ATENEO DE MANILA UNIVERSITY Y) ATENEO Vy CENTRAL [ BAR OPERATIONS 2016| arate) 1 BAR REVIEW NOTES | LEGAL ETHICS(s9)920 e801 yorseasgy dooyAATATVATAETA eee ee eee 3 2016 ETHICS PRE-WEEK REVIEWER LAWYER’S OATH meee do solemnly swear (hat Twill maintain allegiance to the Republic of the Philippines; | will support its constitution ‘and obey the lows as well 8s the legal orders of the duly constituted authorities therein: ! wil do no falsehood. nar consent (0 the doing of any in court: 1 will not willingly nor wsingly promote or sue any groundless, false or Unlawful suit, oF give eid nor consent to the ‘same; J wil delay no man for money or malice, {and will conduct myself as a fanyer accorcing fo the best of my knowledge and diseretion with all good fideily as well o the court 98 10 my clients: and 1 impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.” Aiways remember the hierarchy of duties of a lawyer: Society Legal Profession Courts Cents ‘What are the main sources of legal ethics In the Philippines? 4. The Lawyers Oath 2. The Cote of Professional Responsibility 3. Rule 138, Sec. 20 af the Roles of Court (Duties of attorneys) Jurisprudence of the Supreme Court The Canons of Professional Ethics {mandatory only for members of the Philippine Bar Association) DEFINITION OF TERMS What is Legal Ethics? Itis 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 28 embodied in the Constitution, Rules of Court, the Code of Brofessional Responsibility.” Canons of Professional Ethics, jurisprudence, moral laws ‘and special laws What is Judicial Ethics? Iig.a branch of moral science which treals of the right and proper conduct ané behavior to be observed by all judges and magistrates in trying and. deciding controversies brought before them for adjudication which conduct and behavior must be demonstrative of independence, integrity, impartiality, equality, propriety, competence, and diligence, THE PRACTICE OF LAW Who has the power to contro! and regulate the practice of law? Uncer Article Vill, Sec, 5 (5) of the Constitution, the Supreme Court has the power to promulgale rules ceneerning the admission to the proclice of law, the Inlegrated Bar, and legal assistance to the underpriviages What does the practice of law inciude? itis any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience, To engage in the practine of law is to give notice of render any kind of service, which oF devise oF seruice requires the use in any degree of legal knowledge or skill (Cayetano vs. Monsod, 202 SCRA 270), Is the practice of law a right or 9 privilege? Ii 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, $997, GR, 712) In effect, the privilege may be made subject te conditions and may be revoked for good cause. What is a Practicing Lawyor? He is a person engaged in the practice of law, which is aot limized to the conduct of cases in court, but includes legal advice and counseling, ‘and ‘the preparation of instruments and Contracts by which rights are secured. (Ulep vs. Legal Clinic, 223 SCRA 378, 1993). What are the factors determinative of engaging in the practice of law? (HACA) CE@ 2016 ETHICS PRE-WEEK REVIEWER HS PRE WEEK REVIEWER 1. Habituabty = Hobituaity impties customarily or habitually hholcing oneself out io the public 2s a lawyer Attorney-client elationship 3. Compensation = Compensation implies that one must have presented himself to be in the active practice and that his professional services are available to the public for compensation. a8 a source of his velhood or in consideration of his sai services, 4. Application of law, legal principle, practice, ‘er procedure + It calls for legal knowledge, training an experience (Cayetano vs, Monsod, 201 SCRA 210) Who may practice law? Any person duly admilled as a member of the bbar. oF admitied as such in accordance with the provisions of Rule 138 of tne Rules of Cour {and who is in good and regular standing (Rule 138, See, 1). What are the requirements for admission to the Bar under Sections 2, 5 and 6 of Rule 138? (CAR GAS) Gilizen of the Philippines ‘Atieast 21 years o's Philippine Resident Of Good moral character Musi have complied with the Academic requirements: a), Must have already earned a Bachelors Degree In Ants or Sciences (Pre-law} b) Law course — campletes courses. in Civil Law, Commercial Lav, Remedial Law, Criminal Law, Public Intemational Law, Political Lew, Labor and Social Legislation, Medical Jirsprodence, Taxation, Legal Ethics 6, Production before the Supreme Court Satisfactory evidence off 3) Good moral eraracier b) No charges against him, involving moral turpitude, have been fled or are pending in any court in the Philippines What is Good Moral Character? lis something more than an absence of bad character. It is the good name which the ‘applicant has acquired or should have acquired through association with is fellows, it means that he must have conductes himself es a man ‘of upright character ordinarily would, or should, ‘or does Such character expresees. itself neither in negalive nor in following the line of seast resistance, but quite often, in the will fo do the unpleasant thing fitis nght, and the resowe not to do the pleasant thing if itis wrong. (in re Argasino, 248 SCRA 14). When does good moral character need to exist? Good morat character‘ @ continuing Fequirement. it is nol only @ condition precedent for aamission to the legai profession, OIR it must also remain intact in order to maintain one’s good stansing in thal exclusive and Ronored fralemily. (Tepucar vs, Tapucar 1998, AM 4748), What is Moral Turpitude? Anything which is one contrary to justice, honesty. modesty or good morals. (Rules of Court. Rule 138, Sec. 27). What acts have been declared by the Supreme Court as invalving moral turpitude? 4. Violation of BP 22 1989; Re Conviction of inet 200: Bigaryy (In re Lontok, 1922) Murder (in re Gutiorrsz, 1962): Felsifcation of public documents (ln re Vailoces, 1982) Falsifcation of aor Pe, 2013); ‘Smuggling (In re Rovero. 