CHAPTER 3 - DUTIES AND RESPONSIBILITIES

LEGAL PROFESSION- imbued with public interest

LEGAL ETHICS (Black law dictionary)- pertains to usages & customs among members of the legal
profession involving their moral and professional duties toward one another, client and courts.

SOURCES OF LEGAL ETHICS: (LA-CA-CO-RU-SUP)

1. Lawyer’s Oath
2. Canons of Professional Ethics
3. Code of Professional Responsibility
4. Rules of Court
5. Supreme Court decisions on the discipline of lawyers

LAWYER’S OATH- incapsulates the duties and responsibilities of a lawyer

- By taking the oath, the lawyer become guardians of the law and indispensable instruments
for the orderly administration of justice
- Lawyers becomes guardian of truth and the rule of law and indispensable instrument in the
fair and impartial administration of justice.
- NOT mere facile words, drift and hollow but a SACRED TRUST that must be upheld and keep
inviolable.
- Sources of his obligations and its violation is ground for his suspension, disbarment or other
disciplinary action.

CANONS OF PROFESSIONAL ETHICS (Preamble)- is the development of a system for establishing and
dispensing justice to a high point and be maintained thereat so that the public shall have absolute
confidence in the integrity and impartiality of its administration.

NOT ALL LAWYERS- were members of the Philippine Bar Association.

PBA- adopted the Canons of Professional Ethics

JUNE 21, 1988- the Supreme Court promulgated and approved the Code of Professional Responsibility
CODE OF PROFESSIONAL RESPONSIBILITY- is the basis of legal ethics of all Philippine lawyers.
CANONS OF PROFESSIONAL ETHICS- continues to serve as a source of knowledge in understanding legal
ethics

*9 DUTIES OF LAWYER UNDER THE RULES OF COURT*

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 to be just, and such
defenses only as he believes to be honestly debatable under the law.
4. To employ for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor
 5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
clients
6. To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness
7. Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man’s cause
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 crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused

ADMINISTRATION JUSTICE
As a lawyer of becoming an OFFICER OF THE COURT- rest the grave responsibility of assisting the
courts in the proper, fair, speedy and efficient administration of justice.

LAWYER AS OFFICER OF THE COURT- Is part of the judicial machinery in the administration of justice.
To assist in the proper and sound administration of justice.

LAWYER’S ZEAL- must be tempered by the paramount consideration that justice be done to all
parties involved.

CODE OF PROFESSIONAL RESPONSIBILITY – primary source of the legal ethics

CPR is divided into 4 chapters:

1. The lawyer and Society

2. The lawyer and Legal Profession
3. The lawyer and the Courts
4. The lawyer and the Client

FOUR-FOLD DUTY- refers to the lawyer’s duty to society, the legal profession, the courts, and his
clients.

DUTY TO SOCIETY- A lawyer’s duty to the society primarily involves upholding the Constitution,
obeying the laws of the land and promoting respect for law and legal processes.

AS SERVANT OF THE LAW- a lawyer should make himself an example for others to emulate

PURPOSES OF THE IBP:

1. Assist in the administration of justice

2. Foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct
3. Safeguard the professional interests of its members
 4. Cultivate among its members the spirit of cordiality and brotherhood
5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and
procedure and the relation of the Bar to the Bench
6. Encourage and foster legal education
7. Promote a continuing program of legal research in substantive and adjective law and make
reports and recommendations thereof
8. Enable the Bar to discharge its public responsibility effectively

INTEGRATION OF THE BAR WILL AMONG OTHER THINGS MAKE IT POSSIBLE FOR THE LEGAL
PROFESSION TO:

1. Render more effective assistance in maintaining the Rule of law

2. Protect lawyers and litigants against the abuses of tyrannical judges and prosecuting officers
3. Discharge fully and properly its responsibility in the disciplining and or removal of incompetent
and unworthy judges and prosecuting officers
4. Shield the judiciary, which traditionally cannot defend itself except within its own forum
5. Have an effective voice in the selection of judges and prosecuting officers
6. Prevent the unauthorized practice of law
7. Establish welfare funds for families of disabled and deceased lawyers
8. Provide placement services and establish legal offices
9. Distribute educational and informational materials that are difficult to obtain in many of our
provinces
10. Enforce rigid ethical standards and promulgate minimum fees schedules
11. Conduct campaigns to educate the people of their legal rights

NON-PAYMENT OF THE IBP DUES

Non payment for 6 months warrants suspension
- Non payment for 1 year- shall be ground for removal of the name of the delinquent member
of the Roll of Attorneys

CHAPTER 4- SUSPENSION, DISBARMENT AND DISCIPLINE

*NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTIONS AGAINST LAWYERS:

1. SUI GENERIS- disbarment proceedings

2. PRESCIPTION- as long as no private complainant would immediately come forward, they stand a
chance of being completely exonerated from whatever administrative liability they ought to
answer – this circumstances held by the Supreme Court Not Prescribed
3. GROUNDS
4. PROCEEDINGS