Professional Documents
Culture Documents
Legal Ethics
Preliminary
1. A duty of public service.
1. Branch of moral science which 2. A relation, as an ―officer of the
treats of the duties which an court‖, to the administration of
attorney owes to the court, to his justice involving thorough sincerity,
client, to his colleagues in the integrity and reliability.
profession and to the public. 3. A relation to clients with the highest
2. It is the embodiment of all degree of fiduciary
principles of morality and 4. A relation to the colleagues at the
refinement that should govern bar characterized by candor, fairness
the conduct of every member of and unwillingness to resort to
only master its tenets and principles but o Body of all principles of morality
To fulfill obligation:
endeavor. o ―Living spirit of the profession.‖
o Branch of moral science which
1. Professional standards be treats of duties which an attorney
constantly inculcated among owes to the court, to his client, to
lawyers.
Terms used to describe a member of
his colleagues, and to the public.
2. ―Manual of equipment‖ – rules
and ethics of the profession the legal profession:
collated, readily available to o Lawyer, Attorney, or Attorney-At-
every attorney. Law.
o Advocate, Barrister, Counsel or
Sources of Legal Ethics: Counselor.
1. The 1987 Constitution. o Proctor, Solicitor.
2. Applicable Jurisprudence. o Spanish: Abogado.
3. Code of Professional
The term refers to that class of persons
o Filipino: Manananggol.
Responsibility.
4. New Civil Code. who by license are officers of the court
5. Rules of Court. empowered to appear, prosecute, and
6. Revised Penal Code.
A person who is a member of the
defend.
7. Local Government Code.
Philippine Bar who, by warrant of
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
professionally in legal formalities. court in a doubtful question or issue
Those who passed the Shari’a Bar not
pending before it.
entitled to be called ―Attorneys‖ unless “Bar” refers to the legal profession.
“Bench” refers to the judiciary.
admitted to the Philippine Bar.
Counsel de parte: Client – one who engages the services
o An attorney retained by a party of a lawyer for legal advice or for
litigant, usually for a fee, to purposes of prosecuting or defending a
prosecute or defend his cause in suit in behalf and usually for a fee.
court. Lawyer – this is the general term for a
o Implies freedom of choice either person trained in the law and
on the attorney or the litigant. authorized to advice and represent
Counsel de oficio: others in legal matters
o Attorney appointed by the court. Attorneys-At-Law – that class of
o To defend an indigent defendant persons who are licensed officers of the
in a criminal action. courts empowered to appear, prosecute
o To represent a destitute party. and defend, and upon whom peculiar
Attorney of record: duties, responsibilities and liabilities are
o Attorney whose name, together developed by law as a consequence.
with his address, is entered in the Attorney in fact- simply an agent
record of the case as the whose authority is strictly limited by the
designated counsel of the party instrument appointing him. His
litigant. authority is provided in a special power
o To whom judicial notices are of attorney or general power of
sent. attorney or letter of attorney. He is not
A lawyer “of counsel” is an
necessarily a lawyer.
experienced lawyer, who is usually a Bar Association – an association of
retired member of judiciary employed members of the legal profession like the
by law firms as consultant. IBP where membership is integrated or
Amicus Curiae is: compulsory.
o An experienced and impartial House Counsel – one who acts as
attorney invited by the court to attorney for business though carried as
appear and help in the disposition an employee of that business and not
of issues submitted to it. as an independent lawyer.
o It implies friendly intervention of Lead Counsel – the counsel on either
counsel to call the attention of side of a litigated action who is charged
the court to some matters of law with the principal management and
or facts which might otherwise direction of a party’s case, as
escape its notice and in regard to distinguished from his juniors or
which it might go wrong. subordinates.
o Appears in court not to represent Practicing Lawyer – one engaged in
any particular party but only to the practice of law who by license are
assist the court. officers of the court and who are
Amicus Curiae par excellence – bar empowered to appear, prosecute and
associations who appear in court as defend a client’s cause.
amici curiae or friends of the court. Acts
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
his own behalf. its function to decide who may enjoy
Trial Lawyer – one who personally the privilege of practicing law. Could be
handles cases in court, administrative considered unconstitutional.
agencies of boards which mean SC POWER TO REGULATE PRACTICE OF
engaging in actual trial work, either for LAW includes:
the prosecution or for the defense of 1. Authority to define that term.
cases of clients. 2. Prescribe qualifications of a
candidate and the subjects of the
composed of a member of the Court
who acts as Chairman and 8 members Power to regulate the practice of law is
of the bar who acts as examiners in the not an arbitrary or despotic power to be
8 bar subjects with one subject exercised at the pleasure of the court.
4. remain members thereof in good
standing; He can stand up for his right or the
5. been authorized to practice law in right of his client even in the face of a
the Philippines. hostile court.
Membership in the bar is in the He has the right to protest, in respectful
category of a mandate of public service language, any unwarranted treatment
of the highest order. of a witness or any unjustified delay.
Lawyers are oath-bound servants of The rights and privileges which they
society whose conduct are clearly enjoy as officers of the court are
circumscribed by the inflexible norms of necessary for the proper administration
law and ethics. of justice as for the protection of
Primary duty is to the advancement of attorney and his client.
the quest of truth and justice. ―There can be no strong bar without
courageous and fearless attorneys.‖
Privileges of an attorney As a man of law, his is necessarily a
1. Privilege and right to practice law leader in the community, looked up to
during good behavior before any as a model citizen.
judicial, quasi-judicial, or administrative Integrity, ability, and learning often
tribunal. makes him qualified to administer the
2. Attorneys enjoy the presumption of Executive Departments or the
regularity in the discharge of his duty. Legislative bodies.
(His statements, if relevant or material
to the case, are absolutely privileged Duties of Attorneys (Rule 138, Sec 20)
regardless of their defamatory tenor. – MEMORIZE!
He can speak freely and courageously It is the duty of an attorney:
in proceedings without the risk of 1. To maintain allegiance to the
criminal prosecution.) Republic of the Philippines and to
3. Other privileges inherent in his status support the Constitution and obey
as quasi-judicial officer: the laws of the Philippines;
a. Passing the bar is equivalent to 2. To observe and maintain the respect
First-grade Civil Service eligibility due to the courts of justice and
for any position in the classified judicial officers;
service of the government, the 3. To counsel or maintain such actions
duties of which require or proceedings only as appear to him
knowledge of law. to be just, and such defenses only as
b. Second-grade eligibility for any he believes to be honestly debatable
other government position not under the law;
requiring proficiency in the law. 4. To employ, for the purpose of
4. The court, in admitting him to practice, maintaining the causes confided to
presents him to the public as worthy of him, such means only as are
its confidence and as a person fit and consistent with truth and honor, and
never seek to mislead the judge or
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
PUBLIC DUTY:
of a party or witness, unless duties
required by the justice of the cause
with which he is charged; o Obey the law.
