Basic Legal Ethics, PL115 (UST-Central Seminary)

Basic Legal
Ethics,
PL115
Most Rev Joquin Mark P. Laurencio, O.P.
PhD ThD EdD ThD DD
“In Law, it is not what you can do that
matters. It is what you are allowed to
do.”
—Manuel “Chel” Diokno
ic Legal Ethics, PL115 | UST-Central Seminary

Truth
Trust
The
Judicial
Lawyering
System
Profession
What is Ethics?
• A manner of thinking about good and bad;
• A behavior or “system of doing”;
• The way we do, the way we think, the way we
perceive, the way we believe (St. Augustine);
• A scientific method of understanding what is
good behavior (Voltaire);
• The proper behavior and proper thinking.
References
• Valladolid’s Dicusiones, pp. 12-199
• Essays on Ethics by St. Augustine as transcribed by Hen P. Lawrence
What is Ethics?
• It is the manner in which we see, we believe and
especially act;
• Ethics, from the Greek word ethos, means the
way we act and see the world, the character of a
person, the discipline in which one imbues his
character in reference to a wider world and wider
society.
References
• Essays on Ethics by St. Augustine as transcribed by Hen P. Lawrence
What is Ethics?
• Ethics is a scientific, methodological and logical
approach that seeks to understand right from
wrong, the context in which moral decisions are
made and the way we approach moral decisions.
• It seeks to inform the human being of what to
see as right and to do what is right.
References
• Ethics by Voltaire
What are Standards?

• Standards are those criteria that aims to instill
necessary values or characteristics in people or
objects;
• In law, standards are important because we see
what is needed and desired from every member
of bar and bench;
• Standards, when properly observed and enforce,
gives a symbiotic system of trust between the
References
• servants and served (Fr. Gregorio)
Agpalo, Judicial and Legal Ethics
Lawyering Standards
• The Supreme Court, pursuant to its duties
specified in Article VIII, Secs. 4 (2) and 5(5) are
mandated to observe and administer the
Integrated Bar—in accordance to this, the
Supreme Court also ensures the highest, and
most rigid legal operating standards that all
members of bar and bench must follow and
remember to heart.
References
• Agpalo, Judicial and Legal Ethics
Basic Legal Ethics, PL115
Code of Professional Responsibility, The

Lawyer and Society—Chapter 1, selected
Lawyering Standards
• The law is not a trade nor a craft but a
profession. Its basic ideal is to render public
service and secure justice for those who seek
its aid. (Agpalo citing ‘Director of Religious Affairs v. Bayot,
74 Phil. 749 (1944); Ledesma v. Climaco, G.R. No. 12815, June
28, 1974; In re Tagorda, 53 Phil. 37 (1929); People v. Daban,
G.R. No. 31429, January 21,1972. 2Mayer v. State Bar, 2 Call2d
References 71, 39 2d 206 (1934).
Lawyering Standards
A practicing lawyer is constantly confronted
with conflicting loyalties which he must
reconcile. He is answerable not only to his client
whose interest he has to serve with zeal and
devotion but also to the court of which he is an
officer. (Agpalo citing ‘Director of Religious Affairs v.
Bayot, 74 Phil. 749 (1944); Ledesma v. Climaco, G.R. No.
12815, June 28, 1974; In re Tagorda, 53 Phil. 37 (1929);
People v. Daban, G.R. No. 31429, January 21,1972. 2Mayer v.
References
State Bar, 2 Call2d 71, 39 2d 206 (1934).
awyering Standards, comment

The criticism and prejudice against lawyers as a
class stem largely from the failure on the part of
some practitioners to reconcile those conflicting
loyalties, and partly from the way some of them
misinterpret the law to the point of distortion to
achieve their purposes.
References
wyering Standards, history by Agpalo

It was not until 1917 when the Philippine
Bar realized that something more than the
oath and duties of a lawyer was needed to
attain the full measure of public respect to
which the legal profession is entitled.
References
Canon 1, Chapter 1
A lawyer shall uphold the
constitution, obey the laws of
“ the land, and promote respect
for law and legal processes.
References
• Revised Rules of Court, Supreme Court
Canon 1
Lawyers are not unbounded. They cannot just
do anything for the sake of delivering justice
for their clients. As OFFICERS OF THE
COURT they have a moral, as well as
professional duty, to achieve those ends with
utmost professionalism and respect for the
processes of civilized society.
References
Canon 1
Lawyers must take it to heart that they are
not gods, nor are the world on their
fingertips. They are slaves to the constitution,
and are the guardsmen of the laws. His
actions in court: during the exercises of his
actions, and even in his personal life: the
mere existence behind closed doors, must
References
•
reflect the democratic ideal of law, justice,
Revised Rules of Court, Supreme Court
Canon 1
Respect for the law.—Lawyers must be
adherents, disciples, apostles and jealous
guardians of the law, they cannot, nor should,
try to bend the law in order to achieve the
myopic views of justice and law for a small
class of persons.
References
ule 1.02, Canon 1, Chapter 1

A lawyer shall not counsel or
abet activities aimed at
“ defiance of the law or at least
lessening the confidence in
References
the legal system

These standards, pursuant to Art. VIII, Secs.
4 and 5(5) of the 1987 Constitution was
created in order to protect the lawyering
profession and the legal system from erosion
of trust. The legal system is built on trust
between all stakeholders, and if that trust is
lost, all is lost.
References

Lawyers are law incarnate, they represent the
law as is. They must always, and
forevermore after admission to the bar, act
with the highest respect to the law. They
must take first the concerns of the law, and
their clients second.
References

Lawyers must not actively take on actions
that destroy trust in the justice system: such
as taking bribes or giving bribes for their
clients, issue bouncing checks for their
client’s bail, or not reveal to the court the
confession of their clients, or obstruct
evidence, or actively misrepresent evidence.
References

Lawyers are living embodiments of the law,
they are not just people who hold the law in
their heads, but are the real and tangible
representation of the law—the law incarnate.
They are tasked in protecting such not just in
the court but in the actions in their lives.
References
Upang sa lahat ng bagay,

Ang Dios ay
papurihan!
References
• Agpalo R., Judicial and Legal Ethics
(2010), Rex Publishing House, Quezon
City. Pp. 199-200
• Valladolid, P. Dicusiones (1878)
• De Leon, H., De Leon H., Textbook of the
Philippine Constitution (2014). Rex
Publishing House, Quezon City.

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Basic Legal

ic Legal Ethics, PL115 | UST-Central Seminary

What are Standards?

Code of Professional Responsibility, The

awyering Standards, comment

wyering Standards, history by Agpalo

ule 1.02, Canon 1, Chapter 1

ule 1.02, Canon 1, Chapter 1

ule 1.02, Canon 1, Chapter 1

ule 1.02, Canon 1, Chapter 1

ule 1.02, Canon 1, Chapter 1

Upang sa lahat ng bagay,

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