1980) Abduction with consent {ine Basa, 7920); 8. Participation in fatal hazing” of a fralornity neophyte (Ia re Argosino, 1995) v Tuande, da B. Fortus, docision (Embido v, What is Hazing? [An intlation rte or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recrut, neophyte or applicant in some embarrassing oF humiliating situations such as forcing him to ca Gemenial, sily, foolish and other similar tasks or actives “or otherwise subjecting him’ to piysical ot psychological sutlering or injury (The Aot-Hezing Law. See. 1) Zhe Supreme Court has held that participation {nhazing falls far short of the standard of goce! Boral Character required for admission to the Ber. (In re Argosino, 1995: The consoioated Lenny Vila cases: Vilaea! v. People of ina Phitppines, Peopie vs. Court at Arpeals. Diser " Peple, Vilas, Escatona, Felosary 1, 2012) May a Filipino citizen who graduated trom a foreign taw school be admitted to the Philippine bar examination? Yes. Applicant wil be admitted upon Submission to the Supreme Court oy fications showing mpletion of all courses teading to the degre of Bachelor of Law enuivalent degree: 2 Recognition or accreditation of the law school by the proper authority: and 3. Completion ofall fourth year subjects in the Bachelor of Laws academic program in faw ‘school “duly recognized By’ the Philippine Government A Flinino citizen wna completed and abtained his or her degree in Bachelor of Laws of ity equivalent in a foreign law school mist ales Present proof of completion of a separe bachelor’s dearee, (Bar Matter No. 1153 March 9, 2010, Re: Letter of Aity, Esteuto B. Mendoza Proposing Re‘orms in the Bor Examinations Through Amendments to Ruios 198, Sec. 5 & 6 of the Rules of Cou) What is an Attorney at law? Helshe is a person who belongs to a class ot Persons who are licansed atficers of te cpu, empowered to appear proseculle 2nd defend and upon whom peculiar duties respensibllies, and kabiies are developed by law a8 @ consequence. (Cui vs. Cul, 120 Pht 729) What is on Attornay in fact? An altorney infact is an agent, not necessarily a lawyer, whoso authority to repre 2018 ETHICS PRE-WEEK REVIEWER Sauna limited by the power of attorney appointing hiner, What is a counsel of record? A counsel of record is one who has filed natiee of ppeerance and hence is formally mentioned in court records es the offeint atlomey af the party, Heishe is a person whan, the client has named as histhor agent inom whom service of papers may be mene Reynolds, Cal 24580), What is a Counsel de oftcio? A counsel de oficio is a lawyer appointed or assigned by the court from among mombere of the Bar in good standing who, by reaver cp {heir experience and ability (availabilty. sn willingness), “may adequately detena Ine Ave all counsel de oficio lawyers? No. tn locafties where membere of the Bar are net available, the court may appoint ae Person, resident of the province and. qeey Teputa for probity and abitly, to datend ine SeoUSeC. (Rules Of Court Rule 116. Sea 7) What are the instances when non-lawyers may be auithorized to appear in court? (LaMon-c) 1. Urder the Labor code, nontanye appear bofore NLRC of any Lalor Ar it a. They represent themsoives, of it b. They represent their organization or members thereof (PO 442. Ant 227 ge amended), 2 Legal Aid Program ~ A, senior law student, wiho IS enrolled ine recognized. tog Schools clinical education program Soproved by the Supreme Coun ‘may pear before any rout without compensation, lo represen! indigent Glients, accepted by the Legal Clinic of the {wv School. The student shall be under ihe itect supervision and cantrol of am IBF. rmber duly accredited by the law schoo! before the MTC: Pany to the litigation. in person OF through an agent or friend oF appointed by him for thal purpose (Rule 438, See. 34) Before any Other court: Party to the litigation. in person (ibid) EE© 5. Criminal case before the MTC in a locality where # Cul licensed member of the Bar 's Not available: the judge may appoint a who is 8. Resident of the province b. Of good repute for probity and ebilty lo aid the accused in his defense (Rule 416, Sec. 7), 6. Under the Cadastral Aci, a nondawyer can represent a claimant before the Cadastral Court (Act no. 2259, Ses. 9), This is now the Deperiment of Agrarian Reform Adjucication Board Does 2 person have the right to represent himself in civil cases? Yes. An individual tigant has the ight to Conduct his itigation personally in ivi cases. Does a person have the right to represent himself in criminal cases? ‘As a general rule, an accused who isa layman must always appear by counsel. He cannot Conduct his own defense as nis right fo counsel may NOT be waived withaut vielsting his rg to due process af law. However, in in criminal case: and lass grave offen: Fepresent himself, alia advisable involving grave person can this is not What is law student practice? A senior faw stucient, who is enrolied in a recognized law school's cinical education program approved by the Supreme Court may ‘appear before any court without compensation, {o represent indigent clients, accepted by the Legal Clinic of the taw school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school, (Rules of Court, Rule 139-4) Who may represont GOCCs in court cases? The Office of the Government Corporate Counsel represents all GOCCs in court cases. However, the Office of the Solicitor General ‘may be authorized by the Presicent or the head of the office concerned to represent GOCCs instead. (Gumaru v. Quirino State Coflege, GR No. 164196, 2007) 2016 ETHICS PRE-WEEK REVIEWER Are there proceedings wherein lawyers are prohibited from appearing? ‘Yes. Lawyers are prohibited from appearing in (1) barangay conciliation proceedings, and (2) small claims court proceedings, Does a Filipino lawyer wha became a citizen of another country andl later Feacquired Filipino citizenship under RA 9228 automatically regain his right to practice law? No, the right is not automatically regained The applicant must first comply with the fotiowing requirements before he edn practice lav in the Philippines: 1. Peition for Re-Acquistion of Philippine Citizanship; 2. Order (for Re-Acquistion of Philippine ctizensip: 3. Oalh of Aliagianca to the Republic of the Philippines, A. Identification Certificate (IC) lesued by the Bureau of immigration: 5, Centicate of Good Standing issued by the IBP; 6. Certiscation trom the IBP indicating updated payments of annual membership ss; 7. Proof of payment of professional tax: and 8. Certificate of campiance issued by the MCLE Ofice (In re: Dacanay. BM No, 2412, 2012) Who are public officials not allowed to practice law? (ProsidentJOG-SpecialcOG) 1. President, Vice-Presigant, members OF te cabinet, their deputies and assistants (Section 15, Art. Vill, 4987 Constitution.) 