Professional Documents
Culture Documents
Legal Ethics
Legal Ethics
Legal Ethics
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
ralc2011 7
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
In Regional Trial Court and Appellate due appreciation of their responsibilities
Courts, a party to a civil suit may either to the courts, to the clients, to the bar,
conduct his litigation personally or by and to the public
attorney unless the party is a juridical Supreme Court applied some of the
person. Canons in case of professional
In Administrative Proceedings, right to misconduct.
counsel is not indispensable to due The Integrated Bar of the Philippines
process. If a respondent had chosen to adopted in 1980 a proposed Code of
represent himself without counsel Professional Responsibility submitted to
cannot later claim denial of due the Supreme Court for approval.
process. In 1988, the Supreme Court
Nothing in the Constitution that says promulgated the Code of Professional
that a party in a non-criminal Responsibility.
proceeding is entitled to be represented The Code consists of 22 Canons and 77
by counsel. Rules, divided into 4 Chapters:
The rule applies only in Civil and 1. The Law and Society.
Administrative cases. It does not apply 2. The Lawyer and the Legal
in cases involving grave and less grave Profession.
offenses where the accused must be 3. The Lawyer and the Courts.
represented by counsel and such right 4. The Lawyer and the Clients.
is not waivable. The Code establishes the norms of
conduct and ethical standards for all
Canons of professional responsibility lawyers.
A lawyer is answerable not only to his Failure to live up to any of its provisions
client but also to the court of which he is ground for disciplinary action.
is an officer. Faithful observance requires a thorough
He should do nothing which may tend understanding of the Code.
to lessen the public confidence in the
fidelity, honesty, and integrity of the
legal profession.
Professional standards serve as the
lawyer’s chart and compass to resolve
difficult questions of duty and help
minimize ethical delinquencies.
In 1917, the Philippine Bar Association,
realizing that something more than the
Oath and Duties of a Lawyer was
needed to attain the full measure of
public respect, adopted as its own
Canons 1 to 32 of the Canons of
Profession Ethics of the American Bar
Association.
In 1946, it again adopted as its own,
Canons 33 to 47.
Their enforcement by the courts and
observance by lawyers is indicative of a
ralc2011 8
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
ralc2011 10
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
responsibility to decide who may be A treaty, cannot be so interpreted as to
admitted. entitle a holder of a law degree
obtained in another country to practice
The Legislature, in the exercise of its law in this country without complying
POLICE POWER may, however, enact with the requirements of existing law.
laws regulating the practice of law Accordingly, a Filipino citizen who
to protect the public and promote the obtained a law degree in another
public welfare. country is not entitled to be admitted to
1. A law declaring illegal and the Philippine Bar without complying
punishable the unauthorized with the requirements.
practice of law.
2. Require further examination for Prescribing standards for law schools
any attorney desiring to practice CHED acts as an agency or in aid of the
before any quasi-judicial or Supreme Court in the exercise of its
administrative agency. primary authority to determine who
Whatever law may be passes is merely may be admitted to practice since such
in aid of the judicial power to regulate. authority is by Constitutional mandate
But the legislature MAY NOT pass a law and rests and remains exclusively with
that will control the Supreme Court in the high tribunal.
the performance of its function to CHED merely:
decide who may enjoy the privilege of 1. Exercises regulatory power over
practicing law and any law of that kind law schools or certifies as to the
is unconstitutional as an invalid satisfactory completion of the
exercise of legislative power. prescribed courses of law study
RA 972 (the Bar Flunkers Act) aims to by an applicant for admission to
admit to the Bar, those candidates who the bar examination.
suffered from insufficiency of reading 2. Assumes some responsibility for
materials and inadequate preparation. the quality of instruction and
By its declared objective, the law is training required of an applicant
contrary to public interest because it for membership in the bar.
qualifies 1,094 law graduates who
confessedly had inadequate preparation Supreme Court incidental powers
for the practice of the profession, as (Incidental to its primary authority to
was exactly found by this Tribunal in decide who may be admitted to the
the aforesaid examinations. An bar):
adequate legal preparation is one of the 1. Fixing minimum standards of
vital requisites for the practice of law instruction for all law schools to
that should be developed constantly observe.
and maintained firmly. 2. Setting up of the necessary
administrative machinery to
Executive power in relation to practice determine compliance therewith.
The Chief Executive cannot, by 3. By way of sanction, refusal to
executive order, admit a person to the admit to the bar exams law
practice of law nor can he, by treaty graduates from schools failing to
with another country, modify the rules meet those standards. May be
on the admission to the bar.
ralc2011 11
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
implemented through of legal principles not possessed
accreditation. by ordinary layman.
3. Appearance for clients before
B. WHAT CONSTITUTES PRACTICE OF public tribunals.
LAW
When a person participates in a trial
Practice of Law, generally and ―advertises‖ himself as a lawyer, he
General principles and doctrines laid is in the practice of law.
down by the courts explaining the Giving advice for compensation
meaning and scope of the term: regarding the legal status and rights of
1. To engage in the practice of law another constitutes practice of law.
is to do any of those acts which One who renders an opinion as to the
are characteristic of the legal proper interpretation of a statute and
profession. receives pay for it, is to that extent,
2. Any activity in or out of court practicing law.
which requires the application of
law, legal principle, practice or Engaging in the practice of law
procedure and calls for legal presupposes the existence of a lawyer-
knowledge, training and client relationship.
experience. (Cayetano vs Where a lawyer undertakes an activity
Monsod) without any such relationship, such as
3. It is not limited to the conduct of teaching law or writing law books or
cases in court. legal articles cannot be said to be
4. Includes legal advice, counseling, engaged in the practice of his
and the preparation of legal profession as a lawyer.
instruments and contracts by
which legal rights are secured, Characteristics of term “Practice of
which may or may not be pending Law”
in court. The phrase ―practice of law‖ implies
5. Strictly speaking, the word customarily or habitually holding
practice of law implies the oneself out to the public, as a lawyer,
customary or habitual holding out for compensation as a source of
of oneself to the public as a livelihood or in consideration of his
lawyer and demanding service.
compensation for his services. Holding oneself out may be shown by
[People vs. Villanueva 14 acts indicative of that purpose.
SCRA 111] Thus, a layman is illegally engaged in
the practice when he sends a circular
Three Principal Types of announcing the establishment of a law
Professional Activities: office for the general practice of law, or
1. Legal advice and instructions to when the takes the oath of office as a
the clients to inform them of their lawyer before a notary public and files a
rights and obligations. manifestation with the Supreme Court
2. Preparation for clients of informing his intention to practice law.
documents requiring knowledge
ralc2011 12
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Private practice consists of frequent and 3. Preparation and filing of a
customary actions, more than an pleading, motion, memorandum,
isolated appearance. or brief.
It contemplates succession of acts of 4. Examination of witnesses and
the same nature habitually and presentation of evidence.
customarily holding oneself out to the 5. Management and control of the
public as a lawyer. proceedings in court.
Isolated Appearance:
A. A judge who is prohibited from Representation before other agencies
engaging in private practice of Appearances before any quasi-judicial,
law has not violated this administrative, or legislative agency
prohibition when he appeared as constituting practice of law:
counsel for his cousin pro bono in 1. Interpretation and application of
a criminal case. laws.
B. Appearance as counsel in one 2. Presentation of evidence to
occasion is not conclusive as establish certain facts.
determinative of engagement in 3. Representing an applicant for
the practice of law. registration of trademark, trade
C. Appearance of a city attorney as name, or service mark in the
private prosecutor not within the Philippine Patent Office.
prohibition. (People vs. 4. Advocating or resisting claims
Villanueva) before the NLRC, BoC, or BIR.
5. Representing before a legislative
An isolated appearance may, body regarding a proposed
however, amount to practice: legislation or ordinance.
1. Legislator cannot appear as
counsel before any court of Character of the service and not the
justice or Electoral Tribunals, or place where it is performed is the
quasi-judicial and administrative decisive factor determinative of whether
bodies even in a single instance. the service constitutes practice of law.
2. A layman’s representation as Service to prepare and prosecute a just
defense counsel in a criminal case claim before a quasi-judicial or
is invalid and the conviction of administrative body same and
the accused may be set aside, as legitimate as the service rendered in
violative of due process. court in arguing a cause.
Representation before the court Activity outside of court
Practice of law, as customarily Practice of law also consists of work
understood, means: performed outside of court:
1. Rendering of services to a o Giving legal advice on large
person, natural or juridical, in variety of subjects.
court on any matter through o Conveyancing and preparation
various stages and in accordance and execution of legal
with rules of procedure. instruments covering an
2. Appearance before the court. extensive field of business and
trust and other affairs.
ralc2011 13
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
No valid distinction can be drawn Any person who has been duly licensed
between part of the work involving as a member of the bar in accordance
appearance in court and that part with the statutory requirements and
involving advice and drafting of who is in good and regular standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory requirements:
services in litigations in court. A 1. Must have been admitted to the
person’s past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must remain in
lawyer-entrepreneur of industry, good and regular standing (a
lawyer-negotiator of contracts, and continuing requirement).
lawyer-legislator more than satisfy the
constitutional requirement for Must have been admitted to the bar. A
appointment as Chairman of the lawyer is one who:
COMELEC that he has been engaged in 1. Passed the bar exams.
the active practice of law for at least 2. Taken the lawyer’s oath before
ten years. (Cayetano v Monsod) the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license
to practice law from the Clerk of
Court of the Supreme Court.
ESSENTIAL CRITERIA 5. Furnished satisfactory proof or
DETERMINATIVE educational, moral, and other
OF ENGAGING IN THE PRACTICE OF qualifications.
LAW: (HACA)
1. Habituality- implies customarily or After Admission he or she must:
habitually holding oneself out to the 1. Remain an IBP member in good
public as a lawyer standing by regularly paying IBP
2. Compensation- implies that one dues and other lawful assessments.
must have presented himself to be 2. Pay annual privilege tax.
in the active practice and that his 3. Faithfully observe the rules and
professional services are available to ethics of the legal profession.
the public for compensation, as a 4. Be continually subjected to judicial
source of his livelihood or in disciplinary control.
consideration of his said services.
3. Application of law, legal Compulsory membership to the IBP is
principle, practice, or procedure not violative of a lawyer’s freedom of
which calls for legal knowledge, association. Integration does not make
training and experience. a lawyer a member of any group of
4. Attorney-client relationship. which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. Bar
C. WHO MAY PRACTICE LAW integration does not compel the lawyer
to associate with anyone. He is free to
Persons entitled to practice attend or not attend the meetings of his
law, generally Integrated Bar Chapter or vote or
ralc2011 14
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
refuse to vote in its elections as he The attorney’s continued enjoyment of
chooses. The only compulsion to which the privilege conferred depends upon
he is subjected is the payment of his complying with the ethics and rules
annual dues. The Supreme Court, in of the profession.
order to further the State’s legitimate
interest in elevating the quality of
professional legal services, may require But practice of law is in the nature of a
that the cost of improving the right. While the practice of law is a
profession in this fashion be shared by privilege, a lawyer cannot be prevented
the subjects and beneficiaries of the from practicing law except for valid
regulatory program — the lawyers [In reasons, the practice of law not being a
re: Edillon A.M. 1928] matter of state’s grace or favor.
He holds office during good behavior
The rigid requirements and conditions and can only be deprived of it for
are designed to admit to its ranks only misconduct.
those who are adequately prepared, The state cannot exclude an attorney
mentally and morally, to discharge the from the practice of law in a manner or
duties of an attorney. for reasons that contravene the due
The purpose, in the final analysis, is to process or equal protection clause of
protect the public, the court, the client, the Constitution.
and the bar from incompetence and
dishonesty of those who are unfit to A quasi-judicial or administrative
become members. agency cannot restrict a lawyer’s
Only those who are competent, privilege to practice law by imposing
honorable, and reliable may practice conditions that amount to
law. discrimination nor limit such privilege
by requiring the passing of an
examination not sanctioned by law as a
Right and Privilege to practice prerequisite to appearing before such
agency.
The practice of law is not a natural, In that sense, the practice of law is in
property or constitutional right but a the nature of a right which cannot be
mere privilege. lightly or capriciously taken away from
It is not a right granted to anyone who him.
demands it but a privilege to be
extended or withheld in the exercise of Practice without examination
sound judicial discretion. Exceptions to the privilege afforded to
It is in the nature of a franchise Filipino citizens who have passed the
conferred only for merit which must be bar exams to practice law:
earned by hard study, learning and A. Citizens of the United States who:
good conduct. 1. Before July 4, 1946, were
It is a privilege accorded only to those duly licensed members* of
who measure up to certain rigid the Philippine Bar.
standards of mental and moral fitness. 2. In active practice in the
Those standards are neither dispensed courts of the Philippines.
with nor lowered after admission.
ralc2011 15
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
3. In good and regular 3. In a criminal case before the
standing as such. MTC – in a locality where a duly
4. Took the oath of office. licensed member of the Bar is not
*Pursuant to the comity clause of the then available, the judge may appoint a
Rules of Examination of Candidates for non-lawyer who is a resident of that
Admission to the Practice of Law in the US province, of good repute for probity
during the American Regime. and ability to represent the accused
B. Filipino citizens*, in the discretion in his defense. [Sec. 7, Rule 116]
of the Court may be admitted 4. Student Practice Rule - A law
without examination, who: student who has successfully
1. Are applicants for completed his 3rd year of the
admission and are enrolled regular 4-year prescribed law
attorneys in good standing curriculum and is enrolled in a
in the Supreme Court of recognized law school’s clinical
the United States or in any legal education program approved
circuit court of Appeals or by the SC – may appear without
district court therein, or in compensation in any civil, criminal
the highest court of any or administrative case before any
State or Territory of the trial court, tribunal, board or officer,
United States. to represent indigent clients
2. Can show certificates that accepted by the Legal Clinic of the
they have practiced before school. [Sec. 1, Rule 138-A] The
July 4, 1946. student shall be under the direct
3. Have never been supervision and control of a member
suspended or disbarred. of the IBP duly accredited by the law
*Rule 138, Sec. 4, Rules of Court. school. [Sec. 2]
5. Under the Labor Code – non-
Practice without admission lawyers may appear before the NLRC
General Rule: Only those who are or any Labor Arbiter if they
licensed to practice law can appear and (a) represent themselves;
handle cases in court. (b) represent their organization or
members thereof [Art. 222,
Exceptions: PD 442]
1. Before the MTC - a party may 6. A non-lawyer or layman may
conduct his case or litigation in represent a claimant before the
person with the aid of an agent or Cadastral Court [Sec. 9, Act. No.
friend appointed by him. [Sec. 34, 2259]
Rule 138] 7. Any official or other person
2. Before any other court – a party appointed to appear for the
may conduct his litigation Government of the Philippines in
personally. [Sec. 34, Rule 138]. He accordance with law shall have all
is bound by the same rules in the rights of a duly authorized
conducting the trial of his case. He member of the bar in any case in
cannot, after judgment, claim that which said government has an
he was not properly represented. interest [Sec. 33, Rule 138].
ralc2011 16
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Three Limitations in the But it cannot practice law directly or
appearance of a layman on behalf indirectly by employing a lawyer to
of another: practice for it or to appear for others for
1. Layman should confine his work its benefit.
to non-adversary contentions. Reasons:
Should not undertake purely legal 1. Nature of the privilege and on the
work such as examination of confidential and trust relation
witnesses or presentation of between attorney and client.
evidence. 2. The corporation (a juridical
2. Services should not be habitually person) cannot perform the
rendered. conditions required for
3. Should not charge or collect membership in the bar, such as
attorneys’ fees. the possession of good moral
character and other special
Right of party to represent himself disqualifications, the taking of an
In Civil Cases, individual litigant has oath and becoming an officer of
the right to conduct his litigation the court, subject to its discipline,
personally. suspension or removal.