7. Not to encourage either the o Aid in the administration of
commencement or the continuance justice.
of an action or proceeding, or delay o Cooperate whenever justice is
PRIVATE DUTY:
any man's cause, from any corrupt imperiled.
motive or interest;
8. Never to reject, for any o Faithfully, honestly, and
consideration personal to himself, conscientiously represent the
of crime, by all fair and honorable
means, regardless of his personal Such classification of public and
opinion as to the guilt of the personal results from the three-fold
accused, to present every defense capacity in which attorneys operate:
that the law permits, to the end that o As a Faithful Assistant of the
no person may be deprived of life or court in search of just solution to
liberty, but by due process of law. disputes (Public Duty).
o As a Trusted Agent of his client
FOUR-FOLD DUTIES OF A LAWYER (Private Duty).
o As a Self-employed Businessman
1. Duties to SOCIETY – should not
(Personal Duty).
violate his responsibility to society, Rules and ethics demand that an
exemplar for righteousness, ready to attorney subordinate his personal and
render legal aid, foster social reforms, private duties to those which he owes
guardian of due process, aware of to the court and to the public.
special role in the solution of special Where his duties to his client conflict
problems and be always ready to lend with those he owes to the court and the
assistance in the study and solution of public, the former must yield to the
social problems. latter.
2. Duties to the LEGAL PROFESSION – His obligations to his client take
candor, fairness, courtesy and precedence over his duties to himself.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
their clients.
profession, but a secondary These characteristics make it a noble
advertising or solicitation of academically, and morally.
professional employment, rests on the A partnership in the practice of law is a
fundamental postulate that the practice mere relationship or association for
Profession
of law is a profession. such particular purpose. It is not a legal
– A calling requiring entity. It is not a partnership formed for
specialized knowledge and often the purpose of carrying on a trade or
the law partnership.
A court can adjudicate only in
Primary Characteristics law and its intricacies.
distinguishing the Legal Profession
from Business: accordance with the law and the facts
1. A duty of public service, presented pursuant to well-established
emolument is a by-product. rules of procedure and evidence.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
regard. offense shall have the right to be
Only a lawyer can properly and informed of his right to remain silent
effectively extend such assistance. and to have competent and
The law profession came into being as a independent counsel preferably of his
result of that procedural development choice and any confession in violation of
of the court, which created the such shall be inadmissible in evidence
necessity for the attorney and made against him.
him an essential part of the judicial
machinery. Consequences of denial of right to
litigant appear by counsel. either be the absence of assistance of
There can be no fair hearing unless a counsel or the inadequate and grossly
litigant is represented by counsel. negligent representation may have
A court cannot compel a litigant to adverse results.
prosecute or defend his cause 1. Admission of guilt without
personally if he chose to appear by counsel, inadmissible in evidence.
counsel, nor can it assign a counsel de 2. Representation of a person
oficio for an accused and require said claiming to be a lawyer,
counsel to proceed with the trial when conviction shall be set aside and
the accused has previously manifested a new trial undertaken.
his desire to secure the services of a 3. Judgment of conviction even if
counsel de parte. final and executor may still be
SC subjects the lawyer to disciplinary recalled.
action and administrative liability for his 4. Gross ignorance of law and
failure to properly attend to the interest procedure by counsel gives the
of his client. accused another chance to
present his evidence.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
conduct his litigation personally or by and to the public
attorney unless the party is a juridical Supreme Court applied some of the
person. Canons in case of professional
In Administrative Proceedings, right to misconduct.
counsel is not indispensable to due The Integrated Bar of the Philippines
process. If a respondent had chosen to adopted in 1980 a proposed Code of
represent himself without counsel Professional Responsibility submitted to
cannot later claim denial of due the Supreme Court for approval.
process. In 1988, the Supreme Court
Nothing in the Constitution that says promulgated the Code of Professional
that a party in a non-criminal Responsibility.
proceeding is entitled to be represented The Code consists of 22 Canons and 77
by counsel. Rules, divided into 4 Chapters:
The rule applies only in Civil and 1. The Law and Society.
Administrative cases. It does not apply 2. The Lawyer and the Legal
in cases involving grave and less grave Profession.
offenses where the accused must be 3. The Lawyer and the Courts.
represented by counsel and such right 4. The Lawyer and the Clients.
is not waivable. The Code establishes the norms of
conduct and ethical standards for all
client but also to the court of which he is ground for disciplinary action.
concerning the admission to the
The admission to the practice of law practice of law but may be repealed,
requires: altered, or supplemented by the
1. Previously established Rules and
The 1987 Constitution deleted such
Batasang Pambansa.
Principles. (By Constitutional
mandate, a primary responsibility
The legislature may, however, enact
provision.
of the Supreme Court)
2. Concrete Facts, past or present, laws with respect to the first requisite
affecting determinate individuals. for the admission to the bar (Previously
(Brought about by the applicant established Rules and Principles) that
for admission to the bar) applicants should observe.
3. A Decision as to whether the facts A. The legislature may pass a law
are governed by rules and for additional qualifications for
principles. (Involves judicial candidates for admission to the
adjudication which essentially a practice or filling up deficiencies
function of the court) in the requirements for admission
to the bar.
To enable the court to properly B. Such law may not, however, be
discharge its responsibility for the given retroactive effect so as to
efficient and impartial administration entitle a person, not otherwise
and to elevate and maintain the qualified, to be admitted.
standard of the legal profession C. Such law will not preclude the
requires that it must have the primary Supreme Court from fixing other
duty to decide:
Reason: Legislature has no power to
qualifications and requirements.
