LEGAL ETHICS is a branch of moral science, which treats of the

duties which an attorney owes to the court, to the client, to his

colleagues in the profession and to the public as embodied in the
Constitution, Rules of Court, the Code of Professional Responsibility,
Canons of Professional Ethics, jurisprudence, moral laws and special
laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications
Present Basis of the Philippine Legal System: Code of
Professional Responsibility.
BAR V. BENCH
BAR Refers to the whole body of attorneys and body of
judges.
BENCH denotes the whole body of counselors, collectively
the members of the legal profession.
Practice of Law any activity, in or out of court which requires the
application of law, legal procedure, knowledge, training and
experience. To engage in the practice of law is to give notice or
render any kind of service, which or devise or service requires the
use in any degree of legal knowledge or skill (Cayetano v. Monsod,
201 SCRA 210).
Attorney-at-law/Counsel-at-law/ Attorney/ Counsel/ Abogado/
Boceros: that class of persons who are licensed officers of the
courts, empowered to appear prosecute and defend and upon whom
peculiar duties, responsibilities, and liabilities are developed by law
as a consequence (Cui v. Cui, 120 Phil. 729).
Attorney in fact an agent whose authority is strictly limited by the
instrument appointing him, though he may do things not mentioned in
his appointment necessary to the performance of the duties
specifically required of him by the power of attorney appointing him,
1

such authority being necessarily implied. He is not necessarily a

lawyer.
Counsel de Oficio a counsel, appointed or assigned by the court,
from among members of the Bar in good standing who, by reason of
their experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the
court may appoint any person, resident of the province and good
repute for probity and ability, to defend the accused. Sec. 7, Rule
116, Rules of Court.
Attorney ad hoc a person named and appointed by the court to
defend an absentee defendant in the suit in which the appointment is
made (Bienvenu v. Factors of Traders Insurance Cp.,
33 La.Ann.209)
Attorney of Record one who has filed a notice of appearance and
who hence is formally mentioned in court records as the official
attorney of the party. Person whom the client has named as his agent
upon whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel to distinguish them from attorneys of record, associate
attorneys are referred to as of counsel (5 Am. Jur. 261).
Lead Counsel The counsel on their side of a litigated action who is
charged with the principal management and direction of a partys
case.
House Counsel Lawyer who acts as attorney for business though
carried as an employee of that business and not as an independent
lawyer.
Bar Association an association of members of the legal
profession.
Advocate The general and popular name for a lawyer who pleads
on behalf of someone else.

Barrister (England) a person entitled to practice law as an

advocate or counsel in superior court.
Proctor (England) Formerly, an attorney in the admiralty and
ecclesiastical courts whose duties and business correspond to those
of an attorney at law or solicitor in Chancery.
Titulo de Abogado it means not mere possession of the academic
degree of Bachelor of Laws but membership in the Bar after due
admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the
practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5)
provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) 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 under privileged.
The Supreme Court acts through a Bar Examination Committee in
the Exercise of his judicial function to admit candidates to the legal
profession.
The Bar Examination Committee:
Composed of one (1) member of the Supreme Court who acts
as Chairman and eight (8) members of the bar.
The 8 members act as examiners for the 8 bar subjects with
one subject assigned to each.
The Bar Confidant acts as a sort of liaison officer between the
court and the Bar Chairman on the other hand, and the
individual members of the committee on the other. He is at the
same time a deputy clerk of court.
Admission of examinees is always subject to the final approval
of the court.
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Practice of Law
The practice of law is a privilege granted only to those who possess
the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS
required of lawyers who are instruments in the effective and efficient
administration of justice. (In Re: Argosino, 1997).
Requirements for admission to the Bar:
1. Citizen of the Philippines
2. At least 21 years old
3. Of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
a. Good moral character
b. No charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines.
Requirement of Good Moral Character: a continuing requirement;
good moral character is not only a condition precedent for admission
to the legal profession, but it must also remain intact in order to
maintain ones good standing in that exclusive and honored fraternity.
(Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1. A bachelors degree in arts and sciences (pre-law course)
2. A completed course in:
a. civil law
b. commercial law
c. remedial law
d. public international law
e. private international law
f. political law
g. labor and social legislation
h. medial jurisprudence
i. taxation
j. legal ethics

