Introduction to Legal & Judicial

Ethics
 What is Ethics
• Ethics is defined as the practical science of
morality of human conduct. It is a science
because it consists of relatively complete and
systematically arranged body of interrelated
data together with causes or reasons by which
these data are known to be true. Ethics is also
defined as “the study of the right and good, i.e.,
right conduct in the affairs of human life, and
the pursuit of good life. (Sahakian and Sahakian,
Realms of Philosophy, p. 75, Philippine Copyright
1970)”
• If the data of a science enrich the mind
without directly implying rules or directions,
the science is speculative x x x. A speculative
science enlarges our knowledge and enhances
our cultural equipment; a practical science
gives us knowledge with definite guidance.
(Glenn, Ethics, A Class Manual in Moral
Philosophy, p ix-x of Introduction, Copyright
1968)”
• The law is profession, a noble calling. If the
law has to remain as a noble and honorable
profession then it goes without saying that the
profession should have ethical standards that
should be observed by the members thereof
in the pursuit or in the exercise of the calling.
• “The ethics of certain profession is the code by
which it regulates actions and sets standards
for its members. The professional code
attempts to assure higher standards of
competence in a given field, strengthen the
relationships among its members, and
promote the welfare of the whole community.
 Integral Parts and Parcels of the Subject
known as “Legal and Judicial Ethics.”
• The Code of Professional
Responsibility,
• The Canons of Professional Ethics,
• Canons of Judicial Ethics,
• Code of Judicial Conduct and
• The Rules of Mandatory Continuing
Legal Education (MCLE),
• Rules 137, 138, 138-A,139-A, 139-B,
140 of the Rules of Court and
• the attorney’s oath of office (Form
28, Judicial Standard Form, under
Rule 144 of the Rules of Court),
Legal and Judicial Ethics as Practical Science

• Legal and Judicial Ethics collectively is a

practical science because the precepts of the
subject are actually rules of conduct supposed
to be observed by the members of the legal
profession in the exercise or practice of the
profession inclusive of the members of the
profession who are “sitting on bench” as
judges or justices, hence the subject Legal and
Judicial Ethics.
Sources of Legal and Judicial Ethics
• The Canons of Professional Ethics (N.B. These are
actually canons of the American Bar Association
[ABA] adopted by the Philippine Bar Association
[PBA] as its own in 1917 and in 1946. The PBA is a
voluntary organization of Filipino Lawyers as
distinguish from the Integrated Bar of the
Philippines [IBP] where membership thereto is
mandatory for all lawyers who are admitted to the
bar by the Philippine Supreme Court; see in Re.
Edillon, 84 SCRA 554 [1978] ),
• Canons of Judicial Ethics (Adm. Order 162, August
1, 1946 of the Department of Justice),
• Code of Judicial Conduct ( Effective Oct. 20, 1989),
• Rules on Mandatory Continuing Legal Education
[MCLE], adopted on August 22, 2000),
• Code of Professional Responsibility (adopted by the
Supreme Court on June 21,1988),
• Rules 137,138,138-A,139-A,139-B,140 of the Rules
of Court and
• the lawyer’s oath.
• The law as a profession is really a dignified, honorable and
a noble calling, this is perhaps the reason why sometimes
lawyers are referred to as priests in the temple of justice.
In order to maintain the dignity and the nobility of the law
as a profession its votaries are required to accord
continuing fidelity (semper fidelis) to the tenets of the
ethics of the profession. “Semper fidelis” (Always faithful)
the motto of the United States Marines equally applies to
the members of the legal profession, that is ALWAYS
FAITHFUL TO THE OATH AND ETHICS OF THE PROFESSION
OF LAW.
 Importance of the Law Profession
• The law profession is an indispensable component
of the system that dispenses justice. More so, it is a
truism in our system of government that “Ours is a
government of laws and not of men”, this principle
is one of the manifestations of “republicanism”
under which principle the Republic of the
Philippines operates, Sec.1 of Art. II of the 1987
Constitution provides inter alia, thus: “The
Philippines is a democratic and republican state. x x
x.”
 Features of the Legal Profession,
Preliminaries
• A member of the Philippine Bar is also known
as “lawyer”, attorney at law”, “attorney”,
“abogado”, “counselor at law’, “counsel”,
“manananggol”, sometimes the lawyer is
referred to as “mambabatas”. The prefixes
“Atty.”, “Abgd.”, “Mggl.” are used by those who
are admitted to the practice of law or licensed
to practice law by no less than the highest
court of the land, i.e., “The Supreme Court.”