A. Who may be admitted to the bar
as one of its officers. grant a layman the privilege to practice
law nor control the Supreme Court in its
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
obtained in another country to practice
The Legislature, in the exercise of its law in this country without complying
POLICE POWER may, however, enact with the requirements of existing law.
laws regulating the practice of law Accordingly, a Filipino citizen who
to protect the public and promote the obtained a law degree in another
public welfare. country is not entitled to be admitted to
1. A law declaring illegal and the Philippine Bar without complying
punishable the unauthorized with the requirements.
practice of law.
administrative agency. primary authority to determine who
Whatever law may be passes is merely may be admitted to practice since such
in aid of the judicial power to regulate. authority is by Constitutional mandate
But the legislature MAY NOT pass a law and rests and remains exclusively with
CHED merely:
that will control the Supreme Court in the high tribunal.
the performance of its function to
decide who may enjoy the privilege of 1. Exercises regulatory power over
practicing law and any law of that kind law schools or certifies as to the
is unconstitutional as an invalid exercise satisfactory completion of the
of legislative power. prescribed courses of law study
RA 972 (the Bar Flunkers Act) aims to by an applicant for admission to
admit to the Bar, those candidates who the bar examination.
suffered from insufficiency of reading 2. Assumes some responsibility for
materials and inadequate preparation. the quality of instruction and
By its declared objective, the law is training required of an applicant
contrary to public interest because it for membership in the bar.
qualifies 1,094 law graduates who
confessedly had inadequate preparation Supreme Court incidental powers
for the practice of the profession, as (Incidental to its primary authority to
was exactly found by this Tribunal in decide who may be admitted to the
the aforesaid examinations. An bar):
adequate legal preparation is one of the 1. Fixing minimum standards of
vital requisites for the practice of law instruction for all law schools to
that should be developed constantly observe.
and maintained firmly. 2. Setting up of the necessary
administrative machinery to
The
Executive power in relation to practice determine compliance therewith.
Chief Executive cannot, by 3. By way of sanction, refusal to
executive order, admit a person to the admit to the bar exams law
practice of law nor can he, by treaty graduates from schools failing to
with another country, modify the rules meet those standards. May be
on the admission to the bar.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
LAW
When a person participates in a trial
and ―advertises‖ himself as a lawyer, he
General principles and doctrines laid
Practice of Law, generally
is in the practice of law.
down by the courts explaining the Giving advice for compensation
meaning and scope of the term: regarding the legal status and rights of
1. To engage in the practice of law another constitutes practice of law.
is to do any of those acts which One who renders an opinion as to the
are characteristic of the legal proper interpretation of a statute and
profession. receives pay for it, is to that extent,
2. Any activity in or out of court practicing law.
which requires the application of
law, legal principle, practice or Engaging in the practice of law
procedure and calls for legal presupposes the existence of a lawyer-
knowledge, training and client relationship.
experience. (Cayetano vs Where a lawyer undertakes an activity
Monsod) without any such relationship, such as
3. It is not limited to the conduct of teaching law or writing law books or
cases in court. legal articles cannot be said to be
4. Includes legal advice, counseling, engaged in the practice of his
and the preparation of legal profession as a lawyer.
instruments and contracts by
which legal rights are secured, Characteristics of term “Practice of
Law”
The phrase ―practice of law‖ implies
which may or may not be pending
in court.
5. Strictly speaking, the word customarily or habitually holding
practice of law implies the oneself out to the public, as a lawyer,
customary or habitual holding out for compensation as a source of
of oneself to the public as a livelihood or in consideration of his
the practice when he sends a circular
Three Principal Types of announcing the establishment of a law
Professional Activities: office for the general practice of law, or
1. Legal advice and instructions to when the takes the oath of office as a
the clients to inform them of their lawyer before a notary public and files a
rights and obligations. manifestation with the Supreme Court
2. Preparation for clients of informing his intention to practice law.
documents requiring knowledge
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
isolated appearance. or brief.
It contemplates succession of acts of 4. Examination of witnesses and
the same nature habitually and presentation of evidence.
customarily holding oneself out to the 5. Management and control of the
public as a lawyer. proceedings in court.
Isolated Appearance:
5. Representing before a legislative
An isolated appearance may, body regarding a proposed
however, amount to practice: legislation or ordinance.
1. Legislator cannot appear as
counsel before any court of Character of the service and not the
justice or Electoral Tribunals, or place where it is performed is the
quasi-judicial and administrative decisive factor determinative of whether
bodies even in a single instance. the service constitutes practice of law.
2. A layman’s representation as Service to prepare and prosecute a just
defense counsel in a criminal case claim before a quasi-judicial or
is invalid and the conviction of administrative body same and
the accused may be set aside, as legitimate as the service rendered in
violative of due process. court in arguing a cause.
No valid distinction can be drawn Any person who has been duly licensed
between part of the work involving as a member of the bar in accordance
appearance in court and that part with the statutory requirements and
involving advice and drafting of who is in good and regular standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory requirements:
services in litigations in court. A 1. Must have been admitted to the
person’s past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must remain in
lawyer-entrepreneur of industry, good and regular standing (a
lawyer-negotiator of contracts, and continuing requirement).
lawyer-legislator more than satisfy the
constitutional requirement for Must have been admitted to the bar. A
appointment as Chairman of the lawyer is one who:
COMELEC that he has been engaged in 1. Passed the bar exams.
the active practice of law for at least 2. Taken the lawyer’s oath before
ten years. (Cayetano v Monsod) the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license to
practice law from the Clerk of
Court of the Supreme Court.
ESSENTIAL CRITERIA 5. Furnished satisfactory proof or
DETERMINATIVE educational, moral, and other
OF ENGAGING IN THE PRACTICE OF qualifications.
LAW: (HACA)
1. Habituality- implies customarily or After Admission he or she must:
habitually holding oneself out to the 1. Remain an IBP member in good
public as a lawyer standing by regularly paying IBP
2. Compensation- implies that one dues and other lawful assessments.
must have presented himself to be 2. Pay annual privilege tax.
in the active practice and that his 3. Faithfully observe the rules and
professional services are available to ethics of the legal profession.
the public for compensation, as a 4. Be continually subjected to judicial
source of his livelihood or in disciplinary control.
consideration of his said services.
3. Application of law, legal Compulsory membership to the IBP is
principle, practice, or procedure not violative of a lawyer’s freedom of
which calls for legal knowledge, association. Integration does not make
training and experience. a lawyer a member of any group of
4. Attorney-client relationship. which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. Bar
C. WHO MAY PRACTICE LAW integration does not compel the lawyer
to associate with anyone. He is free to
Persons entitled to practice law, attend or not attend the meetings of his
generally Integrated Bar Chapter or vote or
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
interest in elevating the quality of
professional legal services, may require But practice of law is in the nature of a
that the cost of improving the right. While the practice of law is a
profession in this fashion be shared by privilege, a lawyer cannot be prevented
the subjects and beneficiaries of the from practicing law except for valid
regulatory program — the lawyers [In reasons, the practice of law not being a
matter of state’s grace or favor.
re: Edillon A.M. 1928]
He holds office during good behavior
The rigid requirements and conditions and can only be deprived of it for
are designed to admit to its ranks only misconduct.
those who are adequately prepared, The state cannot exclude an attorney
mentally and morally, to discharge the from the practice of law in a manner or
duties of an attorney. for reasons that contravene the due
The purpose, in the final analysis, is to process or equal protection clause of
protect the public, the court, the client, the Constitution.
and the bar from incompetence and
dishonesty of those who are unfit to A quasi-judicial or administrative
agency cannot restrict a lawyer’s
become members.