He will still be bound by the same rules 3. The relation of trust and
of procedure and evidence as those confidence cannot arise where
applicable to a party appearing through the attorney is employed by a
counsel. corporation to practice for it, his
He may not be heard to complain later employer and he owing, at best,
that he has been deprived of the right a secondary and divided loyalty
to the assistance of counsel. to the clientele of his corporate
In Criminal Cases involving grave and employer.
less grave offenses, an accused who is 4. The intervention of the
a layman must always appear by corporation is destructive of that
counsel. He cannot conduct his own confidential and trust relation and
defense, as his right to counsel may not is obnoxious to the law.
be waived without violating his right to
due process of law. Persons authorized to represent the
By a Juridical Person: government
General Rule:Iit must always Any official or other person appointed
appear in court by a duly licensed or designated in accordance with law to
member of the bar. appear for the government of the
Exception: In the MTC, it may be Philippines or any of its officials shall
represented by its agent or officer have all the rights of a duly authorized
who need not be a lawyer. member of the bar to appear in any
case in which the government has an
Practice by Corporation interest, direct or indirect, or in which
It is well settled that a corporation such official is charged in his official
CANNOT engage in the practice of law. capacity. [Sec. 33, Rule 138].
It may, however, hire an attorney to Solicitor General, Assistant Solicitor
attend to and conduct its own legal General, Solicitors and Trial Attorneys,
business or affairs.
ralc2011 17
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
State Prosecutors, Special Counsel,
Special Prosecutor of the Ombudsman. When any of the public officials are
absolutely prohibited, they cease, as a
Three Instances when a lawyer general rule, to engage in private
cannot practice: practice of law and the right to practice
1. Appearance of Parties in Person. - is suspended during tenure of office.
In all katarungang pambarangay
proceedings, the parties must Lawyer member of the Legislature not
appear in person without the absolutely prohibited.
assistance of counsel or Prohibited only from appearing as
representative, except for minors counsel in:
and incompetents who may be 1. Any court of justice.
assisted by their next-of-kin who 2. Electoral Tribunals.
are not lawyers. (SEC. 415. Local 3. Quasi-Judicial or Administrative
Government Code) bodies.
2. Appearance through a
representative must be for a valid What is prohibited is to ―personally
cause. the representative of an appear.‖
individual-party must not be a The word ―appearance‖ includes:
lawyer, and must be related to or 1. Arguing a case before any such
next-of-skin of the individual- body.
party. juridical entities shall not 2. Filing a pleading on behalf of a
be represented by a lawyer in any client as ―by simply filing a
capacity. (A. M. No. 08-8-7-SC, formal motion, plea or answer‖.
RULE OF PROCEDURE FOR SMALL Neither can he allow his name to
CLAIMS CASES) appear in such pleading by itself or as
3. A lawyer shall not, after leaving part of a firm name under the signature
government service, accept of another qualified lawyer because the
engagement or employment in signature of an agent amounts to
connection with any matter in signing of a non-qualified senator or
which he had intervened while in congressman, the office of an attorney
said service. (Rule 6.03, CANON being originally of agency, and because
6) he will, by such act, be appearing in
court or quasi-judicial or administrative
Disability of Public Officials to practice body in violation of the constitutional
Appointment or Election to a restriction.
government office disqualifies one to ―He cannot do indirectly what the
practice law. Constitution prohibits directly‖.
1. Public office is a Public Trust.
Obliged to perform duties with RESTRICTIONS IN THE PRACTICE OF
exclusive fidelity. LAW OF THE MEMBERS OF THE
2. Avoid conflict of interests. SANGGUNIAN
3. Assure the people of impartiality They shall not:
in the performance of public 1. Appear as counsel before any
functions, thereby promote the court in any civil case wherein a
public welfare. local government unit or any
ralc2011 18
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
office, agency or instrumentality 9. Those prohibited by special laws
of the government is the adverse – retired members of the
party; judiciary.
2. Appear as counsel in any criminal
case wherein an officer or A Civil Service Officer can engage in the
employee of the national or local practice of law only if:
government is accused of an 1. The officer’s responsibilities do
offense committed in relation to not require his time to be fully at
his office; the disposal of the government.
3. Collect any fee for their 2. With written permission from the
appearance in administrative head of the department
proceedings involving the local concerned.
government unit of which he is an
official. [Sec. 90, R.A. 7160] A punong barangay needs to obtain
4. Use property and personnel of written permission from the Secretary
the government except when the of the DILG to appear as counsel.
Sanggunian member concerned is
defending the interest of the Liability for unauthorized practice
government Any person prohibited from engaging in
However, Sanggunian members may the practice of law or assumes to be an
practice their professions, engage in attorney is liable for contempt of court,
any occupation, teach in schools punishable by fine or imprisonment or
except during session hours. both.
Liable for Estafa, defrauds the litigant:
WHO MAY NOT PRACTICE LAW? 1. If such unauthorized practice
Relative Prohibition causes damage to a party.
1. Senators and members of the 2. False representation and
House of Representatives rendering service in court in
(prohibition to appear) behalf of litigant.
2. Members of the Sanggunian.
Absolute Prohibition Criminal and Administrative Liability for
1. All members of the Judiciary government officials prohibited from
2. Judges and other officials as practicing law when doing such.
employees of the Supreme Court.
3. Government prosecutors. Remedies against unauthorized
4. President, Vice President, practice
members of the cabinet. 1. Injunction.
5. Members of Constitutional 2. Declaratory Relief.
Commissions. 3. Contempt of Court.
6. Ombudsman and his deputies. 4. Petition for Disqualification.
7. Solicitor General and Assistant 5. Complaint for Disbarment.
Solicitor General 6. Administrative complaint for public
8. All governors, city and municipal officer.
mayors. 7. Criminal complaint for Estafa
ralc2011 19
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
D. QUALIFICATIONS FOR ADMISSION Public Policy demands that a person
seeking admission to the practice of law
REQUIREMENTS FOR ADMISSION TO must
THE BAR: 1. Possess the required educational
1. Citizen of the Philippines. qualifications.
2. Resident of the Philippines 2. Show a degree of learning and
3. At least 21 years old proficiency in law necessary for
4. Successfully completed all prescribed the due performance of the duties
courses. of a lawyer.
5. Passed the bar exams. To the lawyer is entrusted the
6. Production before the Supreme protection of life, liberty, property, or
Court satisfactory evidence of: honor.
a. Good moral character To approve officially one who is not
b. No charges against him, involving adequately prepared to such a delicate
moral turpitude, have been filed task is to create a social danger.
or are pending in any court in the
Philippines. Bar Examination
Subjects chosen for these exams are
Citizenship and Residence designed to eliminate any one whose
Privilege denied to foreigners. general intelligence, learning, and
Takes into account the close connection mental capacity are inadequate to
of the practice of law with the enable him to assume and discharge
administration of justice. the duties of an attorney.
An alien cannot well maintain allegiance Passing Grade: A general average of
to the Republic of the Philippines, which 75% in all subjects without falling
is required in the Oath of a Lawyer. below 50% in any subject.
In determining the average, the
Good Moral Character
subjects given the following relative
Continued possession of good moral
weights:
character after admission is a 1. Civil Law 15%
requirement for enjoyment of privilege 2. Labor and Social Legislation 10%
to practice. 3. Mercantile Law 15%
Moral character is what a person really 4. Criminal Law 10%
is as distinguished from good reputation 5. Political and International Law
or opinion generally entertained of him. 15%
Includes at least common honesty. 6. Taxation 10%
Opposite of immorality, which is the 7. Remedial Law 20%
indifference to the moral norms of 8. Legal Ethics and Practical
society. Exercises 5%
This requirement aims to maintain and
uphold the high moral standard and the A candidate who fails for three times is
dignity of the legal profession. disqualified from taking another
examination, unless he has shown to
Educational qualifications the satisfaction of the Court that he
has:
ralc2011 20
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
1. Enrolled and passed regular
fourth year review classes;
2. Attended a pre-bar review American lawyers in active practice of
course. law in the Philippines before July 4,
1946 or a Filipino citizen enrolled as
E. PROCEDURE FOR ADMISSION attorney in the United States before
July 4, 1946, who desires admission
Bar Examination Committee without examination should:
Examinations shall be conducted by a 1. File a petition with the Court
committee of bar examiners to be along with his
appointed by the Supreme Court. This 2. License to practice
committee shall be composed of: 3. Evidence that it has not been
1. A Justice of the Supreme Court, revoked
as chairman and designated by 4. Certificates of professional
the court to serve for one year. standing.
2. Eight (8) members of the
Philippine bar, who shall serve as Disclosure of involvement in any
examiners in the 8 bar subjects criminal case
and hold office for a period of one Applicant must show that no charges
year. against him involving moral turpitude
3. Bar Confidant as liaison officer have been filed or pending in court in
between the Court and Chairman the Philippines (Rule 138, Sec 2, Rules
and the Committee members. of Court)
Also a deputy clerk of court. To enable the court to resolve whether
a particular crime involves moral
Application and supporting documents turpitude, applicant must disclose any
Time for filing proof of qualifications.— crime of which he has been charged.
All applicants for admission shall file If what has been concealed does not
with the clerk of the Supreme Court a involve moral turpitude, it is the fact of
duly accomplished application form concealment and not the commission of
together with supporting documents the crime itself that makes him morally
concerning his qualifications at least 15 unfit.
days before the beginning of the
examination. Burden of proof to show qualifications
Applicants shall also file at the same Applicant assumes the burden of proof
time their own affidavits as to their age, to establish his qualifications to the
residence, and citizenship. (Rule 138, satisfaction of the court.
Sec. 7) After having presented prima facie
evidence of his qualifications, any one
Notice of applications.—Notice of objecting to his admission may offer
applications for admission shall be contrary evidence to overcome such
published by the clerk of the Supreme prima facie showing. Burden of proof
Court in newspapers published in shifts to the complainant.
Pilipino, English and Spanish, for at
least 10 days before the beginning of Written examinations
the examination. (Rule 138, sec. 8) Annual examination.
ralc2011 21
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
o Examinations for admission to the 4. To keep the examinee’s identity a
bar of the Philippines shall take secret and thus avoid any influence
place annually in the City of to bear upon the examiner in the
Manila. valuation of his answers:
o They shall be held in four days to a. The exam papers shall be
be designated by the chairman of identified by numbers.
the committee on bar examiners.
b. The name of the examinee is
o The subjects shall be distributed written in a piece of paper and
as follows:
sealed in an envelope.
1. 1st day: Political and
5. Any candidate who violates any of
International Law
the rules concerning the conduct of
(morning), Labor and Social
examination will be barred from
Legislation (afternoon);
taking such and the same will be
2. 2nd day: Civil Law
counted as a failure against him.
(morning),Taxation
(afternoon);
The conduct of the bar exams involves
3. 3rd day: Mercantile Law
public interest.
(morning) Criminal Law
Any charge of anomaly requires prompt
(afternoon);
action from the Court to prevent
4. 4th day: Remedial Law (morning)
erosion of public faith in the bar and in
Legal Ethics and Practical
the court.
Exercises (afternoon).
(Rule 138, sec. 11.)
Correction and revaluation of grades
The bar examiners correct the
The questions shall be the same for all
examination papers and submit the
examinees.
grades and corrected papers to the bar
Examinees shall answer the questions
confidant.
personally without help from anyone.
The bar confidant tallies the individual
Upon verified application made by an
grades of every examinee, computes
examinee stating that his penmanship
the general average, and prepares a
is so poor that it will be difficult to read
comparative data showing the
his answers without much loss of time,
percentage of passing and failing in
the Supreme Court may allow such
relation to a certain average.
examinee to use a noiseless typewriter.
Results are submitted to the
Examination Committee and to the
Restrictions to insure integrity in
Court.
examination
1. An examinee is prohibited from
Any request for revaluation of the
bringing papers, books or notes into
answers and the grades given should be
the examination room.
made by the examinee addressed to
2. He is not to communicate with the
the Court.
other examinees during the exam.
3. He is not to influence any member of
the committee on bar exams. Administration of Oath
ralc2011 22
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Qualified applicants shall take and weigh his actions according to the
subscribe to the Oath of Office as a sworn promises he makes when taking
Lawyer. the lawyer’s oath. If all lawyers
A prerequisite to the admission of conducted themselves strictly according
practice of law and may only be taken to the lawyer’s oath and the Code of
before the Supreme Court. Professional responsibility, the
The court may deny the petition to take
administration of justice will
the lawyer’s oath for: undoubtedly fairer, faster and easier for
o Grave misconduct; everyone concerned. (In Re:
o Pending complaint against the Argosino, 270 SCRA 26)
applicant
By taking the lawyer’s oath, a lawyer
LAWYER’S OATH (MEMORIZE!!)
becomes the guardian of truth and the
rule of law and an indispensable
I , do solemnly swear that I will
instrument in the fair and impartial
maintain allegiance to the Republic of the
administration of justice. Good moral
Philippines;
character includes at least common
honesty. Deception and other
I will support and defend its Constitution
fraudulent acts are not merely
and obey the laws as well as the legal
unacceptable practices that are
orders of the duly constituted authorities
disgraceful and dishonorable, they
therein;
reveal a basic moral flaw. (Olbes vs.
Deciembre, 457 SCRA 341)
I will do no falsehood nor consent to its
commission;
Issuance of Certificate
After taking oath, the Supreme Court
I will not wittingly or willingly promote or
admits him as a member of the bar for
sue any groundless, false or unlawful suit
all courts of the Philippines.
nor give aid nor consent to the same;
An order be entered that a certificate of
such record be given him by the clerk of
I will not delay any man’s cause for money
court.
or malice and will conduct myself as a
Such certificate is his license to practice
lawyer according to the best of my
law.
knowledge and discretion with all good
Thereafter, he signs the roll of
fidelity as well to the court as to my
attorneys, which is the official record
clients; and
containing the names and signatures of
those who are authorized to practice
I will impose upon myself this obligation
law.
voluntarily, without any mental reservation
or purpose of evasion. Payment of IBP dues and privilege tax
Membership by every attorney in the
So help me God. IBP is compulsory.
Obligation to support it financially.
The lawyer’s oath is not a mere o Every member of the Integrated
ceremony or formality for practicing Bar shall pay such annual dues as
law. Every lawyer should at all times the Board of Governors shall
ralc2011 23
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
determine with the approval of
the Supreme Court.
o Default in payment for 6 months
shall warrant suspension.
o Default in such payment for 1
year shall be a ground for
removal of the name of the
delinquent member from the Roll
of Attorneys.
o However, no action involving
suspension or removal from the
roll shall be effective without final
approval of the Supreme Court.
ralc2011 24
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
ralc2011 25
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Duty not to engage in Agpalo
unlawful conduct
ralc2011 26
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Canon 1, Rule 1.01. A lawyer shall He should not allow his services to be
not engage in unlawful, dishonest, engaged by an organization whose
immoral or deceitful conduct. member as violating the law, to defend
them when they get caught.
As servant of the law, a lawyer should
moreover make himself an exemplar for The Supreme Court will not denounce
others to emulate. criticismmade by anyone against the
Duty to obey the law and promote Court for, if well founded, can truly
respect for law and legal processes have constructive effects in the task of
demands that he shall not engage in the Court, but it will not countenance
unlawful, dishonest, and immoral, or any wrongdoing nor allow the erosion of
deceitful conduct. our people’s faith in the judicial system,
Unlawful conduct is an act or omission let alone, by those who have been
which is against the law. privileged by it to practise law in the
Dishonesty involves lying or cheating. Philippines. (Estrada
Immoral or deceitful conduct is that v.
which is willful, flagrant or shameless Sandiganbayan, 416 SCRA 465
and which shows a moral indifference to (2003))
the opinion of the good and respectable
members of the community. Terrel was found guilty of malpractice
or gross misconduct for assisting in the
Moral turpitude ―includes everything establishment and acting as counsel for
which is done contrary to justice, the Centro Bellas Artes Club, an
honesty, modesty, or good morals‖. It organization intending to evade the
involves an act of baseness, vileness, or practice of law. (In Re Terrel (1903))
depravity in the private duties which a
man owed his fellowmen, or to society
in general, contrary to the accepted and Duty not to encourage lawsuits
customary rule of right and duty Rule 1.03. A lawyer shall not, for any
between man and woman, or conduct corrupt motive or interest, encourage
contrary to justice, honesty, modesty, any suit or delay any man’s cause.
or good morals.
Among the unprofessional acts which
Duty not to counsel illegal activities come within the prohibition include the
Canon1, Rule 1.02. A lawyer shall not lawyer’s:
counsel or abet activities aimed at 1. Volunteering advice to bring
defiance of the law or at lessening lawsuit, except in rare cases
confidence in the legal profession. where ties of blood, relationship,
or trust.
