Seafarer’s Protection; New Law Against rampant in the country, especially noted in the

Ambulance Chasing maritime industry.

Some lawyers have taken advantage of the

I am Nollora, and I’ll be presenting the RA plight of our seafarers who met an accident,
10706 also known as the Seafarers Protection illness, or death in the course of their service.
Act.
To exploit the compensation system, these law
- It aims to promote and protect Filipino practitioners have purposely sought excessive
seafarers seeking overseas employment. labor claims not commensurate to their actual
entitlement, if not at all bogus. Unwittingly, our
-The Act seeks to eliminate unfair practices, seafarers have fallen prey to this scheme
specifically ambulance-chasing, which involves enticed by the promise of huge monetary
charging excessive fees under false awards.
promises of large monetary awards
Apparently, these ambulance chasers do not
only resort to this unacceptable practice but
-The State recognizes the exploitation of also charge exorbitant legal fees and seek up
seafarers by unscrupulous individuals, to 40% of the total money claims granted.
particularly in cases of accidents, illness, or
death. Being a lawyer, we are at the core of our main
duty to help those who are in need, oppressed
-The Act seeks to eliminate unfair practices, and in distress but not at the expense of the
specifically ambulance-chasing, which involves administration of justice.
charging excessive fees under false promises
of large monetary awards.
Many lawyers across the Philippines try to
capitalize on other people's misfortunes.
This act mainly focuses on new laws against
Hence, the term "Ambulance chasing" which is
ambulance chasing.
an unfortunate side effect of the practice of law.
One of the ways on how they do this is that
Ambulance-chasing has been discussed in lawyers target one individual for representation
code of professional responsibility and the moment one is injured.
accountability of legal ethics of an attorney.
Although it is not unheard of to actually be
The Code of Professional Responsibility of chased by a lawyer while you are in an
Lawyers dictates that one should not solicit ambulance, the term also encompasses other
legal business and has the obligation not to approaches, like meeting an attorney in a
encourage suits to prevent barratry and doctor's office, receiving a lawyer's contact
ambulance chasing. information from a nurse in a hospital, or
receiving a phone call from an attorney at
However, despite this code of ethics, the home after an accident.
practice of ambulance chasing has become
Now, there is nothing wrong with the attorney shall not exceed 10% of the compensation or
coming to meet you in the hospital, but this benefit awarded to the seafarer or his/her heirs.
should happen only after you or a family
member has contacted said Attorney.
Prohibition on Ambulance Chasing
ambulance chasing refers to the practice of
soliciting legal business from accident victims ●​ Engaging in ambulance chasing is
or their families at the scene of an accident or declared unlawful.
disaster. ●​ This includes soliciting claims from
seafarers or their heirs for monetary
ELEMENT OF THE OFFENSE recovery against employers.
1) a person or his agent solicits from a seafarer ●​ The act of solicitation can be direct or
or his heirs, the pursuit of a claim against the through an agent.
employer of the seafarer;
●​ Any fees charged for such services
(2) such claim is for the purpose of recovery of must not be deducted from the
monetary award or benefits arising from monetary claims awarded to seafarers
accident, illness or death, including legal
or their heirs.
interest; and

