Study Notes

JD 201: Basic Legal and Judicial Ethics Class

Judge Isah J. Echem-Tangonan

Legal Ethics, defined.

 IT IS A PRESCRIBED STANDARD OF BEHAVIOR.

 A CODE OF CONDUCT OR DISCIPLINE, LOOKED UPON BY MEMBERS OF THE BAR
AND BENCH SERVING AS GUIDEPOST IN THEIR DELAINGS WITH THE, PUBLIC, THE
COURT, WITH EACH OTHER AND CLIENT.
 It provides the moral foundation in the study of law intended to guide the aspiring
lawyers, the members of the bar and bench throughout his life.

FOUR FOLD DUTY OF A LAWER.

PUBLIC
THE COURT
WITH EACH OTHER AND
CLIENT

Significance of Legal Ethics

 TO MAINTAIN ORDER.
 IF THERE ARE ETHICAL STANDARDS TO BE OBSERVED TO LIMIT THE
PARAMETERS AND TAME THE EXERCISE OF THE PROFESSION --- IT WILL LEAD TO
CHAOS, DISOBEDIENCE AND AGAIN ANARCHIC BEHAVIOR.

Sources of Legal Ethics

 CONSTITUTION – gave the authority to the Supreme Court to promulgate rules,

regulations, as well as the admission to the BAR.
 Rules of Court
 The Code of Professional Responsibility
 Canons of Professional Ethics
 Jurisprudence, moral law and special laws.

A. PRACTICE OF LAW

1. Concept
a. Privilege –

 The practice of law is not a natural, absolute or constitutional right granted to everyone
who wants or demands it. Rather, it is a privilege limited to citizens of good moral
character. A lawyer has the privilege and right to practice law only during good
behavior and can only be deprived of it for misconduct ascertained and declared by
judgment of the court after opportunity to be heard has been afforded him.

 The practice of law is a privilege burdened with conditions. It is so delicately affected

with public interest that it is both a power and a duty of the State to control and
regulate it in order to protect and promote the public welfare.

 According to the 1987 Constitution, Art. VIII, Sec. 5, The Supreme Court has the power
to Promulgate rules concerning the protection and enforcement of constitutional rights,
 pleading, practice, and procedure in all courts; the admission to the practice of law, the
Integrated Bar; and legal assistance to the underprivileged.

b. Profession, not business

 Lawyering is not a business ; it is a profession in which duty to public service, not

money, is the primary consideration. The practice of law is a profession, a form of public
trust, the performance of which is entrusted only to those who are qualified and who
possesses good moral character.
 The practice of the law is a profession - not a business or a skilled trade. While the
elements of gain and service are present in both, the difference between a business and
a profession is essentially this: the chief end of a trade or business is personal gain; the
chief end of a profession is public service.

In summary:

These are the primary characteristics which distinguished legal profession from a business
are:
a) Duty of public service in which one may attain the highest eminence without making
much money.
b) A relation as an officer of the court to the administration of justice involving
thorough sincerity, integrity and reliability;
c) Relation to client in the highest degree fiduciary (TRUST);
d) Relation to colleagues at bar characterized by candor, fairness, and unwillingness to
resort to current business methods of advertising and encroachment on their
practice or dealing directly with their clients.

 The legal profession is a noble profession . It is not a business or a trade. A person

practicing law has to practice in the spirit of honesty and not in the spirit of mischief-
making or money-getting. ... A person practising law has an obligation to maintain
probity and high standard of professional ethics and morality.
 It is bestowed only to individuals who are competent intellectually, academically and
morally.
 However, while the legal profession is not a business, lawyers allowed to go to court for
professional fees not paid. He is entitled to protection from the court against any attempt
by his client to escape payment of his just fees ( ALBANO V. COLOMA, 1967 CASE)
 Lawyers in other countries are free to advertise their services through the media. Not in
the Philippines. We only see signages bearing the name of the lawyer, his office address,
and mobile number and nothing more. The signages are there only to inform people of
the location of the lawyer’s office but not to entice them to avail of his services. For
other firms or companies, they can use whatever is available to persuade clients to avail
of their services over other firms or companies.
 Businesses compete for more clients, lawyers cannot. On many instances, the Supreme
Court reprimanded, suspended, penalised, and even disbarred lawyers for soliciting
clients or advertising their services in violation of the Code of Professional
Responsibility.