A lawyer who defies a writ or 2. Hunting up defects in titles or
preliminary injunction has flouted his other causes of action.
duties as a lawyer. 3. Seeking out claims for personal
He should not promote an organization injuries or those having any other
known to be violating the law nor assist grounds of action to secure them
it in a scheme which he knows is as clients.
dishonest 4. Initiating a meeting of the
ralc2011 27
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
members of a club and Agpalo
inducing
ralc2011 28
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
them to organize and contest a fees which are often considerably less
legislation under his guidance. when the cause is amicably settled. The
5. Purchasing notes to collect them problem of conflict of interests must be
by litigation at a profit. resolved against self-interest.
B. MAKING LEGAL
SERVICES
AVAILABLE
Generally
A lawyer shall make his legal services
available in an efficient and convenient
manner compatible with the
independence, integrity and
effectiveness of the profession.
A lawyer who is qualified to provide
efficient legal services should make
available such services to those who are
in need thereof.
IBP Committee that drafted the Code
explained: “A person in need of legal
services should be able to find a lawyer
who is qualified to provide them. It
ralc2011 30
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
the responsibility of the bar to make fail or Agpalo
such services available.”
A wide gap exists between the need
and its satisfaction. This has been
mainly ascribed mainly to 2 reasons:
1. Poverty and the consequent
inability to pay.
2. Ignorance not only of the need
of legal services but also of
where to find a competent and
dependable lawyer.
ralc2011 33
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
The reason for the rule is that a lawyer Rule 6.01. The primary duty of a
does not shed his professional lawyer in public prosecution is not to
obligations upon assuming public office. convict but to see that justice is done.
In fact, his professional obligations The suppression of facts or the
should make him more sensitive to his concealment of witnesses capable of
official obligations because a lawyer’s establishing the innocence of the
disreputable conduct is more likely to accused is highly reprehensible and is
be magnified in the public eye. cause for disciplinary action.
As government counsel, they have the A public prosecutor is a quasi-judicial
added duty to abide by the policy of the officer who represents, not an ordinary
State to promote a high standard of party to a controversy, but sovereignty.
ethics in public service. This sovereignty has its obligation to
As part of the government bureaucracy, govern impartially. Therefore, the
it is incumbent upon lawyers to perform interest in a criminal prosecution is not
and discharge their duties with the that it shall win a case but that justice
highest degree of professionalism, shall be done.
intelligence, and skill, and to extend
prompt, courteous, and adequate A public prosecutor should not hesitate
service to the public. to recommend to the court the acquittal
of the accused if the evidence in his
Fundamental principle in public law: possession shows that the accused is
Public office is a public trust. innocent.
A public servant owes utmost fidelity to
If he finds no legal basis to sustain a
the public service.
conviction, he should not hesitate to
Norms of conduct required of public
recommend that the accused be
officials:
acquitted.
1. Uphold the public interest over
For “his finest hour is not when he wins
and above personal interest.
a case with the conviction of the
2. Discharge their duties with the
accused. His finest hour is still when,
highest degree of excellence,
overcoming the advocate’s natural
professionalism, intelligence, and
obsession for victory, he stands up
skill.
before the court and pleads not for the
3. Act with justness and sincerity.
conviction of the accused but for his
4. Provide service without
acquittal. For indeed, his noble task is
discrimination.
to prosecute only the guilty and to
5. Extend prompt, courteous, and
protect the innocent.”
adequate service to the public.
6. Be loyal to the Republic.
Restrictions on the functions of public
7. Commit themselves to democratic
prosecutor
way of life and values.
Public prosecutors should not allow
8. Live modest lives.
giving the impression that their noble
office is being used, wittingly or
A prosecutor shall see to it that justice
unwittingly, for political ends or other
is done
purposes alien to the basic objective of
serving the interests of justice
ralc2011 34
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
evenhandedly, without fear or favor to
any and all litigants, whether rich or Role of the private prosecutor
poor, weak or strong, powerless or GENERAL RULE: Where the civil action
mighty. for recovery of civil liability is instituted
in the criminal action, the offended
It is his duty to refrain from improper party may intervene by counsel in the
methods calculated to produce a prosecution of the offense. (Rule 110,
wrongful conviction. Sec. 16. Rules of Court)
He should not offer as proof of the guilt EXCEPTIONS: Public prosecutor has
of the accused which is illegally seized. direction and control of the prosecution:
Nor suppress facts or conceal witnesses 1. Where from the nature of the
capable of establishing the innocence of crime and the law defining and
the accused. punishing it, no civil liability
arises in favor of a private
It is improper for a public prosecutor offended party.
to: 2. In cases where from the nature of
1. Assist in the escape of a prisoner. the offense, the offended party is
2. Institute a criminal action to force entitled to civil indemnity arising
settlement of a case. therefrom but he has:
3. Agree to refrain from prosecuting a. Waived the civil action or
a person in consideration of some b. Expressly reserved the
reward. right to institute it
4. Receive money for dismissing a separately from the
complaint. criminal action.
5. Induce an accused to plead
guilty. The role of the private prosecutor in
6. Willfully fail to prosecute criminal actions is to represent the
violations of law. private offended party with respect to
7. Have a secret partner with whom the civil action for the recovery of civil
he divides the attorney’s fees. liability arising from the offense.
His sole purpose is to enforce the civil
In appeals, the Solicitor General has liability and not to demand the
control punishment of the accused.
GENERAL RULE: The Solicitor General
shall represent the People in criminal Intervention by private lawyer is
actions brought to the Court of Appeals subject to prosecutor’s control
and the Supreme Court. The intervention of the private
EXCEPTION: In all cases elevated to the prosecutor in the criminal prosecution is
Sandiganbayan and from there to the always subject to the direction and
Supreme Court, the Office of the control of the public prosecutor.
Ombudsman, through its special Public prosecutor is duty bound to take
prosecutor, shall represent the People. charge of the prosecution until its
9RA 8249) termination.
EXCEPTION TO THE EXCEPTION: Cases While he may allow the private
filed pursuant to Executive Order Nos. prosecutor to actively handle the
1, 2, 14, and 14-A issued in 1986.
ralc2011 35
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
conduct of the trial, his duty to direct Rule 6.02. A lawyer in government
and control requires that: service shall not use his public position
1. He must be present during the to promote or advance his private
proceedings. interests, nor allow the latter to
2. He must at any time, take over interfere with his public duties.
the conduct of the trial from the
private prosecutor. If the law allows a public official to
practice law concurrently, he must not
Where the prosecutor turned over the use his public position to feather his law
active conduct of the trial to the private practice.
prosecutor who presented testimonial Neither should he accept any private
evidence even when the public legal business in which his duty to his
prosecutor was absent during the trial, client will or may conflict with his
the evidence presented could not be official duties, and if some unforeseen
considered as valid evidence of the conflict with his official duties arises he
People of the Philippines. should terminate his professional
However, it applies only to courts which relationship.
are provided by law with their own
prosecutors, and not to Municipal Trial A public official should see to it that his
Courts which have no trial prosecutors. private activity does not interfere with
A private prosecutor taking over a the discharge of his official functions.
criminal action cannot take a stand He should avoid all impropriety and the
different from or opposed to that of the appearance of impropriety.
public prosecutor or cannot adopt a Neither should he inferentially create a
stand inconsistent with that of the public image that he is utilizing his
Solicitor General, otherwise it would be public position to advance his
tantamount to giving him the direction professional success or personal
and control of the criminal proceedings, interest at the expense of the public.
contrary to law and settled rules on the
matter. RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
When the public prosecutor should Employees.
take over handling of the case Sec. 7(b). In addition to acts and
A public prosecutor should not allow the omissions of public officials and employees
trial in the hands of a private not prescribed in the Constitution and
prosecutor to degenerate into a private existing laws, the following shall constitute
prosecution. prohibited acts and transactions of any
The administration of criminal law public official and employee and are
should never be for the accomplishment hereby declared to be
of a private gain or advantage nor it be unlawful:
a vehicle of oppression for the (b) Outside employment and other
gratification of private malice. activities related thereto.—Public officials
and employees during their incumbency
A lawyer shall not use his public shall not:
position to promote his private 1. Own, control, manage or accept
interest employment as officer employee,
ralc2011 36
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
consultant, counsel, broker, agent, The Court ruled that ATty Mendoza could
trustee or nominee / in any private not be disqualified from representing the
enterprise regulated, supervised or LGC. The Court explained:
licensed by their office / unless The key to unlock Rule 6.03 lies in
expressly allowed by law; comprehending.
2. Engage in the private practice of 1. The meaning of ―matter‖
their profession unless authorized by referred to in the rules.
the Constitution or law, provided 2. The metes and bounds of the
that such practice will not conflict or ―intervention‖ made by the
tend to conflict with their official former government lawyer on
functions; or the ―matter.‖
3. Recommend any person to any The American Bar Association, in its
position in a private enterprise which Formal Opinion 342, defined ―matter‖
has a regular or pending official as:
transaction with their office. o Any discrete, isolatable act as
well as identifiable transaction
and not merely an act of
Former official may not accept certain drafting, enforcing or
employment interpreting government or
Rule 6.03. A lawyer shall not, after agency procedures,
leaving government service, accept regulations or laws, or briefing
engagement or employment in abstract principles of law.
connection with any matter in which he The ―matter‖ or the act of Atty.
had intervened while in said service. Mendoza as Solicitor General is
―advising the Central Bank on how to
The restriction covers ―engagement proceed with Genbank’s liquidation is
and employment,‖ which means that he held not to be the ―matter‖
cannot accept any work or employment contemplated by Rule 6.03.
from anyone that will involve or relate Clearly, ABA Formal Opinion 342
to the matter in which he intervened as stresses that Atty. Mendoza’s acts did
a public official, except on behalf of the not fall within the scope of the term
body or authority which he served ―matter.‖
during his public employment. It is given that respondent Mendoza
had nothing to do with the decision of
PCGG v. Sandiganbayan, 455 the Central Bank to liquidate Genbank
SCRA 526 (2005)): and did not even participate in the sale
PCGG seeks to disqualify Atty. Estelito of Genbank to Allied Bank.
Mendoza as counsel for the Lucio Group of The ―matter‖ which he got himself
Companies in the suit involving the involved was informing the Central
sequestration of shares of stock of the LGC bank on the procedure by law to
as alleged ill-gotten wealth, on the ground liquidate Genbank.
that as former Solicitor General, he It is not the same as the subject
intervened in the matter of the liquidation ―matter‖ of the civil case of
of Genbank, which was subsequently sequestration of stocks owned by Tan in
purchased by LGC. Allied Bank on the alleged ground that
ralc2011 37
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
they are ill-gotten. This case does not
involve the liquidation of Genbank.
Whether the shares of stock of Allied
Bank are ill-gotten is far removed from
the issue of the dissolution and
liquidation of Genbank.
ralc2011 41
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
profession and will not receive
B. LAWYER’S RELATION WITH OTHER sympathy from the Court.
LAWYERS Duty of lawyer to restrain his client
from improprieties and to terminate his
Canon 8. A lawyer shall conduct himself relation with him if the latter persists in
with courtesy, fairness, and candor toward his wrongdoing.
his professional colleagues, and shall avoid A lawyer should not use, to his or his
harassing tactics against opposing counsel. client’s benefit, the secrets of the
adverse party acquired through design
Rule 8.01. A lawyer shall not, in or inadvertence.
professional dealings, use language A lawyer who thinks a case is weak may
which is abusive, offensive or not criticize the lawyer who accepts it,
otherwise improper. much less should he attribute to him
evil motive for taking up the client’s
Rule 8.02. A lawyer shall not, cause.
directly or indirectly, encroach upon It is not, however, improper for a
the professional employment of lawyer to accept employment to compel
another lawyer; however, it is the another lawyer to honor the just claim
right of any lawyer, without fear or of a layman. His action toward such
favor, to give proper advice and end, as writing a letter of demand to
assistance to those seeking relief the lawyer, is not unethical since it is
against unfaithful or neglectful mere honest effort to serve the interest
counsel. of the client.
ralc2011 43
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
should deal only with his counsel. It is
A lawyer shall not encroach upon incumbent upon the lawyer most
business of another particularly to avoid everything that
Rule 8.02. A lawyer shall not, directly may tend to mislead a party not
or indirectly, encroach upon the represented by counsel, and he should
professional employment of another not undertake to advise him as to the
lawyer; however, it is the right of any law.‖
lawyer, without fear or favor, to give A lawyer should not, in the absence of
proper advice and assistance to those the adverse party’s counsel, interview
seeking relief against unfaithful or the adverse party and question him as
neglectful counsel. to the facts of the case even if the
A lawyer should not steal the other adverse party was willing to do so.
lawyer’s client nor induce the latter to Neither should he sanction the attempt
retain him by promise of better service, of his client to settle a litigated matter
good result or reduced fees for his with the adverse party without the
services. Neither should he disparage consent nor knowledge of the latter’s
another, make comparisons or publicize counsel.
his talent as a means to further his law
practice. Association as a colleague in a case
It is, however, the right of a lawyer, A client’s proffer of assistance of
without fear or favor, to give proper additional counsel should not be
advice to those seeking relief against regarded as evidence of want of
unfaithful or neglectful counsel. confidence but the matter should be left
He may accept employment to handle a to the determination of the client.
matter previously handled by another The 2nd lawyer should communicate
lawyer, provided that the other lawyer with the 1st before making an
has been given notice of termination of appearance. Should the 1st lawyer
service. Without such notice, he shall object, he should decline association
only appear once he has obtained but if the 1st lawyer is relieved, he may
conformity or has, at the very least, come into the case.
given sufficient notice of contemplated When there is conflict of opinions
substitution. between two lawyers jointly associated
A lawyer’s appearance in the case in a case, the client should decide. The
without notice to the first lawyer decision should be accepted unless the
amounts to an improper encroachment nature of the difference makes it
upon the professional employment of impracticable for the lawyer whose
the original counsel. judgment has been overruled to
cooperate effectively. In this event, it is
Negotiation with opposite party his/her duty to ask client to relieve
Canon 9 of the Canons of Professional him/her.
Ethics provides that a ―lawyer shall not
in any way communicate upon the
subject of controversy with a party C. PREVENTING UNAUTHORIZED
represented by counsel, much less PRACTICE OF LAW
should he undertake to negotiate or
compromise the matter with him, but
ralc2011 44
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Canon 9. A lawyer shall not, directly or unlicensed to practice law and not
indirectly, assist in the unauthorized subject to the disciplinary control of the
practice of law. court.
The law makes it a misbehavior on the
Rule 9.01. A lawyer shall not part of the lawyer to aid a layman in
delegate to any unqualified person the unauthorized practice of law.
the performance of any task which A person not admitted to the bar may
by law may only be performed by a not hold himself out to the public as
member of the Bar in good standing. engaged in the practice of law, either
alone or as associated with a practicing
Rule 9.02. A lawyer shall not divide attorney under a firm name. (US v.
or stipulate to divide a fee for legal Ney (1907))
services with persons not licensed to He may not form a partnership with a
practice law, except: lay accountant to specialize in income
1. there is a pre-existing agreement tax work unless he ceases to hold
with a partner or associate that, himself out as a lawyer and strictly
upon the latter’s death, money shall confine his activities to such as are
be paid over a reasonable period of open to lay accountants.
time to his estate or to persons
specified in the agreement; or Intervention of intermediary not
2. Where a lawyer undertakes to allowed
complete unfinished or legal Prohibition on intermediary to intervene
business of a deceased lawyer; or in the performance of lawyer’s
3. Where a lawyer or law firm professional obligations.
includes non-lawyer employees in a Lawyer’s relation to client is personal
retirement plan, even if the plan is and responsibility is direct.
based in whole or in part, on profit- Intervention of lay agency between
sharing arrangement. lawyer and the client is forbidden.