-​ The Act seeks to eliminate unfair

practices, specifically ambulance
chasing, which involves charging
excessive fees under false promises of
large monetary awards.
-​
(3) the pursuit of the claim is in exchange of an
amount or fee which shall be retained or
deducted from the monetary award or benefit
granted or awarded to the seafarers or their
heirs. R.A. No. 10706 also provides that the
total compensation for the person who appears
(3) the pursuit of the claim is in exchange of an
amount or fee which shall be retained or
deducted from the monetary award or benefit
granted or awarded to the seafarers or their
heirs. R.A. No. 10706 also provides that the
total compensation for the person who appears
for or represents the seafarer or his/her heirs
Case: Pedro Linsangan vs Atty. Nicomedes a loan of P50,000.00. Complainant also
Tolentino - A.C. No. 6672 attached "respondent's" calling card.
Respondent, in his defense, denied knowing
The case at bar is a complaint for disbarment Labiano and authorizing the printing and
filed by Pedro Linsangan against Atty. circulation of the said calling card. Hence, we
Nicomedes Tolentino for solicitation of clients question whether or not Tolentino's actions
and encroachment of professional services. warrant disbarment.
Complaint alleged that respondent, with the
help of paralegal Fe Marie Labiano, convinced The Supreme Court ruled that, yes, according
his clients to transfer legal representation. to Rule 2.03 of the CPR provides that a lawyer
Respondent promised them financial shall not do or permit to be done any act
assistance and expeditious collection on their designed primarily to solicit legal business.
claims. Hence, lawyers are prohibited from soliciting
cases for the purpose of gain, either personally
To induce them to hire his services, he or through paid agents or brokers. Such
persistently called them and sent them text actuation constitutes malpractice, a ground for
messages. To support his allegations, disbarment. Rule 2.03 should be read in
complainant presented the sworn affidavit of connection with Rule 1.03 of the CPR which
James Gregorio attesting that Labiano tried to provides that lawyer, shall not for any corrupt
prevail upon him to sever his lawyer-client motive or interest, encourage any suit or
relations with complainant and utilize proceeding or delay any man's cause. This rule
respondent's services instead, in exchange for proscribes "ambulance chasing" (the
a loan of P50,000.00. Complainant also solicitation of almost any kind of legal business
attached "respondent's" calling card. by an attorney, personally or through an agent
Respondent, in his defense, denied knowing in order to gain employment) as a measure to
Labiano and authorizing the printing and protect the community from barratry and
circulation of the said calling card. Hence, we champerty. In the case at bar, complainant
question whether or not Tolentino's actions presented substantial evidence (consisting of
warrant disbarment. the sworn statements of the very same persons
coaxed by Labiano and referred to
The Supreme Court ruled that, yes, according respondent's office) to prove that respondent
to Rule 2.03 of the CPR provides that a lawyer indeed solicited legal business as well as
shall not do or permit to be done any act profited from referrals' suits. Through Labiano's
designed primarily to solicit legal business. actions, respondent's law practice was
benefited.
Hence, lawyers are prohibited from soliciting
cases for the purpose of gain, either personally Hapless seamen were enticed to transfer
or through paid agents or brokers. Such representation on the strength of Labiano's
actuation constitutes his allegations, word that respondent could produce a more
complainant presented the sworn affidavit of favorable result. Based on the foregoing,
James Gregorio attesting that Labiano tried to respondent clearly solicited employment
prevail upon him to sever his lawyer-client violating Rule 2.03, and Rule 1.03 and Canon 3
relations wit complainant and utilize of the CPR and section 27, Rule 138 of the
respondent's services instead, in exchange for Rules of Court. Any act of solicitations
constitutes malpractice which calls for the Rule 1.01 - A lawyer shall not engage in
exercise of the Court's disciplinary powers. unlawful, dishonest, immoral or deceitful
Violation of anti-solicitation statutes warrants conduct.
serious sanctions for initiating contact with a
prospective client for the purpose of obtaining There is no distinction as to whether the
employment. Thus in this jurisdiction, the Court transgression is committed in the lawyer's
adheres to the rule to protect the public from professional capacity or in his private life or in
the Machiavellian machinations of his private transactions. This is because a
unscrupulous lawyers and to uphold the nobility lawyer may not divide his personality as to be
of the legal profession. Canon 2: A lawyer shall an attorney at one time and a mere citizen at
make his legal services available in an efficient another, and his private life may reflect
and convenient manner compatible with the unfavorably upon the good name and prestige
independence, integrity and effectiveness of of the profession and the courts. It is a lawyer's
the profession. duty to act with honesty, morality and lawful
Conduct.
Rule 2.03: A lawyer shall not do or permit to be
done any act designed primarily to solicit legal Any of the three would be sufficient ground to
business. file disciplinary proceedings against a lawyer.
The dishonesty, gross immorality and violation
Duties on the part of lawyers being upheld by of a law need not to be committed in relation to
the prohibition against "ambulance chasing" his professional duties; the lawyer may be
Canon 1: A lawyer shall uphold the constitution, sanctioned for acts committed in his private
obey the laws of the land and promote affairs.