Only those who are competent, privilege to practice law by imposing
honorable, and reliable may practice conditions that amount to
law. discrimination nor limit such privilege
by requiring the passing of an
examination not sanctioned by law as a
Right and Privilege to practice prerequisite to appearing before such
agency.
The practice of law is not a natural, In that sense, the practice of law is in
property or constitutional right but a the nature of a right which cannot be
mere privilege. lightly or capriciously taken away from
It is not a right granted to anyone who him.
demands it but a privilege to be
sound judicial discretion.
It is in the nature of a franchise Filipino citizens who have passed the
conferred only for merit which must be bar exams to practice law:
earned by hard study, learning and A. Citizens of the United States who:
good conduct. 1. Before July 4, 1946, were
It is a privilege accorded only to those duly licensed members* of
who measure up to certain rigid the Philippine Bar.
standards of mental and moral fitness. 2. In active practice in the
Those standards are neither dispensed courts of the Philippines.
with nor lowered after admission.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
members thereof [Art. 222,
Exceptions: PD 442]
1. Before the MTC - a party may 6. A non-lawyer or layman may
conduct his case or litigation in represent a claimant before the
person with the aid of an agent or Cadastral Court [Sec. 9, Act. No.
friend appointed by him. [Sec. 34, 2259]
Rule 138] 7. Any official or other person
2. Before any other court – a party appointed to appear for the
may conduct his litigation Government of the Philippines in
personally. [Sec. 34, Rule 138]. He accordance with law shall have all
is bound by the same rules in the rights of a duly authorized
conducting the trial of his case. He member of the bar in any case in
cannot, after judgment, claim that which said government has an
he was not properly represented. interest [Sec. 33, Rule 138].
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
to non-adversary contentions. its benefit.
Should not undertake purely legal Reasons:
work such as examination of 1. Nature of the privilege and on the
witnesses or presentation of confidential and trust relation
evidence. between attorney and client.
2. Services should not be habitually 2. The corporation (a juridical
rendered. person) cannot perform the
3. Should not charge or collect conditions required for
attorneys’ fees. membership in the bar, such as
the possession of good moral
By a Juridical Person:
due process of law.
ralc2011 16
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
State Prosecutors, Special Counsel,
Special Prosecutor of the Ombudsman. When any of the public officials are
absolutely prohibited, they cease, as a
Three Instances when a lawyer cannot general rule, to engage in private
practice: practice of law and the right to practice
1. Appearance of Parties in Person. - is suspended during tenure of office.
In all katarungang pambarangay
proceedings, the parties must Lawyer member of the Legislature not
appear in person without the absolutely prohibited.
assistance of counsel or Prohibited only from appearing as
representative, except for minors counsel in:
and incompetents who may be 1. Any court of justice.
assisted by their next-of-kin who 2. Electoral Tribunals.
are not lawyers. (SEC. 415. Local 3. Quasi-Judicial or Administrative
Government Code) bodies.
2. Appearance through a
representative must be for a valid What is prohibited is to ―personally
appear.‖
cause. the representative of an
individual-party must not be a The word ―appearance‖ includes:
lawyer, and must be related to or 1. Arguing a case before any such
next-of-skin of the individual- body.
party. juridical entities shall not 2. Filing a pleading on behalf of a
be represented by a lawyer in any client as ―by simply filing a formal
motion, plea or answer‖.
capacity. (A. M. No. 08-8-7-SC,
RULE OF PROCEDURE FOR SMALL Neither can he allow his name to
CLAIMS CASES) appear in such pleading by itself or as
3. A lawyer shall not, after leaving part of a firm name under the signature
government service, accept of another qualified lawyer because the
engagement or employment in signature of an agent amounts to
connection with any matter in signing of a non-qualified senator or
which he had intervened while in congressman, the office of an attorney
said service. (Rule 6.03, CANON being originally of agency, and because
6) he will, by such act, be appearing in
court or quasi-judicial or administrative
Appointment
Disability of Public Officials to practice body in violation of the constitutional
or Election to a restriction.
government office disqualifies one to ―He cannot do indirectly what the
practice law. Constitution prohibits directly‖.
1. Public office is a Public Trust.
Obliged to perform duties with RESTRICTIONS IN THE PRACTICE OF
exclusive fidelity. LAW OF THE MEMBERS OF THE
2. Appear as counsel in any criminal
case wherein an officer or A Civil Service Officer can engage in the
employee of the national or local practice of law only if:
government is accused of an 1. The officer’s responsibilities do
offense committed in relation to not require his time to be fully at
his office; the disposal of the government.
3. Collect any fee for their 2. With written permission from the
appearance in administrative head of the department
proceedings involving the local concerned.
government unit of which he is an
official. [Sec. 90, R.A. 7160] A punong barangay needs to obtain
4. Use property and personnel of written permission from the Secretary
the government except when the of the DILG to appear as counsel.
Sanggunian member concerned is
government
However, Sanggunian members may the practice of law or assumes to be an
practice their professions, engage in attorney is liable for contempt of court,
any occupation, teach in schools punishable by fine or imprisonment or
Relative Prohibition
WHO MAY NOT PRACTICE LAW? 1. If such unauthorized practice
causes damage to a party.
1. Senators and members of the 2. False representation and
House of Representatives rendering service in court in
(prohibition to appear) behalf of litigant.
Absolute Prohibition
2. Members of the Sanggunian.
Criminal and Administrative Liability for
1. All members of the Judiciary government officials prohibited from
2. Judges and other officials as practicing law when doing such.
employees of the Supreme Court.
3. Government prosecutors. Remedies against unauthorized
4. President, Vice President, practice
members of the cabinet. 1. Injunction.
5. Members of Constitutional 2. Declaratory Relief.
Commissions. 3. Contempt of Court.
6. Ombudsman and his deputies. 4. Petition for Disqualification.
7. Solicitor General and Assistant 5. Complaint for Disbarment.
Solicitor General 6. Administrative complaint for public
8. All governors, city and municipal officer.
mayors. 7. Criminal complaint for Estafa
ralc2011 18
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
courses. of a lawyer.