It is thus improper for a lawyer to
Duty to prevent unauthorized accept employment from an automobile
practice of law club which, in soliciting membership,
Canon 9. A lawyer shall not, directly or offers free services of it legal
indirectly, assist in the unauthorized department to members.
practice of law. Employment should not include the
Public policy requires that the practice rendering of legal services to members
of law be limited to those individuals of such an organization in respect to
found duly qualified in education and their individual affairs.
character. A charitable society rendering aid to the
The permissive right conferred on the indigent is not, however, an
lawyer is an individual and limited intermediary within the meaning of the
privilege subject to withdrawal if he rule.
fails to maintain proper standards of
moral and professional conduct. A lawyer shall not delegate legal work
Purpose is to protect the public, the to non-lawyers
court, the client, and the bar from Rule 9.01. A lawyer shall not delegate
incompetence and dishonesty of those to any unqualified person the
ralc2011 45
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
performance of any task which by law The third exception to the rule does not
may only be performed by a member of involve, strictly speaking, a division of
the Bar in good standing. legal fees with non-lawyer employees.
He should not delegate to a layman any The retirement benefits in the form of
work which involves the application of pension represent additional deferred
law, such as: wages or compensation for past
1. The computation and services of the employees
determination of the period within Impropriety arises where the effect of
which to appeal and adverse the arrangement is to make the estate
judgment. or heir a member of the partnership
2. Examination of witnesses.
along with the surviving partners, or
3. Presentation of evidence.
where the estate or heir is to receive a
Can employ secretaries, investigators, percentage of fees that may be paid
detectives, researches as long as they from future business of the deceased
are not involved in the practice of law lawyer’s clients. Such fees no longer
(e.g., not ―writing‖ pleadings, appearing represent compensation for past
in court, etc.) services of the deceased lawyer.
An agreement between a union lawyer
A lawyer shall not divide fees and a layman president of the union to
with non-lawyers divide equally the attorney’s fees that
Rule 9.02. A lawyer shall not divide or may be awarded in a labor case violates
stipulate to divide a fee for legal the rule.
services with persons not licensed to
practice law.
Exceptions: D. SOLICITATION AND ADVERTISING
1. Where there is a pre-existing
agreement with a partner or A lawyer shall not solicit legal
associate that, upon the latter’s business
death, money shall be paid over a The law prohibits lawyers from soliciting
reasonable period of time to his cases for the purpose of gain, either
estate or to persons specified in the personally, or through paid agents or
agreement. brokers, and makes the act
2. Where a lawyer undertakes to malpractice. (Rule 138, Sec. 27, Rules
complete unfinished or legal or Court)
business of a deceased lawyer. Sec. 27. Attorneys removed or
3. Where a lawyer or law firm includes suspended by Supreme Court on what
non-lawyer employees in a grounds. - A member of the bar may be
retirement plan, even if the plan is removed or suspended from his office
based in whole or in part, on as attorney by the Supreme Court for
profitsharing arrangement. any deceit, malpractice, or other gross
misconduct in such office, grossly
The first two exceptions to the rule immoral conduct, or by reason of his
represent compensation for legal conviction of a crime involving moral
service rendered by the deceased turpitude, or for any violation of the
lawyer during his lifetime, which is paid oath which he is required to take before
to his estate or heirs. admission to practice, or for a wilfull
ralc2011 46
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
disobedience of any lawful order of a indigent or a person having difficulty
superior court, or for corruptly or paying the usual fee.
wilfully appearing as an attorney for a
party to a case without authority so to A lawyer cannot advertise his talent;
do. The practice of soliciting cases at reasons therfor
law for the purpose of gain, either General rule: A lawyer cannot advertise
personally or through paid agents or his talent as a shopkeeper advertises
brokers, constitutes malpractice. his wares.
Rule 2.03. A lawyer shall not do or Restriction originated from practices in
permit to be done any act designed to the Inns of Court of England.
primarily solicit legal business. Young men studying to become
Among those that fall under the barristers regarded the law as primarily
prohibition: a form of public service in which the
1. A lawyer who recommends gaining of a livelihood was but a
employment of himself, his secondary consideration.
partner, associate, or member of A lawyer is a member of an honorable
his legal staff to a non-lawyer profession whose primary purpose is to
who has not sought his advice render public service and help secure
regarding employment of a justice and in which remuneration is a
lawyer. mere incident.
2. A lawyer who compensates and To allow a lawyer to advertise his talent
gives anything of value to a or skill is to commercialize the practice
person or organization to of law, lower the profession in public
recommend or secure his confidence and lessen its ability to
employment of a client. render efficiently that high character of
3. A lawyer who gives a reward for service to which every member of the
having made a recommendation bar is called.
resulting in his employment by a If competitive advertising were
client. permitted, the conscientious and ethical
lawyers will unavoidably be at the
A lawyer shall not charge lower rates mercy of the braggart.
to attract business
An unethical practice of indirect Proper or permissible advertising or
solicitation of legal business. solicitation
Rule 2.04. A lawyer shall not charge Not all advertising or solicitation are
rates lower than those customarily prohibited.
prescribed unless the circumstances so What makes solicitation improper is:
warrant. 1. the employment of such methods
What the rule prohibits is the as are incompatible with the
competition in the matter of charging traditional dignity of a lawyer and
professional fees for the purpose of maintenance of correct
attracting clients in favor of a lawyer professional standards or
with lower rates. 2. the use of artificial means to
The rule does not prohibit the charging augment the publicity that
of a reduced fee or none at all, to an normally results from what a
lawyer does.
ralc2011 47
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Best advertising for a lawyer: A well- full time position as corporate
merited reputation for professional counsel;
capacity and fidelity to trust. if in media, those acts incidental to
Good and efficient service to a client as his practice (i.e., not his own
well as to the community has a way of initiative);
publicizing itself and catching public write articles for publication giving
attention. information upon the law (and not
That publicity is a normal by-product of individual rights or advising through
effective service. column/ TV broadcast, lest such be
A good and reputable lawyer needs no considered indirect advertising);
artificial stimulus to generate it and to if entering into other businesses
magnify his success. (which are not inconsistent with
EXCEPTIONS: lawyer’s duties) then it is advisable
1. Those which are expressly that they be entirely separate and
allowed. apart such that a layman could
2. Those which are necessarily distinguish between the two
implied from the restrictions. functions.
publication in reputable law list with Writing legal articles
brief biographical and other An attorney ―may with propriety write
informative data which may include articles for publications in which he
name, associates, address, phone gives information upon the law; but he
numbers, branches of law practised, should not accept employment from
birthday, day admitted to the bar, such publications to advise inquiries in
schools and dates attended, degrees respect to their individual rights.‖
and distinctions, authorships, (Canon 40, Code of Professional Ethics)
teaching positions, associations, A lawyer may properly write and sell for
legal fraternities and societies, publication, articles of general nature
references and regularly represented on legal subjects in a law journal.
clients must be published for that
purpose; What should be guarded against is the
an ordinary, simple professional violation of the ethical principles
card; concerning:
publication of simple announcement 1. Improper advertising by a lawyer.
of opening of law firm, change of 2. Giving of legal advice to one with
firm; whom no attorney-client
telephone directory (but not under relationship exists.
designation of special branch of 3. Aiding of a layman to engage in
law); unauthorized practice of law.
if acting as an associate (specialising
in a branch of law), may publish a Engaging in business or other
brief and dignified announcement to occupation
lawyers (law list, law journal); It is not uncommon to see lawyers
seeking a public office (which can be combining law practice with some other
filled only by a lawyer); lawful occupation.
ralc2011 48
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
The fact that he is a lawyer does not regarding his qualifications or legal
preclude him from engaging in services.
business. Rule 3.04. A lawyer shall not pay or
Impropriety arises when the nature and give anything of value to
manner of business is inconsistent with representatives of the mass media in
the duties of the lawyer such as when it anticipation of, or in return for, publicity
is used as a cloak for indirect to attract legal business.
solicitation on his behalf. Similarly, he should not resort to
It is necessary that the lawyer keeps indirect advertisements, such as
any business in which he is engaged, furnishing or inspiring newspaper
entirely separate and apart from his comments, or procuring his photograph
practice. to be published.
He shall make it clear to his client in
what capacity he is acting.
Businesses closely associated with the CANON 3: A lawyer in making known his legal
practice of law: services shall use only true, honest, fair,
o Collection agency. dignified and objective information or
o Real estate brokerage. statement of facts.
o Insurance agency.
o Mortgage service. Rule 3.01. A lawyer shall not use or
o Tax service and consultancy. permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
A lawyer shall make clear whether he
regarding his qualifications or legal
is acting in another capacity services.
Rule 15.08. A lawyer who is engaged
in another profession or occupation Rule 3.02. In the choice of a firm
concurrently with the practice of law name, no false, misleading or assumed
shall make clear to his client whether name shall be used. The continued use
he is acting as a lawyer or in another of the name of a deceased partner is
capacity. permissible provided that the firm
The reason is that certain ethical indicates in all its communications that
considerations governing the attorney- said partner is deceased.
client relationship may be operative in
Rule 3.03. Where a partner accepts
one and not in the other.
public office, he shall withdraw from the
firm and his name shall be dropped
Lawyer shall not use false statement from the firm name unless the law
regarding his qualification or service allows him to practice law concurrently.
CANON 3: A lawyer in making known
his legal services shall use only true, Rule 3.04. A lawyer shall not pay or
honest, fair, dignified and objective give anything of value to representatives
information or statement of facts. of the mass media in anticipation of, or
Rule 3.01. A lawyer shall not use or in return for, publicity to attract legal
business.
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
ralc2011 49
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
It is not a business partnership under
the Civil Code.
It is highly unethical for an attorney to No person should be admitted or held
advertise his talents or skill as a out as a member who is not a lawyer.
merchant advertises his wares. The law Rule 3.02. In the choice of a firm
is a profession and not a business. The name, no false, misleading or assumed
lawyer may not sell or obtain name shall be used. The continued use
employment himself or through others of the name of a deceased partner is
for to do so would be unprofessional. It permissible provided that the firm
is destructive of the honor of a great indicates in all its communications that
profession. It lowers the standards of said partner is deceased.
that profession. It works against the The reason for allowing the continued
confidence of the community and it use of the name of a deceased partner
results in needless litigation. (In Re: is that all the partners, by their joint
Tagorda, 53 Phil 37 (1929))7 efforts over a period of time,
Tagorda was suspended for soliciting contributed to the goodwill attached to
business. Before Tagorda’s election to the firm name, and this goodwill is
the provincial board of Isabela, he disturbed by a change in firm name
used a card offering services as an every time a partner dies.
attorney and a notary public free. The Filipino lawyers cannot practice law
card also stated that he was a under the name of a foreign law firm,
candidate for the provincial board. as the latter cannot practice law in the
After his election, he wrote a letter to Philippines.
the barrio lieutenant informing him The use of the foreign law firm in the
that he would continue his practice as country is unethical:
lawyer and asking that the lieutenant o The respondent’s use of the firm
transmit this information to the barrio. name constitutes a
Examples of improper advertising: representation that being
o Distribution of a diary which has associated with Baker and
an attorney’s card printed in the McKenzie they could ―render
cover. legal services to the highest
o Procuring a lawyer’s name to be quality to multinational business
written in an automobile enterprises and others engaged
insurance policy with direction to in foreign trade and investment.‖
the insured to contact the This is unethical because Baker &
attorney in case of accident. McKenzie is not authorized to
practice law here. (Dacanay v.
Baker and McKenzie, 136
A lawyer shall not use false SCRA 349 (1985))
or misleading firm name
Law partnership among lawyers for the A partner who accepts public office
general practice of law is common. should withdraw from the firm;
Such partnership is a mere association exception
of lawyers for such purpose and is a Rule 3.03. Where a partner accepts
non-legal entity. public office, he shall withdraw from the
firm and his name shall be dropped
ralc2011 50
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
from the firm name unless the law national organization of the legal
allows him to practice law concurrently. profession based on the recognition of
The purpose of the rule is to prevent the lawyer as an officer of the court.
the law firm from using his name to Integration fosters cohesion among
attract legal business and to avoid lawyers and ensures the promotion of
suspicion of undue influence. the objectives of the legal profession
pursuant to the principle of maximum
A lawyer shall not seek media bar autonomy with minimum
publicity supervision by the Supreme Court.
Rule 3.04. A lawyer shall not pay or
give anything of value to Power to integrate the bar
representatives of the mass media in The Constitution vests upon the
anticipation of, or in return for, publicity Supreme Court the power to integrate
to attract legal business. the Philippine bar.
Media publicity, as a normal by-product Such power is an inherent part of the
of efficient legal service, is not Court’s constitutional authority over the
improper. bar.
What is improper is for a lawyer to ―Supreme Court may adopt rules of
resort to propaganda to secure media court to effect the integration of the
publicity for the purpose of attracting Philippine Bar.‖ (RA 6397 AN ACT
legal business. PROVIDING FOR THE INTEGRATION OF
The purpose of the rule is to prevent THE PHILIPPINE BAR)
some lawyers from gaining unfair However, RA 6397 neither confers a
advantage over others through the use new power nor restricts the Court’s
of gimmickry. inherent power but is a mere legislative
o Procuring his photograph to be declaration that the integration will
published in connection with promote public interest or will raise the
cases he is handling.
standard of the legal profession.
o Making a courtroom scene to January 16, 1973, Supreme Court
attract the attention of
ordained the integration of the
newspapermen.
Philippine Bar.
o Arranging for the purpose an
Presidential Decree 181
interview with him by media
(CONSTITUTING THE INTEGRATED BAR
people.
OF THE PHILIPPINES INTO A BODY
CORPORATE AND PROVIDING
E. THE INTEGRATED BAR OF
GOVERNMENT ASSISTANCE THERETO
THE PHILIPPINES
FOR THE ACCOMPLISHMENT OF ITS
PURPOSES) constituted the Integrated
Integration of the bar
Bar into a corporate body.
The official unification of the entire
lawyer population.
Constitutionality of integration
Requires membership and financial
Constitutionality hinges on the effects
support of every attorney as a condition
of bar integration on the lawyer’s
sine qua non to the practice of law.
constitutional rights of freedom of
Bar integration signifies the setting up
association and freedom of speech and
by the government authority of a
ralc2011 51
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
on the nature of the dues exacted from as an exercise of the police
him. power of the State.
In upholding the constitutionality of The inherent power of the
integration, the Supreme Court quoted Supreme Court to regulate
approvingly the report of the the bar includes the
Commission on Bar Integration on the authority to integrate the
matter as follows: bar.
o Freedom of Association – ―To o Regulatory fee – For the Court to
compel a lawyer to be a member prescribe dues does not mean
of an integrated bar is not that the Court levies a tax.
violative of his constitutional A membership fee is an
freedom to associate (or the exaction for regulation,
corollary right not to associate).‖ while the purpose of a tax
―Integration does not is revenue.
make a lawyer a member An integrated bar program
of any group of which he is would not be possible to
not already a member. He push through without
became a member of the means to defray the
bar when he passed the bar concomitant expenses.
exams. All that integration The public interest
does is to provide an promoted by integration far
official national outweighs the
organization for the well- inconsequential
defined but unorganized inconvenience to a member
and incohesive group of that might result from his
which every lawyer is required payment of annual
already a member.‖ dues.