Canon 1 of the Code of Professional Unlawful conduct is a transgression of any

Responsibility states the first and foremost duty provision of law which not need to be a penal
of a lawyer — to maintain allegiance to the law. The presence of evil intent on the part of
Republic of the Philippines, uphold the the lawyer is not essential in order to bring his
Constitution and obey the laws of the land. act of omission within the terms of this rule.
Beyond this duty, a lawyer still has to play the Dishonest act denotes an absence of integrity,
role of a servant of the law as he belongs to a a disposition to cheat, deceive, or defraud and
profession to which society has entrusted the betray. Immoral or deceitful conduct is defined
administration of law and dispensation of as wilful, shameless and has a moral
justice. As such, a lawyer should make himself indifference to the opinion of the good and
an example for others to emulate (Lee v. respectable members of the community.
Tambago, A.C. No. 5281, February 12, 2008).
Moral turpitude is an act of baseness or mere
citizen at another, and his private life may
Moreover, a lawyer, as an embodying figure of reflect unfavorably upon the good name and
justice and conduct, must at all times observe prestige of the profession and the courts. It is a
proper decorum and respect to the law and lawyer's duty to act with honesty, morality and
legal processes and not by any means creating lawful Conduct.
and following his or her own version of "legal
profession."
Any of the three would be sufficient ground to Lawyers are expected not to promote or assist
file disciplinary proceedings against a lawyer. an organization which will violate the law and
The dishonesty, gross immorality and violation afterwards, defend them.
of a law need not to be committed in relation to Rule 1.03 - A lawyer shall not, for any corrupt
his professional duties; the lawyer may be motive or interest, encourage any suit or
sanctioned for acts committed in his private proceeding or delay any man's cause.
affairs.
A lawyer has a duty against barratry which is
Unlawful conduct is a transgression of any the offense of frequently exciting or stirring up
provision of law which not need to be a penal quarrels and suits, either at law or otherwise
law. The presence of evil intent on the part of and this rule prevents ambulance chasing
the lawyer is not essential in order to bring his which is defined as a solicitation of almost any
act of omission within the terms of this rule. kind of legal business by laymen employed by
a lawyer or by the attorney himself.
Dishonest act denotes an absence of integrity, Volunteering advice to bring lawsuit comes
a disposition to cheat, deceive, or defraud and within the prohibition, except where ties of
betray. Immoral or deceitful conduct is defined blood, relationship, and trust make it a duty to
as wilful, shameless and has a moral do so as stated in the Rules of Court, Canons
indifference to the opinion of the good and of Professional Ethics, Canon 28. A lawyer
respectable members of the community. Moral owes to the society and to the court the duty
turpitude is an act of baseness or depravity in not to stir up litigation. It Is their duty to
the duties which one person owes to another or encourage suits or legal actions with noble
to society in general which is contrary to the intent to pursue or protect a right a person and
usually accepted and customary rule of right not to delay any man's cause which was also
and duty which a person should follow. Thus, it mentioned in the lawyer's oath.
is an act contrary to justice, good morals and
modesty. Crimes involving moral turpitude are
falsification of public documents, bribery,
estafa, murder, abduction, seduction,
concubinage, smuggling and violation of BP 22.

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.

According to Rules of Court, Code of

Professional Ethics, Canon 32, a lawyer
advances the honor of his profession and the
best interest of his client when he renders
services tending to impress upon the client and
his undertaking exact compliance with the
principles of moral law.