PROBLEM AREAS IN LEGAL ETHICS MIDTERM TOPICS

1.)Non-lawyers who are authorized to appear in court.

a.) Cases before the MTC: Party to the litigation, in person OR through an agent or
friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC)
b.) Before any other court: Party to the litigation, in person
c.) Criminal case before the MTC in a locality where a duly licensed member of
the Bar is not available: The judge may appoint a non-lawyer who is: resident of
the province of good repute for probity and ability to aid the accused in his defense
(Rule 116, Sec. 7, RRC).
d.) Legal Aid Program A senior law student, who is enrolled in a recognized law
schools clinical education program approved by the Supreme Court may appear
before any court without compensation, to represent indigent clients, accepted by
the Legal Clinic of the law school. The student shall be under the direct supervision
and control of an IBP member duly accredited by the law school.
e.) Under the Labor code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if they represent themselves, or if they represent their organization or
members thereof (Art 222, PO 442, as amended).
f.) Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court (Act no. 2259, Sec. 9).
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2.)Public Officials who cannot engage in the private practice of Law in the
Philippines:
a.) Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35,
RRC).
b.) Officials and employees of the OSG
c.) Government prosecutors (People v. Villanueva, 14 SCRA 109).
d.) President, Vice-President, members of the cabinet, their deputies and assistants (Art.
VIII Sec. 15, 1987 Constitution).
e.) Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
f.) Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
g.) All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
h.) Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
a.) No Senator as member of the House of Representative may personally appear as
counsel before any court of justice as before the Electoral Tribunals, as quasijudicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution).
b.) Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may
practice their professions provided that if they are members of the Bar, they shall
not:
b.1) appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the government is
the adverse party;
b.2) appear as counsel in any criminal case wherein an officer or employee
of the national or local government is accused of an offense committed in relation
to his office;

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b.3) collect any fee for their appearance in administrative proceedings

involving the local government unit of which he is an official;
b.4) use property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the government.
c.) Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension
from the government, cannot act as counsel in any civil case in which the
Government, or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the Government is accused of an
offense in relation to his office.
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3.)Lawyers Oath:
I, __________________, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines; I will support its constitution and obey the laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not willingly nor wittingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best of
my knowledge and discretion, with all good fidelity as well to the court as to my clients;
and I impose upon myself this voluntary obligations without any mental reservation or
purpose of evasion. So help me God. (Form 28, RRC)
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4.)May a lawyer who lost his citizenship practice law in the Philippines? Discuss
the requirements. Discuss In Re: Dacanay.
NOTE: Nationality Theory Practice of Law is Reserved for Filipinos
Facts: In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order
for him to take advantage of Canadas free medical aid program he became a Canadian
citizen in 2004. In 2006 however, he re-acquired his Philippine citizenship pursuant to
Republic Act 9225 of the Citizenship Retention and Re-Acquisition Act of 2003. In the
same year, he returned to the Philippines and he now intends to resume his practice of
law.
ISSUE: Whether or not Atty. Dacanay may still resume his practice of law.
HELD: Yes. As a rule, the practice of law and other professions in the Philippines are
reserved and limited only to Filipino citizens. Philippine citizenship is a requirement for
admission to the bar. So when Dacanay became a Canadian citizen in 2004, he ceased
to have the privilege to practice law in the Philippines. However, under RA 9225, a
Filipino lawyer who becomes a citizen of another country is deemed never to have lost
his Philippine citizenship if he reacquires his Filipino citizenship in accordance with RA
9225. Hence, when Dacanay reacquires his Filipino citizenship in 2006, his membership
to the Philippine bar was deemed to have never been terminated.
But does this also mean that he can automatically resume his practice of law
right after reacquisition?
No. Dacanay must still comply with several conditions before he can resume his practice
of law, to wit:
(a) the updating and payment in full of the annual membership dues in the IBP;
(b) the payment of professional tax;

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(c) the completion of at least 36 credit hours of mandatory continuing legal

education; this is especially significant to refresh the applicant/petitioners
knowledge of Philippine laws and update him of legal developments and
(d) the retaking of the lawyers oath which will not only remind him of his duties
and responsibilities as a lawyer and as an officer of the Court, but also renew his
pledge to maintain allegiance to the Republic of the Philippines.
Compliance with these conditions will restore his good standing as a member of the
Philippine bar.
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5.) CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF
THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects
on his fitness to practice law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.