―Bar integration does not o Freedom of Speech – ―A lawyer
compel the lawyer to is free, as he has always been, to
associate with anyone. He voice his views on any subject in
is free to attend or not any manner he wishes, even
attend the meetings.‖ though such views be opposed to
―The compulsion to which positions taken by the unified
he is subjected is the bar.‖
payment of annual dues.‖ ―For the Integrated Bar to
The issue, therefore, is a use a member’s dues to
question of compelled promote measures to which
financial support of group said member is opposed,
activities, not involuntary would not nullify or
membership in any other adversely affect his
aspect. freedom of speech.‖
Assuming that bar ―Since a State may
integration does compel a constitutionally condition
lawyer to be a member, the right to practice law
such compulsion is justified upon membership, it is
difficult to understand why
ralc2011 52
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
it should become 2. Foster and maintain, on the
unconstitutional for the bar part of its members, high
to use the member’s dues ideals of integrity, learning,
to fulfill the very purposes professional competence,
for which it was public service and conduct;
established.‖ 3. Safeguard the professional
o Fair to all lawyers – ―Bar interests of its members;
integration is not unfair to 4. Cultivate among its
lawyers already practicing members a spirit of
because although the cordiality and brotherhood;
requirement to pay dues is a new 5. Provide a forum for the
regulation. It will give the discussion of law,
member a new system which jurisprudence, law reform,
they hitherto have not had, and pleading, practice and
through which, by proper work, procedure, and the
they will receive benefits they relations of the Bar to the
have not hereto enjoyed. Bench and to the public,
Because it will apply equally to all and publish information
lawyers. Because it is a new relating thereto;
regulation in exchange for new 6. Encourage and foster legal
benefits, it is not retroactive, education; and
unequal, or unfair.‖ 7. Promote a continuing
program of legal research
Purposes and objectives of in substantive and
the Integrated Bar adjective law, and make
By-laws Integrated Bar Philippines reports and
Sec. 2. Objectives and purposes. - The recommendations thereon.
following are the general objectives of
the Integrated bar: The purposes of an integrated Bar, in
o to elevate the standards of the general, are:
legal profession, 1. Assist in the administration of
o to improve the administration of justice;
justice; and
2. Foster and maintain on the part
o to enable the Bar to discharge its of its members high ideals of
public responsibilities more
integrity, learning, professional
effectively.
competence, public service and
o The purposes of the Integrated
conduct;
Bar include, without being limited
3. Safeguard the professional
to, those specified in the per
interests of its members;
curiam Resolution of the Supreme
4. Cultivate among its members a
Court dated January 9, 1973
spirit of cordiality and
ordaining the integration of the
brotherhood;
Philippine Bar, to wit:
5. Provide a forum for the discussion
1. Assist in the administration
of law, jurisprudence, law reform,
of justice;
pleading, practice and procedure,
and the relations of the Bar to the
ralc2011 53
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Bench and to the public, and the country so that the poor may not
publish information relating lack competent legal service;
thereto; 9. Distribute educational and
6. Encourage and foster legal informational materials that are
education; difficult to obtain in many of our
7. Promote a continuing program of provinces;
legal research in substantive and 10. Devise and maintain a
adjective law, and make reports program of continuing legal
and recommendations thereon; education for practising attorneys in
and order to elevate the standards of the
8. Enable the Bar to discharge its profession throughout the country;
public responsibility effectively. 11. Enforce rigid ethical
standards, and promulgate minimum
Integration of the Bar will, among other fees schedules;
things, make it possible for the legal 12. Create law centers and
profession to: establish law libraries for legal
1. Render more effective assistance in research;
maintaining the Rule of Law; 13. Conduct campaigns to
2. Protect lawyers and litigants against educate the people on their legal
the abuse of tyrannical judges and rights and obligations, on the
prosecuting officers; importance of preventive legal
3. Discharge, fully and properly, its advice, and on the functions and
responsibility in the disciplining duties of the Filipino lawyer; and
and/or removal of incompetent and 14. Generate and maintain
unworthy judges and prosecuting pervasive and meaningful country-
officers; wide involvement of the lawyer
4. Shield the judiciary, which population in the solution of the
traditionally cannot defend itself multifarious problems that afflict the
except within its own forum, from nation. (In re Integration of the
the assaults that politics and self- Bar of the Philippines)
interest may level at it, and assist it
to maintain its integrity, impartiality Non-political bar
and independence; By-laws Integrated Bar Philippines
5. Have an effective voice in the Sec. 4. Non-political bar. - The
selection of judges and prosecuting Integrated Bar is strictly non-political,
officers; and every activity tending to impair this
6. Prevent the unauthorized practice of basic feature is strictly prohibited and
law, and break up any monopoly of shall be penalized accordingly. No
local practice maintained through lawyer holding an elective, judicial,
influence or position; quasi-judicial, or prosecutory office in
7. Establish welfare funds for families the Government or any political
of disabled and deceased lawyers; subdivision or instrumentality thereof
8. Provide placement services, and shall be eligible for election or
establish legal aid offices and set up appointment to any position in the
lawyer reference services throughout Integrated Bar or any Chapter thereof.
A Delegate, Governor, officer or
ralc2011 54
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
employee of the Integrated Bar, or an practice of law shall, not later
officer or employee of any Chapter than December 31, 1974, register
therof shall be considered ipso facto in the Integrated Bar as
resigned from his position as of the hereunder required, at the
moment he files his certificate of national office or at the office of
candidacy for any elective public office his Chapter.
or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in Every person admitted to the
the Government or any political practice of law after these by-
subdivision or instrumentality thereof. laws become effective shall
register in like manner not later
The election of IBP officers is required than sixty days after such
to be conducted on a non-political admission.
basis. Partisan politics may thus
invalidate the elections. Registration shall be
Partisan political activities of candidates accomplished by signing and
for IBP positions, such as setting up filing in duplicate the prescribed
campaign headquarters, island-hopping registration form containing such
to solicit votes of chapter presidents, information as may be required
made a political circus of the by the Board of Governors,
proceedings and tainted the whole including the following:
election process. The candidates a. Full name, sex and civil
violated the IBP by-laws and of the status;
ethics of the legal profession. b. Month, date, year and
place of birth;
Membership, resignation, retirement, c. Office address(es);
and reinstatement d. Residence address(es);
By-laws Integrated Bar Philippines e. Occupation(s) or
o Sec. 18. Membership. - The employment;
following persons are, f. Name of law school and
automatically and without year of graduation;
exception members of the g. Year of admission to the
Integrated Bar of the Philippines: Bar; and
a. All lawyers whose names h. Field(s) of specialization in
were in the Roll of law, if any.
Attorneys of the Supreme
Court as of January 16, It shall be the duty of the Secretary
1973; and of every Chapter to promptly
b. All lawyers whose names were forward a copy of each accomplished
included or are entered therein after registration form to the national
the said date. office.
o Sec. 19. Registration. - Unless
he has already previously o Sec. 20. Members in good
registered, every member standing. - Every member who
heretofore admitted to the has paid all membership dues
and all authorized special
ralc2011 55
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
assessments, plus surcharges
owing thereon, and who is not
under suspension from the Membership dues and effect of
practice of law or from nonpayment thereof
membership privileges, is a Sec. 23. Membership dues. - On or
member in good standing. before the 31st day of December, every
member of the Integrated Bar shall pay
o Sec. 21. Voluntary termination of annual dues for the ensuing fiscal year
membership; reinstatement. - A in the amount of FIVE HUNDRED PESOS
member may terminate his at the National Office or at the office of
membership by filing a verified his Chapter, to take effect on January
notice to that effect with the 1, 1995.
Secretary of the Integrated Bar,
who shall immediately bring the Subject to approval by the Supreme
matter to the attention of the
Court, the Board of Governors may
Supreme Court. Forthwith, he
increase the annual membership dues,
shall cease to be a member and
or modify the apportionment thereof.
his name shall be stricken from
the Roll of Attorneys.
All lawyers shall indicate in all
pleadings, motions and papers
Reinstatement may be made in
signed and filed by them in any
accordance with rules and
court in the Philippines - and in the
regulations prescribed by the
case of government lawyers, in all
Board of Governors and approved
official documents issued by them -
by the Court.
the number and date of their official
receipt indicating payment of their
o Sec. 22. Retirement;
annual membership dues to the
reinstatement. - Any member in Integrated Bar of the Philippines for
good standing who shall have the current year, or in the case of
attained the age of seventy-five life members, their life membership
years, or who shall have been roll number. (As amended pursuant
forty years as lawyer shall, by to Bar Matter No. 668).
reason of physical disability or
judicially adjudged mental Sec. 24. Effect of non-payment of
incapacity, be unable to engage dues. - Except for the fiscal year
in the practice of Law, may be 1974- 1975, any member who has
retired from the Integrated Bar not paid his membership dues for
upon verified petition to the any given fiscal year on or before
Board of Governors. Retired the last day (June 30) of the
members shall not practice law or immediately preceding fiscal year
be required to pay dues. shall be considered as dues-
delinquent members. For the fiscal
A retired member may be
year 1974-1975 any member who
reinstated to active membership
has not paid the annual dues on or
upon written application to and
before November 30, 1974 shall be
approval by the Board.
considered a dues-delinquent. If the
ralc2011 56
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
delinquency continues until the respective members, but each Chapter
following December 31, the Board of shall have at least one Delegate.
Governors shall by Resolution At the local level are the Chapter
forthwith suspend all his officials.
membership privileges other than Sec. 26. Chapters. - A Chapter of the
the practice of law. Integrated Bar shall be organized in
every province existing on the date of
Sec. 25. Remission or lifting of the effectivity of the Integration Rule.
sanctions. - The Board of Governors Except as hereinbelow provided, every
may, for justifiable reasons, remit or city shall be considered part of the
lift sanctions already imposed and province within which it was
authorize the retroactive geographically situated prior to its
reinstatement of the member creation as a city.
concerned. However, sanctions
imposed or approved by the National officers
Supreme Court may be remitted or Sec. 50. Duties of officers. - (a)
lifted only by the Court. President: The President shall be
the chief executive of the Integrated
Organizational Setup Bar, and shall preside at all meetings
Sec. 47. National Officers. - The of the Board of Governors.
Integrated Bar of the Philippines shall (b) Executive Vice President: The
have a President and Executive Vice Executive Vice President shall
President to be chosen by the Board of exercise the powers and perform the
Governors from among nine (9) functions and duties of the President
regional governors, as much as during the absence or inability of the
practicable, on a rotation basis. The latter to act, and shall perform such
governors shall be ex officio Vice other functions and duties as are
President for their respective regions. assigned to him by the President and
There shall also be a Secretary and the Board of Governors.
Treasurer of the Board of Governors to (c) Governors: In addition to his
be appointed by the President with the duties as a member of the Board of
consent of the Board. (As amended Governors, each elective Governor
pursuant to Bar Matter 491). shall act as representative of his
The deliberative body is the House of Region in the Board. He shall
Delegates. promote, coordinate and correlate
Sec. 30. Composition of the House. activities of the Chapters within his
- The Integrated Bar shall have a House Region.
of Delegates composed of not more (d) Secretary: The Secretary shall
than one hundred and twenty members attend all meetings of the Board of
apportioned among all the Chapters. Governors, and keep a record of all
On or before December 31, 1974, and the proceedings thereof; prepare
every two years thereafter, the Board and maintain a register of all
of Governors shall make a members of the Integrated Bar;
reappointment of Delegates among all notify national officers as well as
the Chapters as nearly as may be members of national committees of
according to the number of their their election or appointments;
ralc2011 57
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
cause to be prepared the necessary activities of the Integrated Bar. It shall
official ballots for the election of have authority, inter alia, to:
Governors; and perform such other a. Fix the date, time and place of every
duties as are assigned to him by convention of the House of Delegates;
these By-Laws, by the President and b. Make appropriations and authorize
by the Board of Governors. disbursements from the funds of the
(e) Treasurer: The Treasurer shall Integrated Bar;
collect, receive, recorder and c. Engage the services of employees,
disburse ad funds of the Integrated define their duties and fix their
Bar; compensation;
Sec. 49. Terms of office. - The d. Receive, consider and act on reports
President and the Executive Vice and recommendations submitted by the
President shall hold office for a term House of Delegates or its committees;
of two years from July 1 following e. Provide for the publication of the
their election until June 30 of their Journal of the Integrated Bar;
second year in office and until their f. Administer the Welfare Fund;
successors shall have been duly g. Fill vacancies, however arising in the
chosen and qualified. positions of officers of the Integrated
Bar;
Board of Governors h. Subject to the approval of the Supreme
Sec. 39. Nomination and election of Court, promulgate Canons of
the Governors. - At least one (1) month Professional Responsibility for all
before the national convention the members of the Integrated Bar;
delegates from each region shall elect i. Promulgate rules and regulations for
the governor for their region, the choice the establishment and maintenance of
of which shall as much as possible be lawyer referral services throughout the
rotated among the chapters in the Philippines;
region. j. Subject to the approval of the Supreme
The Integrated bar is governed by a Court, impose special assessments for
Board of Governors consisting 9 specific national purposes, and impose,
Governors from the 9 regions. or recommend sanctions for non-
The President and the Executive Vice payment or delinquency in the payment
President, if chosen by the Governors thereof;
from outside themselves, shall ipso k. Prescribe such rules and regulations as
facto become members of the board. may be necessary and proper to carry
Sec. 38. Term of office. - The out the objectives and purposes of the
Governors shall hold office for a term of Integrated Bar; and
two years from July 1 immediately l. Perform such other functions as may be
following their election to June 30 of necessary or expedient in the interest
their second year in office and until of the Integrated Bar.
their successors shall have been duly
chosen and qualified.
Sec. 41. Functions of the Board. - In the discharge of its duties, the Board
The Board of Governors shall have of Governors is assisted by national
general charge of the affairs and committees.
o Committee on Chapter Affairs.
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Agpalo
o Committee on Legal Aid. Delegate. Additional Delegates and
o Committee on Administration of alternates shall in proper cases be
Justice. elected by the Board of Officers of the
o Committee on Legal Education Chapter. Members of the Board of
and Bar Admissions.
Governors who are not Delegates shall
o Committee on Professional be members ex oficio of the House,
Responsibility, Discipline and
without the right to vote.
Disbarment.
Sec. 34. Special convention. -
o Committee on Research Services.
Special conventions of the House may
o Committee on Legislation.
be called by the Board of Governors
o Committee on Public Services.
motu proprio, or upon written petition
o Committee on Inter-Professional
therefor filed with the Secretary of the
and Business Relations.
Integrated Bar signed by not less than
o Committee on Books
thirty Delegates.
and Publications.
Sec. 33. (b) The President and
o Committee on Unauthorized
Executive Vice President of the IBP shall
Practice of Law.
be the Chairman and Vice-Chairman,
o Committee on Law Reporting.
respectively, of the House of Delegates.
o Budget committee.
The Secretary, Treasurer, and
Sergeant-at-Arms shall be appointed by
House of Delegates
the President with the consent of the
The deliberative body of the IBP is the
House of Delegates.
House of delegates.
Sec. 30. Composition of the House.
Chapter Government
- The Integrated Bar shall have a House
The fundamental objective of the
of Delegates composed of not more
Chapter is to administer the affairs of
than one hundred and twenty members
the IBP within its territorial jurisdiction
apportioned among all the Chapters.
under the general direction and
On or before December 31, 1974, and
supervision of the Board of Governors.
every two years thereafter, the Board
Sec. 2. Objectives and purposes. -
of Governors shall make a
The following are the general objectives
reappointment of Delegates among all
of the Integrated bar:
the Chapters as nearly as may be
o to elevate the standards of the
according to the number of their
legal profession,
respective members, but each Chapter
o to improve the administration of
shall have at least one Delegate.
justice; and
Sec. 31. Membership. - The
o to enable the Bar to discharge its
membership of the House of Delegates
public responsibilities more
shall consist of all the Chapter
effectively.
Presidents and in the case of Chapters
Each chapter has its own government.
entitled to more than one Delegate
The chapter government is vested in a
each, the Vice Presidents of the
Board of Officers composed of a
Chapters and such additional Delegates
President, a Vice-President, a
as the Chapters are entitled to. Unless
Secretary, a Treasurer, and five
the Vice President is already a
Directors who shall be elected at the
Delegate, he shall be an alternate
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
biennial meeting and shall hold office
for a term of 2 years.
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Agpalo
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book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
courts by an artifice or false statement lawyers to reproduce or copy the same
of fact or law. word for word and punctuation mark by
The oat embodies the fundamental punctuation mark.
duties of a lawyer, which he must honor Only from the Supreme Court’s rulings
as there would be a great detriment to, do all other courts, as well as lawyers
if not a failure of, the administration of and litigants, take their bearing.
justice if courts could not rely on the New Civil Code, Article 8. Judicial
representations of the lawyers in the decisions applying or interpreting the
handling of their cases. laws or the Constitution shall form a part
A lawyer should not conceal the truth of the legal system of the Philippines.
from the court, nor mislead the court in Thus, ever present is the danger that if
any manner no matter how demanding not faithfully and exactly quoted, the
his duties to his client may be. decisions and rulings of the Supreme
No client is entitled to receive from the Court may lose their proper and correct
lawyer any service involving dishonesty meaning, to the detriment of other
to the courts. courts, lawyers, and the public who
A lawyers should neither endeavor by may be misled.
dishonest means to mislead the court or If inferior courts and members of the
the adverse party nor make false bar meticulously check and recheck
allegations in a pleading. their citations of authorities, appellate
It is improper for counsel of the courts will be precluded from acting on
accused to ask him to plead guilty to an misinformation and save precious time
offense which counsel knows his client in finding out whether the citations are
did not commit. correct.