Non-lawyers who may be authorized to appear in court:

1. Cases before the MTC: Party to the litigation, in person OR
through an agent or friend or appointed by him for that purpose
(Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly
licensed member of the Bar is not available: the judge may
appoint a non-lawyer who is:
a. resident of the province
b. of good repute for probity and ability to aid the accused in
his defense (Rule 116, Sec. 7, RRC).
4. Legal Aid Program A senior law student, who is enrolled in a
recognized law schools clinical education program approved by
the supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the
Legal Clinic of the law school. The student shall be under the
direct supervision and control of an IBP member duly accredited
by the law school.
5. Under the Labor code, non-lawyers may appear before the
NLRC or any Labor Arbiter, if
a. they represent themselves, or if
b. they represent their organization or members thereof (Art
222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant
before the Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of
Law in the Philippines:
1. Judges and other officials as employees of the Supreme
Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their
deputies and assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2,
1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution)

7. All governors, city and municipal mayors (R.A. No. 7160, Sec.
90).
8. Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1. No Senator as member of the House of Representative may
personally appear as counsel before any court of justice as
before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)
Sanggunian members may practice their professions provided
that if they are members of the Bar, they shall not:
a. appear as counsel before any court in any civil case
wherein a local government unit or any office, agency, or
instrumentality of the government is the adverse party;
b. 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;
c. collect any fee for their appearance in administrative
proceedings involving the local government unit of which he
is an official;
d. use property and personnel of the government except when
the Sanggunian member concerned is defending the
interest of the government.
3. 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 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 Government is accused of an offense
in relation to his office.
Attorneys Oath:
I, __________________, 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 willingly nor wittingly
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
6

conduct myself as a lawyer according to the best of my knowledge

and discretion, with all good fidelity as well to the court as to my
clients; and I impose upon myself this voluntary obligations without
any mental reservation or purpose of evasion. So help me
God. (Form 28, RRC)
Nature of Lawyers Oath
The lawyers oath is not mere facile words, drift and hollow, but
a sacred trust that must be upheld and kept inviolable.
(Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every
lawyer should at all times weigh his actions according to the
sworn promises he made when taking the lawyers oath. (In Re:
Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
CODE OF PROFESSIONAL RESPONSIBILITY
Chapter 1:Lawyer and Society
CANON 1 A lawyer shall uphold the constitution, obey the laws of
the land and promote respect for law and for legal processes.
*** Lawyers must not only uphold and obey the Constitution and the
laws but also Legal orders or processes of courts.
People vs. Tuanda, Adm. Case No. 3360 (Jan. 30, 1990)
The nature of the office of an attorney at law requires that she
shall be a person of good moral character. This qualification is not only
a condition precedent to an admission to the practice of law; its
continued possession is also essential for remaining in the practice of
law.
Rule 138, Section 27, ROC
The commission of unlawful acts, especially crimes involving moral
turpitude, acts of dishonesty in violation of the attorneys oath, grossly
immoral conduct and deceit are grounds for suspension or disbarment
of lawyers.
Tolosa vs. Cargo, 171 SCRA 21(1989)

As officers of the court, lawyers must only in fact be of good moral

character but must also be seen to be of good moral character and
living lives in accordance with the highest moral standards of the
community. A member of the Bar and officer of the court is not only
required to refrain from adulterous relationships or the keeping of
mistress, but must also behave as to avoid scandalizing the public by
creating the belief that he is flouting such moral standard.

A. Duties of Attorneys:
1. to maintain allegiance to the Republic of the Philippines and to
support the Constitution and obey the laws of the Philippines;
2. to observe and maintain the respect due to the courts of justice
and judicial officers;
3. to counsel or maintain such actions or proceedings only as
appear to him as just, and such defenses only as he believes to
be honestly debatable under the laws;
4. to employ, for the purpose of maintaining the causes confided
to him, such means only as are consistent with truth and honor,
and never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
5. to maintain inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client, and to accept no
compensation in connection with his clients business except
from him or with his knowledge and approval;
6. to abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged;
7. not to encourage either the commencement or the continuance
of an action or proceeding, or delay any mans cause for any
corrupt motive or interest;
8. never to reject, for any consideration personal to himself, the
cause of the defenseless or oppressed;
9. in the defense of a person accused of a crime, by all fair and
honorable means, regardless of his personal opinion as to the
guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or
liberty, but by due process of law.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.


