Professional Documents
Culture Documents
Canon 1
Canon 1
Canon 1
Duties of Attorneys:
1.
to maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines;
2.
to observe and maintain the respect due to the courts of justice and judicial officers;
3.
to counsel or maintain such actions or proceedings only as appear to him as just, and such
defenses only as he believes to be honestly debatable under the laws;
4.
to employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
5.
to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of
his client, and to accept no compensation in connection with his clients business except from
him or with his knowledge and approval;
6.
to abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
7.
not to encourage either the commencement or the continuance of an action or proceeding, or
delay any mans cause for any corrupt motive or interest;
8.
never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
9.
in the defense of a person accused of a crime, by all fair and honorable means, regardless of
his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Conviction for crimes involving moral turpitude a number of lawyers have been suspended or
disbarred for conviction of crimes involving moral turpitude such as:
1.
estafa
2.
bribery
3.
murder
4.
seduction
5.
abduction
6.
smuggling
7.
falsification of public documents
Morality as understood in law This is a human standard based on natural moral law which is
embodied in mans conscience and which guides him to do good and avoid evil.
Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals.
Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a
moral indifference to the opinion of the good and respectable members of the
community (Arciga vs. Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT
or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of
the community. (Narag vs. Narag, 1998)
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any mans cause.
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will
admit of a fair settlement.
If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise the latter
to acquiesce and submit, rather than traverse the incontrovertible.
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases
where the blood, relationship or trust makes it his duty to do so.
Should not be an instigator of controversy but a mediator for concord and conciliator for
compromise.
The law violated need not be a penal law. Moral Turpitude everything which is done
contrary to justice, honesty, modesty or good morals.
Give advice tending to impress upon the client and his undertaking exact compliance with the
strictest principles of moral law.
Until a statute shall have been construed and interpreted by competent adjudication, he is
free and is entitled to advise as to its validity and as to what he conscientiously believes to be
its just meaning and extent.
A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and
ambulance chasing.
Barratry offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise; Lawyers act of fomenting suits among individuals and offering his legal services to
one of them.
Ambulance Chasing Act of chasing victims of accidents for the purpose of talking to the said
victims (or relatives) and offering his legal services for the filing of a case against the person(s)
who caused the accident(s).
2.
Defenceless not in the position to defend themselves due to poverty, weakness, ignorance or
authority.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement
possible is the establishment of a well-merited reputation for professional capacity and fidelity
to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper comments,
or procuring his photograph to be published in connection with causes in which the lawyer has
been engaged or concerning the manner of their conduct, the magnitude of the interest involved,
the importance of the lawyers position, and all other self-laudation.
1.
2.
3.
4.
5.
Rule 2.04 A lawyer shall not charge rates lower than those customarily or prescribed, unless
circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between parties,
just because his attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented. But in case where lawyer is confronted
with an emergency and prompt/urgent action is necessary to protect clients interest and
theres no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Violation of Rule 3.01 is unethical, whether done by him personally or through another with his
permission.
Rule 3.02 In the choice of a firm name, no false, misleading, or assumed name shall be
used. The continued use of the name of a deceased partner is permissible provided that the
firm indicates in all its communication that said partner is deceased.
Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass
media
CANON 4 A lawyer shall participate in the improvement of the legal system by initiating or
supporting efforts in law reform and in the administration of justice.
Examples: Presenting position papers or resolutions for the introduction of pertinent bills in
congress; Petitions with the Supreme Court for the amendment of the Rules of Court.
CANON 5 A lawyer shall keep abreast of legal developments, participate in continuing legal
education programs, support efforts to achieve high standards in law schools as well as in the
practical training of students and assist in disseminating information regarding the law and
jurisprudence.
Objectives of integration of the Bar
Second, he owes it to his profession to take an active interest in the maintenance of high
standards of legal education;
Third, he owes it to the lay public to make the law a part of their social consciousness.
CANON 6 These canons shall apply to lawyers in government service in the discharge of their
official tasks.
Public Officials include elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following norms of conduct by every public official in
the discharge and execution of their official duties:
1.
commitment to public interest
2.
professionalism
3.
justness and sincerity
4.
political neutrality
5.
responsiveness to the public
6.
nationalism and patriotism
7.
commitment to democracy
8.
simple living (Sec. 4, RA 6713)
Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible and is cause of disciplinary
action.
Rule 6.02 A lawyer in the government service shall not use his public position to promote or
advance his private interest, nor allow the latter to interfere with his public duties.
Rule 6.03 A lawyer shall not, after leaving government service, accept engagements or
employment in connection with any matter in which he had intervened while in said service.
1.
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.
These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but
the professional concerned cannot practice his profession in connection with any matter before
the office he used to be with, in which case the one year prohibition shall likewise apply.
Lawyers in the government service are prohibited to engage in the private practice of their
profession unless authorized by the constitution or law, provided that such practice will not
conflict or tend to conflict with their official functions.
Misconduct in office as a public official may be a ground for disciplinary action (if of such
employer, PNB)
The OSG is not authorized to represent a public official at any state of a criminal case.