INTRODUCTORY CONCEPTS l.

Attorney of Record – the lawyer who entered appearance of the case

LEGAL ETHICS – It is the branch of moral science which treats of the duties which an m. Of Counsel – Associate Attorneys are called such to distinguish them from
attorney owes to the court, to his client, to his colleagues in the profession and to the attorneys of record; Generally, to a retired judge or justice or a partner of the
public, as embodied in the Constitution, Rules of Court, the Code of Professional firm, who is asked for advice and consultation
Responsibility, Canons of Professional Ethics, jurisprudence, moral law and special laws. n. Lead Counsel – Sometimes in a big case, the client may engage the services of
many lawyers. There is one lead counsel that will direct the time. (Other lawyers
Significance of Legal Ethics in the case: Collaborating Counsel)
 Guards against the abuses and ills of the profession such as dishonesty, deceit, o. House Counsel/ In-House Counsel – Lawyers employed by corporations
negligence, immorality and other forms of malpractice. p. Amicus Curiae – one lawyer; asked by the court to help them resolve the issue;
 Raises the standard of the legal profession. Friend of the Court; they are not biased to one side
 Encourages and enhances the respect of the law q. Amicus Curiae Par Excellence – bar association who does the same function of
a single lawyer
 Assures an effective and efficient administration of justice
r. Advocate – a person fighting for a cause
 Assists in the keeping and maintenance of law and order
s. Solicitor – An attorney employed in the Office of the Solicitor-General
 Provides basis for the weeding out of the unfit and the misfit t. Assumpsit – A suit instituted by the lawyer to collect his fees
u. Bar Association – A voluntary association/organization of lawyers; these
Present Basis of Philippine Legal Ethics: CODE OF PROFESSIONAL RESPONSIBILITY associations should not run counter to the interests of the IBP
- Promulgated by the Supreme Court on June 21, 1988 v. Integrated Bar of the Philippines – pugsanay ni. HAHAH. You should also pay
fees. (Edillon Case)
Definition of terms
a. Bar & Bench – bar: lawyers, bench: judges PRACTICE OF LAW
b. Bar Admission – bar examinations conducted by the Supreme Court to Cayetano v. Monsod: Practice of law means any activity, in our out of court, which
determine who are eligible to practice law requires the application of law, legal procedure, knowledge, training and experience. To
c. Lawyer/Titulo de Abogado/Counselor-at-law/Attorney – persons who are engage in the practice of law is to perform those acts which are characteristics of the
licensed to practice law in the Philippines profession. Generally, to practice law is to give notice or render any kind of service, which
d. Trial Lawyer – An attorney who handles litigation in courts, quasi-judicial bodies device or service requires the use in any degree of legal knowledge or skill.
and administrative tribunals
e. Practising Lawyer- broader term than trial lawyer; he or she gives advises, General Coverage of Practice of Law:
prepares papers and appears in court 1. Legal advice and instructions to clients to inform them of their rights and
f. Pro Se – conduct litigation on your own without hiring a lawyer; you can appear obligations
in court on your own; not advisable 2. Preparation for clients of documents requiring knowledge of legal principles not
g. Client – the one who pays for the lawyer (HEHE); one who engages the services possessed by ordinary layman
of a lawyer for legal advice or for the purposes of prosecuting or defending a 3. Appearance for clients before public tribunals which possess power and
suit in behalf and usually for a fee authority to determine rights of life, liberty and property according to law, in
h. Attorney-at-Law – (see lawyer) order to assist in proper interpretation and enforcement of law
i. Attorney-in-Fact – He could be a lawyer or a lay person; he is a person
authorized by some by a Special Power of Attorney; the power is limited by the Regulation of Practice of Law
instrument instituted  Supreme Court (Art.VIII, Sec. 5 (5), 1987 Constitution
j. Counsel De Oficio – a lawyer who is appointed by the court in a criminal or civil  Promulgate rules concerning the protection and enforcement of constitutional
case where the accused has no representation rights, pleading, practice and procedure in all courts, the admission to the practice
k. Attorney Ad Hoc – appointed by the court when the defendant is absent; the
of law, the integrated bar, and legal assistance to the under-privileged.
lawyer is appointed to represent the client
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 1
Nature of the Power  Completion of all the fourth year subjects in a law school duly recognized by the
 Judicial in nature Philippine Government [SC Bar Matter 1153: RE: Letter of Atty. Estelito Mendoza
- The Code is a judicial command, not a suggestion, promulgated as it is by no (2010)]
less than the Highest Court of the land.
 Judicial discretion Continuing Requirements for the Practice of Law
 Good and regular standing
Basic characteristics of the Practice of Law  Membership in the IBP
 Not a matter of right but a mere privilege  Payment of IBP dues
 Profession not a business  Payment of professional tax
 Impressed with public interest  Compliance with the MCLE
 Reserved only to those who are academically trained in law AND Possessed of  Possession of good moral character
good moral character
Prohibitions and Limitations in the Practice of Law
Persons entitled to practice Law  Appearance of Non-Lawyers in Court
 Persons admitted as members of the bar and who are in good and regular standing  Practice of Law by the Public Officials
(Sec. 1, Rule 138, ROC)
Appearance of non-lawyers in court Exceptions
Requirements for the admission to the Practice of Law  Before the MTC (Sec.34, Rule 138,
 Citizen of the Philippines General Rule: Only those who are ROC)
 Resident of the Philippines licensed to practice law can appear and  Before any other court (Ibid.)
 At least 21 years of age handle cases in court.  In a criminal case before the MtC
(Sec.7, Rule 116, ROC)
 Of good moral character
 Law Student Practice Rule (Rule
 Produce before the SC satisfactory evidence of good moral character 138-A, ROC)
 No charges involving moral turpitude have been filed or pending  Before the NLRC (Art. 222, Labor
 Complied with the academic requirements Code)
 Pass the bar examinations  Before the Cadastral Court
 Take the lawyer’s oath, and  Before the DARAB
 Sign the Roll of Attorneys  Any official or person appointed or
designated in accordance with the
law to appear for the government
Supreme Court allowed Filipino graduates of foreign law schools to take the Philippine or any of its officials (Sec. 33, Rule
Bar 138, ROC)

Filipino citizen who are graduates of foreign law schools are allowed to take the bar Practice of Law by the Public Officials
examinations provided they show the ff:  General Rule: the appointment or election of an attorney to a government office
 Completion of all courses leading to the degree of Bachelor of Laws or its disqualifies him from engaging in the private practice of law.
equivalent degree  Prohibition: (i) absolutely prohibited; (ii) not absolutely prohibited
 Recognition of accreditation of the law school by the proper authority