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6.)Rule 2.03 A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
Primary characteristics which distinguish the legal profession from business;
a.) Duty of service, of which the emolument is a by-product, and in which one may
attain the highest eminence without making such money;
b.) A relation as an officer of court to the administration of justice involving thorough
sincerity, integrity and reliability;
c.) A relation to clients in the highest degree of fiduciary;
d.) A relation to colleagues at the bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and encroachment
on their practice or dealing with their clients.
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.
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Exceptions/ Permissible advertisements:

a.) Reputable law lists, in a manner consistent with the standards of conduct imposed
by the canons, of brief biographical and informative data, are allowed.
b.) Ordinary simple professional Card. It may contain only a statement of his name,
the name of the law firm which he is connected with, address, telephone number
and the special branch of law practiced.
c.) A simple announcement of the opening of a law firm or of changes in the
partnership, associates, firm name or office address, being for the convenience of
the profession, is not objectionable.
d.) Advertisements or simple announcement of the existence of a lawyer or his law
firm posted anywhere it is proper such as his place of business or residence
except courtrooms and government buildings.
e.) Advertisements or announcement in any legal publication, including books,
journals, and legal magazines.
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7.)CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of
the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that,
upon the latter's death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a
deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement
plan even if the plan is based in whole or in part, on a profit sharing
agreement.
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8.)Discuss criticisms on the ruling of Supreme Court basing on the case of
Zaldivar vs Gonzales.
ENRIQUE A. ZALDIVAR vs. RAUL M. GONZALEZ
FACTS:
The following are the subjects of this Resolution filed by the Petitioner: a
Motion, dated 9 February 1988, to Cite in Contempt filed by petitioner Enrique A.
Zaldivar against public respondent Special Prosecutor (formerly Tanod bayan)
Raul M. Gonzalez, in connection with G.R. Nos. 79690-707 and G.R. No. 80578.
and a Resolution of this Court dated 2 May 1988 requiring respondent Hon. Raul
Gonzalez to show cause why he should not be punished for contempt and/or
subjected to administrative sanctions for making certain public statements.
The Motion cited as bases the acts of respondent Gonzalez in: (1) having
caused the filing of the information against petitioner in Criminal Case No. 12570
before the Sandiganbayan; and (2) issuing certain allegedly contemptuous
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statements to the media in relation to the proceedings in G.R. No. 80578. In

respect of the latter, petitioner annexed to his Motion a photocopy of a news
article which appeared in the 30 November 1987 issue of the "Philippine Daily
Globe.
ISSUE:
Whether or not lawyers are entitled to the same degree of latitude of
freedom of speech towards the Court?
RULING:
No. The Court begins by referring to the authority to discipline officers of
the court and members of the Bar. The authority to discipline lawyers stems from
the Court's constitutional mandate to regulate admission to the practice of law,
which includes as well authority to regulate the practice itself of law. Moreover,
the Supreme Court has inherent power to punish for contempt, to control in the
furtherance of justice the conduct of ministerial officers of the Court including
lawyers and all other persons connected in any manner with a case before the
Court. Only slightly (if at all) less important is the public interest in the capacity of
the Court effectively to prevent and control professional misconduct on the part of
lawyers who are, first and foremost, indispensable participants in the task of
rendering justice to every man. Some courts have held, persuasively it appears to
us, and that a lawyer's right of free expression may have to be more limited than
that of a layman.
While the Court may allow criticism it has In Re: Almacen held: Intemperate
and unfair criticism is a gross violation of the duty of respect to courts. It is such a
misconduct that subjects a lawyer to disciplinary action. The lawyer's duty to
render respectful subordination to the courts is essential to the orderly
administration of justice. Hence, in the assertion of their clients' rights, lawyers
even those gifted with superior intellect are enjoined to rein up their tempers.
Note: Rule 11.05 - A lawyer shall not criticize the personal or official conduct of a
judge in an insulting and intemperate language.
***The law allows Constructive Criticism. A criticism is constructive when the
purpose of such is to correct/ rectify the mistake, error or irregularity that true justice may be
achieved. When the criticism is destructive, that it was arrogantly presented with abusive and
offending language coupled with malicious intent to mock, ridicule and offend the sensibilities
of the court or the sitting judge, then such criticism becomes destructive hence contemptuous.
*** In In Re: Almacen, the Supreme Court enunciated that but it is the
cardinal condition of all such criticism that it shall be bona fide, and shall not spill
over the walls of decency and propriety.