1.
2.
3.
4.
5.
6.
7.

Conviction for crimes involving moral turpitude a number of

lawyers have been suspended or disbarred for conviction of
crimes involving moral turpitude such as:
estafa
bribery
murder
seduction
abduction
smuggling
falsification of public documents

Morality as understood in law This is a human standard

based on natural moral law which is embodied in mans
conscience and which guides him to do good and avoid evil.
Moral Turpitude: any thing that is done contrary to justice,
honesty, modesty or good morals.
Immoral Conduct: that conduct which is willful, flagrant, or
shameless and which shows a moral indifference to the opinion
of the good and respectable members of the community (Arciga
vs. Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so corrupt and false as
to constitute a criminal act or so unprincipled or disgraceful as to
be reprehensible to a high degree; it is a WILLFUL, FLAGRANT
or SHAMELESS ACT which shows a MORAL INDIFFERENCE
to the opinion of respectable members of the community. (Narag
vs. Narag, 1998)
NON-PROFESSIONAL MISCONDUCT
Lizaso vs. Amante, 198 SCRA (1991)
x x x misconduct indicative of moral unfitness, whether relating to
professional or non-professional matters, justifies suspension or
disbarment.
x x x an attorney may be removed or otherwise disciplined not only
for malpractice and dishonesty in his profession, but also for gross
misconduct not connected with his professional duties, which showed
him unfit for the office and unworthy of the privileges which his license
and the law confer to him.

Constantino v. Saludares, 228 SCRA 233 (1993)

While it is true that there was no attorney-client relationship between
respondent and complainant, it is well settled that an attorney may be
removed or otherwise disciplined not only for malpractice and
dishonesty in the profession, but also for gross misconduct not
connected with his professional duties, showing him to be unfit for the
office and unworthy of the privileges which his license and the law
confer upon him.
Some cases of Dishonesty and Deceit which Merited Discipline
by the Supreme Court.
1. Misappropriation of clients funds
2. Act of fraudulently concealing dutiable importation or smuggling
3. Giving false statements under oath in an Information Sheet
submitted in connection with the lawyers application for the position
of Chief of Police
4. Wanton falsehood made in an ex parte petition in court wherein the
lawyer attached affidavit of his grandfather and which affidavit he
notarized knowing that the supposed affiant is already dead
5. Maneuvering reconveyance of property in the name of a lawyer
instead of the client in a case involving sale with pacto de retro
6. Submission or presentation of mutilated copies of certain documents
to court for the purpose of deceiving and misleading it
7. Falsification of grades in the Bar Examinations
8. Collecting several thousand pesos on the pretense that counsel
would allegedly appeal the complaints case to the Supreme Court of
the United States, and that it was necessary to him to go to
Washington, D.C. which he did, knowing that the decision could no
longer be appealed because it is already final
9. Introducing someone to buy a piece of land knowing that it is not for
sale
10. Delayed failure to account money collected for the client
11. Stealing evidence attached to the court records
Instances of Gross Immorality and the Resulting
Consequences:
1. Abandonment of wife and cohabiting with another woman.
Disbarred.
2. Bigamy perpetrated by the lawyer. Disqualified from admission to
the Bar
3. A lawyer who had carnal knowledge with a woman through a
promise of marriage which he did not fulfill. Disbarred.
4. Seduction of a woman who is the niece of a married woman with
whom the respondent lawyer had adulterous relations. Disbarred.
5. Lawyer arranging the marriage of his son to a woman with whom
the lawyer had illicit relations. After the marriage of the woman
10

6.
7.