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 2

 Not Absolutely Prohibited, Special the Constitution, Rules of Court, Canons of Professional Ethics, Statutes, special
Absolutely Prohibited
Restrictions laws, treatises and decisions which must be observed by all members of the Bar
 Judges and other officials or  Senators and Members of the in the exercise of their profession whether in our out of the court, as well as in
employees of the superior court House of Representatives their public or private lives.
 Officials/employees of the OSG  Members of the Sanggunian
 Government prosecutors  Retired Justice or Judge
The Four-Fold Duties of a Lawyer
 President, VP, Members of the  Civil service officers or
Cabinet, their deputies and employees whose duty does The Lawyer and Society  Canons 1 – 6 CPR
assistants not require their entire time to The Lawyer and the Legal Profession  Canons 7 – 9 CPR
 Chairman and members of the be at the disposal of the The Lawyer and the Courts  Canons 10 – 13 CPR
Constitution Commission government The Lawyer and the Client  Canons 14 – 22 CPR
 Ombudsman and his deputies
 Governors, city and municipal
mayor THE LAWYER AND SOCIETY
 Civil service officers or employees
whose duties required them to CANON 1 – Duty to Uphold the Constitution and the Laws
devote their entire time at the Canon 1 – Duty to uphold the Constitution and the Laws
disposal of the government Rule 1.01 – Duty not to engage in unlawful, dishonest, immoral or deceitful
 Those who are by special law are conduct
prohibited from engaging in the Rule 1.02 – Duty not to counsel illegal activities
practice of legal profession Rule 1.03 – Duty not to encourage lawsuits; duty not to delay any man’s cause
Rule 1.04 – Duty to encourage amicable settlements
Proceedings where lawyers are prohibited from appearing
 In all Katarungang Pambarangay proceedings.  Lawyer’s primary duty to society
(R.A. 7169, Sec. 415; see also Magno v. Jacoba, A.C. No. 6296, 22 November  Also includes the duty to obey legal orders and processes of the court
2005)
 Small Claims Cases (Rules of Procedure of Small Claims Cases)
LAWYER’S OATH

Sanctions for practice or appearance without authority

“I, _________, of (place of birth), do solemnly swear that I will maintain allegiance to the
 Contempt of court
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
 Criminal complaint for estafa
to the doing of any in court; I will not wittingly nor willingly promote or sue any
 Suspension or disbarmen groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man
 Administrative complaint against the government official 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 as to the court as to my clients;
CODE OF PROFESSIONAL RESPONSIBILITY and I impose upon myself this voluntary obligation without any mental reservation or
History and Background of the Code of Professional Responsibility
purpose of evasion. So help me God.”
 Initially drafted in 1980 by the IBP Committee on responsibility, Discipline and
Disbarment
The Lawyer’s Oath is a condensed Code of ethics
 Promulgated on 21 June 1988 by the Supreme Court  A solemn affirmation of the lawyer’s lifetime commitment to be:
 Embodiment into one Code of the various pertinent and subsisting rules, o A loyal citizen
guidelines and standards on the rule of conduct of the lawyers sourced from
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 3
 o A law-abiding person 2. Dishonest act – act of lying or cheating
o A defender of truth and justice 3. Grossly immoral or deceitful conduct – a conduct which is willful, flagrant, or
o An advocate of the rule of law shameless, and which shows a moral indifference to the opinion of the good
o An exemplar of loyalty and fidelity to the courts and to clients and respectable members of the community; involves moral turpitude
o A model to emulate both in his professional and private life 4. Deceit
 By swearing the lawyer’s oath, an attorney becomes a guardian of truth and the
rule of law, and an indispensable instrument in the fair and impartial Moral turpitude – an act of baseness, vileness or depravity in the duties which one person
administration of justice. owes to another or to the society in general which is contrary to the usually accepted and
customary rule of right and duty which a person should follow
Duties of an Attorney (Section 20, Rule 138, Rules of Court)
(a) To maintain allegiance to the Republic of the Philippines and to support the Examples of crimes involving moral turpitude
Constitution and obey the laws of the Philippines  Estafa
(b) To observe and maintain the respect due to the courts of justice and judicial  Bribery
officers  Murder
(c) To counsel or maintain such actions or proceedings only as appearing to him
 Seduction
to be just, and such defenses only as he believes to be honestly debatable
under the law  Abduction
(d) To employ, for the purpose of maintaining the causes confided to him, such  Concubinage
means only as are consistent with truth and honor, and never seek to  Smuggling
mislead the judge or any judicial officer by an artifice or sales statement of  Falsification of public document
fact or law
 Violation of B.P. 22
(e) 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 Instances of gross Immorality Corresponding Penalty
and approval. 1. Abandonment of wife and DISBARRED
(f) To abstain from all offensive personality and to advance no fact prejudicial cohabiting with another woman.
to the honor or reputation of a party or witness, unless required by the 2. Bigamy perpetrated by the DISBARRED
justice of the cause with which he is charged; lawyer.
(g) Not to encourage either the commencement or the continuance of an action 3. A lawyer who had carnal DISBARRED
or proceeding, or delay any man’s cause, from any corrupt motive or knowledge with a woman through
interest; a promise of marriage which he
(h) Never to reject, for any consideration personal to himself, the cause of the did not fulfill
defenseless or oppressed; 4. Seduction of a woman who is the DISBARRED
(i) In the defense of a person accused of crime, by all fair and honorable means, niece of a married woman with
regardless of his personal opinion as to the guilt of the accused, to present whom the respondent lawyer had
every defense that the law permits, to the end that no person may be adulterous relations.
deprived of life or liberty, but by due process of law. 5. Lawyer arranging the marriage of DISBARRED
his son to a woman with whom
the lawyer had illicit relations.
Rule 1.01 Duty not to engage in unlawful, dishonest, immoral or deceitful conduct After the marriage of the woman
to his son, the lawyer continued
Grounds for suspension and disbarment of lawyers under Sec. 27, Rule 138:
his adulterous relations with her.
1. Unlawful conduct – transgression of any provision of law, need not be penal
law.
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 4
 6. Lawyer inveigling a woman into DISBARRED settlement made for quick returns of fees and against the just rights of the
believing that they had been injured persons.
married civilly to satisfy carnal
desires.
Rule 1.04 Duty to encourage amicable settlement
7. Lawyer taking advantage of his DISBARRED
 Whenever the controversy will admit of fair judgment, the client should be
position as chairman of the
college of medicine and asked a advised to avoid or to end the litigation. (to avoid litigation expenses and to help
lady student to go with in Manila courts in the declogging of cases)
where he had carnal knowledge  A lawyer cannot compromise case without client’s consent (Sec. 23, Rule 138,
of her under the threat that if she rules of Court)
refused, she would flunk in all her  Effect of compromise without client’s authority/ consent: unenforceable,
subjects.
meaning be ratified by the client if he/she so desires.