2, Judges and other officials as employees of the Supreme Court (Rute 148, See. 35, RRC.) 3. Officials and empleyees of the OSG is) 4. Government prasecitors (Supra, People v. Vitanveva.) 5, Those prohisited by Special iow 6. Members of the Gonistituional ctlon 2, An IK-A, 19877. Ombudsman and his deputies (ection 8, An. IX, 1987 Constitution.) 8. All Govemors, city anc municipal mayors What are the Remedies __against unauthorized practice of law? (DICED) 1. Declaratory reliet 2. Petition for inunction 3. Contempt of court 4. Criminal complaint for Estafa against a person who falsely represented to be {an attorney to the injury of a party Disqualification and complaints for ‘isbarment What are the sanctions for a non-lawyer engaged in the unauthorized practice of law? He i liable for criminal prosecution for illegal practice of low and also ingirect contempt of court May 2 government lawyer engago in private practice? ‘Yes. Government lawyers inay engage in the private practice of their profession, provided there is a writien permission from tha Department head. (Abella v Gruzaba, A.C. No. 5883, June 4. 2003 May a lanyer whe appeared as punong barangay between two parties in a conciliation proceeding later represent one of the parties in a subsequent case involving the same property? Under RA 7160 (the Loca! Govamnmant Code}. members of the sangguniang pambsrangey fare nat expressly prahibited from practicing their profession. However, they must first seek permission from the Secretary of the Interior ‘and Loca! Government before appearing for @ Wiredo M. Calu v. Aly. Vicente 6. A.C. No. $738, 2008). Caveat: The Supreme Court did not rule on the issue of contict of intarest in this case. Does the preparation of an extrajudicial settlement of estate by a court stenographer for another party constitute practice of law? 2016 ETHICS PRE-WEEK REVIEWER Yes. The practice of law means any activity in and out of court which requires the application of law. legal procedure, knowledge, training and exparience. In this case, the stenographer ‘was held to be guilty of simple miscondvet (Ariencia v, Minila, AM, No. 112980, 2013) Recent Jurisprudence: When a lawyer is suspended from the practice of aw, he must desist from performing all functions requiring the appication of togal knowledge within the periad of suspension. ‘This includes desisting from holding a position in government requiring the authority to practice law. Work in goverment that equires the use of legal knowledge is fconsiceved practice ef law. (Vietor C. Lingan ‘Atiys. Romeo Caubaqu and Jimmy P. Baliga, A.C. No. 5277, 2014) PRIVILEGES AND DUTIES AS ALAWYER What are the privileges of a lawyer? [PSP ASIF) 1, To Practice law during good behavior before any judicial, quasvjudicial, or administrative tribunal 2, The first one to sit in judgment on every case. to Set the judicial machinery in 3. Enjoys the Presumption of regulanty i the discharge of his duty 4. Immune in the performance of hig ‘bigation to his cient, from lability to 2 3 person insofar as he Goes not materially depart trom his character as a quasi judicial officer His statements, if relevant, p ‘materialto the subject of jusical inquiry are Absolutely privlaged rogardiess of their defamatory tenor and of the presence of Errst grade civil service elgitily for any position in the classified service in the ‘government the duties of which require the knowledge of Faw 7. Second grade civ service eligity for any ‘ther government position which does nct stinent oF Za@ Prescribe preficiency in jaw as 2 aualifcation, What are the four-fold duties of a lawyer? Lawyers have duties to (1) society, (2) the legal profession (felow lawyers), (3) the court, and (4) the client in that order. (See Cruz v. Alito- Hosmachuelos, A.M No. CA-04.38, March 31 7004) Society A lawyer should nol violate his responsibility to sociely. He/she must be an exemplar for righteousness, ready to render legal ai, foster social reforms, querdian of due process, aware of special role in the solution of special problems, and be always ready to lend assistance in the suey and solution oF social problems, Profession A lawyer must observe candor, fairness, courtesy and truthfulness. Heishe must also avoid encroachment on the business of other lawyers, and uphold the honor of the profession. Court ‘A lawyer is an officer of tha court. Meishe has the duty to respect or defend against criticisms Uphold authority and digally, obey orders and processes, and assist in the administration of Justice Client A lawyer must be devoled to the client's interest within lagal and ethical bounds. What are the specific duties of a lawyer under Section 20 of Rule 1387 (V's RED COAT) 1. To maintain Allegiance to the Republle of the Philippines and to support tho Constitution ang to obey the laws of the Prilippines: 2. To observe and maintain the Respect due to the courts of justice and judicial officers 2010 ETHICS PRE-WEEK REVIEWER 3. To counsel or maintain stich actions oF proceedings only as appear fo 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 consisient with Truth and honor. and never seek to misiead the judge (oF any judicial offic by an artifice or false statement of factor lov. 5. Tomaintain inviolate the Confidence and at every peril to himself, to preserve the Secrets in connection with hig client and to ‘cept no compensation in ennnection with his lient’s business except from him vi his knowledge and approval 8. To Abstain trom all offensive personality and 10 advance no fact prejudicial to the honor and reputation of a party or witness, unless required by the juslice 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 man's cause, from any corupl motive or interest 8. Never to reject for any consideration ersonal to himself, the cause of the defenseless or Oppressed; 8. In the Defense of a person accused of a crime, by all fair and honorable means, regardless of his personal ppinion as ta the gui of the accused, 19 Present every Sefense that the law parmits fo the end thal ne person may be deprived of lie or iberty but by due process of law, What are the dutias of a lawyer to society? ‘The primary duty of a lawyer to the sociely or the State is to maintain allegiance to the Republic of the Philippines. uphold the Constitution ard obey the laws of the land (Montecl 10. SCRA 234, 1974) As a servant of law, a lawyer belongs to a profession to which the society has entrusted the administration of law and the dispensing of lustice. (Samala v. Valencia, Adm, Case No. 5439, Jan 22. 