5. Passed the bar exams. To the lawyer is entrusted the
6. Production before the Supreme protection of life, liberty, property, or
Court satisfactory evidence of: honor.
a. Good moral character To approve officially one who is not
b. No charges against him, adequately prepared to such a delicate
involving moral turpitude, task is to create a social danger.
have been filed or are pending
to the Republic of the Philippines, which 75% in all subjects without falling
uphold the high moral standard and the A candidate who fails for three times is
dignity of the legal profession. disqualified from taking another
examination, unless he has shown to
Educational qualifications the satisfaction of the Court that he
has:
ralc2011 19
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
fourth year review classes;
2. Attended a pre-bar review American lawyers in active practice of
course. law in the Philippines before July 4,
1946 or a Filipino citizen enrolled as
E. PROCEDURE FOR ADMISSION attorney in the United States before
July 4, 1946, who desires admission
without examination should:
Examinations shall be conducted by a
Bar Examination Committee
1. File a petition with the Court
committee of bar examiners to be along with his
appointed by the Supreme Court. This 2. License to practice
committee shall be composed of: 3. Evidence that it has not been
1. A Justice of the Supreme Court, revoked
as chairman and designated by 4. Certificates of professional
the court to serve for one year. standing.
2. Eight (8) members of the
Philippine bar, who shall serve as Disclosure of involvement in any
time their own affidavits as to their age, to establish his qualifications to the
Annual examination.
least 10 days before the beginning of Written examinations
the examination. (Rule 138, sec. 8)
ralc2011 20
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
2. 2nd day: Civil Law
(morning),Taxation The conduct of the bar exams involves
(afternoon); public interest.
3. 3rd day: Mercantile Law Any charge of anomaly requires prompt
(morning) Criminal Law action from the Court to prevent
(afternoon); erosion of public faith in the bar and in
4. 4th day: Remedial Law the court.
(morning) Legal Ethics and
The
Practical Exercises Correction and revaluation of grades
(afternoon). (Rule 138, bar examiners correct the
sec. 11.) examination papers and submit the
grades and corrected papers to the bar
examinees.
Examinees shall answer the questions grades of every examinee, computes
personally without help from anyone. the general average, and prepares a
Upon verified application made by an comparative data showing the
examinee stating that his penmanship percentage of passing and failing in
Results
is so poor that it will be difficult to read relation to a certain average.
his answers without much loss of time, are submitted to the
the Supreme Court may allow such Examination Committee and to the
examinee to use a noiseless typewriter. Court.
Qualified applicants shall take and weigh his actions according to the
subscribe to the Oath of Office as a sworn promises he makes when taking
the lawyer’s oath. If all lawyers
Lawyer.
A prerequisite to the admission of conducted themselves strictly according
practice of law and may only be taken to the lawyer’s oath and the Code of
before the Supreme Court. Professional responsibility, the
The court may deny the petition to take administration of justice will
the lawyer’s oath for: undoubtedly fairer, faster and easier for
o Grave misconduct; everyone concerned. (In Re:
o Pending complaint against the Argosino, 270 SCRA 26)
applicant
By taking the lawyer’s oath, a lawyer
LAWYER’S OATH (MEMORIZE!!) becomes the guardian of truth and the
rule of law and an indispensable
I _____ , do solemnly swear that I will instrument in the fair and impartial
maintain allegiance to the Republic of the administration of justice. Good moral
Philippines; character includes at least common
honesty. Deception and other
I will support and defend its Constitution fraudulent acts are not merely
and obey the laws as well as the legal unacceptable practices that are
orders of the duly constituted authorities disgraceful and dishonorable, they
therein; reveal a basic moral flaw. (Olbes vs.
Deciembre, 457 SCRA 341)
I will do no falsehood nor consent to its
I will not wittingly or willingly promote or admits him as a member of the bar for
ralc2011 23
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Canon 1, Rule 1.01. A lawyer shall not He should not allow his services to be
engage in unlawful, dishonest, immoral engaged by an organization whose
or deceitful conduct. member as violating the law, to defend
them when they get caught.
As servant of the law, a lawyer should
moreover make himself an exemplar for The Supreme Court will not denounce
others to emulate. criticismmade by anyone against the
Duty to obey the law and promote Court for, if well founded, can truly
respect for law and legal processes have constructive effects in the task of
demands that he shall not engage in the Court, but it will not countenance
unlawful, dishonest, and immoral, or any wrongdoing nor allow the erosion of
our people’s faith in the judicial system,
deceitful conduct.
Unlawful conduct is an act or omission let alone, by those who have been
which is against the law. privileged by it to practise law in the
Dishonesty involves lying or cheating. Philippines. (Estrada v.
Immoral or deceitful conduct is that Sandiganbayan, 416 SCRA 465
which is willful, flagrant or shameless (2003))
and which shows a moral indifference to
the opinion of the good and respectable Terrel was found guilty of malpractice
members of the community. or gross misconduct for assisting in the
establishment and acting as counsel for
Moral turpitude ―includes everything the Centro Bellas Artes Club, an
which is done contrary to justice, organization intending to evade the
honesty, modesty, or good morals‖. It practice of law. (In Re Terrel (1903))
involves an act of baseness, vileness, or
depravity in the private duties which a
contrary to justice, honesty, modesty,
or good morals. Among the unprofessional acts which
come within the prohibition include the
lawyer’s:
Canon1, Rule 1.02. A lawyer shall not
Duty not to counsel illegal activities
1. Volunteering advice to bring
counsel or abet activities aimed at lawsuit, except in rare cases
defiance of the law or at lessening where ties of blood, relationship,
confidence in the legal profession. or trust.
2. Hunting up defects in titles or
A lawyer who defies a writ or other causes of action.
preliminary injunction has flouted his 3. Seeking out claims for personal
duties as a lawyer. injuries or those having any other
He should not promote an organization grounds of action to secure them
known to be violating the law nor assist as clients.
it in a scheme which he knows is 4. Initiating a meeting of the
dishonest members of a club and inducing
ralc2011 25
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
them to organize and contest a fees which are often considerably less
legislation under his guidance. when the cause is amicably settled. The
5. Purchasing notes to collect them problem of conflict of interests must be
by litigation at a profit. resolved against self-interest.
laymen employed by an attorney for procedure.
the purpose or by the attorney himself. Litigation involves time, expense, and ill
feelings, which may well be avoided by
Ambulance chasing has spawned the settlement of the action.
recognized evils and is prohibited A compromise or even a confession of
because: judgment will:
1. It stirs up litigation with resulting 1. Accord respect to the just claim
burdens on courts and the public; of the other party;
2. Supports perjury. 2. Save the client additional
3. Defrauds innocent persons by expenses;
judgments, upon manufactured 3. Help prevent clogging of the
causes of actions. docket.