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9.) Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Forum ShoppingThere is forum shopping
1.) When a party repetitively avails of several judicial remedies in different courts,
simultaneously or successively or there are two or more actions;
2.) All substantially founded on the same transactions and the same essential
facts and circumstances of the same parties;
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3.) All raising substantially the same cause of actions or issues either pending in
or already resolved adversely by some other court.
4.) With the intention of gaining a favorable judgment.
Forum shopping is an act of malpractice that is prohibited and condemned
because it trifles with the courts and abuses their processes. It degrades the
administration of justice and adds to the already congested court dockets.
An important factor in determining its existence is the vexation caused to the
courts and the parties-litigants by the filing of similar cases to claim substantially the
same reliefs.
Two ways of committing Forum shopping:
a.) Litis Pendentia
Litis pendentia as a ground for the dismissal of a civil action refers to that
situation wherein another action is pending between the same parties for the same
cause of action, such that the second action becomes unnecessary and vexatious.
Requisites for Litis Pendentia:
(a) Identity of parties or at least such as representing the same interests in both
actions
(b) Identity of rights asserted and reliefs prayed for, the relief being founded on
the same facts
(c) The identity in the two cases should be such that the judgment that may be
rendered in one would, regardless of which party is successful, amounts to res
judicata in the other.
b.)Res Judicata
Elements of Res Judicata
b.1) The former judgment must be final
b.2) Judgment must be on the merits of the case
b.3) The former decision is rendered by the court having jurisdiction over the
subject.
b.4) There is similar identity of parties, subject matter and cause of action for
both cases.
Rule 13.02 - A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or against a
party.
Sub Judice RuleThe sub judice rule restricts comments and disclosures pertaining to judicial
proceedings to avoid prejudging the issue, influencing the court, or obstructing the
administration of justice, the CA reminded the parties.
Anyone violating the sub judice rule can be cited for indirect contempt of court
under Section 3(d), Rule 71 of the Rules of Court.

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10.) Rule 15.02 A lawyer shall be bound by the rule on privilege communication in
respect of matters disclosed to him by a prospective client.
Rule on Revealing Clients Identity
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General Rule: A lawyer may not invoke privilege communication to refuse

revealing a clients identity. (Regala vs. Sandiganbayan, 262 SCRA 122, September 20,
1996)
Exceptions:
a.) When by divulging such identity, it would implicate the client to that same controversy
for which the lawyers services were required.
b.) It would open client to civil liability
c.) The disclosure of such identity will provide for the only link in order to convict the
accused, otherwise, the government has no case.
Requisites of Privileged Communication:
a.) Atty.-client relationship (or a kind of consultancy relationship with a prospective client
b.) Communication made by client to lawyer in the course of lawyers professional
employment
c.) Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of Court)
When communication is not privileged:
a.) After pleading has been filed
b.) communication intended by the client to be sent to a third person through his counsel (it
loses its confidential character as soon as it reaches the hands of third person)
c.) Even if the communication is unprivileged, the rule of ethics prohibits him from
voluntarily revealing or using to his benefit or to that of a third person, to the
disadvantage of the client, the said communication unless the client consents thereto.
d.) This is applicable to students under the Student Practice Law Program
Rule 15.03 A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
Rule on Conflicting Interest
It is generally the rule based on sound public policy that an attorney cannot represent
adverse interest. It is highly improper to represent both sides of an issue. The proscription
against representation of conflicting interest finds application where the conflicting interest
arises with respect to the same general matter and is applicable however slight such adverse
interest may be. It applies although the attorneys intention and motives were honest and he
acted in good faith. However, representation of conflicting interest may be allowed where the
parties consent to the representation after full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA
758).

General Rule: An attorney cannot represent adverse interest.

Exception: Where the parties consent to the representation after full disclosure of facts.
The TEST in determining Conflicting Interest: The test is whether or not the acceptance
of a new relation will prevent an attorney from the full discharge of his duty of individual
fidelity and loyalty to his client or invite suspicion of unfaithfulness in double-dealing in the
performance thereof.(Tiana vs. Ocampo)

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