Admitted to the Bar vis a vis Called to the Bar

• In the Philippines when an individual is

licensed to practice law that licensed
individual is being referred to as one who is
“admitted to the bar”.
• In the English Legal System an individual who
is licensed to practice law is being referred to
as one who is “called to the bar”.
• Worth mentioning also is that in the
Philippines once an individual is admitted to
the bar that individual has the privilege to
appear in courts of the Philippines as an
attorney and counsellor at law, from the
highest court of the land down to the lowest
court, including administrative bodies
exercising quasi judicial function.
• In the English Legal System which followed the principle
of the so called “split profession” as distinguish from
“fused Profession”, lawyers are classified basically into 2
categories, viz., “solicitor” and “barrister”. The solicitor
can not appear before the superior court, e.g., the House
of Lords (The House of Lords is the Supreme Court in
England), the solicitor is an assistant to the barrister. The
barrister on the other hand is a superior class of lawyers
via a vis the solicitor. Only barristers can appear before
the House of Lords and other superior courts in England.
 Legal Ethics
• The late Chief Justice of the Philippine Supreme Court,
Manuel V. Moran, defined the term “legal ethics” as
the
– “embodiment of all principles of morality
and refinement that should govern the
conduct of every member of the bar.”
• Accordingly, the legal profession, perhaps more
than any other, requires a strong adherence to
ethical standards which guide the profession and
its members.
A. Practice of Law
• The practice of law is not a right but a mere
privilege. It is a privilege impressed with public
interest. “The reason for this is that is that an
attorney, who alone enjoys such privilege,
owes duties not only to his client but also to
the court, to his brethren in the profession
and to the public, and takes part in one of the
most important functions of the state, i.e., the
administration of justice.
• The interest of the public requires that the
function be faithfully discharged and rendered
only by those who are qualified, fit and honest and
who possess good moral character. Only by proper
regulation of the practice of law will the interest of
the public be adequately safeguarded. The
practice of law is so intimately affected with public
interest that it is both a right and a duty of the
state to control and regulate it in order to promote
public welfare. The Constitution vests this power
of control and regulation in the Supreme Court.
• Independently or even in the absence of such
constitutional provision, the right to define
and regulate the practice of law naturally and
logically belongs to the judiciary represented
by the highest tribunal since the practice of
law is inseparably connected with the exercise
of its judicial power in the administration of
justice. (Agpalo, op. cit., p.4-5, citing in Re
Integration of the Philippine Bar, 49 SCRA 22,
et. seq.)”
 Supervision and Control of the Legal
Profession
• A. CONSTITUTIONAL BASIS [1987 Constitution,
Article VIII, Sec. 5(5)] The Supreme Court has
the power to promulgate rules pleading,
practice, and procedure in all courts, the
admission to the practice of law, the
Integrated Bar, and legal assistance to the
under-privileged.
• The provision recognizes the disciplinary authority
of the Court over the members of the bar to be
merely incidental to the Court's exclusive power
to admit applicants to the practice of law [Garrido
v. Garrido, A.C. 6593 (2010)].
• In the judicial system from which ours has been
evolved, the admission, suspension, disbarment
and reinstatement of attorneys at law in the
practice of the profession and their supervision
have been disputably a judicial function and
responsibility [In re: Cunanan, 94 Phil 534 (1954)].
• Who may Practice Law (Sec. 1, Rule 138) :
– Any person duly admitted as member of the bar
– hereafter admitted as such in accordance with the
provisions of this rule
– is in good and regular standing
• The practice of law is a sacred and noble
profession. It is limited to persons of good
moral character with special qualifications
duly ascertained and certified. (Prieto vs.
Corpuz, et al., A.C. No. 6517, December 6,
2006). 
1. Concept
– Practice of law means any activity, in or out
of court, which requires the application of
law, legal procedure, knowledge, training
and experience. It is to give notice or render
any kind of service, which device or service
requires the use in any degree of legal
knowledge or skill. (111 ALR 23 as cited in
Cayetano v. Monsod, 201 SCRA 210)
– Interpreted in the light of the various definitions of
the term “Practice of law” particularly the modern
concept of law practice, and taking into
consideration the liberal construction intended by
the framers of the Constitution, Atty. Monsod's past
work experiences as a lawyer-economist, a
lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-
legislator of both the rich and the poor
— verily more than satisfy the constitutional
requirement — that he has been engaged in the
practice of law for at least ten years. (Cayetano v.