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Based on the
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Agpalo
Canon 12. A lawyer shall exert every effort and
consider it his duty to assist in the speedy and efficient
administration of justice.
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LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Rule 12.02. A lawyer shall not file multiple
actions arising from the same cause.
A lawyer should come to court
Rule 12.03. A lawyer shall not, after obtaining adequately prepared
extensions of time to file pleadings, Rule 12.01. A lawyer shall not appear for trial
memoranda or briefs, let the period lapse unless he has adequately prepared himself on the
without submitting to the same or offering an law and the facts of his case, the evidence he will
explanation for his failure to do so. adduce and the order of its preference. He should
also be ready with the original documents for
Rule 12.04. A lawyer shall not unduly delay a comparison with the copies.
case, impede the execution of a judgment or Rule 18.02 - A lawyer shall not handle
misuse court processes.
any legal matter without adequate
Rule 12.05 A lawyer shall refrain from talking preparation.
to his witness during the break or recess in the Canon 18 - A lawyer shall serve his
trial, while the witness is still under client with competence and diligence.
examination. Without adequate preparation, the lawyer may not
be able to effectively assist the court in the
Rule 12.06 A lawyer shall not knowingly assist efficient administration of justice. Nonobservance
a witness to misrepresent himself or to of this rule might result in:
impersonate another. 1. The postponement of the pre-trial or
hearing, which would thus entail delay in
Rule 12.07 A lawyer shall not abuse, browbeat the early disposition of the case,
or harass a witness nor needlessly 2. The judge may consider the client
inconvenience him. nonsuited or in default or
3. The judge may consider the case deemed
Rule 12.08 - A lawyer shall avoid testifying in submitted for decision without client’s
behalf of his client, except: evidence, to his prejudice.
(a) on formal matters, such as the mailing, A lawyer shall not file multiple actions
authentication or custody of an instrument, Litigation must end and terminate
and the like; or sometime and somewhere.
(b) on substantial matters, in cases where his
Once a judgment has become final, the
testimony is essential to the ends of justice, in winning party be not deprived of that
which event he must, during his testimony, verdict.
entrust the trial of the case to another counsel.
For this reason, a lawyer should not file
several actions arising from the same
Duty to assist in the administration cause or seeking substantially identical
of justice, generally reliefs as those that had already been
Being an officer of the court, he is an finally disposed of.
instrument to advance its ends – the A lawyer violates his oath when he
speedy, efficient, impartial, correct, and prostitutes judicial process to secure for
inexpensive adjudication of cases and his client what is not justly and validly
the prompt satisfaction of final due him such as improper steps taken
judgments. as a means of draining the resources of
Canon 12. A lawyer shall exert every effort and the proper party.
consider it his duty to assist in the speedy and
efficient administration of justice.
He is first and foremost an officer of the A lawyer shall not resort to forum
court. His duties to the court are more shopping
significant than those which he owes to Rule 12.02. A lawyer shall not file multiple actions
arising from the same cause.
his client.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
He is prohibited from filing a petition Duty to disclose pending case
with the Court of Appeals or the Every party filing an initiatory pleading
Regional Trial Court where a similar is required to swear under oath that he
petition has been filed or pending with has not and will not commit forum
the Supreme Court, and vice versa. shopping.
Section 5, Rule 7 of the Rules of This requires disclosure of any pending
Court: case at the time the initiatory pleading
The plaintiff or principal party shall certify under
oath in the complaining or other initiatory pleading is filed.
asserting a claim for relief, or in a sworn The fact that the initiatory pleading is
certification annexed thereto and simultaneously not based on the same cause of action
filed therewith:
as the pending case is not a valid
a) that he has not theretofore commenced any excuse for non-compliance with the
action or filed any claim involving the same issues disclosure requirement.
in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action
or claim is pending therein; Verification must be signed by the
party, not his counsel; exception
b) if there is such other pending action or claim, a The certification against forum shopping
complete statement of the present status thereof;
must be signed by the party himself as
and
he has personal knowledge of the facts
c) if he should thereafter learn that the same or therein stated. It should not be
similar action or claim has been filed or is pending, executed by his counsel.
he shall report that fact within 5 days therefrom to
the court wherein his aforesaid complaint or
Exceptions:
initiatory pleading has been filed. o Where there are two or more
parties, all of them must sign the
Failure to comply with the foregoing requirements
verification and non-forum
shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall certification, unless the one who
cause for the dismissal of the case without signs, has been authorized to
prejudice, unless otherwise provided, upon motion execute the same on behalf of the
after hearing. The submission of false certification
or non-compliance with any of the undertaking
petitioner.
therein shall constitute indirect contempt of court, o Where the joint parties are
without prejudice to the corresponding husband and wife involving their
administrative and criminal actions. If the acts of property, only the husband may
the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be
sign the verification.
ground for summary dismissal with prejudice and o If the party is a juridical person
shall constitute direct contempt, as well as a cause (corporation, partnership), the
for administrative sanctions.
certification must be executed by
Forum shopping is the improper a corporate officer or agent duly
practice of going from one court to authorized by its board of
another in the hope of securing a directors.
o A non-forum certification
favorable relief in one court which
another court has denied or the filing of executed by counsel of the party
repetitious suits or proceedings in is fatally defective, unless the
different courts concerning substantially counsel certifies in the
the same subject matter. certification that he has personal
knowledge of the facts therein
stated and gives justifiable
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LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
reason why the party himself offended party recover damages twice for the
cannot sign. same act or omission charged in the criminal
The reason is that only the party action.
himself has actual knowledge of Sanctions for violation
whether or not he has initiated similar Failure to file the certification against forum
actions in different courts or agencies. shopping is fatal to the complaint or petition.
Subsequent filing of the certification does not cure
the fatal defect.
Test to determine forum shopping Rules of Court, Rule 7, Section 5, paragraph 2:
The test in determining is whether the Failure to comply with the foregoing requirement
elements of litis pendentia (a pending shall not be curable by mere amendment of the
complaint or other initiatory pleading, but shall be
suit) are present or whether final cause for the dismissal of the case without
judgment in one case will amount to prejudice, unless otherwise provided, upon motion
res judicata in the other. and after hearing. The submission of a false
certification or non-compliance with any of the
Res judicata – a doctrine which
undertakings therein shall constitute indirect
precludes parties from re-litigating contempt of court, without prejudice to the
issues actually litigated and determined corresponding administrative and criminal actions.
by a prior and final judgment. It requires: If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping,
o That there be a decision on the
the same shall be ground for dismissal with
merits; prejudice and shall constitute direct contempt, as
o By a court of competent jurisdiction; well as cause for administrative sanctions.
o The decision is final;
o And the two actions involved identical Lawyer to temper client’s propensity to litigate
parties, subject matter, and causes of It is the duty of the lawyer to resist the
action.
If any one of these elements is absent, there is no whims and caprices of his client and to
forum shopping. temper the client’s inclination to
There is forum shopping where there are identity litigate.
of parties or interest, rights asserted, and reliefs
sought in different tribunals.
Rules of Court, Rule 7, Section 3,
EXCEPTION: paragraph 2: The signature of counsel
The filing of a civil case in court does not constitutes a certificate by him that he
preclude the filing of a criminal action arising has read the pleading; that to the best
from the same set of facts on which the civil
action is based, as the law allows it. There is of his knowledge, information, and
no forum-shopping in such instances. belief, there is good ground to support
it; and that it is not interposed for
Rules of Court, Rule 111, Section 1: Institution
of criminal and civil actions (a) When a
delay.
criminal action is instituted, the civil action for This rule imposes upon a lawyer the
the recovery of civil liability arising from the affirmative duty to check useless
offense charged shall be deemed instituted litigations, willful violation of which may
with the criminal action unless the offended
party waives the civil action, reserves the right subject him to disciplinary action, or
to institute it separately, or institutes the civil render him liable for costs of litigation.
action prior to the civil action. A litigant may seek his legal assistance
for reasons other than to vindicate a
Section 3: When civil action may proceed
independently. – In the cases provided in legal wrong or other than to prosecute
Articles 32, 33, 34, and 2176 of the Civil Code a valid cause.
of the Philippines, the independent civil action The purpose may either be:
may be brought by the offended party. It shall
o To harass a party or injure the
proceed independently of the criminal action
and shall require only a preponderance of opposite party or work oppression
evidence. In no case, however, may the or wrong.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
o To pre-empt the initiative of an alive and its decision is binding upon
honest claimant by filing the suit the heirs of the deceased client.
to delay the payment of a just Similarly, it is his duty to inform the
claim.
court of any change of his address.
o To drain the resources of the
Although his failure to do so will not
poorer party by way of
prevent any notice sent to his address
compelling him to submit out of
of record to be effective, his conduct
sheer exhaustion.
may delay the disposition of the case
While a client may withhold facts from
and prejudice the interest of his client.
his counsel or give him false
information to attain unlawful ends, a
A lawyer shall not delay or impede the
lawyer can easily see through the
execution of judgment
client’s action. When that purpose
Rule 12.04. A lawyer shall not unduly delay a
becomes evident, the lawyer should not case, impede the execution of a judgment or
allow himself to be a party to its misuse court processes.
realization or even withdraw from the The law makes it the lawyer’s duty to
case. delay no man for money or malice.
Rules of Court, Rule 7, Section 3,
A lawyer shall file his pleadings within paragraph 2: The signature of counsel
the period constitutes a certificate by him that he
Rule 12.03. A lawyer shall not, after obtaining has read the pleading; that to the best
extensions of time to file pleadings, memoranda or
of his knowledge, information, and
briefs, let the period lapse without submitting to
the same or offering an explanation for his failure belief, there is good ground to support
to do so. it; and that it is not interposed for
Pressure of work or the need for more delay.
time to finish the job often constrains a For where a lawyer insisted on the
lawyer to ask the court for an extension client’s patently unmeritorious case or
of time to file a pleading, interposed an appeal merely to delay
memorandum, or brief. The lawyer’s litigation or thwart the prompt
failure to make an explanation satisfaction of the prevailing party’s just
constitutes discourtesy to the court. and valid claim, the court may adjudge
Where a lawyer’s motion for extension of time to the lawyer liable to pay treble costs.
file a pleading, memorandum or brief has remained
unacted by the court, the least that is expected of
Procedural rules are precisely designed
him is to file it within the period asked for. to accomplish the purpose of rendering
justice to the parties to a lawsuits free
Duty to inform client’s death and change from the ―law’s delays.‖
of counsel’s address
Rules of Court, Rule 3, Section 16: Death of A lawyer should use those rules for the
party; duty of counsel: Whenever a party to a purpose and not for its frustration.
pending action dies, and the claim is not thereby Litigation is not a game of technicalities
distinguished, it shall be the duty of his counsel to
in which one, more deeply schooled and
inform the court within thirty (30) days after such
death of the fact thereof, and to give the name skilled in the subtle art of movement
and address of his legal representative or and position, entraps and destroys the
representatives. Failure of counsel to comply with other. It is rather a contest in which
this duty shall be a ground for disciplinary action.
each contending party fully and fairly
If no such notice is made, the court will
lays before the court the facts in issue
proceed to conclusion as if the party is
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
and then asks that justice be done upon Rule 12.06 A lawyer shall not knowingly assist a
the merits. witness to misrepresent himself or to impersonate
A lawyer should not hide behind a maze another.
of technicalities to delay if not defect While he may interview witnesses in
the recovery of what is justly due and advance of trial or attend to their needs
demandable. if they have no adequate means of
defraying their own expenses, the
Lawyer to discourage appellate review lawyer should avoid any such action as
If a lawyer is honestly convinced of the may be misinterpreted as an attempt to
futility of an appeal in a civil suit, he influence the witness as to what to say
should not hesitate to inform his in court.
disappointed client that most likely the A lawyer who presents a witness whom
verdict would not be altered. he knows will give a false testimony
He should advise his client to accept the may be subjected to disciplinary action.
judgment of the trial court and thus
accord respect to the just claim of the Lawyers shall not harass a witness
Rule 12.07 A lawyer shall not abuse, browbeat or
opposite party.
harass a witness nor needlessly inconvenience
He should temper his client’s desire to him.
seek appellate review of such decision. Duty to always treat adverse witnesses
Unless he could sufficient cause for with fairness and due consideration.
reversal, he would only succeed in Rules of Court, Rule 138, Section 20:
planting false hopes in his client’s mind,
increase the burden on appellate (f) To abstain from all offensive
tribunals, prolong litigation personality and to advance no fact
unnecessarily, and expose his client to prejudicial to the honor or reputation of
useless expenses of suit. a party or witness, unless required by
It has also been held that the failure of the justice of the cause with which he is
counsel to file an appeal is negligent in charged;
the performance of his duties to his
client. If the lawyer does not hear from A lawyer shall avoid testifying for a
the client, he should perfect an appeal client
within the period. Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
A lawyer shall not talk to a witness
during recess (a) on formal matters, such as the mailing,
Rule 12.05 A lawyer shall refrain from talking to
authentication or custody of an instrument,
his witness during the break or recess in the trial,
while the witness is still under examination. and the like; or
The purpose of the rule is to avoid any
(b) on substantial matters, in cases where his
suspicion that he is coaching the testimony is essential to the ends of justice, in
witness of what to say during the which event he must, during his testimony,
resumption of the examination. entrust the trial of the case to another counsel.
A lawyer shall not assist a witness to The rule prohibits the practice of the
misrepresent lawyer taking the witness stand and
asking questions to him and answering
them as a witness.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
While the law does not disqualify a
lawyer from being a witness and an
advocate at the same time in a case, A lawyer should rely on the merits of
the practice is violative of the rule on his case
professional conduct. CANON 13 - A lawyer shall rely upon the merits of
It would also be improper for a lawyer his cause and refrain from any impropriety which
to accept employment in a case where tends to influence, or gives the appearance of
it would be his duty to attack the influencing the court.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Criticism of pending and concluded A lawyer is expected to consider it his
lititation duty to expose the shortcomings and
The right of a lawyer to comment on a indiscretions of courts and judges.
pending litigation or to impugn the In the prosecution of appeals, for
impartiality of a judge to decide it is example, he points out the errors of
much circumscribed. lower courts.
What he can ordinarily say against a In articles written for law journals, he
concluded litigation the manner the dissects with detachment the doctrinal
judge handed down the decision therein pronouncement of courts and fearlessly
may not be generally said to a pending lays bare for all to see the flaws and
action. inconsistencies of the doctrines.
The court, in a pending litigation, must
be shielded from embarrassment or A lawyer shall not invite judicial
influence in its duty of deciding the interference
case. Rule 13.03 - A lawyer shall not brook or invite
On the other hand, once a litigation is interference by another branch or agency of the
concluded, the judge is subject to the government in the normal course of judicial
proceedings.
same criticism as any other public
It endangers the independence of the
official. A lawyer enjoys wider latitude
judiciary.
of comment or criticism.
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book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
CHAPTER 6: NATURE AND CREATION OF The lawyer is also as independent as a judge,
ATTORNEY-CLIENT RELATIONSHIP
with powers entirely different from and
superior to those of an ordinary agent.
CANON 14. A lawyer shall not refuse his services
Moreover, he is an officer of the court.
to the needy.
The relation of attorney and client is strictly
personal and highly confidential.
Rule 14.01. A lawyer shall not decline to
Its creation breathes life to the rules and
represent a person solely on account of
ethics of the legal profession and requires of
the latter’s race, sex, creed or status of
an attorney who accepts a retainer a high
life, or because of his own opinion
standard of conduct and an appreciation of
regarding the guilt of said person.
his duties to his client, to the court, to the
bar, and to the public.
Rule 14.02. A lawyer shall not decline,
except for serious and sufficient cause, an Relation as strictly personal
appointment as counsel de oficio or as The relationship involves mutual trust and
amici curiae, or a request from the confidence to the highest degree.
Integrated Bar of the Philippines or any of The personal character of the relation
its chapters for rendition of free legal aid. prohibits its delegation in favor of another
attorney without the client’s consent.
Rule 14.03. A lawyer may refuse to What may not be delegated: The relationship
accept representation of an indigent client itself.
if: It also terminates upon the death of either
the client or the attorney.
a. He is not in a position to carry The deceased attorney’s personal
out the work effectively or representative has no right to assign pending
competently; cases to a counsel of his choice. Such matter
is for the client to decide.
b. He labors under a conflict of A client can terminate the relationship at any
interests between him and the time with or without cause.
prospective client or between a An attorney, however, being an officer of the
present client and the prospective court, enjoys no similar right. He may be
client. permitted to withdraw from the case only with
the consent of the client or that of the court.