Purpose of Requirement of Good Moral Character:

CANON 2 – Duty to be an Efficient Lawyer
i. To protect the public
ii. To protect the public image of lawyers Canon 2 – Duty to be an Efficient Lawyer
iii. To protect prospective clients Rule 2.01 – Duty not to reject the cause of the defenseless or oppressed
iv. To protect errant lawyers from themselves Rule 2.02 – Duty not to refuse to render legal advice to the defenseless or
oppressed
Rule 2.03 – Duty not to do or permit to be done any act to solicit legal business
Rule 1.02 Duty not to counsel illegal activities
Rule 2.04 – Duty not to charge rates lower than those customarily prescribed
 Duty to be performed within the bounds of the law
 Model in the community insofar as respect for law is concerned Rule 2.01 – Duty not to reject the cause of the defenseless or oppressed
 Oppressed – the victims of cruelty, unlawful exaction, domination or excessive use
Rule 1.03 Duty not to encourage lawsuits; duty not to delay any man’s cause of authority
 The lawyer owes it to the society and to the court the duty not to stir up litigation  Defenseless – those who are not in a position to defend themselves due to
 The reason for the rule: to prevent BARRATRY and AMBULANCE CHASING poverty, weakness, ignorance or other similar reasons
 Rations: it is the lawyer’s prime duty to see to it that justice is accorded to all
Barratry – act of fomenting suits among individuals and offering his legal services to one
without discrimination
of them for monetary motives or purpose.
 Reasons when a lawyer may reject the handling of the case for an oppressed
Ambulance Chasing – act of chasing (figuratively speaking) an ambulance carrying the
person: i) he is not in a position to carry out the work effectively or competently;
victim of an accident for the purpose of talking to the said victim or relatives and offering
his legal service for the filing of a case against the person who cause the accident. ii) he labors under conflict of interest between him and the prospective client or
between a present client and prospective client
Evils Spawned by Ambulance Chasing:
 Fomenting of litigation with resulting burdens on the courts and public; Legal Aid is a matter of Public Responsibility
 Subordination of perjury  It is a means for the correction of social imbalance that may and often do lead to
 Mulcting of innocent persons by judgments upon manufactured causes of injustice.
actions.
Rule 2.02 – Duty not to refuse to render legal advice to the defenseless or oppressed to
 Defrauding of injured persons having proper causes of action but ignorant of
the extent necessary to safeguard the latter’s right
legal rights and court procedure by means of contracts which retain exorbitant
 If only to the extent necessary to safeguard the latter’s right
percentages of recovery and illegal charges for court costs and expenses and by

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 5

  Advice may be on what preliminary steps to take until the client has secured the  Exceptions: (i) relatives; (ii) Indigents / poor
services of counsel. But he shall refrain from giving legal advice if the reason for  Note: Rule 20.01 – the customary charges for similar services and the schedule
not accepting the case is that there involves a conflict of interest between him and of fees of the IBP chapter to which he belong
the prospective client or between a present client and a prospective client.
CANON 3 – Duty of Honest and Dignified Pronouncement of Legal Service
Rule 2.03 – Duty not to do or permit to be done any act to solicit legal business Canon 3 – Duty of Honest and Dignified Pronouncement of Legal Service
Reasons for the Prohibition: Canon 3.01 – Duty not to use or permit use of self-praises or false claims on
 The profession is primarily for public service qualifications or quality of legal services
 Commercializes the profession Rule 3.02 – Duty not to use false, misleading or assumed name for a firm name
Rule 3.03 – Duty to withdraw from the firm when lawyer accepts public office
 Involves self-praise and puffing
Rule 3.04 – Duty not to seek publicity
 Damages public confidence
 May increase lawsuits and result in needless litigation Canon 3.01 – Duty not to use or permit use of self-praises or false claims on
qualifications or quality of legal services
Solicitation of Legal Business, When Permissible  Use true, honest, fair, dignified and objective information.
 Must be compatible with the dignity of the legal profession  The unethical act may be done by the lawyer personally or through another
 Use of simple signs stating the name of the lawyer; use of professional cards with his permission
bearing the name of the lawyer, his office/law firm connected, address,
telephone number, special branch of law practiced. Reasons for the Prohibition
 Advertisements in legal periodicals  The profession is primarily for public service
 Publication in reputable law lists.  Commercializes the profession
 Involves self-praise and puffing
Primary characteristics which distinguishes the legal profession from business  Damages public confidence
 A duty of public service, of which the emolument is a by-product, an in which
 May increase lawsuits and result in needless litigation
one may attain the highest eminence without making much money.
 A relation as an “officer of court” to the administration of justice involving In Re: Tagorda, 53 Phil. 42
sincerity, integrity, and reliability. LUIS B. TAGORDA
 A relation to clients in the highest degree of fiduciary. Attorney
 A relation to colleagues characterized by candor, fairness and unwillingness to Notary Public
resort to current business methods of advertising and encroachment on their CANDIDATE FOR THIRD MEMBER
practice or dealing directly with their clients. Province of Isabela
(NOTE. – As notary public, he can execute for you to deed of sale for the purchase of
land as required by the cadastral office, can renew lost documents of your animals,
Best Advertisement for a Lawyer
can make your application and final requisites for your homestead, and can execute
 A well-deserved reputation for competence, honesty and fidelity to private any kind affidavit. As a lawyer, he can help you collect your loans although long
trust and public duty. overdue, as well as any complaint for or against you. Come or write to him in his town,
 By his honesty, he gains public confidence and this public confidence is his Echague, Isabel. He offers free consultation, and is willing to help and serve the poor.)
greatest advertisement.
Linsangan v. Atty. Tolentino, A.C. No. 6672
Rule 2.04 – Duty not to charge rates lower than those customarily prescribed NICOMEDES TOLENTINO
 Rationale: to avoid any demeaning and degrading competition LAW OFFICE
CONSULTANY & MARITIME SERVICES
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 6
 W/ FINANCIAL ASSISTANCE  Judges must also keep abreast of the laws, rulings and doctrines of the Supreme
Court
Rule 3.02 – Duty not to use false, misleading or assumed name for a firm name.
 No name not belonging to any of the partners or associates may be used in the Three-fold obligation of a lawyer concerning the requirement of continuing legal
education
firm name for any purpose
First he owes it to himself Second he owes it to his Third he owes it to the lay
 A lawyer is not authorized to use in his practice of law a name other than the to continue improving his profession to take an public to make the law a
one inscribed in the Roll of Attorneys. knowledge of the law active interest in the part of their social
 If one of the partners have been appointed as a judge or has been appointed or maintenance of high consciousness
elected to a government position which prohibits private practice of law, his standards of legal
name should be removed from the name of the firm. education

Mandatory Continuing Legal Education (MCLE)