See Director of Religious Affairs v. Bayot (74 Phil 579 (1994)

 Ruling: It is undeniable that the advertisement in question was a flagrant violation by

the respondent of the ethics of his profession, it being a brazen solicitation of business
from the public. Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either personally or thru paid
agents or brokers, constitutes malpractice." It is highly unethical for an attorney to
advertise his talents or skill as a merchant advertises his wares. Law is a
 profession and not a trade. The lawyer degrades himself and his profession who
stoops to and adopts the practices of mercantilism by advertising his services or
offering them to the public. As a member of the bar, he defiles the temple of justice
with mercenary activities as the money-changers of old defiled the temple of Jehovah.
"The most worth and effective advertisement possible, even for a young lawyer, . . . is
the establishment of a well-merited reputation for professional capacity and fidelity to
trust. This cannot be forced but must be the outcome of character and conduct."
(Canon 27, Code of Ethics.)

2. Qualifications

 Can a Law be passed encroaching the right of the Supreme Court to promulgate rules
on who they can admit in the BAR?
Congress passed Rep. Act No. 972, or what is known as the Bar Flunkers Act, in 1952.
The title of the law was, “An Act to Fix the Passing Marks for Bar Examinations from 1946 up
to and including 1955.” Is this constitutional?
In re: Cunanan
The law is an encroachment on the Court’s primary prerogative to determine who may
be admitted to practice of law and, therefore, in excess of legislative power to repeal, alter and
supplement the Rules of Court. The rules laid down by Congress under this power are only
minimum norms, not designed to substitute the judgment of the court on who can practice
law; and

Qualifications for all applicants for admission to the BAR.

- Citizen of the Philippines
- At least 21 years of age
- Of good moral character
- Resident of the Philippines
- Must produce good evidence of good moral character
- No charges against him involving moral turpitude filed or are pending in any court
of the Philippines

 What is moral turpitude?

Moral turpitude" has been defined as an act of baseness, vileness, or depravity in
the private and social duties which a man owes his fellow men, or to society in
general, contrary to the accepted and customary rule of right and duty between man
and man.

"Moral turpitude," it has been said, "includes everything which is done contrary to
justice, honesty, modesty, or good morals." (Bouvier's Law Dictionary, cited by
numerous courts.) Although no decision can be found which has decided the exact
question, it cannot admit of doubt that crimes of this character involve moral
turpitude. The inherent nature of the act is such that it is against good morals and
the accepted rule of right conduct.

The following is a list, not necessarily complete, of the crimes adjudged to involve
moral turpitude:

1. Abduction with consent[15];

2. Bigamy[16];
3. Concubinage[17];
4. Smuggling[18];
5. Rape[19];
6. Estafa through falsification of a document[20];
 7. Attempted Bribery[21];
8. Profiteering[22];
9. Robbery[23];
10. Murder, whether consummated or attempted[24];
11. Estafa[25];
12. Theft[26];
13. Illicit Sexual Relations with a Fellow Worker[27];
14. Violation of BP Bldg. 22[28];
15. Falsification of Document[29];
16. Intriguing against Honor[30];
17. Violation of the Anti-Fencing Law[31];
18. Violation of Dangerous Drugs Act of 1972 (Drug-pushing)[32];
19. Perjury[33];
20. Forgery[34];
21. Direct Bribery[35]; and
22. Frustrated Homicide[36]. 

 If an applicant will not disclose that he has been charged with or indicted of crimes
involving moral turpitude, he or she may be disqualified from taking the bar exams

 Requirements before a candidate can practice law in the Philippines

 PASS THE BAR EXAMINATIONS – measure of applicants learning and proficiency.
 OATH
 SIGNING OF LAWYERS ROLL OF ATTORNEYS
 Receiving from the clerk of court of this Court a certificate of the license to practice

The Lawyers Oath

(Please Memorize this with all your heart. This is a summary of the Code of Professional
Responsibility)

I ______________, do solemnly swear that I will maintain allegiance to the Republic

of the Philippines, I will support the Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no falsehood, nor consent to
the doing of any in court; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my clients; and I impose upon
myself these voluntary obligations without any mental reservation or purpose of evasion.
So help me God.