2007} While the duty to uphold the Constitution and obey the law is an obligation imposed on every Citizen, a lawyer assumes responsibilities walt beyond the basic requiromente of good EEG0 citizenship. As @ servant of the law, lavyer should moreover make himself an example for others to emulate. Being a lawyer, he is suppesed to be a modet in the community in $0 far as respect for the law is concemes. (Lee v Tambango, A.C. No. 6281, Feb $2, 2008) CODE OF PROFESSIONAL RESPONSIBILITY Chapter + LAWYER AND SOCIETY CANON + A lawyer shall uphold the constitution, abey the laws of the land and promate respect for Jaw and for legal processes. Rule 1.01 - A lawyer shall not engage in untawful, dishonest, immorat or deceitful conduct. Rule 1.02 - A lawyer shall not counsel or abet activities almed at defiance of the law ‘or at lessening confidence in the legal system, Rule 1.03 - A lawyer shall not, for any corrupt motive or intorest, encourage any suit or preceeding or delay any man's Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy ifit will admit of a fair settlement. May a lawyer be suspended or disbarred for a misconduct committed In his. private affairs? Yes, A lawyer may be suspentied or disbarred for any misconduct, even if it pertains to his private activites, as tong as it shows him fo be ‘wanting in morel character. honesty, probity oF 00d demeanor. (Manaois vs. Deciembre, A No, 5364, August 20, 2008). Yes, A lawyer may be discipined for misconduct committed either in his professional er private capacity. The test is 2016 ETHICS PRE-WEEK REVIEWER whether his conduct shows hin to be wanting in moral character, honesty, probity, and good demeanor, oF whether it renders him unworthy (0 continue 2s an officer of the court. (Navarra vw Solidum Jr, A.C No, 9872, Jan 28, 2014). What is a Notary Public? He Is a public officer who is authorized by statute to administer various oaths and whose duty isto attest to the genuineness of any deed or writing in order fo render them avaiable as evidence of the facts stated thersin Can a lawyer be sanctioned as a member of the bar for misconduct as natary public? ‘Yes, A lawyer who is commissioned as a notary public has certain duties as a notary public, he on-fulfllment of which also constitutes a {ground for disciplinary achan as a member of the bar A notary public, who has personal knowledge of a false statement or information contained in the instrument to be notarized, proceeds to affix her notarial seal ont. Is she guilty of malpractice? Yes. In is case, respondents conduct ‘amounted 1o a breach of CANON 4 of the Code of Professional Responsibilty which requires, lanwers le obey the law and legal processes. Respondent also violated Rule 1.07 of the Coae whieh praseribes lawyers from engaging ii unlawful, dishonest, immoral or deceittul conduct. (Heirs of Vilaavava vs. Boradio, AC No. 6270, January 22, 2007). Is it neceseary for the notary public to know the signatories to a document signed in histher presence? ‘Yes. A notary public fs duly Bound to require the person execuiing a document to be personally present and to swear before him that he is the person named in the document and ig voluntarly and freely executing the act ‘mentioned in the decurmant. The notary publ faithfully discharges this duty by at least veniying the identity of the person appearing before him based! on the identification papers resented. (Gonzalos vs. Padiernos, AC No. 6713, Docamber &, 2000). Gu@ Can a lawyer who drafted and notarized another instrument that did not state the true consideration of the sale so as to reduce the taxes due, be suspended? Yes. in the case of Caalim-Verzonila v. Atty. Pascua (A.C. No. 6855.14 October 2011), the Court suspended the lawyer for notarizing @ Second deed of sale despite knowledge of its ilaga! purpose. The Court also noted in this case that the lawyer, aciing as notary publi nhuraber, page number and book number a3 tre first deed, reasoning that the second deed was intended to supplant ard cancel the frst deed. "ach instrument or document, executed, sworn to, of acknowledged before the notary cubic must be given a number corresponding to the one in his register, This is to ensure the accuracy and integnty of the entsies in the notarial register. What is Grossly Immoral Conduct? it is conduct which is wilful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. Maninag, 108 SCRA 697 What is @ Grossly immoral Act? It is one that is So corrupt and false as to constitute a criminal ect oF 80 unprincipled or disgraceful as to be reprehensible to 2 high degree, (Narag v. Narag. 291 SCRA 454 Lawyers whose acts are grossly immoral have ceased to possess the qualifications of a lawyer. (Mecaral v. Velasquez, A.C, Mo, 8392, June 29, 2070), Is the act of kissing or “beso-heso” on the cheeks considered a grossly immoral act? No. The acts of kissing or "bos0-beso" on the cheeks are mere gastures of triendship and camaradene, forms of greetings, casual and customary. The acis of respondent, though, in turning the head of the complainant towards him and kissing her on the lips are distasteful However, such act, even if considerad offensive and undesirable, cannot be considered grossly immoral. (Advincuia_vs. Macabata, AC No. 7204, Merch 7, 2007). Caveat: The rating in this case was based on 2016 ETHICS PRE-WEEK REVIEWER the nature and amount of evidence presented uring the discipinary proceedings. Atty. Z, a PAO lawyer, visited the Antipolo Gity Jail and called’ all detainees. with Pending cases befors the RTC Antipolo City and said that she could help them with their cases as she could help them bribe Judge M (who she insinuated had a soft heart for Sob Stories). Was Atty. Z's act proper? Ally. Z's improper adviee only lessens the ‘confidence of the public in our legal system. It ‘must be remembered that a lawyer's duly is not fo his client but to the administration