purposes thatcontravene the o"2ective of serving 2usticeimpartiall% regardless of who the litigantsare! The image of impartialit% is achieved "%strict adherence to the esta"lishedprocedures!

η + prosecutor should prosecute with

earnestness and vigor "ut must -eep in mindthat the primar% o"2ective is not to win "utto serve 2ustice: Fuilt shall not escape norinnocence suffer!

The pu"lic prosecutor should not…

η use improper methods calculated to producea wrongful conviction (to use legitimatemeans to "ring a"out 2ust ones)7

η offer proof of accused0s guilt illegall%ac8uired7 suppress facts nor concealwitnesses capa"le of esta"lishing theinnocence of the accused7

η consent to an% undue dela% in theprosecution7 deprive a person of hisstatutor% or legal rights7 assert his personal-nowledge of a crime (he must withdraw asa prosecutor and ta-e the witness stand to"e cross.e1amined)7

η assist in the escape of a prisoner7

η institute a criminal action to force settlementof a case7

η agree to refrain form prosecuting a person in

consideration of a reward7

η receive mone% from dismissing a complaint7induce an accused to plead guilt%7

η willfull% fail to prosecute violations of law orlose records thereof7 have a secret lawpartner with whom he divides the fees7

η hesitate to recommend to the court theaccused0s ac8uittal if the evidence in hispossession shows that the accused isinnocent!

η Dowever, a prosecutor en2o%s thepresumption that he is learned in the law,

that he has high moralit%, and that he hadperformed his duties with impartialit%!

*ole of a private prosecutor:η The general rule is that an offended part%

has the right to intervene in the prosecutionof a crime e1cept in the following instances(Section & of *ule &&G of the *ules of Courtin connection with Section 5):&! hen from the nature of the crime and

the law defining and punishing it no civillia"ilit% arises his favor7

/! hen he has waived his right to civilindemnit% or has e1pressl% reserved hisright to institute a civil action or he has

alread% instituted such action!

η The role of the private prosecutor is to

represent the offended part% with respect tothe civil action for the recover% of civillia"ilit% arising from the offense!




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η Dis9her dut% does not include demandingpunishment! If the case is dismissed, theprivate prosecutor ma% not file a motion forreconsideration! Such a dut% "elongs solel%to the pu"lic prosecutor!

η The offended part% ma% not withdraw thecivil case alread% filed so that he9she canintervene in the criminal case!

η The offended part%0s standing in a criminal

case is onl% that of a witness once aseparate civil case is filed!

Su"2ect to Control of Pu"lic Prosecutorη Intervention "% a private law%er is su"2ect to

prosecutor0s control!

η The pu"lic prosecutor is re8uired to "epresent the proceedings and must at an%time ta-e over the conduct of the trial fromthe private prosecutor!

η The prosecutor0s presence is necessar% for

the validit% of evidence to "e presented asan evidence of the People of the Philippines!

η This applies onl% to court which are provided

"% law with their own prosecutors, and notto municipal courts which have no trialprosecutors!

η D6E6*, the Supreme Court has amendedSec! 5, *ule &&G of the *ules of Court(effective @a% &, /GG/): ;in case of heav%wor- schedule or in the even of lac- of pu"licprosecutors, a private prosecutor ma% "eauthori$ed in writing "% the Chief

Prosecution ffice or the *egional StateProsecutor to prosecute the case su"2ect tothe approval of the court! The authorit% ma%"e revo-ed or withdrawn!< + privateprosecutor, "eing under the direction andcontrol of the pu"lic prosecutor ma% not ta-ea stand different from that of the latter!

η hen a pu"lic prosecutor should ta-e over

handling of case! + pu"lic prosecutor shouldnot allow the trial in the hands of a privateprosecutor to degenerate into a privateprosecution (turns out to "e a gratification of private malice or the accomplishment of aprivate gain or advantage)

Sare@ P*aton (&'3G)

#: t! rais arrested and incarcerated +tt%!Suare$ for uttering seditious words! The

following da%, he moved for the dismissal of thecase against Suare$ on the motion of hissuperior! Suare$ charged rais with illegaldetention! Budge Platon, however, dismissed thecase on the "asis of the pu"lic prosecutor0srecomm

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