Monsod, 201 SCRA 210)
• Re: Letter of the UP Law Faculty entitled “Restoring Integrity: A
statement by the Faculty of the University of the Philippines College
of Law on the allegations of plagiarism and misrepresentation in the
Supreme Court,” A.M. No. 10-10-4-SC, March 8, 2011.
• It would do well for the Court to remind
respondent law professors that, in view of the
broad definition in Cayetano v. Monsod, lawyers
when they teach law are considered engaged in
the practice of law.  Unlike professors in other
disciplines and more than lawyers who do not
teach law, respondents are bound by their oath
to uphold the ethical standards of the legal
profession. 
• Thus, their actions as law professors must be
measured against the same canons of
professional responsibility applicable to acts of
members of the Bar as the fact of their being
law professors is inextricably entwined with
the fact that they are lawyers.  
• (a) Privilege

• The practice of law is not a property right but

a mere privilege and must bow to the inherent
regulatory power of the court to exact
compliance with the lawyer’s public
responsibilities; (Pineda, Legal & Judicial Ethics, p.11)
• the practice of law is not a right but a privilege
bestowed by the State upon those who show that
they possess, and continue to possess, the
qualifications required by law for the conferment
of such privilege.  Membership in the bar is a
privilege burdened with conditions. 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. (Alcantara, et. al. vs. De Vera, A., C. 5859)
• (b) Profession, Not Business
• Time and time again, lawyers are reminded
that the practice of law is a profession and not
a business; lawyers should not advertise their
talents as merchants advertise their wares. 
• To allow a lawyer to advertise his talent or
skill is to commercialize the practice of law,
degrade the profession in the public’s
estimation and impair its ability to efficiently
render that high character of service to which
every member of the bar is called. (Linsangan vs.
Tolentino, G.R. No. 6672)  
• The primary characteristics which distinguish
the legal profession from business are:
– (a) “a duty of public service of which
emolument is a by-product, and in which
one may attain the highest eminence
without making much money”,
– (b) “a relation as officer of the court to the
administration of justice involving thorough
sincerity, integrity, and reliability”,
– (c) “a relation to client in the highest degree
fiduciary”, and
– (d) “a relation to colleagues at the 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”.
• (PCGG vs. SB, et al.) 
• These characteristics make the law a noble
profession, and the privilege to practice it is
bestowed only upon individuals who are
competent intellectually, academically and
morally. Its basic ideal is to render service and
to secure justice for those who seek its aid. If
it has to remain a noble and honorable
profession and attain its ideal, those enrolled
in is ranks should
• not only master its tenets and principles but
should also, by their lives, accord continuing
fidelity to them. And because they are the
vanguards of the law and the legal systems,
lawyers must at all times conduct themselves
in their professional and private dealings with
honesty and integrity in a manner beyond
reproach.
2. Qualifications
– Possess the Academic/Educational Requirement
(Pre-Law and Law course)
– Must have passed the Bar examinations with the
possession of good moral character which he must
hold and continue to possess even after he has
been admitted to the legal profession.
– Must have taken the lawyer’s oath before the
Supreme Court followed later by his signing of the
Roll of Attorneys where he is assigned a permanent
number
– Have been issued a Certificate of Membership by
the Clerk of Court of the Supreme Court.
 Requirements for Admission
to the Bar (Rule 138)
– had pursued and satisfactorily completed in
an authorized and recognized university or
college, a bachelor's degree in arts or;
– have regularly studied law for four years, and
successfully completed all prescribed
courses, in a law school or university,
officially approved and recognized by the
Legal Education Board.
– must be a citizen of the Philippines;
– at least twenty-one years of age;
– of good moral character; and
– resident of the Philippines; and
– must produce before the Supreme Court
satisfactory evidence of good moral
character, and
– that no charges against him, involving moral
turpitude, have been filed or are pending in
any court in the Philippines.