Rule 14.04. A lawyer who accepts the Only a proper sense of detachment will
cause of a person unable to pay his enable the attorney to adequately serve the
professional fees shall observe the same interest of his client.
standard of conduct governing his The personal relation does not require an
relations with paying clients. attorney to adopt as his own, the troubles of
his client for he is likely to lose his composure
and equanimity.
A. NATURE OF RELATION
It is advisable for a lawyer who is a party
litigant not to appear for himself or for a close
Nature of client relationship, generally
relative.
Historically, the nature of lawyer-client
His personal involvement may blur his sense
relationship is premised on the Roman Law
of duty and purpose and affect his
concepts of location conduction operarum
performance, to his or the client’s detriment.
(contract of lease of services) and mandato
In that situation, he should ask another
(contract of agency)
lawyer who can act with more detachment
In modern day, an attorney is more than a
and less emotional involvement to undertake
mere agent or servant because he possesses
the active prosecution or defense of the case.
special powers of trust and confidence
reposed on him by his client. Relation as fiduciary and confidential
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
The relation is highly fiduciary in nature and The term “retainer” may refer to either of 2
of a very delicate, exacting, and confidential concepts:
character. 1. The act of the client engaging the
It demands undivided allegiance, a high services of an attorney to render legal
degree of good faith, disinterestedness, advice or defend or prosecute his
candor, fairness, loyalty, fidelity, and absolute cause in court.
integrity in all his dealings with his clients and a. General Retainer – its purpose
utter renunciation of every personal is to secure beforehand, the
advantage conflicting with the interest of his services of an attorney for any
client. legal problem that may
His responsibilities to his client should, afterward arise.
however, be reconciled with his duties to the b. Special Retainer – has
court. Each of them requires fidelity and reference to a particular case or
loyalty in varying degrees within limits. service only.
Deviation from such limits may invite the 2. The retaining fee which a client pays
exercise of disciplinary power by the court. to an attorney when the latter is
retained.
Rules protective of relation
o It is a preliminary fee paid to
The preservation and protection of that insure and secure his future
relation will encourage a client to entrust his services.
legal problems to an attorney, which is of o To remunerate him for being
paramount importance to the administration
deprived of the opportunity of
of justice. rendering services to the other
Rules promulgated, in the nature of
party by being retained by one
injunctions peculiarly addressed to an party.
attorney:
o It is apart from what the client
1. To exert his best effort and learning in
has agreed to pay for the
the protection of the interest of his
services which he has retained
client;
him to perform.
2. To promptly account for any fund or
Its purpose: To prevent undue hardship on
property entrusted by or received for
the part of the attorney based on the rule
his client;
forbidding him from acting as counsel for the
3. Not to purchase or acquire, any
other party after he has been retained by or
property or interest of is client in
has given professional advice to the opposite
litigation;
party.
4. To forever keep inviolate his client’s
secrets or confidence, and not to
abuse them; Necessity of retainer
5. Not to represent a party whose An attorney has no power to act as counsel or
interest is adverse to that of his client legal representative for a person without
even after the termination of the being retained.
relation. He may not appear in court for a party
The Supreme Court requires strict obedience without being employed, unless by leave of
to those rules and subjects the attorney to court.
discipline and administrative liability for Rules of Court, Rule 138, Sec. 21.
inexcusable breach thereof to protect the ….
public, the court, and the client from An attorney willfully appearing in court for a
dishonesty and incompetence of unfaithful person without being employed, unless by
lawyers. leave of the court, may be punished for
contempt as an officer of the court who has
B. RETAINER OR EMPLOYMENT misbehaved in his official transactions.
Neither the purported client nor the adverse
Concept of term “retainer” party may be bound by his appearance unless
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
the former ratifies or is stopped to deny the
o Signing a pleading for and on behalf of
assumed authority. another counsel of record.
Sufficiency of professional employment
In the absence of a written retainer, the
The essential feature of the relation is the establishment of the attorney-client
fact of employment. relationship depends upon the circumstances
While a written agreement for professional of the case.
services is the best evidence to show the The employment or authority to employ an
relation, formality is not an indispensable attorney need not be proved in writing; such
element of the employment of an attorney. fact could be inferred from circumstantial
It is not necessary that a retainer should have
evidence.
been paid, promised, or charged.
The moment complainant approached the
Nor is it material that the attorney who was
then receptive respondent to seek legal
consulted does not afterward undertake the
advice, a veritable lawyer-client relationship
case. evolved between the two. Such relationship
The absence of a written contract will not
imposes upon the lawyer certain restrictions
preclude a finding that there is a professional circumscribed by the ethics of the profession.
relationship. To keep inviolate, confidential information
The contract may be express or implied.
acquired or revealed during legal
An acceptance is implied when the attorney consultations. The fact that one is not inclined
acts in pursuance of a request. to handle the client’s case, at the end of the
There is an implied contract of professional day, is hardly of consequence. Of little
employment where an attorney appears on moment is the fact that no formal
behalf of a party without the latter professional engagement follows the
interposing any objection to it. consultation. (Hadjula vs Madianda)
To establish professional relation, it is
sufficient that the advice and assistance of an Employment of law firm
attorney is sought and received in any matter The employment of a law firm is equivalent to
pertinent to his profession. the retainer of the member even though only
If a person consults with an attorney in his one of them is consulted.
professional capacity with the view of Conversely, the employment of one member
obtaining professional advice or assistance, is generally considered as employment of the
and the attorney voluntarily permits or law firm.
acquiesces in such consultation as when he When a client employs the services of a law
listens and gives advice, the professional firm, he employs the entire law firm and not
employment is regarded as established. the lawyer assigned to personally handle the
Circumstances which do not establish an case.
attorney client relationship: In the event that the counsel appearing for
o That an attorney for buyer wrote the client resigns or dies, the firm is bound to
letters to tenants giving them a period provide a replacement.
to exercise their preferential right to Reason for the rule: Information obtained
buy the land, that he prepared the from a client by a member of the law firm is
deed of sale in favor of the buyer, and information imparted on the firm.
that he charged the seller the fees for The member acts in the name and interest of
such services do not make the the firm.
attorney the counsel for the seller as
Death of the member does not extinguish the
those matters were wrapped up in the
lawyer-client relationship. The responsibility
sale, and could have been done as
to continue representation devolves upon the
counsel for the buyer in the
remaining lawyers of the firm until they have
furtherance of the latter’s interests.
withdrawn from the case.
o By helping an appellant perfect his
appeal but without entering his
Who can employ an attorney
appearance or signing a pleading.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Generally, any person who has the legal
capacity to contract can employ an attorney.
A person suffering from some legal disability
cannot retain a lawyer to appear for him in
court.
Only a general guardian ad litem has the
authority to employ an attorney to represent
a minor or incompetent.
However, the appearance of a lawyer as
authorized by a relative of the minor or
incompetent is intrusive and will have no
effect, except to show the attorney’s good
faith in appearing in court.
An agent clothed by his principal with the
power to deal with the principals’ property or
interest has the authority to engage the
services of an attorney as counsel for the
principal.
The agent’s authority to employ an attorney
for his principal need not be in writing. It may
be inferred from circumstantial evidence.
General Rule: A wife has the authority to
engage the services of counsel even without
her husband’s consent in any of the instances
where she may prosecute or defend an action
without the necessity of joining her husband
as a party litigant.
o Exception: She cannot, however, bind
the conjugal partnership for the
payment of the fees of her lawyer
without the husband’s authority.
o Exception to the exception: In a suit
between her and her husband, which
she is compelled to institute or resist
to protect her rights.
General Rule: In a corporation, only the board
of directors has the authority to employ an
attorney to sue or defend an action for the
corporation as the power to sue and be sued
is lodged in them.
o Exceptions:
Such power to employ an
attorney may be delegated in
favor of any of its corporate
officers, expressly or impliedly.
A single stockholder may
institute a derivative suit on
behalf of a corporation and
employ an attorney for that
purpose.
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book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Without clients, a lawyer may not be able to
C. ETHICAL NORMS AND RESTRICTIONS make a name as a practitioner though how
talented he may be.
Canon 15. A lawyer shall observe candor, On the other hand, a lawyer cannot just
fairness and loyalty in all his dealings and accept any case nor can he employ business
transactions with his clients. methods to solicit professional employment or
Rule 15.01. A lawyer, in conferring with a to advertise his talent and skill to attract
prospective client, shall ascertain as soon prospective clients.
as practicable whether the matter would
involve a conflict with another client or his Lawyer shall ascertain possible conflict of
own interest, and if so, shall forthwith interests
inform the prospective client. Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
Rule 15.02. A lawyer shall be bound by practicable whether the matter would involve
the rule on privileged communication in a conflict with another client or his own
respect of matters disclosed to him by a interest, and if so, shall forthwith inform the
prospective client. prospective client.
It is the duty of a lawyer to disclose and
Rule 15.03. A lawyer shall not represent explain to a prospective client all
conflicting interests except by written circumstances of his relations to the parties,
consent of all concerned given after a full and any interest in connection with the
disclosure of the facts. controversy, which in his honest judgment,
might influence the client in the selection of a
Rule 15.04. A lawyer may, with the counsel.
written consent of all concerned, act as The disclosure is more for the protection of
mediator, conciliator or arbitrator in the lawyer than that of the client.
settling disputes. If a lawyer conceals the fact that the adverse
party used to be his client, the new client
Rule 15.05. A lawyer when advising his may have reason to suspect, in case of an
client shall give a candid and honest unfavorable judgment, that the circumstance
opinion on the merits and probable results prevented him from the full discharge of his
of the client’s case, neither overstating nor duty.
understanding the prospects of the case. Concealment of facts material to employment
may cause his client to lose confidence in
Rule 15.06. A lawyer shall not state or him.
imply that he is able to influence any
public official, tribunal or legislative body. Duty to decline employment
A lawyer should decline professional
Rule 15.07. A lawyer shall impress upon employment even though how attractive the
his client compliance with the laws and the fee may be if its acceptance will involve a
principles of fairness. violation of any of the rules of the legal
profession.
Rule 15.08. A lawyer who is engaged in After giving advice to a plaintiff concerning a
another profession or occupation claim, the lawyer may not thereafter accept
concurrently with the practice of law shall retainer from the defendant to defeat that
make clear to his client whether he is claim.
acting He may not accept employment from another
in a matter adversely affecting any interest of
his former client with respect to which,
confidence has been reposed.
Generally Nor may he handle a case to nullify a contract
A lawyer may only be as successful in the which he prepared.
practice as he has enough paying clientele.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
He should not accept employment as an know
advocate in any matter in which he had
intervened while in the government service.
This canonical injunction is based upon the
necessity that professional integrity and
public confidence in that integrity be
maintained.
He may not accept employment from an
organization to render legal services to
members thereof concerning questions
submitted by the members, the answers to
which are printed for circulation.
He may not accept employment as a
columnist to answer inquiries for advice as to
individual rights through the medium of a
newspaper column.
Nor may he accept employment from a
collection agency which solicits business to
collect its claims.
EXCEPTIONS: Rule 14.03. A lawyer may
refuse to accept representation of an indigent
client if:
o He is not in a position to carry out the
work effectively or competently;
o He labors under a conflict of interests
between him and the prospective
client or between a present client and
the prospective client.
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book “Legal and Judicial
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Agpalo
or interest; (Rule 138, Section 20 The primary task of a lawyer, as an advocate,
(g), Rules of Court)
is to represent a party litigant in court, either
o Finally, he ―must decline to conduct a as counsel for plaintiff or for defendant, or as
civil cause or to make a defense when a public prosecutor or as defense counsel.
convinced that it is intended merely to 1. General Rule: A private practitioner is
harass or injure the opposite party or not obligated to act as counsel for any
to work oppression or wrong.‖
person who may wish to become his
If a lawyer were to take a bad civil suit client. He has the right to decline
against a defendant, it will either be to exert employment.
his best efforts toward a compromise or, if 2. Exception: Public prosecutor who
unsuccessful, to advice his client to confess cannot choose cases to prosecute.
judgment.
The reason why laymen often ask the ethical Canon 14: Duty of a lawyer to accept
question – how can a lawyer take a case employment insofar as the needy and poor
which he does not believe in? – is due partly are concerned. Refusal to accept being made
to unfamiliarity with the rules and ethics of the exception. Two reasons:
the legal profession and partly to a lack of 1. The poor and the needy need most the
appreciation of the rights of an accused. services of a lawyer but hesitate to
secure such because they cannot
D. LAWYER MAY NOT REFUSE HIS SERVICES afford to pay or fear refusal for their
inability to compensate the lawyer.
CANON 14. A lawyer shall not refuse his services to
the needy. 2. IBP objective to make legal services
available for those who need them.
Rule 14.01. A lawyer shall not decline to Requires a lawyer should not lightly
represent a person solely on account of the decline employment.
latter’s race, sex, creed or status of life, or
because of his own opinion regarding the guilt A lawyer shall not decline to represent
of said person. unpopular clients
Rule 138, sec. 20 (h-i). Duties of attorneys.—
Rule 14.02. A lawyer shall not decline, except
It is the duty of an attorney: (h) Never to
for serious and sufficient cause, an
appointment as counsel de oficio or as amici reject, for any consideration personal to
curiae, or a request from the Integrated Bar of himself, the cause of the defenseless or
the Philippines or any of its chapters for oppressed.
rendition of free legal aid. Rule 14.01. A lawyer shall not decline to
represent a person solely on account of the
Rule 14.03. A lawyer may refuse to accept latter’s race, sex, creed or status of life, or
representation of an indigent client if: because of his own opinion regarding the guilt
of said person.
a. he is not in a position to carry out
the work effectively or competently;
Regardless of his personal feelings, a lawyer
b. he labors under a conflict of should not decline representation just
interests between him and the because a client or a cause is unpopular or
prospective client or between a present community reaction is adverse.
client and the prospective client. History is replete with instances of
distinguished and sacrificial services by
Rule 14.04. A lawyer who accepts the cause lawyers who had represented unpopular
of a person unable to pay his professional fees clients and causes, and received accolade for
shall observe the same standard of conduct
such services from peers in the bar.
governing his relations with paying clients.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
The law presumes the accused innocent, and 3. Appointment of counsel de oficio for
entitled to acquittal unless his guilt is proved the accused.—If it appears from the
beyond reasonable doubt. If the rule were record of the case transmitted that
otherwise, innocent persons, victims of a. the accused is confined in
suspicious circumstances, might be denied prison,
proper defense. b. is without counsel de parte on
appeal, or
A lawyer shall not decline appointment by c. Has signed the notice of appeal
the court or by the IBP
himself, the clerk of court of
The relation of attorney and client may be the CA shall designate a
created not only by voluntary agreement but counsel de oficio.
also by appointment as counsel de oficio for a
poor or indigent litigant. An appellant who is not confined in prison
Rule 138, sec. 31 Attorney’s for destitute may, upon request, be assigned a counsel de
litigants.—A court may assign an attorney to oficio within the 10 days from receipt of the
render professional aid free of charge to any notice to file brief and he establishes his right
party in a case, if upon investigation it thereto by affidavit. (Rule 124, Sec. 2, Rules
appears that the party is destitute and unable of Court)
to employ an attorney, and that the services
of counsel are necessary to secure the ends The court may not assign a counsel de oficio
of justice and to protect the rights of the to defend an accused when he previously
party. It shall be the duty of the attorney so manifested his desire to secure the services
assigned to render the required service, of a counsel de parte. If the court does so, it
unless he is excused therefrom by the court violates the defendant’s right to counsel, and
for sufficient cause shown. his conviction may be set aside on that
In a criminal action, the court may appoint a
ground. If a counsel de oficio is appointed, he
counsel de oficio in the following instances:
must protest such appointment.