8.
9.

to the respondents son, he continued his adulterous relations

with her. Disbarred
Lawyer inveigling a woman into believing that they had been
married civilly to satisfy his carnal desires. Disbarred
Lawyer taking advantage of his position as chairman of the
college of medicine and asked a lady student to go with him to
manila where he had carnal knowledge of her under threat that if
she refused , she would flunk in all her subjects. Disbarred
Concubinage coupled with failure to support illegitimate children.
Suspended indefinitely
Maintaining adulterous relation ship with a married woman.
Suspended indefinitely

Rule 1.02 A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal system.
Canon 32, CPE
A lawyer should not render any service or advice to any client no
matter how powerful or important is the cause which will involve
disloyalty to the laws of the country which he is bound to uphold and
obey.
Canon 15, CPE
The great trust of the lawyer is to be performed within and without the
bounds of the law. The office of attorney does not permit, much less
does it demand of him any client, violation of law or any manner of
fraud or chicanery. He must obey his own conscience and not that of
his client.
Cosmos Foundry Shop Workers Union vs. Lo Bu, 63 SCRA 321
He was of course expected to defend his clients cause with zeal, but
not at the disregard of the truth and in defiance of the clear purpose of
labor statutes.
In re:1989 IBP Elections, 178 SCRA 398
Respect for law is gravely eroded when lawyers themselves, who are
supposed to be minions of the law, engage in unlawful practices and
cavalierly brush aside the very rules that the IBP formulated for their
observance.

11

Rule 1.03 A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any mans cause.
Barratry is the offense of frequently exciting and stirring up quarrels
and suits, either at
law or otherwise. It is the lawyers act of fomenting suits among
individuals and offering his legal
services to one of them.
Canon 28, CPE
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,
except in rare cases where ties of blood, relationship or trust make his
duty to do so. The purpose of the prohibition is to prevent ambulance
chasing, which refers to solicitation of almost any kind of legal business
by laymen employed by an attorney for the purpose or by the attorney
himself. For ambulance chasing has spawned recognized evils such as:
a. fomenting of litigation with resulting burdens on the courts and the
public;
b. subornation of perjury;
c. mulcting of innocent persons by judgments, upon manufactured
causes of actions, and
d. defrauding of injured persons having proper causes actions but
ignorant of legal rights and court procedure by means of contracts
which retain exorbitant percentages of recovery and illegal charges for
court costs and expenses and by settlement made for quick returns of
fees and against the just rights of the injured persons.
Cobb-Perez vs. Lantin, 24 SCRA 291
Lawyers duty is to resist the whims and caprices of his client and to
temper his clients propensity to litigate.
Castaneda vs. Ago, 65 SCRA 512
It is the duty of a counsel to advise his client ordinarily a layman to the
intricacies and vagaries of the law, on the merit or lack of merit of his
case. If he finds that his clients cause is defenseless, it is his bouden
duty to advise the latter to acquiesce and submit, rather than traverse
the inconvertible. A lawyer must resist the whims and caprices of his
client, and temper his propensity to litigate. A lawyers oath to uphold
the cause of justice is superior to his duty to his client; its primacy
indisputable.
Significance of an Attorneys Signature on a Pleading
Rule 7 Sec.5

12

Xxx The signature of an attorney constitutes certificate by him that he

has read the pleading; that to the best of his knowledge, information
and belief there is good ground to support it; and that it is not
interposed for delay. Xxx For a willful violation of this rule an attorney
may be subjected to appropriate disciplinary action.

Rule 1.04 A lawyer shall encourage his clients to avoid, end or

settle the controversy if it will admit of a fair settlement.
A compromise is as often the better part of justice as prudence is the
better part of valor and a lawyer who encourages compromise is no
less the clients champion in settlement out of court than he is the
clients champion in the battle of court.
De Yaasi III v. NLRC, 231 SCRA 173 (1994)
The useful function of a lawyer is not only to conduct litigation but also
to avoid it whenever possible by advising settlement or withholding
suit. He should be a mediator for concord and conciliator for
compromise, rather than a virtuoso of technicality in the conduct of
litigation.
Melendrez vs. Decena, 176 SCRA 662
A lawyer cannot, without special authority, compromise his clients
litigation or receive anything in discharge of the clients claim but the
full amount in cash. A compromise entered into without authority is
merely unenforceable. However, a lawyer has the exclusive
management of the procedural aspect of the litigation including the
enforcement of rights and remedies of the client.