3. Appearance of Non-Lawyers
• (a) Law Student Practice (Rule 138-A)
– A law student who has successfully completed his
3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school's clinical legal education program approved
by the Supreme Court, may appear without
compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or officer,
to represent indigent clients accepted by the legal
clinic of the law school.
– The appearance of the law student authorized by this
rule, shall be under the direct supervision and control
of a member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic.
– (June 10, 1997 in Bar Matter No. 730) Court En Banc
clarified that the said Rule, however, is different if the
law student appears before an inferior court, where
the issues and procedure are relatively simple. In
inferior courts, a law student may appear in his
personal capacity without the supervision of a lawyer. 
• (b) Non-Lawyers in Courts
– Section 34, Rule 138 provides that In the court of a
municipality, a party may conduct his litigation in
person, with the aid of an agent or friend
appointed by him for that purpose, or with the aid
of an attorney. In any other court, a party may
conduct his litigation personally or by aid of an
attorney, and his appearance must be either
personal or by a duly authorized member of the
bar.
• The Supreme Court had ruled that Section 34,
Rule 138 is clear that appearance before the
inferior courts by a non-lawyer is allowed,
irrespective of whether or not he is a law
student.  As succinctly clarified in Bar Matter
No. 730, by virtue of Section 34, Rule 138, a
law student may appear, as an agent or a
friend of a party litigant, without the
supervision of a lawyer before inferior courts
Cruz vs. Mina (GR No. 154207, April 27, 2007).
• (c) Non-Lawyers in Administrative
Tribunals
– Labor Code, non-lawyers may appear before
the NLRC or any labor arbiter if (1) they
represent themselves, or (2) represent their
organization or members thereof (Art. 222, P.D.
442 as amended)
– Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court;
– Proceedings before the National Commission on
Indigenous Peoples if (1) party to the case; (2)
represents an organization or its members; (3)
duly accredited member of any legal aid office; (4)
NCIP-accredited paralegal aide
– Proceedings before the Energy Regulatory
Commission Any non-lawyer who satisfies the
Commission or the presiding officer that he or she
possesses the expertise to render valuable service
to a party and assist it in the presentation of
matters before the Commission, may be allowed
to appear on behalf of a party
• (d) Proceedings Where Lawyers Prohibited
from Appearing
– Lawyers are prohibited from participating in the
small claims proceedings, unless it is the lawyer
who is filing a small claims suit in his own behalf. 
–  lawyers are prohibited from appearing  for any
of the parties in the conciliation proceedings
under the Katarungang Pambarangay 
Sanctions for Practice or Appearance Without
Authority
• (a) Lawyers Without Authority
– Under Section 21, Rule 138 of the Rules of
Court, an attorney is presumed to be
properly authorized to represent any cause
in which he appears, and no written power
of attorney is required to authorize him to
appear in court for his client, but the
presiding judge may, on motion of either
party and on reasonable grounds therefor
• being shown, require any attorney who
assumes the right to appear in a case to
produce or prove the authority under which he
appears, and to disclose, whenever pertinent to
any issue, the name of the person who
employed him, and may thereupon make such
order as justice requires. An attorneys willfully
appear in court for a person without being
employed, unless by leave of the court, may be
punished for contempt as an officer of the court
who has misbehaved in his official transactions.
• (b) Persons Not Lawyers
– WHEREFORE, Elmo S. Abad is hereby ordered
to pay a fine of P12,000.00 within ten (10)
days from notice, failing which he shall be
imprisoned for twenty (20) days. (Bar Matter No. 139
October 11, 1984, RE: ELMO S. ABAD, 1978 Successful Bar Examinee,
ATTY. PROCOPIO S. BELTRAN, JR., President of the Philippine Trial
Lawyers Association. Inc., Complainant, vs. ELMO S. ABAD, Respondent.)
• Verily, respondent was engaged in the practice of law
when he appeared in the proceedings before the
MBEC and filed various pleadings, without license to
do so. Evidence clearly supports the charge of
unauthorized practice of law. Respondent called
himself "counsel" knowing fully well that he was not
a member of the Bar. Having held himself out as
"counsel" knowing that he had no authority to
practice law, respondent has shown moral unfitness
to be a member of the Philippine Bar. WHEREFORE,
respondent Edwin L. Rana is DENIED admission to the
Philippine Bar. (B. M. No. 1036, June 10, 2003,
Aguirre vs. Rana)
 5. Public Officials And Practice of Law
a) Prohibition or Disqualification of Former
Government Attorneys
• Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
Government cannot act as counsel in any civil case
wherein a LGU or any office, instrumentality of
the government is the adverse party or counsel in
any criminal case wherein an officer or employee
of the national or local government is accused of
an offense committed in relation to his office;
• Rule 6.03 provides that a lawyer shall not, after
leaving government service, accept engagement
or employment in connection with any matter in
which he had intervened while in the said service.