4. Defrauds injured persons having
proper causes of action but
ignorant of legal rights and court
procedure by means of contracts
which retain exorbitant expenses
and by settlement made for quick
returns of fees against the rights
of the injured persons.
withholding suit.
He/she must act as mediator for
compromise rather than an instigator
and conflict.
What sometimes beclouds a lawyer’s
judgment as to what is best for his
client is his/her eye on the attorney’s
ralc2011 26
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Rule 2.02. In such cases, even if A lawyer shall not reject the cause of
Rule 2.04. A lawyer shall not may not, for valid reasons, accept the
charge rates lower than those case, the lawyer ―shall not refuse to
customarily prescribed unless the render legal advice to the person
circumstances so warrant. concerned if only to the extent
necessary to safeguard the latter’s
B. MAKING LEGAL SERVICES rights.‖ (Rule 2.02.)
AVAILABLE
The duty of a lawyer to accept the
efficient legal services should make such party or secure the ends of justice.
available such services to those who are To designate him as counsel de oficio
employ a counsel de parte.
explained: “A person in need of legal The lawyer so assigned has to render
services should be able to find a lawyer effective legal services, under the pain
who is qualified to provide them. It is of disciplinary sanction should he fail or
ralc2011 27
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
therefrom by the court. person solely on account of the
Every lawyer should: latter’s race, sex, creed or status of
1. Welcome the assignment as an life or because of his own opinion
opportunity to render public regarding the guilt of said person.
service; (Canon 14, Rule 14.01)
2. Show that the practice of law is a 3. If there is serious and sufficient
profession; and cause, an appointment as counsel de
3. Demonstrate that the efficient oficio or as amici curiae, or a request
discharge of his duties does not from the Integrated Bar of the
depend upon payment or amount Philippines or any of its chapters for
of fees. rendition of free legal aid. (Canon
14, Rule 14.02)
The Integrated Bar of the Philippines
through its Committee on Legal Aid has EXCEPTION TO THE EXCEPTION: A
established legal aid offices throughout lawyer may refuse to accept
the country. representation of an indigent client if:
Its objective is to provide on a a. He is not in a position to carry
nationwide basis legal services in favor out the work effectively or
of the poor segment of society. competently;
Their policy is that legal aid is not a b. He labors under a conflict of
matter of charity. It is a means for the interests between him and the
correction of social imbalance that may prospective client or between a
and often do lead to injustice, which present client and the prospective
makes it a public responsibility of the client. (Canon 14, Rule 14.03)
Bar.
A valid reason to refuse is when the
A lawyer shall not refuse to render lawyer is not in a position to carry out
not refuse to render legal advice to the preliminary steps a person can take).
person concerned if only to the extent But he shall refrain from giving legal
necessary to safeguard the latter’s advice if the reason for not accepting
rights. the case is that there involves a conflict
of interest (between him and a
GENERAL RULE: A lawyer may refuse prospective client or between a present
to accept the cause of the defenseless client and a prospective client).
or the oppressed. A lawyer is not In the case mentioned above, rendering
obliged legal advice to the prospective client
to act as legal counsel for any person who will establish an attorney-client
may wish to become his client. relationship between them and this will
constitute a violation of the rule
EXCEPTIONS: prohibiting a lawyer from representing
1. A lawyer shall not refuse his services conflicting interests. (Canon 15, Rule
to the needy. 15.03)
ralc2011 28
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
discharge of their official duties.
It is the bounden duty of counsel in the Rule 6.01. The primary duty of a
active practice to keep abreast of lawyer in public prosecution is not to
decisions of the Supreme Court and convict but to see that justice is
changes in the law. done. The suppression of facts or the
It is imperative that judges should be concealment of witnesses capable of
conversant with basic legal principles establishing the innocence of the
and with the changes in the law and accused is highly reprehensible and
with the latest decisions and is cause for disciplinary action.
precedents.
For service in the judiciary and being in Rule 6.02. A lawyer in government
the active practice of law require service shall not use his public
continuous study and research on the position to promote or advance his
law from beginning to end. private interests, nor allow the latter
to interfere with his public duties.
Legal education should be a continuing
concern. Rule 6.03. A lawyer shall not, after
After admission to practice, a lawyer leaving government service, accept
incurs a three-fold obligation: engagement or employment in
1. He owes it to himself to continue connection with any matter in which
improving his knowledge of the he had intervened while in said
law. service.
2. He owes it to his profession to
take an active interest in the
maintenance of high standards of
legal obligation.
3. He owes it to the lay public to Code is applicable to government
The reason for the rule is that a lawyer Rule 6.01. The primary duty of a
does not shed his professional lawyer in public prosecution is not to
obligations upon assuming public office. convict but to see that justice is done.
In fact, his professional obligations The suppression of facts or the
should make him more sensitive to his concealment of witnesses capable of
official obligations because a lawyer’s establishing the innocence of the
disreputable conduct is more likely to accused is highly reprehensible and is
be magnified in the public eye. cause for disciplinary action.
ethics in public service. This sovereignty has its obligation to
As part of the government bureaucracy, govern impartially. Therefore, the
it is incumbent upon lawyers to perform interest in a criminal prosecution is not
and discharge their duties with the that it shall win a case but that justice
highest degree of professionalism, shall be done.
intelligence, and skill, and to extend
prompt, courteous, and adequate A public prosecutor should not hesitate
service to the public. to recommend to the court the acquittal
of the accused if the evidence in his
Fundamental principle in public law: possession shows that the accused is
Public office is a public trust. innocent.
A public servant owes utmost fidelity to If he finds no legal basis to sustain a
the public service. conviction, he should not hesitate to
Norms of conduct required of public recommend that the accused be
officials: acquitted.
1. Uphold the public interest over For “his finest hour is not when he wins
and above personal interest. a case with the conviction of the
2. Discharge their duties with the accused. His finest hour is still when,
highest degree of excellence, overcoming the advocate’s natural
professionalism, intelligence, and obsession for victory, he stands up
skill. before the court and pleads not for the
3. Act with justness and sincerity. conviction of the accused but for his
4. Provide service without acquittal. For indeed, his noble task is
discrimination. to prosecute only the guilty and to
5. Extend prompt, courteous, and protect the innocent.”
adequate service to the public.