If a lawyer finds that his clients cause is defenseless, it is his

burden/duty to advise the latter to acquiesce and submit, rather
than traverse the incontrovertible.
It is unprofessional for a lawyer to volunteer advice to bring a
lawsuit, except in rare cases where the blood, relationship or
trust makes it his duty to do so.
Temper clients propensity to litigate.
Should not be an instigator of controversy but a mediator for
concord and conciliator for compromise.
The law violated need not be a penal law. Moral Turpitude
everything which is done contrary to justice, honesty, modesty or
good morals.

13

Give advice tending to impress upon the client and his

undertaking exact compliance with the strictest principles of
moral law.
Until a statute shall have been construed and interpreted by
competent adjudication, he is free and is entitled to advise as to
its validity and as to what he conscientiously believes to be its
just meaning and extent.
A lawyer has the obligation not to encourage suits. This is so as
to prevent barratry and ambulance chasing.
Barratry offense of frequently exciting and stirring up quarrels
and suits, either at law or otherwise; Lawyers act of fomenting
suits among individuals and offering his legal services to one of
them.
Ambulance Chasing Act of chasing victims of accidents for
the purpose of talking to the said victims (or relatives) and
offering his legal services for the filing of a case against the
person(s) who caused the accident(s).

CANON 2 A lawyer shall make his legal services available in an

efficient and convenient manner compatible with the independence,
integrity and effectiveness of the profession.
Legal services should not only be efficient but should also be available
and accessible to those who need them in a manner compatible with
the ethics of the profession. A lawyer who accepts professional
employment should be in a position to render efficient and effective
legal assistance, otherwise he should help find another lawyer who is
qualified and able to do so.

Rule 2.01 A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or oppressed.
Canon 4, CPE
A lawyer assigned as counsel for an indigent prisoner must not ask to
be excused for any trivial reason and should always exert his best
efforts in his behalf.
People vs. Holgado, 85 Phil. 752

14

The duty of a lawyer to accept the cause of the defenseless and the
oppressed empowers the court to require him to render professional
services to any party in a case, if the party is without means to employ
an attorney and the services of a lawyer are necessary to protect the
rights of such party or secure the ends of justice or to designate him as
counsel de officio for an accused if the latter is unable to employ a
counsel de parte.

Rule 2.02 In such a case, even if a lawyer does not accept a

case, he shall not refuse to render legal advise to the person
concerned if only to the extent necessary to safeguard latters
rights.
If the reason for non-acceptance of a case is conflict of interest, a
lawyer must refrain from giving legal advice because a lawyer-client
relationship is established and may lead to violation of the rule against
representing conflicting interests.

Rule 2.03 a lawyer shall not do or permit to be done any act

designed primarily to solicit legal business.
The solicitation of employment by an attorney is a ground for
disbarment or suspension. The best advertisement for a lawyer is a
well-deserved reputation for competence, honesty and fidelity to
private trust and public duty.
Rule 138, Sec. 27, Rules of Court
The law prohibits lawyers from soliciting cases for the purpose of gain,
either personally or through paid agents or brokers, and makes the act
malpractice. A lawyer who agrees with a non-lawyer to divide
attorneys fees paid by clients supplied or solicited by the non-lawyer is
guilty of malpractice, the same being a form of solicitation of cases.

Characteristics which distinguishes the legal profession

from business:

1. duty of service, of which the emolument is a by product, and in

which one may attain the highest eminence without making such
money;
2. a relation as an officer of court to the administration of justice
involving thorough sincerity, integrity and reliability;
3. a relation to clients in the highest degree of fiduciary;
15

4. 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 with
their clients.
Defenseless not in the position to defend themselves due to
poverty, weakness, ignorance or other similar reasons.
Oppressed victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy
and effective advertisement possible is the establishment of a
well-merited reputation for professional capacity and fidelity to
trust.
Lawyers may not advertise their services or expertise nor should not
resort to indirect advertisements for professional employment, such
as furnishing or inspiring newspaper comments, or procuring his
photograph to be published in connection with causes in which the
lawyer has been engaged or concerning the manner of their conduct,
the magnitude of the interest involved, the importance of the lawyers
position, and all other self-laudation.