• Prohibition of Section 7 of RA 6713 continue to
apply for a period of 1 year after the public official
or employee’s resignation, retirement or
separation from service. The one year prohibited
period applies with respect to any matter before
the office the public officer or employee used to
work with.
• This case involves the proper interpretation of Section 7(b)
(2) of Republic Act (R.A.) No. 6713, as amended (Code of
Conduct and Ethical Standards for Public Officials and
Employees), which places a limitation on public officials
and employees during their incumbency, and those already
separated from government employment for a period of
one (1) year after separation, in engaging in the private
practice of their profession
• Atty. Buffe previously worked as Clerk of Court VI of the
Regional Trial Court (RTC), Branch 81 of Romblon. She
resigned from her position effective February 1, 2008.
Thereafter (and within the one-year period of prohibition
mentioned in the above-quoted provision), she engaged in
the private practice of law by appearing as private counsel
in several cases before RTC-Branch 81 of Romblon.
• The Supreme Court fined Atty. Karen M. Silverio-
Buffe in the amount of Ten Thousand Pesos for
professional misconduct under Rule 1.01 of Canon 1
and Canon 7 of the Code of Professional
Responsibility, with a stern warning that a repetition
of the violation and the commission of other acts of
professional misconduct shall be dealt with more
severely by the Court. (“QUERY OF ATTY. KAREN M. SILVERIO-
BUFFE, FORMER Clerk of Court – BRANCH 81, ROMBLON, ROMBLON –
ON THE PROHIBITION FROM ENGAGING IN THE PRIVATE PRACTICE OF
LAW, EN BANC, A.M. No. 08-6-352-RTC , August 19, 2009”)
• Why Government Lawyers are Disqualified in
Representing a Client on matters in which they intervened
when in Office?
• They are the adverse-interest conflict and the congruent-
interest representation conflict. http://www.batasnatin.com
– In the “adverse-interest conflict” a former government lawyer is
enjoined from representing a client in private practice is the
matter is substantially related to a matter that the lawyer dealt
with while employed by the government and if the interests of
the current and former clients are adverse. It must be observed
that the “adverse-interest conflict” applies to all lawyers in that
they are generally disqualified from accepting employment in a
subsequent representation if the interests of the former client
and the present client are adverse and the matters involved are
the same or substantially related.
• On the other hand, in “congruent-interest conflict”,
the disqualification does not really involve a conflict
at all, because it prohibits the lawyer from
representing a private practice client even if the
interests of the former government client and the
new client are entirely parallel. The “congruent-
interest representation conflict”, unlike the “adverse-
interest conflict”, is unique to former government
lawyers. (PCGG vs. SB, et al.)
• b) Public officials who cannot practice law or with
restrictions
– Under the constitution, no Senator or member of the
House of Representative may personally appear before
any court of justice or before the Electoral Tribunals or
quasi-judicial and other administrative bodies (Art. VI, Sec.
14, 1987 Constitution)
– Sangguniang members may practice their professions,
provided that if they are members of the Bar, they shall
not: (Local Government Code R.A. 7160)
• Appear as of counsel before any court in any civil case wherein
a LGU or any office, instrumentality of the government is the
adverse party;
• Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an
offense committed in relation to his office;
• Section 7 of RA 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 professions during their
incumbency except:
– a. the private practice is authorized by the
Constitution or by the law;
– b. the practice will not conflict, or tend to
conflict, with his or her official functions.
6. Lawyers authorized to represent the
government
• Any official or other person appointed or
designated in accordance with law to appear
for the Government of the Philippines shall
have all the rights of a duly authorized
member of the bar to appear in any case in
which said government has an interest direct
or indirect. (Sec. 33, Rule 138)
 7. Lawyer’s Oath (MEMORIZE)
• I, ______________, of ________________ do solemnly
swear that I will maintain allegiance to the Republic of the
Philippines; I will support its 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 nor 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.