 In one case, the Supreme Court denied the applicants petition to take the lawyer’s oath
for grave misconduct, such as calling himself atty and appearing as counsel as clients
even before admitted to the bar.
 The court may also defer the applicants oath taking if there is a pending complaint
against him, which if found true, will disqualify him from becoming a lawyers.
 Like involvement in a fraternity hazing causing the death of a neophyte ( In re:
Argosino, 270 SCRA 26.

SIGNIFICANCE Of OATH:

 It not only impresses upon the attorney his responsibilities but it also stamps him as an
officer of the court, with rights, powers and duties as important as those of the judge
themselves.
  It is a condensed code of legal ethics.

3. Continuing requirements for membership in the bar

a. Good moral character

Good moral character and reputation means the possession of honesty and
truthfulness, trustworthiness and reliability, and a professional commitment to the legal
process and the administration of justice, as well as the condition of being regarded as
possessing such qualities

The second requisite for the practice of law ― membership in good standing ― is a
continuing requirement. This means continued membership and, concomitantly, payment of
annual membership dues in the IBP; payment of the annual professional tax; compliance with
the mandatory continuing legal education requirement; faithful observance of the rules and
ethics of the legal profession and being continually subject to judicial disciplinary control.

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

 May a lawyer who has lost his Filipino citizenship still practice law in the Philippines?
No.

The Constitution provides that the practice of all professions in the Philippines shall be
limited to Filipino citizens save in cases prescribed by law. Since Filipino citizenship is a
requirement for admission to the bar, loss thereof terminates membership in the Philippine bar
and, consequently, the privilege to engage in the practice of law. In other words, the loss of
Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The
practice of law is a privilege denied to foreigners.

The exception is when Filipino citizenship is lost by reason of naturalization as a citizen

of another country but subsequently reacquired pursuant to RA 9225. This is because "all
Philippine citizens who become citizens of another country shall be deemed not to have lost
their Philippine citizenship under the conditions of [RA 9225]." Therefore, a Filipino lawyer who
becomes a citizen of another country is deemed never to have lost his Philippine citizenship if
he reacquires it in accordance with RA 9225. Although he is also deemed never to have
terminated his membership in the Philippine bar, no automatic right to resume law practice
accrues.

B.M. No. 1678             December 17, 2007

PETITION FOR LEAVE TO RESUME PRACTICE OF LAW,

BENJAMIN M. DACANAY, petitioner.

Petitioner was admitted to the Philippine bar in March 1960. He practiced law until he
migrated to Canada in December 1998 to seek medical attention for his ailments. He
subsequently applied for Canadian citizenship to avail of Canada’s free medical aid program.
His application was approved and he became a Canadian citizen in May 2004.

On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship Retention and Re-
Acquisition Act of 2003), petitioner reacquired his Philippine citizenship. 1 On that day, he took
his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Toronto,
Canada. Thereafter, he returned to the Philippines and now intends to resume his law practice.
There is a question, however, whether petitioner Benjamin M. Dacanay lost his membership in
the Philippine bar when he gave up his Philippine citizenship in May 2004. Thus, this petition.

Ruling: by virtue of his reacquisition of Philippine citizenship, in 2006, petitioner has

again met all the qualifications and has none of the disqualifications for membership in the
bar. It recommends that he be allowed to resume the practice of law in the Philippines,
conditioned on his retaking the lawyer’s oath to remind him of his duties and responsibilities
as a member of the Philippine bar.

Practice of law defined.

TO do any of those acts which are characteristics of the legal profession. It covers any activity,
in or out of court which requires the application of law, legal principles, practice or procedure
and calls for legal knowledge, training and experience.

Read: CAYETANO V. MONSOD (201 SCRA 210)

4. Appearance of non-lawyers

a. Law student practice

Under Administrative Matter 19-03-24-SC, law students who completed their first year
can acquire Level 1 certification while Level 2 Certification can be obtained by law students
currently enrolled for the second semester of their third-year law courses.

The rule stated that Level 1 is valid before all courts, quasi-judicial and administrative
bodies within the judicial region where the law school is located while Level 2 is valid before all
courts, quasi-judicial and administrative bodies.