Use of a deceased partner’s name Use of a foreign law firm’s name
Section 2, Rule 7: Other parties exempted from the MCLE
 Allowed  Unethical
 Those who are not in law practice, private or public
 Reason: all of the partners, by  Reason: Foreign firm is not
their joint efforts, contributed authorized to practice law in  Those who have retired from law practice with the approval of the IBP Board of
to the goodwill attached to the the country. Governors
firm name.
 Use of a cross after the name of Section 3, Rule 7: Good cause for exemption or modification of requirements
the deceased partner  A member may file a verified request setting forth good cause for exemption
from compliance with or modification of any of the requirements, including an
Rule 3.03 – Duty to withdraw from the firm when lawyer accepts public office extension of time for compliance, in accordance with the procedure to be
 Rationale: to prevent the law firm or partners from making use of the name of established by the MCLE Committee.
the public official to attract legal businesses and to avoid suspicion of undue
influence. Section 5, Rule 7: Proof of Exemption
 Applications for exemptions from or modification of the MCLE requirements
Rule 3.04 – Duty not to seek publicity shall be under oath and supported by documents.
 Rationale: To prevent some lawyers from gaining an unfair advantage over
others thru the use of gimmickry, press agentry, or other artificial means. Section 1, Rule 12: What constitutes non-compliance
 If competitive advertising is allowed, this may lead to self-laudations, encourage
 Failure to complete the educational requirement within the compliance period.
lawyers to engage in overreaching, overcharging, underrepresentation and
 Failure to provide attestation of compliance or exemption.
misrepresentation.
 Failure to provide satisfactory evidence of compliance (including evidence of
exempt status) within the prescribed period.
CANON 4 – Duty to support the improvement of the legal system
 Failure to satisfy the educational requirement and furnish evidence of such
 Lawyers as officers of the court must assist in the administration of justice.
compliance within 60 days from receipt of a non-compliance notice.
 ‘Every man owes some of his time to the upbuilding of the profession to which
 Failure to pay non-compliance fee within the prescribed period
he belongs.”
 Any other act or omission analogous to any of the foregoing or intended to
CANON 5 – Duty to keep abreast of legal developments circumvent or evade compliance with the MCLE requirements
 Lawyers must update themselves with the law and must participate in the
dissemination thereof Section 1, Rule 7: Parties exempted from the MCLE
1. President, VP, the Secretaries and Undersecretaries of executive departments

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 7

 2. Senators and Members of the House of Representatives  Fine: 2k (1st), 3k (2nd), 4k (3rd); and
3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and  Listed as delinquent member; and
retired members of the judiciary, incumbent members of the JBC, incumbent  Discharged from the case and the client allowed to secure the services of a new
members of the MCLE Committee, incumbent court lawyers who have availed counsel with the concomitant right to demand the return of the fees already paid
of the PhilJA program of continuing legal education. to the non-compliant lawyer
4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
DOJ What is the rule on new bar passers?
5. The Solicitor General and the Assistant Solicitor General MCLE Governing Board Order No. 1, s. 2008, provides:
6. The Government Corporate Counsel, Deputy and Assistant Government . . . .”lawyers who pass the Bar when only 4 months or less remain of the
Corporate Counsel compliance period, are exempted from complying with the MCLE requirement
7. The Chairmen and Members of the Constitutional Commission for the said compliance period. They shall comply with the MCLE requirements
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen for the next compliance period. However, lawyers who are admitted to the Bar
and the Special Prosecutor of the Office of the Ombudsman either one year after the start of the current compliance period or two years
9. Heads of the government agencies exercising quasi-judicial functions after the start of the said compliance period are required to comply with the
10. Incumbent deans, bar reviewers and professors of law who have teaching MCLE in accordance with the MCLE Governing Board resolution dated October
experience for at least 10 years in accredited law school 20, 2004.’’
11. The chancellor, Vice-Chancellor and members of the Corps of professors and
Professional Lectures of the PhilJA Rule 13: Consequence of Non-Compliance
12. Governors and Mayors Section 1. Non-Compliance Fee
Section 2. Listing as Delinquent Member
What is the requirement of completion of MCLE? Section 3. Accrual of Membership Fee
 Members of the IBP shall complete, every 3 years, at least 36 hours of continuing
legal education activities (Section 2, Rule 2). B.M. No. 1922 ( 3 June 2008)
Re: Number and Date of MCLE Certificate of Completion/Exemption required in all
Who are required to comply with the MCLE requirement? Pleadings/Motions
 MCLE is required of members of the Integrated Bar of the Philippine (IBP), unless  As of January 1, 2009, all lawyers are required to indicate in all pleadings filed
exempted before the courts or quasi-judicial bodies the NUMBER and the DATE of ISSUE of
their MCLE Certificate of Compliance or Certificate of Exemption for the
What is the purpose of MCLE? immediately preceding compliance period.
 To ensure that throughout their career, (1)lawyers keep abreast with law and
jurisprudence, (2) maintain the ethics of the profession, and (3) enhance the CANON 6 – The Canons apply to lawyers in government service
standards of the practice of law (Section 1, Rule 1) CANON 6 – The Canons apply to lawyers in government service
Rule 6.01 – Duty to see to it that justice is done
What are MCLE Compliance Periods? Rule 6.02 – Duty not to use his public position to promote or advance private
 1st Compliance Period: April 15, 2001 – April 14, 2004 interest
 2nd Compliance Period: April 15, 2004 – April 14, 2007 Rule 6.03 – Restrictions against government lawyers who left the service
 3rd Compliance Period: April 15, 2007 – April 14, 2010
 4th Compliance Period: April 15, 2010 – April 14, 2013  A lawyer does not shed his professional obligations upon his assuming public
 5th Compliance Period: April 15, 2013 – April 14, 2016 office.

OCA Circular No. 79-2014 (May 16, 2014) Rule 6.01 – Duty to see to it that justice is done
 Failure to disclose: Penalty and Disciplinary Action
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 8
Public Prosecutor Public Office is a Public Trust
 a quasi-judicial officer and as such, he should seek equal and impartial justice. He  Lawyers in government are public servants who owe the utmost fidelity to the
should be concerned with seeing that no innocent man suffers as in seeing that public service. Thus, they have to be more sensitive in the performance of their
no guilty man escapes. professional obligations.
 is under no compulsion to file a particular criminal information where he is not  A lawyer in public service is a keeper of public faith and is burdened with a high
convinced that he has evidence to prop up the averments thereof, or that the degree of social responsibility, perhaps higher than his brethren in private
evidence at hand points to a different conclusion. practice (Vitriolo v. Dasig, 400 SCRA 172 [2003])
(People v. Pineda, 20 SCRA 748 [1967])
Canon 6 makes the Code applicable to lawyers in government service
Rule 6.02 – Duty not to use his public position to promote or advance private interest  Rationale: A lawyer does not shed his professional obligations upon his assuming
Applies to: public office
1. lawyers in government service allowed by law to engage in private practice  Misconduct in the Discharge of Official Duties as Government Official
concurrently; and  RULE: may not be disciplined as a member of the bar for the misconduct in the
2. those who, though prohibited from engaging in the practice of law, have discharge of his official duties.
friends, former associates and relatives who are in the practice of law  EXCEPTION: If the misconduct of a government official is of such character as to
affect his qualification as a lawyer or show moral delinquency.
Promotion of private interest includes soliciting gifts or anything of monetary value in any
transactions requiring the approval of his office or which may be affected by the functions RA 6713, Section 7 (b) (Code of Conduct and Ethical Standards)
of his office. (b) Outside employment and other activities related thereto. –Public officials
and employees during their incumbency shall not:
Rule 6.03 – Restrictions against government lawyers who left the service 1. Own, control, manage or accept employment as office employee, consultant,
 Rationale: To avoid conflict of interest, to preclude the lawyer from using counsel, broker, agent, trustee or nominee in any private enterprise regulated,
secrets or information learned in his official capacity or to prevent the supervised or licensed by their office unless expressly allowed by law.
appearance of impropriety. 2. Engage in the private practice of their profession unless authorized by the
 Violation of restriction. Tantamount to representing conflicting interest. constitution or law, provided that such practice will not conflict or tend to
conflict with their official functions; or
Code of Conduct and Ethical Standards (RA 6713) 3. Recommend any person to any position in a private enterprise which has a
All public officials and employees, whether lawyers or non-lawyers are governed by this regular or pending official transaction with their office.
code These prohibitions shall continue to apply for a period of 1 year after
Provides the standards of personal conduct in the discharge and execution of official resignation, retirement or separation from public office, except in case of
duties. subparagraph (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with,
The following norms of conduct should be observed by all public officials under RA 6713: in which case the one year prohibition shall likewise apply.
a) Commitments to public interest
b) Professionalism Adverse-Interest Conflicts – where the matter in which the former government lawyer
c) Justness and sincerity represents a client in private practice is substantially related to a matter that the lawyer
d) Political neutrality dealt with while employed by the government and the interests of the current nd former
e) Responsiveness to the public are adverse
f) Nationalism and patriotism
g) Commitment to democracy
h) Simple living