Exceptions/ Permissible advertisements (Ulep vs. Legal Clinic

223 SCRA 378):
1. Publication of reputable law lists, in a manner consistent with the
standards of conduct imposed by the canons, or brief biographical and
informative data.
2. The use of ordinary simple professional card. The card contain only a
statement of his name, the name of the law firm which he is connected
with, address, telephone no., and special branch of law practiced.
3. Publication or a public announcement of the opening of a law firm or
of changes in the partnership, associates, firm name or office address,
being for the convenience of the profession.
In re: Tagorda, 53 Phil. 37 (1929)
To allow a lawyer to advertise his talent or skill is to commercialize the
practice of law, lower the profession in public confidence and lessen his
ability to render efficiently that high character of service to which
every member of the bar is called. It destructive of the honor of a great
profession. It lowers the standards of that profession.

16

It works against the confidence of the community in the integrity of the

members of the bar. It
results in needless litigation and in incenting to strife otherwise
peacefully inclined citizens.

Rule 2.04 A lawyer shall not charge rates lower than those
customarily or prescribed, unless circumstances so warrant.
***What the rule prohibits is the competition in the matter of charging
fees for professional services for the purpose of attracting prospective
clients in favor of the lawyer who offers lower rates. The rule does not
prohibit a lawyer from collecting a reduced or no fee at all from a
person who would have difficulty in paying the fee usually charged for
the service.(Agpalo)

A lawyer cannot delay the approval of a compromise agreement

entered into between parties, just because his attorneys fees
were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients
consent (special authority). Exception: Lawyer has exclusive
management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented. But in
case where lawyer is confronted with an emergency and
prompt/urgent action is necessary to protect clients interest and
theres no opportunity for consultation, the lawyer may
compromise.
Rule: Refrain from charging rates lower than the customary
rates.
Valid Justification: relatives, co-lawyers, too poor

CANON 3 A lawyer in making known is legal services shall use

only true, honest, fair dignified and objective information or
statement of facts.

17

Rule 3.01 A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-auditory or
unfair statement or claim regarding his qualifications or legal
services.
Violation of Rule 3.01 is unethical, whether done by him
personally or through another with his permission.
Canon 27 of the Canon of Professional Ethics
The canons of the profession that tell the best advertising
possible for a lawyer is well merited reputation for professional
capacity and fidelity to trust, which must be earned as the
outcome of character and conduct.
Any false pretense therefore by a lawyer intended to defraud,
mislead or deceive to tout on his qualifications or quality of his
legal services is unethical whether done by him personally or
through another with his permission.
The proffer of free legal services to the indigent, even when
broadcast over the radio or tendered through circulations of
printed matter to the general public, offends no ethical rule.

Rule 3.02 In the choice of a firm name, no false, misleading, or

assumed name shall be used. The continued use of the name of
a deceased partner is permissible provided that the firm
indicates in all its communication that said partner is deceased.
A group of lawyers who deserve to establish a partnership for general
practice of law may adopt a firm name. However, no false name or
misleading or assumed name shall be used in the firm name adopted.
No name not belonging to any of the partners or associates may be
used in the firm name for any purpose.
If a partner died, and continued use of the name is desired by the
surviving partners, the name of the deceased may still be used, in all
the communications of the law firm, provided there is an indication
that said partner is already dead. The use of a cross after the name of
the deceased partner is sufficient indication. It is advisable though that
the year of the death be also indicated.
Canon 33, CPE
In the formation of such partnership, no person should be admitted or
held out as a member who is not a lawyer. Nor may a group of lawyers
hold themselves out as partners when, in fact, they are not or when no
partnership actually exists.

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B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA

28
Death of a partner does not extinguish the client-lawyer relationship
with the law firm.
Antonio vs. Court of Appeals, 153 SCRA 592
Negligence of a member in the law firm is negligence of the firm. When
the counsel of records is the Law Firm, the negligence of the lawyer
assigned to the case consisting in his leaving for abroad without
notifying his colleagues is negligence of the Law Firm.
Dacanay vs. Baker & Mckenzie
Filipino lawyers cannot practice law under the name of a foreign law
firm.