of justice, To that end, his chent's success is wholly subardinate. Any means, not honorable, feir and honest which is resorted to by the lawyer. even inthe pursuit of his devotion to his, client's cause, is condemnable and unethical She is guity of giving improner adviee, but shall only sulter the penalty of reprmand and warning. The Court tock note that she was @ member of the PAO, and there was a lack of malice, (Arcola v. Ally. Mendoza, A.C. no. 10136, January 15, 2014). Atty. 2 entered into a contract of marriage with the sister of the complainant, and then contracted another marriage a year later. Can Atty. Z be disbarred for this? Yes. Respondent exhibited a deplorable lack of that degree of moralily required of him as a member of the Ear. His aet of contracting 3 second martiage while his first mariage is subsisting constitutes grassly immoral conduct and calls for disbarment under Section 27, Rule 138 of the Revised Rules of Court, (Bunugan: Bansig vs. Atty. Colera. A.C. No. 8587, Jan 14, 2014). A handed to Atty. Z the amount of P100k In exchange for the latter's postdated check, after reassurances from the latter that he had 2 “lucrative practice and good paying clients." However, the chack was. dishonored when it wes presented for payment because Atty. 2's bank account had been closed. Can Atty. Z be held administratively liable for this? Yes. The mischief created by Issuing 2 worthless check is not only @ wrong to the payee or holder, but elso an injury to the public. Being a lawyer, Atty. Z was well aware of the eeobjectives and coverage of BP 22. ithe did not hhe was nonetheless presumed to know them ‘Thal his ect involved a private dealing with Ong Gi not matter. His being a lawyer invested him whether he was acting as such or ina nom. professional capacily — with the obligation to exhibit good faith, faimess and candor in his felationship with others, There is no question that a lawyer could be disciplined not only for 3 ‘maiprectice in his profession, but also for any misconduct committed oulsice of hig Professional capacity. Respondent wos suspended for 6 months fer violating the lawyers oath, Canon 1, Rule 1.01, Canon 7 ‘and Rule 7.03, (Ong vs. Aity. Delos Santos, A.C. Mo. 10179, March 4. 2044), The RTC received a written communication from Mr. A. a solicitor in tho UK, who was asking for a copy of the decision in Special Preesedings Case no, 084, a decision which was presented by Ms. Quioyo in the UK. It was then discovered that no such case exists. It turned out that Atty. X, Asst Provincial Prosecutor, was the one who had facilitated the issuance of the falsified decision. Can Atty. X be disbarred for this act? Yes. A lawyer wha foryes @ court decision and ‘opresents it as that of court of law is quity of the gravest misconduct and desorves. the Supreme penalty of disbarment. Respondent was quily of grave misconduct for having authored the falsification of the decision in a Non-eyisient court praceeding Gross Immoraity. conviction of a crime invoiving moral turpitude, or fraudulent transactions can justly @ lawyer's disbarment or suspension from the practice of law. Specifically, the liberate falsification of the court decision by the respondent wes an act that rafleced a high egiee of moral tuipitude on Ws part. Worse. the act made a mockery of the administration ff justice in this country, given the purpose of the falsification, which was to mislead a foreign lribunal on the personal stalus of a person. He is quity of violating Canon 7, Rule 7.03, and Rule 1.01. (Embido v. Pe, A.M. No, 6732, October 22, 2013) X was charged with “willfully, unlawfully and knowingly making false statements in the certificate of live birth form of her son aE 2046 ETHICS PRI /EEK REVIEWER by falsely stating that she was married to Mr. Santos, the father of her son. Mr Santos' lawyer sent lotters to the Office of the Civil Registrar, NSO and St. Luke's Hospital to prevent the prosecution fram obtaining 2 certified true copy of the birth records. Can the lawyer be disciplined for this? ‘Yes. As an officer of the court, a lawyer is part of the machinery in the administration of Justice, A lawyer should not anly help attain the Speedy, efficient, imparial, correct, and inexpensive adjudication of cases and prompt Satisfaction of final judgments, but should ‘kewise avoid any unethical "or improper practices that may impede, obstruct, or prevent the realization of 3 speedy and efficient ‘aciministration of justice. in the present ca the respondent sent lettars to prevent the prosecution trom obtaining a certified true copy Of the bitth eettificets of Vicior Canaco Delos Santos. ‘The preliminary conference was >rec'sely postponed io allaw the prosecution to Secure this certified tue copy. Thus, the respondent wiltully disobeyed a lawful order of he court that was inlendad fo avoid any further delay of the proceedings in the criminal case Respondent was suspended in this case. (Oe jos Santos v. Aly. Barbosa, A.C. No. 6681, June $7, 2015) Gan a lawyer compromise the case without the client's consent? ‘Asa general rule, no. A lawyer needs spacial authority from the client to enter into a compromise, When may a lawyer bind his client without special power of attorney? A lawyer can bind hie chent without special Power from the latier only in matters. of procedure. The lawyer, may. therefore. be isciplined for compromising, selting dismissing, waiving or disposing of his client's Cause. property, interest wilhout prior subsequent authorily from the client because any of such sieps Goes not involve matters of Procedure, CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner compatiblo with the independence, Page 901 78:Integrity and effectiveness the profession, of Rule 2.04 -A lawyer shall not reject, oxcopt for valid reasons, the cause of the defenseless or the oppressed, Rule 2.02 In such cases, even if the lawyer does not accept a caso, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Rule 2.09 - A lawyer shall not do or permit to be done any act designed primarily to solicit tegal business. Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances s0 warrant. What are the primary characteristics which istinguish the logal profession from 3 business? (HOOR) 1. Atelalion to clients in the Highest degree of fiduciary 2. A relation as en ‘Officer of court’ to the ‘adiinistration of justice invoiving thorough sincerity, integrity ane rellabity 3. Duty of sence, of which the emolument is a by-product, and in which one may aitain the highest eminence without making such money 4. A Relation to colleagues al the bar characterized by candor, feimess and unwilingness to resort to current business 10ds of advertising and encroachment ‘on their practica or dealing with their clients, Can a lawyer solicit eases for gain? No. Rule 198, Sec, 27 of the Rules of Cour expressly slates that the practice of solicting cases at law for the purpose of gain. either personally or through paid agents or brokers, Gonsituies malpractice. This 1s sufficient 0 warrant the lawyer's reprimand, suspension from tha practice of law, or even remewval fram office. What is Ambulance Chasing? 2016 ETHICS PRE-WEEK REVIEWER Itis an act of chasing viclims of accidents for the purpose of talking to the sald victims (or Ielatives) ano offenng his legal services for the filing of a case against the person(s) who cased the accident(s). This term however has evolved to include all acts of barratry and not fnly limited to scenarios where there is an aecident What is Barratry? Wis an offense of frequently exciting and string up quarrels and suis, elther at law or othersise. itis a lawyer's act of fomenting suits among individuals and offering his Jegal services to one of them, Ambulance chasing and barratry are ferms of solicitation that are deemed unethical CANON 3 A lawyer in making known his legal services shall use only true, honest, fair dignified and objective information or statement of facts, Rule 3.01 - A lawyer shall not use or permit the use of any false. fraudulent, misleading, deceptive, undignified, solf-laudatory or unfair statement or claim regarding his Qualifications er legal services, Rule 3.02 - In the choice of a firm name. ne false, misleading cr assumed name shall be used. The continued use of the name of 2 deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased, Rule 3.03 - Whero 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 Are lawyers allowed to advertise their No, advertisements sre not alowed. The most wotthy and effective aevertisement possibie is the establishment of a weltmerited reputation for professional capacity and fidelity ta trust raWhat acts are considered indirect advertisements? Indirect advertisements for _ professional employment, such as furnishing or inspiing 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 conduet, the magnitude of the interest involved, the importance of the lawyer's position, and all other selFaudation Is the rule on advertisements absolute? No. The follawing are considered permissible advertisements: (Yellow Legal RACE) 1 pagesiielephone — diroctories onlaining the firm name, addesses and contact numbers 2. Advertisements ar srnouncement in any Leas! publication, including beaks, Journals, and legal magazines. 3. Reputable law ists, in a manne: consistent lai the standards of conduct imposed by tho canons, of brief biographical and informative data, are allowed (Ulep v Legal Clinic, Ine. &.M. No. 853, 1993) 4. Asimpie Announcement of the opening of a law firm or of changes in the partnership, associates, fim name or office address, being for the convenience of the profession, is not objectionable (1d). 5. Ordinary simple professional Gerd, It may Contain oaly a statement of his name, the name of the lave frm which he is connected with, address, telephone numbar and the special branch of law practiced (1d). 6. Advertisements or simple announcement ff the Existence of a lawyer or is law fern posted anywhere itis proper such as his, place of business cr residence except ‘courtrooms and government buildings. Tho door to Atty. B's office contains the following sign: “Atty, 8. Notary Public, Consultations for Free”. Is the sign ethical? It ie unethical. Such sign gives an idea of ‘competition among notary public layers. Can a law firm still use the name of a deceased partner? Yes, The continued use of the name of a deceased pariner is permissible provided that 2016 ETHICS PRE-WEEK REVIEWER the firm indicates in all its communication that said partner is deceased. (Rule 3.02) Can a faw firm still uso the name of a partner who accepts public office? AS a general rule, when a pariner accepls public office, he shall witharaw fam the fim and his name shalt be cropped from the firm name unless the law allows him to practice law concurrently, (Rute 3.03) To which public officials does the absolute prohibition apply? (PresidentJOG- SpecialcOG) 1. President, Vice-Presidant, members of the cabinet, their deputies and assistants [Section 15, Ae, Vill, 1987 Constitution.) 2. Judges and other officials as employees ‘of tie Supreme Court (Rule 148, Sec. 35, RR 2. Offciats and empoyees of the OSG (td.) 4. Government prosecutors (Supra, People ¥. Vitlanuava.) 5. Those prohibited by Special law 6 Members of the Gonstituticnal Commission (Seelion 2, Art IX-A, 1987 Constitution.) 7. Ombudsman end his deputies (Section 8, [Ait X. 1987 Constitution.) 8. All Governors. cy and municipal mayors To which publie officials does the qualified prohibition apply? 1. Members of the Legislature 2. Sanggunian Members, When does the qualified prohibition apply to Members of the legisiature? W applies when Members of the Legislature appear as counsel before any court of justice, of before Electoral triounals, er quasi-judicial and other administrative bodies. This includes Hing of pleadings on hehaif of @ client or his name te appear in such pleadings by itself or part of the fr name. Senator E is a name partnor in a law firm, can the law firm still use his name? Yes, bul he cannot appear before any court of lustice, of before ihe electoral triounals, oF Quasi judicial and other administrative bodies. (art. VI, See, 14, Philippine Constitution) Page 110178oO 2016 ETHICS PRE-WEEK REVIEWER What are the instances when the qualified Prohibition applios to. Sanggunian Members? (FFU) 4. They appear as counsel before any court in ‘any Civil case wherein a local goveinment unit or any office, ageney or instrurnentslity of the government is the adverse party: 2. They appear as counsel in any Criminal case wherein an officer or employee of tha