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 9

RA 910 Section 1 (Condition of Pension) An Act to Provide for the Retirement of Justices 3. As to what crime involves moral turpitude, is for the Supreme Court
as amended by RA 9946 to determine
No retiring justice or judge during the time that he is receiving said pension shall appear
as counsel in any court in any civil case wherein the government or any of its subdivision Rule 7.02 – Duty not to support unqualified bar applicant
or instrumentality is an adverse party, or in a criminal case wherein an officer or employee  A lawyer should aid in guarding the Bar against admission of unfit/unqualified
of the government is accused of an offense related to his official functions, or collect any applicants. His support to an applicant must be solely based on fitness, both
fee for his appearance in any administrative proceedings to maintain an interest adverse intellectual and moral.
to the government.  The act of supporting the application to the Bar of any person known to him to
be unqualified constitutes gross misconduct in office (Rule 138, Sec. 27, RRC)
RA 3019, Section 3 (d) Anti-Graft and Corruption Practices Act
Accepting or having any member of his family accepts employment in a private enterprise Rule 7.03 – Duty not to engage in conduct adversely affecting the legal profession
which has pending official business with him during the pendency thereof or within one  There is no distinction as to whether the transgression is committed in the
year after its termination. lawyer’s professional capacity or in his private life or in his private transaction
because a lawyer may not divide his personality so as to be an attorney at one
THE LAWYER AND THE LEGAL PROFESSION time and a mere citizen at another.
 The conduct of nobility and uprightness should stay with him whether in his
CANON 7 – Duty to uphold the dignity of the legal profession
public/private life
Canon 7 – Duty to uphold the dignity of the legal profession
Rule 7.01 – Duty not to make false statements or suppress a material fact in
CANON 8 – Duty of Professional Courtesy
connection with application for admission to the bar
Rule 7.02 – Duty not to support unqualified bar applicant Canon 8 – Duty of Professional Courtesy
Rule 7.03 – Duty not to engage in conduct adversely affecting the legal Rule 8.01 – Duty not to use abusive and improper language
profession Rule 8.02 – Duty not to encroach upon the professional employment of another
lawyer
Rule 7.01 - Duty not to make false statements or suppress a material fact in
Rule 8.01 – Duty not to use abusive and improper language
connection with application for admission to the bar
 To maintain the dignity of the legal profession, lawyers must conduct
 A lawyer is expected to be honest from the moment he applies for admission to
themselves honorably, fairly and candidly toward each other. Respect
the bar. However, the falsity referred in this Canon must be knowingly done
generates respect.
 Consequences of knowingly making a false statement/suppression of material
 Lawyers should treat each other with courtesy, fairness, candor and civility.
fact in the application for admission to the Bar
a. Any kind of language which attacks without foundation the integrity
o If discovered before the Bar exams, denied permission to take the
of the opposing counsel or the dignity of the court may be stricken off
exams
the records or may subject a lawyer to disciplinary action
o If discovered after the candidate passed the Bar exams but before
b. The lawyer’s arguments, whether written or oral, should be gracious
having taken the lawyer’s oath, not allowed to take the lawyer’s oath
to both the court and the opposing counsel and be of such words as
o If discovered after the candidate had taken his oath, his name will be
may be properly addressed by one gentleman to another
taken off the Roll of Attorney’s
c. Lack or want of intention is no excuse for the disrespectful language
employed. Counsel cannot escape responsibility by claiming that his
 Effects if what is concealed is a crime not involving moral turpitude
words did not mean what any reader must have understood them as
1. Concealment will be taken against him. The mere act of concealment
meaning. At best, it extenuates liability.
and not the commission of the crime makes him morally unfit to
 A lawyer’s language should be forceful but dignified, emphatic but respectful as
become a lawyer
befitting an advocate and in keeping with the dignity of the legal profession.
2. When he made the concealment, he perpetrated perjury.

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 10

 o If one violates this Rule, this can be a ground for direct contempt or Corruptly or willfully appearing as Suspension or disbarment (Section
contempt in facie curiae. an attorney for a party to a case 27, Rule 138, Rules of Court)
without authority to do so
Rule 8.02 – Duty not to encroach upon the professional employment of another lawyer
 A lawyer should not steal another lawyer’s client nor induce the latter to retain Unqualified person- not limited to non-lawyers but also lawyers who are suspended or
him by promise of better service, good results or reduced fees nor should he disbarred or whose authority to practice has been withdrawn due to a change in the
disparage another or make unnecessary comparisons. In short, no to yellow citizenship or allegiance to the country
submarine.
Rule 9.02 – Duty not to divide legal fees with non-lawyers
No encroachment when previous lawyer Lawyer shall not negotiate with the General Rule- Non-lawyers are not entitled to attorney’s fees
was already dismissed opposite party who is represented by Rationale: If attorney’s fees were allowed to non-lawyers, it would leave the public in
counsel hopeless confusion as to whom to consult in case of necessity and also to leave the bar in
Lawyer may interview any witness or It is but proper to give advice and a chaotic condition, aside from the fact that non-lawyers are not amendable to
prospective witness for the opposing side assistance to victims of unfaithful and disciplinary measures.
neglectful counsel
Exceptions:
CANON 9 – Duty to Shun Unauthorized Practice of Law  Where there is a pre-existing agreement with a partner or associate that upon the
Canon 9 – Duty to shun unauthorized practice of law latter’s death, money shall be paid over a reasonable period of time to his estate or
Rule 9.01 – Duty not to delegate legal work to unqualified persons to persons specified in the agreement
Rule 9.02 – Duty not to divide legal fees with non-lawyers  Where a lawyer undertakes to complete unfinished legal business of a deceased
lawyer
What is the rationale for the prohibition against the practice of law by a layman?  Where a lawyer or law firm includes non-lawyer employees in a retirement plan,
 It is grounded in the need of the public for integrity and competence of those even if the plan is based in the whole or in part, on a profit sharing arrangement
who undertake to render legal services. Because of the fiduciary and personal a. Compensation for services rendered by the deceased lawyer
character of the lawyer-client relationship and the inherently complex nature b. The person who undertakes is a lawyer
of our legal system, the public can better be assured of the requisite c. Not a division of fees but a pension representing additional
responsibility and competence if the practice of law is confined to those who deferred wages to the employee’s past services
are subject to the requirements and regulations imposed upon the members of
the legal profession.
LAWYER AND THE COURTS
Rule 9.01 – Duty not to delegate legal work to unqualified persons
CANON 10 – Duty of Candor, Fairness and Good Faith to the Courts
 Public policy requires that practice of law be limited only to those individuals
CANON 10 – Duty of Candor, Fairness and Good Faith to the Courts
found duly qualified in education and character. Rule 10.01 – Duty not to do any falsehood; duty not to mislead
 Rationale: To protect the public, the court, the client and the bar from the Rule 10.02 – Duty not to knowingly misquote or misrepresent
incompetence or dishonesty of those unlicensed to practice law and not subject Rule 10.03 – Duty to observe the rules of procedure; duty not to misuse the
to the disciplinary control of the court rules