Rule 3.03 Where a partner accepts public office, he shall

withdraw from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law
concurrently.
RA 7160, Section 90
Name of partner should be dropped from the firm name when he
accepts public office. If a partner in a law firm has accepted a public
office, his name shall be removed from the firm name.
Exception : If the law allows him to practice law concurrently while
holding the position such as Sanggunian members are subject to
certain restrictions.

Rule 3.04 A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of, or in return
for, publicity to attract legal business.
A lawyer who seeks publicity to attract legal business is debasing the
legal profession, especially so, if he pays something of value for it.

It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client
relationship with the law firm.
Negligence of a member in the law firm is negligence of the
firm.

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CANON 4 A lawyer shall participate in the improvement of the

legal system by initiating or supporting efforts in law reform and
in the administration of justice.
Canon 40, CPE
An attorney may with propriety write articles for publications in which
he gives information upon the law; but he should not accept
employment from such publications to advise inquiries in respect to
their individual rights.

Examples: Presenting position papers or resolutions for the

introduction of pertinent bills in congress; Petitions with the
Supreme Court for the amendment of the Rules of Court.

CANON 5 A lawyer shall keep abreast of legal developments,

participate in continuing legal education programs, support
efforts to achieve high standards in law schools as well as in the
practical training of students and assist in disseminating
information regarding the law and jurisprudence.
What is the threefold obligation of a lawyer?
First, he owes it to himself to continue improving his knowledge of the
laws;
Second , he owes it to his profession to take an active interest in the
maintenance of high
standards of high education.
Third, he owes it to the law public to make the law a part of their social
consciousness.
De Roy vs. Court of Appeals, 157 SCRA 757
It is the bounden duty of counsel as lawyer in active law practice to
keep abreast of decisions of the Supreme Court particularly where
issues have been clarified, consistently reiterated, and published in the
advance report of Supreme Court decisions (G.R.s) and in such

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publications as the Supreme Court Reports Annotated (SCRA) and law

journals.
Zualo vs. CFI of Cebu, CA-G.R. No. 27718-R, July 7, 1961
Attorneys should familiarize themselves with the rules and comply with
their requirements. They are also chargeable with notice of changes in
the rules which have been held as including not only express
reglementary provisions but also a regular practice under the Rules of
Court.

Objectives of integration of the Bar

To elevate the standards of the legal profession
To improve the administration of justice
To enable the Bar to discharge its responsibility more
effectively.
CANON 6 These canons shall apply to lawyers in government
service in the discharge of their official tasks.
Report of IBP Committee, p.30
A lawyer does not shed his professional obligations upon his assuming
public office.
However, lawyers who are incumbent judges and magistrates shall be
governed in the performance of their official functions by the Code of
Judicial Conduct which became effective on
October 20, 1989.
Public office - include elective and appointive officials and
employees, permanent or temporary, whether in the career or noncareer service, including military and police personnel, whether or not
they receive compensation, regardless of amount. (Sec. 3(b), RA
6173).

Public Officials include elective and appointive officials and

employees, permanent or temporary, whether in the career or
non-career service, including military and police personnel,
whether or not they receive compensation, regardless of
amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following norms of
conduct by every public official in the discharge and execution of
their official duties:
1. commitment to public interest
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2.
3.
4.
5.
6.
7.
8.

professionalism
justness and sincerity
political neutrality
responsiveness to the public
nationalism and patriotism
commitment to democracy
simple living (Sec. 4, RA 6713)

Collantes vs. Renomeron, 200 SCRA 584

If the lawyers misconduct in the discharge of his official duties as
government official is of such a character as to affect his qualifications
as a lawyer or to show moral delinquency, he may be disciplined as a
member of the Bar on such ground.

