Basic Legal and Judicial Ethics

CANON 1

A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND, PROMOTE RESPECT
FOR LAW AND LEGAL PROCESSES.

Lawyer’s Primary Duty to Society or State; Attorney’s Oath

- It is the lawyer’s primary duty to society or state to uphold the constitution, obey the laws of the
land and promote respect for law and legal processes.
- This duty is enshrined in the Attorney’s Oath which every lawyer in this country has to take
before he is allow to practice law

Lawyer’s Oath is a Sacred Trust, Not A Mere Ceremony

- The Lawyer’s Oath, to which all lawyers have subscribed in solemn agreement to dedicate
themselves to the pursuit of justice, is not a mere ceremony or formality for practicing law to be
forgotten afterwards, nor is it mere words, drift and hollow, but a sacred trust that lawyers must
uphold and keep inviolable at all times.

Delay No Man for Money or Malice

- The Lawyer’s Oath imposes upon every Lawyer the duty to delay no man for money or malice.

Lawyers Will Be Disciplined for Disobeying Legal Orders or Processes of Courts

- Lawyers must not only uphold and obey the constitution and the laws but also legal orders or
processes of courts.

A LAWYER WHO ISSUED BOUNCING CHECKS VIOLATES THE LAW AND IS SUBJECT TO DISBARMENT OR
SUSPENSION

- (People vs Tuanda 181 SCRA 692) We should add that the crimes of which respondent was
convicted also import deceit and violation of her attorney’s oath and the Code of Professional
Responsibility under both of which she was bound to ‘obey the laws of the land.’ Conviction of a
crime involving moral turpitude might not relate to the exercise of the profession of a lawyer;
however, it certainly relates to and affects the good moral character of a person convicted of
such offense.
- The nature of the office of an attorney at law requires that she shall be a person of good moral
character. This qualification is not only a condition precedent to an admission to the practice of
law; its continued possession is al so essential for remaining in the practice of law. (Suspension
affirmed).
Significance of the Lawyer’s Oath

- By swearing the Lawyer’s oath, an attorney becomes a guardian of truth and the rule of law, and
an indispensable instrument in the fair and impartial administration of justice, a vital function of
democracy, a failure of which is disastrous to society.

Effect of Failure to take the Attorney’s Oath

- A successful bar candidate who was allowed to sign by the Clerk of the Supreme Court to sign
the Roll of Attorneys but was unable to take his oath before the Supreme Court, although he
paid his IBP dues and listed as “qualified voter” in IBP affairs, cannot be admitted to the Bar
without having actually taken his oath of office as an attorney.

Oath Alone Will Not Make A Bar Passer A Full-Fledged Member of the Bar

- A bar passer must no only take his oath as a member of the Bar, but he must also sign the Roll of
Attorneys. This last act makes him a full-fledged lawyer.

RULE 1.01 – A LAWYER SHALL NOT ENGAGE IN UNLAWFUL, DISHONET, IMMORAL OR DECEITFUL
CONDUCT.

Lawyers Must Constantly Be of Good Moral Character

- A lawyer should not engage or participate in any unlawful, dishonest, immoral or deceitful
conduct. The moral character he displayed when he applied for admission to the Bar must be
maintained incessantly. Otherwise, his privilege to practice the legal profession may be
withdrawn from him.
- The commission of unlawful acts, specially crimes involving moral turpitude, acts of dishonesty
in violation of the attorney’s oath, grossly immoral conduct and deceit are grounds for
suspension or disbarment of lawyers (Rule 138, Section 27, Revised Rules of Court).

Purpose of Requirement for Good Moral Character

- (Dantes vs. Dantes 438 SCRA 582) The purposes for the requirement of good moral character
are:
1. To protect the public
2. To protect the public image of lawyers
3. To protect prospective clients.
4. To protect errant lawyers from themselves (The Supreme Court added)

Unlawful Acts or Violation of Laws.

- A Lawyer is bound to uphold the constitution and obey the laws of the land. He can be
disciplined for violating the laws of the country. Being a lawyer, he is supposed to be a model in
the community in so far as respect to the law is concerned.