Assuming to be an attorney or an Indirect Contempt- fine,

officer of a court and acting as such imprisonment or both (Sections 3 & A lawyer’s conduct before the court should be characterized by candor and fairness. His
without authority 7, Rule 71, Rules of Court) duty is to uphold the dignity and authority of the courts to which he owes fidelity, not to
promote distrust in the administration of justice

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 11

Rationale: The burden cast on the judiciary would be intolerable if it could not take at face  Knowingly citing as law, a provision already rendered inoperative by repeal or
value what is asserted by counsel amendment
 Asserting as a fact that which has not been proved
Rule 10.01 – Duty not to do any falsehood; duty not to mislead
 The Lawyer’s Oath mandates the lawyer: Quote VERBATIM: In citing the SC decisions and rulings, it is the duty of the courts, judges
o To do no falsehood and lawyers to reproduce or copy word per word as well as punctuations
o Nor consent to the doing of the same in court
o To conduct himself as a lawyer according to the best of his knowledge Rule 10.03 – Duty to observe the rules of procedure; duty not to misuse the rules
and discretion with all good fidelity to the court Rationale: Procedures are instruments in the speedy and efficient administration of
justice. They should be used to achieve such end and not derail it.
Some cases of falsehoods which merited discipline:
 Lawyers falsely stating in a deed of sale that property is free from all liens * A lawyer should always bear in mind that the Rules of Procedure, like the Rules of Court,
and encumbrances when it is not so are intended to facilitate the delivery of justice to those whom it is due without
(Sevilla v. Zoleta, A.C. No. 31, March 28, 1955) unnecessary expense and waste of time for truly, justice delayed is justice denied. Rules
 Lawyers making it appear that a person, long dead, executed a deed of sale of Procedure must be used to attain such objective. Any lawyer who uses them to defeat
in his favor or frustrate the ends of justice deserves condemnation.
(Monterey v. Arayata, Per. Rec. Nos. 3527,3408, August 23, 1935)
 Lawyer encashing a check payable to a deceased cousin by signing the CANON 11 – Duty to give respect to the Courts
latter’s name on the check (In re Samaniego, A.C. No. 74, November CANON 11 – Duty to give respect to the Courts
20,1959) Rule 11.01 – Duty to appear in court properly attired
 Lawyer falsifying a power of attorney and used it in collecting the money Rule 11.02 – Duty to be punctual at court hearings
due to the principal and appropriating the money for his own benefit Rule 11.03 – Duty to abstain from scandalous, offensive, or menacing language
(In re: Rusina, A.C. No. 270, May 29, 1959) or behavior before the courts
 Lawyer denying having received the notice to file brief which denial is Rule 11.04 – Duty not to attribute to a judge motives not supported by the
belied by the return card record or having no materiality to the case
(Ragacejo v. IAC, 153 SCRA 462) Rule 11.05- Duty to submit grievances against a judge to the proper authorities
 Lawyer falsifying Sheriff’s Return and seeking the default of the defendant
(Libit v. Oliva, 237 SCRA 375)
Rationale: Disrespect towards the court would necessarily undermine the confidence of
 Using in pleadings the IBP number of another lawyer
the people in the honesty and integrity of the members of the court, and consequently to
(Bongolato v. Castillo, CBD No. 176, Jan. 1, 1995)
lower or degrade the administration of justice by the court.
 Manufacturing, flaunting and using a spurious CA resolution before the
RTC  It is one of the bounden duties of an attorney to observe and maintain the
(Florido v. Florido, A.C. No. 5624, January 20, 2004) respect due to the courts of justice and judicial officers (Rule 138, Section 20
[b], RRC). The respect is not only toward the Justices and Judges but also to the
Rule 10.02 – Duty not to knowingly misquote or misrepresent other officers of the Courts like Clerks of Court, Sheriffs and other judicial
Rationale: If not faithfully and exactly quoted, the decisions and rulings of the court may officers who take part in the judicial work.
lose their proper and correct meaning, to the detriment of other courts, lawyers and the  Lawyers must be respectful not only in their actions but also in their use of
public who may thereby be misled. language whether in oral arguments or pleadings.
 Criticisms of Courts must not spill over the walls of decency and property:
A lawyer is prohibited from:
 Knowingly misquoting or misrepresenting contents of a paper and language or Freedom of speech is not absolute, and must occasionally be
argument of the opposing counsel balanced with the requirements of equally important public interests,
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 12
 such as the maintenance of the integrity of the courts and orderly  There is no defense against the use in pleading by a lawyer of disrespectful,
functioning of the administration of justice. threatening, abusive and abrasive language. It cannot be justified by the
constitutional rights of free speech for such right is not absolute and its exercise
Thus, the making of the contemptuous statements directed against must be within the context of a functioning and orderly system of dispensing
the Court is not an exercise of freedom of speech, rather, it is an abuse justice.
of such right. Unwarranted attacks on the dignity of the courts cannot
 Pleading containing derogatory, offensive or malicious statements submitted to
be disguised as free speech, for the exercise of said right cannot be
the courts or judge in which the proceedings are pending constitutes direct
used to impair the independence and efficiency of courts or public
contempt.
respect and confidence therein.
The lawyer’s disavowal of any offensive intent- in using defamatory
Rule 11.01 – Duty to appear in court properly attired
words – is of no avail.
 As an officer of the court and in order to maintain the dignity and respectability
of the legal profession, a lawyer who appears in court must be properly attired. Lack or want of intention is no excuse for the disrespectful language
Consequently, the court can hold a lawyer in contempt of court if he does not employed. At best, it extenuates liability (Rheem of the Philippines v
appear in proper attire. Any deviation from the commonly accepted norm of Ferrer, 20 SCRA 441; please see also Rule 8.01)
dressing in court is enough to warrant a citing for contempt.
 Respect begins with the lawyer’s outward physical appearance in court. Rule 11.04 – Duty not to attribute to a judge motives not supported by the record or
 The traditional attires for male lawyers in the Philippines are the long-sleeve having no materiality to the case
Barong Tagalog or coat and tie. Female lawyers appear in semi-formal attires.  The rule allows such criticism so long as it is supported by the record or it is
Judges also appear in the same attire in addition to black robes. material to the case. A lawyer’s right to criticize the acts of courts and judges in
 Courts have ordered a male attorney to wear a necktie and have prohibited a a proper and respectful way and through legitimate channels is well recognized.
female attorney from wearing a hat. However, the prohibition of a dress whose The cardinal condition of all such criticism is that it shall be bona fide, and shall
hemline was five inches above the knee was held to be acceptable as such “had not spill over the walls of decency and propriety.
become an accepted mode of dress even in places of worship.” When public comments and criticisms of a court decision are permissible and when would
 Sloppy or informal attire adversely reflects on the lawyer and demeans the it be improper?
dignity and solemnity of court proceedings.
A lawyer, like every citizen, enjoys the right to comment on and criticize the
Rule 11.02 – Duty to be punctual at court hearings decision of a court. As an officer of the court, a lawyer is expected not only to
exercise that right but also to consider it his duty to expose the shortcomings
 A lawyer owes the court and his client the duty to punctually appear at court
and indiscretions of courts and judges. But such right is subject to the limitations
proceedings
that it shall be bona fide. It is proper to criticize the courts and judges, but it is
 He shall delay no man for money or malice (Lawyer’s oath)
improper to subject them to abuse and slander, degrade them or destroy public
 Inexcusable absence from, or repeated tardiness in attending a pre-trial or
confidence in them. Moreover, a lawyer shall not be attribute to a judge,
hearing may subject the lawyer to disciplinary action as his actions showing
motives not supported by the record or have no materiality in the case.
disrespect to the court makes him guilty of contemptuous behavior.
What a lawyer can ordinarily say against a concluded litigation and the manner the judge
Rule 11.03 – Duty to abstain from scandalous, offensive, or menacing language or
handed down the decision therein may not generally be said to a pending action. The
behavior before the courts
court, in a pending litigation, must be shielded from the embarrassment and influence in
 The lawyer’s duty to render respectful subordination to the courts is essential
performing the important duty of deciding it.
to the orderly administration of justice. Hence, in the assertion of the client’s
rights, lawyers – even those gifted with superior intellect, are enjoined to rein On the other hand, once litigation is concluded, the judge who decided on it is subject to
up their tempers (Zaldivar v Gonzales, 166 SCRA 316, 1988). the same criticism as any other public official because then his ruling becomes public
property and is thrown to public consumption.
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 13
Rule 11.05- Duty to submit grievances against a judge to the proper authorities Rule 12.06 – Duty not to knowingly assist a witness to misrepresent or
A lawyer has the duty to defend a judge from unfounded criticism or groundless personal impersonate
attack Rule 12.08 – Duty to avoid testifying in behalf of his client