1. Duty of court to inform accused of his
Where a counsel de oficio has been assigned
right to counsel.—Before arraignment,
to an accused and such counsel has acted
the court shall inform the accused of
without objection from the accused, the
his right to counsel and ask him if he
conviction cannot be set aside on the sole
desires to have one. Unless the
ground that said counsel was not the choice
accused is allowed to defend himself in
of the accused.
person or has employed counsel of his
choice, the court must assign a
Frequent appointment of same counsel
counsel de oficio to defend him. (Rule
discouraged
116, Sec. 6, Rules of Court)
The burden of regular practice and the
2. It shall be the duty of the clerk of the
possibility of compensation as counsel de
trial court, upon filing a notice of
oficio as a regular source of income should
appeal, to ascertain from the
caution a court from frequently appointing the
appellant, if confined in prison,
same lawyer.
whether he desires the Regional Trial The overburdened counsel may have too little
Court, Court of Appeals, or the time to spare for his de oficio cases or may be
Supreme Court to appoint a counsel eager to finish such cases to be able to collect
de oficio to defend him and to transmit his fees within the earliest possible time.
with the record on a form to be The accused stands to suffer, denied effective
prepared by the clerk of court of the assistance.
appellate court, a certification of
compliance with this duty and the A lawyer may refuse to represent indigent
response of the appellant to his on valid grounds
inquiry. (Rule 122, Sec. 13, Rules of GENERAL RULE: A lawyer is not obliged to act
Court) as counsel for any person who may wish to
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
become his client. He has the right to decline Amount of attorney’s fees or client’s financial
employment.
capability to pay should not serve as a test to
EXCEPTIONS:
determine the extent of the lawyer’s devotion
1. A lawyer shall not refuse his services to to his client’s cause.
the needy or indigent.
2. He shall not decline to represent a person
solely on account of the latter’s race, sex,
creed or status of life or because of his
own opinion regarding the guilt of said
person. (Canon 14, Rule 14.01)
3. If there is serious and sufficient cause, an
appointment as counsel de oficio or as
amici curiae, or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
(Canon 14, Rule 14.02)
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
CHAPTER 7 – LAWYER’S
DUTIES IN HANDLING A. ENTIRE DEVOTION WITHIN THE LAW
CLIENT’S CAUSE
Generally
No lawyer is obliged to act as advocate for
every person who may wish to secure his
Canon 15. A lawyer shall observe candor,
services. He has the right to decline
fairness and loyalty in all his dealings and
employment.
transactions with his clients.
No fear of judicial disfavor or public
unpopularity should restrain him from the full
Rule 15.01. A lawyer, in conferring with a
discharge of his duty.
prospective client, shall ascertain as soon
In the judicial forum, the client is entitled to
as practicable whether the matter would
the benefit of any and every remedy and
involve a conflict with another client or his
defense that is authorized by law, and he may
own interest, and if so, shall forthwith
expect his lawyer to assert every such
inform the prospective client.
remedy or defense.
Rule 15.02. A lawyer shall be bound by
Once he agrees to take up the cause of a
the rule on privileged communication in
client, the lawyer owes fidelity to such cause
respect of matters disclosed to him by a
and must always be mindful of the trust and
prospective client.
confidence reposed in him.
He must serve the client with competence
Rule 15.03. A lawyer shall not represent
and diligence, and champion the latter’s
conflicting interests except by written
cause with whole-hearted fidelity, care, and
consent of all concerned given after a full
devotion.
disclosure of the facts.
A lawyer who performs his duty with diligence
and candor not only protects the interest of
Rule 15.04. A lawyer may, with the
his client; he also serves the ends of justice,
written consent of all concerned, act as
does honor to the bar, and helps maintain the
mediator, conciliator or arbitrator in
respect of the community to the legal
settling disputes.
profession. (Aromin v. Atty. Boncavil)
Rule 15.05. A lawyer when advising his
client shall give a candid and honest
Every case a lawyer accepts deserves his full
opinion on the merits and probable results
attention, diligence, skill, and competence
of the client’s case, neither overstating
regardless of its importance and whether he
nor understanding the prospects of the
accepts it for a fee or free. Certainly, a
case.
member of the Bar who is worth his title
cannot afford to practice the profession in a
Rule 15.06. A lawyer shall not state or
lackadaisical fashion. A lawyer’s lethargy is
imply that he is able to influence any
both unprofessional and unethical (Jardin v.
public official, tribunal or legislative body.
Atty. Villar)
Rule 15.07. A lawyer shall impress upon
The court as guardian of the legal profession
his client compliance with the laws and
expects a lawyer to employ all the energies at
the principles of fairness.
his command. It demands of him the most
scrupulous performance of his duty.
Rule 15.08. A lawyer who is engaged in
Negligence thereof will cause delay in the
another profession or occupation
administration of justice or prejudice the
concurrently with the practice of law shall
litigant’s rights.
make clear to his client whether he is
acting as a lawyer or in another capacity.
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
Public interest requires that an attorney exert statute shall have been construed and
his best efforts in the prosecution or defense interpreted by competent jurisdiction, he is
of his client’s cause. free and is entitled to advice as to its validity
and as to what he conscientiously believes to
A lawyer shall perform duty within the law its just meaning and extent.
Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness. But above all a lawyer will find his highest
Duties of attorneys. - It is the duty of an honor in a deserved reputation for fidelity to
attorney: (c) To counsel or maintain such private trust and to public duty, as an honest
actions or proceedings only as appear to him man and as a patriotic and loyal citizen.
to be just, and such defenses only as he
believes to be honestly debatable under the
law. (Rule 138, Sec. 20, Rules of Court) A lawyer shall give candid advice on
Duty to secure for the client, through
merits of case
honorable means, only what is justly due him. A lawyer should endeavor to obtain full
knowledge of his client's cause before
A lawyer is required to represent his client advising thereon.
within the bounds of the law. The CPR enjoins Rule 15.05. A lawyer when advising his
him to employ only fair and honest means to client shall give a candid and honest opinion
attain the lawful objectives of his client and on the merits and probable results of the
warns him not to allow his client to dictate client’s case, neither overstating nor
procedure in handling the case. He may use understanding the prospects of the case.
arguable construction of the law or rules It is incumbent upon a lawyer to give his
which are favorable to his client. But he is not client an honest opinion on the probable
allowed to knowingly advance a claim or results of the case, with the end vie of
defense that is unwarranted under existing promoting respect for the law and legal
law. processes.
The trust confided to an attorney must be
As officers of the court, counsels are under
performed within the bounds of law.
obligation to advice their clients against
His office does not permit violation of law or
making untenable and inconsistent claims.
any manner of fraud or chicanery.
He swore, upon his admission to the practice,
to uphold the cause of justice, obey the law, If a lawyer finds his client’s contemplated civil
and do no falsehood.
suit totally devoid of merit or wholly
defenseless, he should inform his client and
There is nothing in the duty to a client which
dissuade him from filing or to compromise
makes it necessary for a lawyer to swear to rather than traverse the incontrovertible.
that which is false, to disregard the truth and
If, on the other hand, he finds that his client’s
defy the clear purpose of the law, or to obtain
cause is fairly meritorious and ripe for judicial
for his client something to which he is not
adjudication, he should refrain from making
justly and fairly entitled.
bold and confident assurances of success.
To permit lawyers to resort to unscrupulous Rule 15.06. A lawyer shall not state or imply
practices for the protection of the supposed that he is able to influence any public official,
rights of their clients is to defeat the tribunal or legislative body.
administration of justice. The miscarriages to which justice is subject,
When rendering any improper service or by reason of surprises and disappointments in
advice, the lawyer invites stern and just evidence and witnesses, through mistakes
condemnation. and errors of courts, even though only
occasional, admonish lawyers to beware of
He must also observe and advise his client to bold and confident assurances to clients,
observe the statute law, though until a
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Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
especially where the employment may trial when he is under affliction or
depend upon such assurance.
bereavement; forcing the trial on a particular
day to the injury of the opposite lawyer when
no harm will result from a trial at different
time; agreeing to an extension of time for
Duty to comply with client’s lawful request signing a bill of exceptions, cross
A lawyer should endeavor to seek instruction interrogatories and the like
from his client on any substantial matter
concerning the litigation, which may require No client has a right to demand that his
decision on the part of the client, such as
counsel shall be illiberal, or that he does
whether to compromise the case or to appeal
anything therein repugnant to his own sense
an unfavorable judgment.
He should give his client sound advice on any of honor and propriety.
similar matters and comply with the client’s
lawful instructions. Duty to restrain client from impropriety
He should resist and should never follow any A lawyer should use his best efforts to
unlawful instruction of his client. restrain and to prevent his clients from doing
In matters of law, it is the client who those things which the lawyer himself ought
should yield to the lawyer. not to do, particularly with reference to their
Rule 19.03. A lawyer shall not allow his conduct towards courts, judicial officers,
client to dictate the procedure in handling the jurors, witnesses and suitors. If a client
case. persists in such wrongdoings the lawyer
He should not act like an errand boy at the should terminate their relation.
beck and call of his client, ready and eager
to do his bidding. A lawyer shall not undertake
He must obey his own conscience and influence- peddling
not that of his client. Rule 15.06. A lawyer shall not state or imply
that he is able to influence any public official,
The responsibility for advising as to tribunal or legislative body.
Influence peddling is highly unethical and
questionable defenses is the lawyer's
may constitute violation of the Anti-Graft and
responsibility. He cannot escape it but urging Corrupt practices Act.
as an excuse that he is only following his
client's instructions.
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book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
4. Failure to attend the scheduled pre- Where the client refuses to cooperate or is
trial conference or hearing.
nowhere to be found, a lawyer should ask
5. Failure to prosecute the action for a that he be discharged or should apply to the
reasonable period.
court that he be released.
6. Failure to inform the client of an Retirement from the case should be made on
adverse judgment within the
record. His impending release from
reglementary period to appeal.
professional obligation does not excuse him
7. Failure to take steps to have the
from the non-performance thereof.
adverse decision reconsidered or
appealed.
8. Failure to ascertain the correct date of D. STANDARD OF DUTY IN
receipt of the decision. CRIMINAL ACTIONS
9. Failure to acquaint himself with what
has happened to the litigation.
10. Failure to pay the docket fee on Duty to render effective legal service
appeal.
The lawyer must decline to conduct a civil
11. Failure to claim judicial notices sent to
cause or to make a defense when convicted
him by mail.
that it is intended merely to harass or to
12. Failure to file the appellant’s brief.
injure the opposite party or to work
oppression or wrong.
A new counsel, who enters his appearance in
It is the right of the lawyer to undertake the
midstream, has the duty not only to
defense of a person accused of crime,
thoroughly study the case but also to inquire
regardless of his personal opinion as to the
as to the status of the case. Failure to do so
guilt of the accused.
prevents him from taking required steps and
The right of an accused to counsel finds
may adversely affect his client’s interests.
substance in the performance by the lawyer
Rule 18, Sec. 4, Rules of Court: Appearance
of his sworn duty of fidelity to his client. It
of Parties.
means an efficient and truly decisive legal
assistance and not simply a perfunctory
It shall be the duty of the parties and their
representation.
counsel to appear at the pre-trial.
Rule 138, Sec. 20 (i) In the defense of a
person accused of crime, by all fair and
The non-appearance of a party may be
honorable means, regardless of his personal
excused only if a valid cause is shown
opinion as to the guilt of the accused, to
therefor or if a representative shall appear in
present every defense that the law permits,
his behalf fully authorized in writing to enter
to the end that no person may be deprived of
into an amicable settlement, to submit to
life or liberty, but by due process of law.
alternative modes of dispute resolution, and
A lawyer may not cause the transfer, through
to enter into stipulations or admissions of
misrepresentation, of a case pending in one
facts and of documents.
sala to another of the same court without the
knowledge and consent of the judge taking
Pressure and large volume of legal work
cognizance of said case for the purpose of
provide no excuse for the lawyer’s inability to
obtaining from the second sala a more
exercise due diligence in the performance of
satisfactory remedy.
his duty to take the necessary legal steps to
A lawyer, in seeking reversal of a lower
protect his client’s interest.
court’s conviction of his client, may not
A lawyer who finds it impracticable to
attribute to the trial judge personal motives
continue representing a client should inform
or attacking him acrimoniously behind his
the latter of his predicament and ask that he
back in his appeal brief.
be allowed to withdraw from the case to The interest of the public requires that every
enable the client to engage the services of verdict be rendered only upon the issues
another counsel who can study the situation raised and evidence presented, uninfluenced
and work out a solution.
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book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
by pleas of counsel to passion, prejudice, or Duty of defense counsel when accused
distorted sense of justice. intends to plead guilty
It is a disgrace to the bar and an affront to Plea of guilty: An admission by the accused of
the court for a lawyer to plead that, on behalf his guilt of a crime as charged in the
of an accused charged with killing a person information and of the truth of the facts
for monetary consideration, that his accused alleged, including the qualifying and
client was a ―poor, ignorant man blinded by aggravating circumstances.
the promise of wealth,‖ and it was too great a The imposition of sentence proceeds from a
temptation to resist.
plea that is truthful and made voluntarily by
It is improper for a lawyer to assert in
the accused with full awareness of its
argument his personal belief in his client's consequences and of his rights.
innocence or in the justice of his cause. The It is the duty of defense counsel when his
lawyer is bound, by all fair and honorable client desires to enter a plea of guilty, to:
means, to present every defense that the law 1. Fully acquaint himself with the records
of the land permits, to the end that no person and surrounding circumstances of the
may be deprived of life or liberty but by due case;
process of law. 2. Confer with the accused and obtain
from him his account of what had
What is required of counsel de oficio
happened;
He is expected to render effective service and 3. Advise him of his constitutional rights;
to exert his best efforts on behalf of an 4. Thoroughly explain to him the import
indigent accused. of a guilty plea and the inevitable
He has the bounden duty to exert utmost conviction that will follow; and
efforts to defend his client and protect his 5. See to it that the prescribed procedure
rights, no matter how guilty or evil he which experience has shown to be
appears to be. necessary to the administration of
The performance of his duty is all the more justice is strictly followed and
imperative because the life of the accused disclosed in the court records.
hangs in the balance.
He failed in the performance of such duty as In grave offenses, after the plea of guilty, the
counsel for the accused: prudent and proper course to follow is for the
o Where he refused to cross-examine trial court to require the taking of testimony
the offended party in a rape case of the accused so as to establish the precise
because he believed she was telling degree of his culpability and leave no room
the truth and did not present evidence for doubt that there is no mistake or
for the accused. misunderstanding as to the nature of the
o Where barely days after accused client charges.
pleaded ―not guilty‖ he filed a The review by the Supreme Court of a lower
manifestation in open court that his court’s judgment would permit judicial inquiry
client was changing his plea to that of as to the extent a defense counsel has
―guilty.‖
performed his duty to an accused who
The court requires strict accountability in the
pleaded guilty to a capital offense and would
performance of a lawyer’s duty to the
minimize the denial of an accused’s right to
impoverished client.
an effective assistance of counsel.
A counsel de oficio ought not to ask to be
Taking of testimony after a plea of guilty
excused from his responsibility for any trivial
could also prevent the imposition of an
reason.
incorrect penalty.
Nor does his appointment as an election
registrar justify his release from his The guilty plea system is not conducive to a
responsibility as counsel de oficio unless on sound attorney-client relationship.
valid grounds. It has been asserted that there are some
―professional writrunners and pleaders‖ –
lawyers who handle large volume of cases for
ralc2011 93
LEGALETHICS
Based on the
book “Legal and Judicial
Ethics” by Atty. Ruben E.
Agpalo
less than spectacular fees by advising,
influencing, cajoling, or even coercing clients Consequences to a client for lawyer’s
to plead guilty, irrespective of their guilt or breach of trust
innocence. The client may lose his case due to the
A lawyer who has been thrice appointed
negligence or misconduct of his counsel
counsel de oficio, cautions the courts from because the client is generally bound by his
frequently appointing the same attorney to lawyer’s omission or mistake.
prevent the possibility of having the
compensation for services rendered as a
regular source of income, as the counsel
might be inordinately eager to finish the
cases to be able to collect his fees at the
earliest possible time.
And the quickest and easiest way to
accomplish that purpose is to ask an accused
to plead guilty even when counsel knows his
client did not commit the offense.
E. CONSEQUENCES OF FAILURE
TO PERFORM DUTIES
Generally
Failure of the lawyer may render him
administratively liable, which may be a
reprimand, warning, suspension from the
practice of law, and even disbarment
depending upon the circumstances and
prejudice caused to the client.
ralc2011 94