Rule 6.01 The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly
reprehensible and is cause of disciplinary action.
State vs. Platon, 40 O.G. 6th Supp. 235
A prosecutor is a quasi-judicial officer and as such, he should seek
equal and impartial justice. He should be as much concerned with
seeing that no man innocent suffers as in seeing that no guilty man
escapes.
U.S. vs. Barredo, 32 Phil. 449
A conscious prosecuting official, whose investigations have satisfied
him as to the innocence of persons charged with the commission of
crime, should not institute criminal proceedings against such persons.
In the event that the criminal proceedings have been instituted, and
the investigations of the provincial fiscal have satisfied him that the
accused person is innocent, or that evidence sufficient to secure
conviction will not be forthcoming at the trial despite the exercise of
due diligence to that end. It then becomes his duty to advise the court
wherein the proceedings are pending as to the result of his
investigations, and to move the court to dismiss the proceedings.
Suarez vs. Platon, 69 Phil. 556
The interest of a prosecutor in a criminal prosecution is not to win a
case but to see that justice is done. He should see to it that the
accused is given a fair and impartial trial and not deprived of any of his
statutory or constitutional rights.

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* A public prosecutor should recommend the acquittal of the accused

whose conviction is on appeal, if he finds no legal basis to sustain the
conviction.
Triente vs. Sandiganbayan, 145 SCRA 508
Its role as the Peoples Advocate in the Administration of Justice to the
end that the innocent be equally defended and set free just as it has
the task of having the guilty punished.

Rule 6.02 A lawyer in the government service shall not use his
public position to promote or advance his private interest, nor
allow the latter to interfere with his public duties.
If the law allows a public official to practice law concurrently, he must
use his public position to feather his law practice. If the law does not
allow him to practice his profession, he should not do so indirectly by
being a silent partner in a law firm or by securing legal business for a
friend or former associate in the active practice of law receiving a
share in the attorneys fees for his efforts.
Report of IBP Committee, p.30
Government lawyers, who are public servants owe utmost fidelity to
the public service. Public office is a public trust. They do not shed their
professional obligation in assuming public positions. They should be
more sensitive to their professional obligations as their disreputable
conduct is more likely to be magnified in the public eye.
Public officials are required to uphold the public interest over and
above personal interest; must discharge their duties with the highest
degree of excellence, professionalism, intelligence, and skill; provide
service without discrimination; extend prompt, courteous and
adequate service to the public; be loyal to the Republic; commit
themselves to the democratic way of life and values; and lead modest
lives.
It is unethical for a government lawyer to remain secretly connected to
a law Firm and solicit cases for the said firm with referral fees or
monthly retainers for the purpose.
Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634
A lawyer who holds a government office may not be disciplined as a
member of the Bar for misconduct in the discharge of his duties as a
government official. However, if the misconduct of a government
official is of such a character as to affect his qualification as a lawyer or

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to show moral delinquency, then he may be disciplined as a member of

the Bar upon such ground.
Enriquez Sr. vs. Hon. Gimenez, 107 Phil. 933
Unlike a practicing lawyer who has the right to decline employment, a
fiscal cannot refuse the performance of his functions on grounds not
provided for by law without violating his oath of office.

Rule 6.03 A lawyer shall not, after leaving government service,

accept engagements or employment in connection with any
matter in which he had intervened while in said service.
Various ways a government lawyer leaves government service:
1. retirement
2. resignation
3. expiration of the term of office
4. dismissal
5. abandonment
Q: What are the pertinent statutory provisions regarding
this Rule?
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713
Sec 3. Corrupt practice of Public Officers. In addition to acts or
omission of public officers already penalized by existing law, the
following shall constitute corrupt practice of any public officer and are
hereby declared to be unlawful:
(d) accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
during the pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the
following acts:
1. own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year
after resignation, retirement, or separation from public office, except
in the case of subparagraph (b) (2) above, but the professional
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concerned cannot practice his profession in connection with any

matter before the office he used to be with, in which case the one
year prohibition shall likewise apply.

Lawyers in the government service are prohibited to engage in

the private practice of their profession unless authorized by the
constitution or law, provided that such practice will not conflict or
tend to conflict with their official functions.
Misconduct in office as a public official may be a ground for
disciplinary action (if of such character as to affect his
qualification as lawyer or to show moral delinquency).
Should recommend the acquittal of the accused whose
conviction is on appeal, IF he finds no legal basis to sustain the
conviction.
Includes restriction is representing conflicting interest (e.g.
Accepting engagements vs. former employer, PNB)
The OSG is not authorized to represent a public official at any
state of a criminal case.

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