The duty to respect does not preclude a lawyer from filing administrative complaints CONST Art III, Sec 6. All persons shall have the right to a speedy disposition of their cases
against erring judges, or from acting as counsel for clients who have legitimate grievances before all judicial, quasi-judicial or administrative bodies
against them. Rule 138, Sec 20 (g). Duties of attorneys – It is the duty of an attorney: (g) Not to
encourage either the commencement or the continuance of an action or proceeding, or
Nature of the Case Where to File delay any man’s cause, from any corrupt motive or interest
If administrative in nature It shall be filed with the Office of the Court
of Administrator of the Supreme Court Rule 12.01 – Duty to adequately prepare for trial
If criminal and not purely administrative It shall be filed with the Office of the A lawyer shall not handle any legal matter without adequate preparation (Rule 18.02)
Ombudsman
If it involves a Justice of the Supreme It must be coursed through the House of A lawyer should never come to court unprepared. Most cases brought to court without
Court based on the impeachable offenses Representative and the Senate in preparation are cases lost. Half of the work of a lawyer is done in the office. It is spent in
accordance with the rules of study and research. Inadequate preparation obstructs the administration of justice
impeachment
Rule 12.02 – Duty not to engage in forum shopping
Forum shopping: the institution of two or more actions or proceedings grounded on the
Constitution, Article VIII, Section 6. The Supreme Court shall have administrative same cause, on the gamble that one or the other court would make a favorable
supervision over all courts and the personnel thereof. disposition

An administrative complaint is not an appropriate remedy where judicial The essential elements of forum shopping:
recourse is still available, such as a motion for reconsideration, an appeal, or a
petition for certiorari, unless the assailed order or decision is tainted with fraud, a. Two or more cases are pending
malice or dishonesty. (Santiago III v Justice Enriquez, Jr. AM No CA-09-47-J, b. The pending cases involve: same parties, same causes of action, same
February 13, 2009) relief prayed for

What is the coverage of Rule 139-B of the Rules of Court? Are the judges and justices Penalties for violation of the rule against forum shopping under Section 5, Rule 7 of the
covered by this Rule? Rules of Court

Members of the judiciary are excluded from the coverage of Section 1, 1. Failure to comply with the requirement shall not be curable by mere
paragraph 2 of Rule 139 amendment of the complaint or other initiatory pleading but shall be cause
for dismissal of the case without prejudice, unless otherwise provide,
All complaints against justices and judges are required to be forwarded directly upon motion and after hearing.
to the Supreme Court 2. The submission of a false certification of non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
CANON 12 – Duty to Assist in the Speedy and Efficient Administration of Justice
prejudice to the corresponding administrative and criminal actions, and
CANON 12 – Duty to Assist in the Speedy and Efficient Administration of Justice
3. If the acts of the party or his counsel clearly constitute willful and
Rule 12.01 – Duty to adequately prepare for trial
deliberate forum shopping, the same shall be ground for summary
Rule 12.02 – Duty not to engage in forum shopping
dismissal with prejudice, and shall constitute direct contempt, as well as a
Rule 12.03 – Duty to file pleadings on time
cause for administrative sanctions.
Rule 12.04 – Duty not to unduly delay a case
Rule 12.05 – Duty not to talk to witness, during break or recess, while the latter
is still under examination

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 14

Specific instances of forum shopping that merited sanction Rule 12.06 – Duty not to knowingly assist a witness to misrepresent or impersonate
The witness who commits misrepresentation is criminally liable for “false testimony”
1. When, as a result of an adverse opinion in one forum, a party seeks a either under Art 181, 182, or 183 of the Revised Penal Code, as the case may be. The
favorable opinion (other than by appeal or certiorari) in another lawyer who induces a witness to commit false testimony is equally guilty as the witness.
2. Filing an action in court while the same cause of action is still pending in
an administrative proceeding The lawyer who presented a witness knowing him to be a false witness is criminally liable
3. Filing a second suit in a court without jurisdiction for “Offering False Testimony in Evidence” under Art 184 of RPC.
4. When counsel omits to disclose the pendency of an appeal, in filing a
certiorari case The lawyer who is guilty of the above is both criminally and administratively liable.

Who signs the Certification against forum shopping? Rule 12.07 – Duty not to abuse, browbeat or harass or needlessly inconvenience a
witness
General rule: It must be signed by the client and not by the counsel. Otherwise, it is The lawyer has a duty to always treat adverse witnesses and suitors with fairness and due
equivalent to non-compliance with the Rules of Court is defective. consideration.