National or local government is accused of an offense commited in relation to bis office: 3, They collect any Fee for thelr appaarance in adminstative proceedings involving the Focal government unit of which he 1s an officials ana 4. They Use property and personnel of the Government except when the sanggunian member concemned s defending the interest of the government Four lawyers formed a law firm which was named "St, Thomas More Law Advocates.” Supposing the four are able to have the said name registered as a service name with the relevant local government where their office will be located, can they go head with the said name? Will your ‘answer be the same if they append their surnames to the said name? No. on both counts, Under Rule 3,02, CPR. no false, misteading, er assumed name shail be used. Further, under Rule 3.01, no misleading, deceptive, undignified, of sei laudatery statement or claim regarding one's {qualifications or legal services is allowed. The moniker gives tho law firm an unwarranted religious or spiritual tone, which can mislead clients or the public. 1 can also denote a farm of ethical superiority smacking of self. Jeucation CANON 4 ‘A lawyer shall participate in the provement of the legal system by initiating or supporting efforts in faw reform and in the administration of justice, CANON 5 st of legal continuing A lawyer shall keep abr developments, participate legal education programs, support offorts to achieve high standards in law schools a3 ‘well as in the practical training of students and assist in disseminating. information regarding the law and jurisprudence. What does CANON § mean? Implicit in a lawyer's mandate to protect a clients interest to the best of histher abilty and with utmost diigence is the duly 10 Keep ‘abreastof the [aw and legal developments, and participate in continuing legai education programs. Thus, in championing the interest of Clients and cefonding cases, a lawyer must not only be auided by the siict standards imposed by the lawyer's oath, Dut should Hkewise espouse legally sound ergumonts for clients, lest the lallers cause be dismissed on a technical ground. igrorance encompasses both substantive and procecural laws, (Wsrams v. Enviquee, AC No. 6352, Fobruary 27, 204 What are the three-fold obligations of a lawyer? First, he owes it to himself to continue improving his knowledge of the taws: ‘Second, he oivos it to his profession to take an active interest in the maintenance of high slandards of legal educatian Third, ne owes it to the lay public fo make the law @ pert oftheir social consciousness, BAR MATTER 850- MANDATORY CONTINUING LEGAL EDUCATION (Adopting the Rules on the Continuing Legal Education for Members of the Integrated Bar of the Philippines) August 22, 2000 ) What Is the purpose of MCLE?© 2016 ETHICS PRE-WEEK REVIEWER. It is required of members of the IEP to ensure thal throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession. and enhance the standards of the practice of law, What are the requirements of completion of MCLE? Members of the IBP shal complete every 3 years at least 36 hours of cantinaing legal education activites How shall the 36 hours be divided? ‘The 36 hours shall be diviced a2 follows: a) 2 hours International Law and international Conventions b) 4 hours - Trial and Pretial Skits ©) 4 hours Legal Writing and Oral Advocacy 1) S hours — Alternative Dispute Resolution 2) G hours ~ Legal Ethics f) 9 hours — Updates on substantive and procedural laws and jurisprudence a) Remaining 6 hours = Such olher subjects ‘as may be prescribed b MCLE. the Committee on Are all members obligated to fulfil the requirements of completion? Yes. Bul a member may fle a vetified request salting forth good cause for exemation (such as ohysical disability. illness, post-graduate study abroad, proven expertise. in fav, etc) from compliance with or modification of any of the roquiroments, inchuding an extension of time for compliance, in accordance with procedure to be established by the Committee an MCLE What must the member submit as proof of exemption? Applications for exemption from or modi of the MCLE requirement shall be unds and supported by documents. What constitutes non-compliance? (CASE PO) 1. Failure to Complete education requrement within the compliance perios 2. Failure to provide Attestation of compliance er exemption 3, Failure 1o provide Satistac ‘compliance (including evidence of exempt status) within the praserbed period 4, Feilue to satisfy the Education requirement and furnish evidence of such compliance within 60 days from receipt of ‘non-compliance notice 5. Faiiure to Pay non-compliance fee within the prescribed periog 6. Any Qther act oF emission anatogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements, What Is a Non-Compliance Notice? Members failing to comply will receive @ Non: Compliance Notice stating the specific deficiency ane will be given 60 days from date of notification to file @ response. What are the consequences of non- compliance? 1 A member who falls to comply with the Tequirements after the 60-cay petiog shall be listed as delinquent member by the IBF Board of Governors upon econimondation of the Commitee on MCLE, The listing as a delinquent member is aciministratve in nature but shall be made ith notice and hearing by the Commatee on MCLE CANON 6 Those canons shall apply to lawyers in government service in the discharge of their official tasks. Rulo 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see to it 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 for disciplinary action. Rule 6.02 - A lawyer in the government Service shall not use his public position to promote or advance his private interests nor allow the fatter to Interfore with his public duties GEEo 2016 ETHICS PRE-WEEK REVIEWER Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or ‘employment in connection with any matter in which he had intervened while in said service. Who are public officials? Pubic officials include elective and appointive officials and employees, permanent or temporary, whether in the career ar non-career semice, cluding miilary and police personne! whether oF not they receive compensation, fogardless of amount. (Sec. 3 (b). RA 6713) What are the restrictions against using public office to promote private interest? Public officials and employees during their incumbency shall not (MACO ERU) 4, Qyn, Conlrol, Manage or Accept employment as officer, employe. consultant, counsel, broker, agent, trustee for nominge in any private enterprise regulated, supervised of licensed by their office unless expressly alowed by law 2. Engage In the private practice of their profession, unless aulhorized by the Constitullen or lew, provided that such practice wil not conflict or tend to confict ‘with their official functions 3. Recommend eny person to any positon in private enterprise which has @ regular or ing official transaction with their office. 