6. Be loyal to the Republic. Restrictions on the functions of public
in the criminal action, the offended
It is his duty to refrain from improper party may intervene by counsel in the
methods calculated to produce a prosecution of the offense. (Rule 110,
of the accused which is illegally seized. direction and control of the prosecution:
Nor suppress facts or conceal witnesses 1. Where from the nature of the
capable of establishing the innocence of crime and the law defining and
the accused. punishing it, no civil liability
arises in favor of a private
It is improper for a public prosecutor offended party.
to: 2. In cases where from the nature of
1. Assist in the escape of a prisoner. the offense, the offended party is
2. Institute a criminal action to force entitled to civil indemnity arising
settlement of a case. therefrom but he has:
3. Agree to refrain from prosecuting a. Waived the civil action or
a person in consideration of some b. Expressly reserved the
reward. right to institute it
4. Receive money for dismissing a separately from the
complaint. criminal action.
5. Induce an accused to plead
guilty. The role of the private prosecutor in
6. Willfully fail to prosecute criminal actions is to represent the
violations of law. private offended party with respect to
7. Have a secret partner with whom the civil action for the recovery of civil
he divides the attorney’s fees.
liability arising from the offense.
His sole purpose is to enforce the civil
In appeals, the Solicitor General has liability and not to demand the
conduct of the trial, his duty to direct Rule 6.02. A lawyer in government
and control requires that: service shall not use his public position
1. He must be present during the to promote or advance his private
proceedings. interests, nor allow the latter to
2. He must at any time, take over interfere with his public duties.
the conduct of the trial from the
private prosecutor. If the law allows a public official to
practice law concurrently, he must not
Where the prosecutor turned over the use his public position to feather his law
active conduct of the trial to the private practice.
prosecutor who presented testimonial Neither should he accept any private
evidence even when the public legal business in which his duty to his
prosecutor was absent during the trial, client will or may conflict with his
the evidence presented could not be official duties, and if some unforeseen
considered as valid evidence of the conflict with his official duties arises he
People of the Philippines. should terminate his professional
However, it applies only to courts which relationship.
are provided by law with their own
prosecutors, and not to Municipal Trial A public official should see to it that his
Courts which have no trial prosecutors. private activity does not interfere with
A private prosecutor taking over a the discharge of his official functions.
criminal action cannot take a stand He should avoid all impropriety and the
different from or opposed to that of the appearance of impropriety.
public prosecutor or cannot adopt a Neither should he inferentially create a
stand inconsistent with that of the public image that he is utilizing his
Solicitor General, otherwise it would be public position to advance his
tantamount to giving him the direction professional success or personal
and control of the criminal proceedings, interest at the expense of the public.
contrary to law and settled rules on the
matter. RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
When the public prosecutor should Employees.
consultant, counsel, broker, agent, The Court ruled that ATty Mendoza could
trustee or nominee / in any private not be disqualified from representing the
had nothing to do with the decision of
PCGG v. Sandiganbayan, 455 SCRA the Central Bank to liquidate Genbank
526 (2005)): and did not even participate in the sale
ralc2011 33
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
involve the liquidation of Genbank.
Whether the shares of stock of Allied
Bank are ill-gotten is far removed from
the issue of the dissolution and
liquidation of Genbank.
the profession, and to his client.
Canon 7: A lawyer shall at all times Such respect is diminished whenever a
uphold the integrity and dignity of the legal member betrays the trust and
profession and support the activities of the confidence reposed in him by his client.
integrated bar. Public confidence in law and lawyers
may be eroded by the irresponsible and
Rule 7.01. A lawyer shall be improper conduct of a member of the
answerable for knowingly making a bar.
false statement or suppressing a Thus, every lawyer should act in a
material fact in connection with his manner that would promote public
application for admission to the bar. confidence in the integrity of the
profession.
Rule 7.02. A lawyer shall not A lawyer should also involve in and
support the application for admission actively support the activities of the
to the bar of any person known by IBP.
him to be unqualified in respect to
character, education, or other A person shall make no false
relevant attribute. statement in his application for
Observance
private life, behave in a scandalous application for admission to the bar.
manner to the discredit of the legal of the duties and
profession. responsibilities of a lawyer begins even
as a law student. A student’s failure to
live up to them may be a ground for SC
Canon 7: A lawyer shall at all times
Generally
to refuse admission to practice or for
uphold the integrity and dignity of the disbarment should SC learn later on
education, or other relevant attribute.
A lawyer should not readily execute an immorality, to justify suspension or
up to the standard set by law. 1. One that is so corrupt and false
He should volunteer information or as to constitute a criminal act.
cooperate in any investigation 2. Unprincipled or disgraceful as to
concerning alleged anomaly in the bar be reprehensible to a high
unfit or unqualified. denial of application to take the
He should expose without fear or favor lawyer’s oath or suspension or
before the SC corrupt or dishonest disbarment :
conduct in the profession and should 1. Living an adulterous life with a
not hesitate to accept professional married woman.
employment against a lawyer who has 2. Maintaining illicit relations with a
wronged his client. niece.
3. Abandonment of his lawful wife to
A lawyer shall always conduct himself live with another woman.
Moral turpitude:
turpitude his benefit.
8. Misappropriating money
o Anything which is done contrary belonging to his employer.
to justice, honesty, modesty, or
good morals.
o Any act of vileness, baseness, or
depravity in the private and social
duties a man owes his fellowmen
or to society, contrary to the
accepted rule of right and duty
between man and woman.
o In general, all crimes which fraud
ralc2011 37
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
with courtesy, fairness, and candor toward his wrongdoing.
his professional colleagues, and shall avoid A lawyer should not use, to his or his
harassing tactics against opposing counsel. client’s benefit, the secrets of the
adverse party acquired through design
Rule 8.01. A lawyer shall not, in or inadvertence.
professional dealings, use language A lawyer who thinks a case is weak may
which is abusive, offensive or not criticize the lawyer who accepts it,
otherwise improper. much less should he attribute to him
evil motive for taking up the client’s
Rule 8.02. A lawyer shall not, cause.
directly or indirectly, encroach upon It is not, however, improper for a
the professional employment of lawyer to accept employment to compel
another lawyer; however, it is the another lawyer to honor the just claim
right of any lawyer, without fear or of a layman. His action toward such
favor, to give proper advice and end, as writing a letter of demand to
assistance to those seeking relief the lawyer, is not unethical since it is
against unfaithful or neglectful mere honest effort to serve the interest
counsel. of the client.