Exception: When the counsel, clothed with the special power of authority to do so, attests Thus, it is misbehavior in court for lawyer to frighten or shout at witness, to terrorize
in the certification that her has personal knowledge of the facts stated and gives them or tear them down arrogantly, cross examine them with incessant questions beyond
justifiable reasons why the party himself cannot sign the same what is fair and necessary or maligning them with such other similar acts where disrespect
instead of respect, is the tone of the action.
Rule 12.03 – Duty to file pleadings on time
The court censures the practice of counsels who secures repeated extensions of the time Rights and Obligations of a Witness under Section 3, Rule 132, RPC
to file their pleadings and thereafter simply let the period lapse without submitting the
pleading or even an explanation or manifestation of their failure to do so A witness must answer questions, although his answer may tend to establish a
claim against him. However, it is the right of a witness:
Where a lawyer’s motion for extension of time to file a pleading, memorandum or brief
has remained unacted by the court, the least that is expected of him is to file it within the 1. To be protected from irrelevant, improper or insulting questions and from
period asked for harsh or insulting demeanor
2. Not to be detained longer than the interests of justice require;
Rule 12.04 – Duty not to unduly delay a case 3. Not to be examined except only as to matter pertinent to the issue
It is understandable for a party to make full use of every conceivable legal defense the 4. Not to five an answer which will tend to subject him to a penalty for an
law allows it. However, of such attempts to evade liability to which a party should offense unless otherwise provided by law; or
respond, it must ever be kept in mind that procedural rules are intended as an aid to 5. Not to give an answer which will tend to degrade his reputation, unless it
justice, not as means for its frustration. be the fact at issue or to a fact which the fact in issue would be presumed.
But a witness must answer to the fact of his previous final conviction for
Once a judgement becomes final and executory, the prevailing party should not be denied an offense.
the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay
in the enforcement of a judgment sets at naught the role of the courts in disposing Rule 12.08 – Duty to avoid testifying in behalf of his client
justiciable controversies with finality. Exceptions:
a. On formal matters, such as the mailing authentication or custody of an
Rule 12.05 – Duty not to talk to witness, during break or recess, while the latter is still instrument and the like; or
under examination b. On substantial matters, in cases where his testimony is essential to the end
Purpose: To prevent the suspicion that he is coaching the witness what to say during the of justice, in which event he must, during testimony, entrust the trial of
resumption of examination. Moreover, this rule is also designed to uphold and maintain the case to another counsel
fair play with the other party and to prevent the examining lawyer from being tempted
to coach his own witness to suit his purpose.
LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 15
Rationale of the Rule: causes tried fairly by an impartial tribunal, uninfluenced by publication, public clamor,
a. There is a difference between respective functions of a witness and advocate bias, prejudice or sympathies.
b. The function of a witness is to tell the facts as he recalls them in answer to question
c. The function of an advocate is that of a partisan Rule 13.01 – Duty not to extend extraordinary attention not seek opportunity for
d. The lawyer will find it hard to dissociate his relation to his client as an attorney and cultivating familiarity with judges
his relation to the party as a witness Rationale: To protect the good name and reputation of the judge and the lawyer

Instances when a lawyer MAY NOT testify as a witness in a case which he is handling for The unusual attention may subject both the judge and the lawyer to suspicion
a client: The common practice of some lawyers making judges and prosecutors
1. When as an attorney, he is to testify on the theory of the case godfathers of their children to enhance their influence and their law practice
2. When such would adversely affect any lawful interest of the client with should be avoided by judges and lawyers alike
respect to which confidence has been reposed on him A lawyer should not see a judge in chamber and talk to him about a case he is
3. Having accepted a retainer, he cannot be a witness against his client handling and pending in the judge’s court
4. He cannot serve conflicting interest
5. When he is to violate the confidence of his client A lawyer should not communicate to the judge the merits of a pending case.

Instances when a lawyer MAY testify as witness in a case which he is handling for a client Rule 13.02 – Duty not to make public statements in the media regarding pending case
Test when public statement is contemptuous – The character of the act done and its
1. On formal matters, such as the mailing, authentication or custody of tendency to prevent and obstruct the discharge of official duty is the test to determine
instrument and the like whether a newspaper publication concerning a pending case is contemptuous.
2. Acting as an expert on his fee
3. On substantial matters in cases where his testimony is essential to the ends Trial by publicity, when prejudicial
of justice, in which event he must, during his testimony, entrust the trial of
the case to another counsel There must be an allegation and proof that the judges have been unduly
influenced, not simply that they might be, by barrage of publicity
CANON 13 – Duty to refrain from acts giving appearance of influencing the court
CANON 13 – Duty to refrain from acts giving appearance of influencing the court Televising a court trial would amount to a violation of due process. A carnival atmosphere
Rule 13.01 – Duty not to extend extraordinary attention not seek opportunity would be created.
for cultivating familiarity with judges
Newspaper publications regarding a pending or anticipated litigation may
Rule 13.02 – Duty not to make public statements in the media regarding
interfere with fair trial, prejudice the administration of justice, or subject a
pending case
respondent or an accused to a trial by publicity and create a public interference
Rule 13.03 – Duty not to invite outside interference in the judicial proceedings
of guilt against him

The SC has the power and discretion to allow or disallow a live media coverage of a trial
In prosecuting or defending cases, the lawyer must be guided by the principles of justice.
He must rely on the merits of his cases and should avoid using influence and connections Resolution dated 22 October 1991 – the SC prohibited live radio and television
to win his cases. His cases must be won because they are meritorious and not because of coverage in the libel case filed by former president Corazon Aquino against then
connection, clout, dominance or influence. To do so, the lawyer breaks the basic Philippine Star columnist Luis Beltran
principles of justice which is highly condemnable.
Resolution dated 29 June 2001 – the SC denied a petition to allow live media
Courts as impartial administrators of justice are entitled to dispose of their business in an coverage of the anticipated trial of the plunder and other criminal cases filed
orderly manner, free from outside interference obtrusive of their functions and tending against former President Joseph E. Estrada before the Sandiganbayan
to embarrass the administration of justice, just as litigants are entitled to have their

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 16

 Resolution dated 13 September 2001 – the SC allowed press to cover the
promulgation of the decision live

Resolution dated 14 June 2011 – the SC allowed pro hac vice live radio and
television coverage of the Ampatuan (Maguinadanao Massacre trial subject to
guidelines it specified)

Resolution dated 23 October 2012 – the SC disallowed the live media broadcast
of the Maguindanao massacre trials and allowed only the audio visual recording
and streaming of the video coverage both (1) for documentary purposes, and
(2) for transmittal to specified viewing areas: (i) outside the courtroom, within
the Camp Bagong Diwa premises, and (ii) selected trial courts in Maguindanao,
Koronadal, South Cotabato and Gen San City where relatives of the accused and
victims reside.

Rule 13.03 – Duty not to invite outside interference in the judicial proceedings

Rationale: This is to preserve the independence of the judges in the performance of their
duties

LEGAL ETHICS | ATTY. LOUIE JOHN LOOD | MIDTERMS | 17