4, Use of civulge confidential cr classified information officially Known to them by teason of their office and not available to the public, Norms of Conduct of Public Officials Under RA No, 6713, Section 4, the following norms of conduct are expected from government counsels as public oficials in the ‘conduct and execution of their duties: ‘Commitment to pubic interest Professionalism Jusiness and sincerity Political neutrality Responsiveness to the public Nationatiem and patriots Commitmant to democracy Simple living What is the primary duty of @ lawyer engaged in public prosecution? ‘The primary duly of a lawyer engaged in public proseculion is not fo convict fut to see that Justice is done. A lanyer should recommend the acquital of tha accused whose conviction is onappeal, if he finds no legal basis to sustain the conviction can the OSG represent a public official at any stage of a criminal ease? Ne. How should lawyers in government service conduct themselves? Lawyers in government service should nat use their public positon to promote or advance thelr private interest, nor allow the lator to interfere with their public duties, (Rute 6.02) What acts constitute promotion of private interest? Promotion of private interest includes soliciting gite or anything of monetary valve In. any franeaction roquiring the approval of one’s ice or which maybe affecied by the functions of one's office. (Huyssen vs. Gullerrez, AC No. 8707, Maech 24. 2006) What is the prohibition on lawyers after leaving the government service? Lawyers shall not, affer leaving qovetriment senviro, accept engagements ar employment incennection with any matter in which they had intervened while in said service. (Rule 6.02} Section 7 (0) of RA 6713 pronibits any former public afficiat or employee for a period of one (i) year after retirement or separation from office to practice hisiner profession in connectign with any other matter before the bffice he/she used to be with Matter" ~ as defines by Format Opinion 342 of the American Bar Association, is the discrete isolatable act as wal as identifiable transaction fr conduct involving @ partieular situation and ic party, and nol merely an act of drafting, enforcing or interpreting government cr agency procedures, regulations or taws, or blefing Bbstrect principles of aw (PCCG vs. Sandiganbayen, 258 SCRA 685) ice‘Intervene must be a substantial (not meraly innocuous or insignificant} intervention thal ‘must affect the Interests of partias. (PCCG va. ‘Sandiganbayan, 258 SCRA 685) What does Rule 6.03 entail? Lawyers inthe government service are prohibited to engage in the private practice of hair profession unless authorized by the constitution of faw, provided that such practice vill not confiet oF tend to conflict with their ‘official functions Chapter it ‘The Lawyer and the Legal Profession CANON 7 A lawyer shall at all times uphold the integrity and dignity of the fegal profession, and support the activities of the integrat bar Rule 7.01 -A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. Rule 7.02 - A lawyer shall not support tte application for admission to the bar of any person known by him to be unqualified in respect to character, education, of other relovant attribute, Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. A lawyer declarzd in his application for ‘Admission to the Bar Examinations that he was “single” when in fact he was secretly married. Did he violate the Code of Professional Responsibility? Yes. It was. gross misrepresentation of @ material fact made in utlor bac faith. That false Statement, ii had been known, would have flisqualified him outright from taking the Bar Examinations 28 it indubitably exhibits lack of 2016 ETHICS PRE-WEEK REVIEWER , ‘900d inoral character. (Leda vs. Tabang, AC No, 2508, February 21, 1992) A lawyer did not disclose in hie Petition to take the Bar Examinations that he has 3 pending criminal cases in the MTC. Did he Violate the Code of Professional Responsibility? Yes. The act of concealment constitutes dishonesty. It has been held that good moral character is what a person really Is, a8 tigtinguishad from good reputation of from the pinion generally entertained of him, the estimate in which he is held by the public in the place where he is known, Good moral Character includes at least common honesty (in the matier of the Disqualification of Bar Examinee Haron S. Meling ia the 2002 Bar Examinations and for disciplinary action as of the Philippine Shara Ber, Ally Frollan R, Molendrez, BM No. 1184, June 8, 2004) Atty. A filed multiple complaints against Spouses B and C, who were complainants nan administrative case filed against Atty. A, Was Atty. A’s act in keeping with the dignity of the fogal profession? No. Ay. A's act of flng multiple cases against Ihe complainants evinces. vincictiveness, a decivedly undesirable trait whether Ina lawyer ‘or ancther individual, (Sahumido vs, Madrona. AC No, 4497, September 26, 2001) A lawyer abandoned his family and lived with another woman. Did he violate the Code? Yes. He breached the high and exacting moral standards set for members of the law profession, A lawyer may be disbarred for any rriisconduct, whether in his professional oF private capacity, which shows him lo be ‘wanting in maral charactor, in honesty. probity ‘and good demesnor or unworthy to continua as an officer of the court. (Narag vs. Narag, AC No. 3405, June 29, 1986) May a lawyer be disbarred ponalized for ‘cts done not in a professional capacity? Yes. A. lawyer may be discipined for Inisconduct commined either in his professional or private capacity. The test is ‘whether his conduct shows him fo be wanting qe