Unlawful Conduct – Unlawful conduct includes violation of the statutory prohibition on a government
employee to “engage in the private practice of (his) profession unless authorized by the constitution or
law, provided, that such practice will not conflict or tend to conflict with (his) official functions”
Conviction for Crimes Involving Moral Turpitude

- A number of lawyers have been suspended or disbarred for conviction of crimes involving moral
turpitude such as estafa, bribery, murder, bigamy, seduction, abduction, concubinage,
smuggling, falsification of public document, violation of Batas Pambansa Blg. 22.
- The lawyers involved in the aforementioned cases had shown their unfitness to protect the
administration of justice, or are no longer of good moral character, which therefor justifies their
suspension or disbarment. (Rule 138, Section 27, Revised Rules of Court)

Honesty, Still the Lawyers Best Virtue

- Lawyers must deal with their clients, brother lawyers, courts of justice and the public with
honesty.
- Honesty is essential for every lawyer to retain his standing as a member of the bar. Lawyers
must always conduct themselves in their professional and non-professional life with good moral
character and without deception.
- Dishonesty is condemned and is a ground for disciplinary action.

Morality, Concept

- Morality is that quality (or property) of a human act whereby it measures up to what it should
be as a step towards the objective last end of human action, or fails so to measure up. It consists
therefore in the relation existing between human acts and the norm of morality.

The Norm of Morality

- “There is an eternal plan for the ordering or government of all acts and movements in the
universe, and that this plan directs things towards their last end. But, as we also learned, man is
free and rational; he is not coerced (in the field of free choice) by the plan, but is meant to
recognize it by his reason and freely follow it in all his free or human acts.

Morality as Understood in Law

- This is a human standard based on the natural moral law which is embedded in man’s
consciences and which guides him to do good and avoid evil. Immorality then is the doing of an
act which is contrary to conscience.
- Moral turpitude includes everything which is done contrary to justice, honesty, modesty or good
morals.
- Immoral conduct has been defined as “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.”
- Immorality is not confined to sexual conduct.
- A lawyer should have moral integrity in addition to professional probity.
Moral Character Distinguished from Good Reputation

- (Royong vs. Oblena 7 SCRA 871) Moral character is what a person really is, and not what he or
other people think he is. As former Chief Justice Moran observed: an applicant for license to
practice law is required to show good moral character, or what he really is, as distinguished
from good reputation, or from the opinion generally entertained of him, the estimate in which
he is held by the public in the place where he is known.

Psychological Incapacity of a Lawyer Does Not Necessarily Make Him an Unfit Member of The Bar

- (Paras vs Paras 529 SCRA 893) One’s unfitness as a lawyer does not automatically mean one’s
unfitness as a husband or vice versa. The yardsticks for such roles are simply different. This is
why the disposition in a disbarment case cannot be conclusive on an action for declaration of
nullity of marriage.
- On the other hand, in an action for declaration of nullity of marriage based on the ground of
psychological incapacity, the question for determination is whether the guilty party suffers a
grave, incurable, and pre-existing mental incapacity that renders him truly incognitive of the
basic marital covenants.
- In this case Justo’s acts are not sufficient to conclude that he is psychologically incapacitated,
albeit such acts really fall short of what is expected from a lawyer

Instances of Gross Morality

- For immorality to be a ground for disciplinary action, it must not only be merely immoral but
also grossly immoral. Meaning, it must be one is unquestionably so corrupt or unprincipled.

Immorality Is not Confined to Sexual Matters

- (Advincula vs. Macabata) Immorality has not been confined to sexual matter, but includes
conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity and
dissoluteness; or is willful, flagrant, or shameless conduct showing moral indifference to
opinions of respectable members of the community, and an inconsiderate attitude toward good
order and public welfare.
- Guided by the definitions above, we perceived acts of kissing or beso-beso on the cheeks as
mere gestures of friendship and camaraderie, forms of greeting, casual and customary. The acts
of respondent, though, in turning the head of complainant towards him kissing her on the lips
are distasteful. However such act, even if considered offensive and undesirable, cannot be
considered grossly immoral.