Once the law student is certified, the certificate number must be used in signing briefs,
pleadings, letters, and other similar documents produced under the direction of a supervising
lawyer. (Section 7) The law student shall also take the Law Student Practitioner’s Oath, a
modified lawyer’s oath, under Section 8 before engaging in the limited practice of law.

The new rule on law student practice was approved by the Supreme Court en banc
during its session last June 25, 2019. The high court said “the amendment ensures access to
justice of the marginalized sectors, enhances learning opportunities of law students by
instilling in them the value of legal professional social responsibility, and prepares them for the
practice of law.”
It also said the amendment “addresses the need to institutionalize clinical legal education
program in all law schools in order to enhance, improve, and streamline law student practice,
and regulate their limited practice of law.”

b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals and labor tribunals
d. Proceedings where lawyers are prohibited from appearing

PROCEEDINGS WHERE LAWYERS ARE PROHIBITEDFROM APPEARING

 Small Claims Cases Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec.
17.Appearance of Attorneys Not Allowed. —No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the plaintiff or defendant.
  Katarungang Pambarangay RA 7160, Sec. 415.In all katarungang pambarangay proceedings
the parties must appear in person without the assistance of counsel or representative except
for minors and incompetents who may be assisted by their next of kin who are not lawyers.

5. Sanctions for practice or appearance without authority

a. Lawyers without authority
(1) Petition for Injunction
(2) Declaratory Relief
(3) Contempt of Court
(4) Disqualification and complaints for disbarment
(5) Criminal complaint for estafa against the person who falsely represented himself as a lawyer
to the damage of another

a. Persons not lawyers

Persons not lawyers Shari’a Bar passers are not full-fledged Philippine Bar members
so they may only practice before Shari’a courts. Both are counselors, but only the latter is an
“attorney.” [Alawi v. Alauya, (1997)

6. Public officials and practice of law

a. Prohibition or disqualification of former government attorneys

 PUBLIC OFFICIALS AND PRACTICE OF LAW PROHIBITION OR DISQUALIFICATION OF

FORMER GOVERNMENT ATTORNEYS

Section 7 of R.A. No. 6713 generally provides for the prohibited acts and transactions of public
officials and employees. Subsection (b)(2) prohibits them from engaging in the private practice of their
profession during their incumbency. As an exception, a public official or employee can engage in the
practice of his or her profession under the following conditions: first, the private practice is authorized
by the Constitution or by the law; and second, the practice will not conflict or tend to conflict with his
or her official functions.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR WITH RESTRICTIONS

Absolute Prohibition
(1) Judges and other officials as SC employees [Rule 148, Sec. 35]
(2) OSG officials and employees
(3) Gov’t. prosecutors [People v. Villanueva]
(4) Pres., VP, cabinet members, their deputies and assistants, [Const., Art. VIII Sec. 15]
(5) Constitutional Commissions Chairmen and Members [Const. Art. IX-A, Sec. 2]
(6) Ombudsman and his deputies [Const., Art. IX, Sec. 8, par. 2]
(7) All governors, city and municipal mayors [R.A. No. 7160, Sec. 90]
(8) Those who, by special law, are prohibited from engaging in the practice of their legal profession

Relative Prohibition
(1) Senators and House of Representatives members (prohibition to appear) [Const. Art VI, Sec. 14]
(2) Sanggunian Members [RA No. 7160, Sec. 91]

Special Restrictions
Retired judges [RA 910, Sec. 1, as amended]
 A retired justice or judge receiving a pension from the Government cannot act as counsel in
any civil case in which the Government or any of its subdivision or agencies is the adverse
party or in a criminal case wherein an officer or employee of the Gov’t. is accused of an offense
in relation to his office. [R.A. No. 910]
Lawyers authorized to represent the government
 Any person appointed to appear for the Government of the Philippines shall be allowed to appear in
court, subject to pertinent laws.
 OSG
 Prosecutor

B. DUTIES AND RESPONSIBILITIES OF A LAWYER

1. Society
a. Respect for law and legal processes
b. Efficient and convenient legal services
c. True, honest, fair, dignified, and objective information on legal services
d. Participation in the improvements and reforms in the legal system
e. Participation in legal education program
f. Lawyers in government service discharging their tasks