Membership in the bar imposes upon Rule 8.01. A lawyer shall not, in
Generally language
Mutual
cases against each other.
bickering and unjustified personalities and personal history or
recriminations between attorneys personal peculiarities and idiosyncrasies
detract from the dignity of the legal of the other.
ralc2011 38
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Canon 9. A lawyer shall not, directly or unlicensed to practice law and not
indirectly, assist in the unauthorized subject to the disciplinary control of the
practice of law. court.
The law makes it a misbehavior on the
Rule 9.01. A lawyer shall not part of the lawyer to aid a layman in
delegate to any unqualified person the unauthorized practice of law.
the performance of any task which A person not admitted to the bar may
by law may only be performed by a not hold himself out to the public as
member of the Bar in good standing. engaged in the practice of law, either
alone or as associated with a practicing
Rule 9.02. A lawyer shall not divide attorney under a firm name. (US v.
or stipulate to divide a fee for legal Ney (1907))
services with persons not licensed to He may not form a partnership with a
practice law, except: lay accountant to specialize in income
1. there is a pre-existing agreement tax work unless he ceases to hold
with a partner or associate that, himself out as a lawyer and strictly
upon the latter’s death, money shall confine his activities to such as are
be paid over a reasonable period of open to lay accountants.
time to his estate or to persons
specified in the agreement; or Intervention of intermediary not
performance of any task which by law The third exception to the rule does not
may only be performed by a member of involve, strictly speaking, a division of
the Bar in good standing. legal fees with non-lawyer employees.
He should not delegate to a layman any The retirement benefits in the form of
work which involves the application of pension represent additional deferred
law, such as: wages or compensation for past
1. The computation and services of the employees
determination of the period within Impropriety arises where the effect of
which to appeal and adverse the arrangement is to make the estate
judgment. or heir a member of the partnership
2. Examination of witnesses. along with the surviving partners, or
3. Presentation of evidence. where the estate or heir is to receive a
Can employ secretaries, investigators, percentage of fees that may be paid
detectives, researches as long as they from future business of the deceased
are not involved in the practice of law lawyer’s clients. Such fees no longer
(e.g., not ―writing‖ pleadings, appearing represent compensation for past
in court, etc.) services of the deceased lawyer.
An agreement between a union lawyer
A lawyer shall not divide fees with and a layman president of the union to
divide equally the attorney’s fees that
Rule 9.02. A lawyer shall not divide or
non-lawyers
may be awarded in a labor case violates
stipulate to divide a fee for legal the rule.
services with persons not licensed to
Exceptions:
practice law.
D. SOLICITATION AND ADVERTISING
1. Where there is a pre-existing
agreement with a partner or A lawyer shall not solicit legal
associate that, upon the latter’s
The law prohibits lawyers from soliciting
business
death, money shall be paid over a
reasonable period of time to his cases for the purpose of gain, either
estate or to persons specified in the personally, or through paid agents or
agreement. brokers, and makes the act
2. Where a lawyer undertakes to malpractice. (Rule 138, Sec. 27, Rules
Sec.
complete unfinished or legal or Court)
business of a deceased lawyer. 27. Attorneys removed or
3. Where a lawyer or law firm includes suspended by Supreme Court on what
non-lawyer employees in a grounds. - A member of the bar may be
retirement plan, even if the plan is removed or suspended from his office
based in whole or in part, on as attorney by the Supreme Court for
profitsharing arrangement. any deceit, malpractice, or other gross
misconduct in such office, grossly
The first two exceptions to the rule immoral conduct, or by reason of his
represent compensation for legal conviction of a crime involving moral
service rendered by the deceased turpitude, or for any violation of the
lawyer during his lifetime, which is paid oath which he is required to take before
to his estate or heirs. admission to practice, or for a wilfull
ralc2011 41
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
primarily solicit legal business.
Among those that fall under the barristers regarded the law as primarily
prohibition: a form of public service in which the
1. A lawyer who recommends gaining of a livelihood was but a
If
having made a recommendation bar is called.
resulting in his employment by a competitive advertising were
client. permitted, the conscientious and ethical
lawyers will unavoidably be at the
A lawyer shall not charge lower rates mercy of the braggart.
Rule 2.04. A lawyer shall not charge Not all advertising or solicitation are
solicitation of legal business. solicitation
merited reputation for professional counsel;
capacity and fidelity to trust. if in media, those acts incidental to
Good and efficient service to a client as his practice (i.e., not his own
well as to the community has a way of initiative);
publicizing itself and catching public write articles for publication giving
attention. information upon the law (and not
That publicity is a normal by-product of individual rights or advising through
effective service. column/ TV broadcast, lest such be
A good and reputable lawyer needs no considered indirect advertising);
artificial stimulus to generate it and to if entering into other businesses
magnify his success. (which are not inconsistent with
EXCEPTIONS: lawyer’s duties) then it is advisable
1. Those which are expressly that they be entirely separate and
allowed. apart such that a layman could
2. Those which are necessarily distinguish between the two
implied from the restrictions. functions.
An attorney ―may with propriety write
publication in reputable law list with Writing legal articles
brief biographical and other
informative data which may include articles for publications in which he
name, associates, address, phone gives information upon the law; but he
numbers, branches of law practised, should not accept employment from
birthday, day admitted to the bar, such publications to advise inquiries in
schools and dates attended, degrees respect to their individual rights.‖
clients must be published for that
purpose; What should be guarded against is the
an ordinary, simple professional violation of the ethical principles
card; concerning:
publication of simple announcement 1. Improper advertising by a lawyer.
of opening of law firm, change of 2. Giving of legal advice to one with
firm; whom no attorney-client
telephone directory (but not under relationship exists.
designation of special branch of 3. Aiding of a layman to engage in
law); unauthorized practice of law.
if acting as an associate (specialising
in a branch of law), may publish a Engaging in business or other
lawyers (law list, law journal);
seeking a public office (which can be combining law practice with some other
filled only by a lawyer); lawful occupation.
ralc2011 43
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
The fact that he is a lawyer does not regarding his qualifications or legal
preclude him from engaging in services.
business. Rule 3.04. A lawyer shall not pay or
Impropriety arises when the nature and give anything of value to
manner of business is inconsistent with representatives of the mass media in
the duties of the lawyer such as when it anticipation of, or in return for, publicity
is used as a cloak for indirect to attract legal business.
solicitation on his behalf. Similarly, he should not resort to
It is necessary that the lawyer keeps indirect advertisements, such as
any business in which he is engaged, furnishing or inspiring newspaper
entirely separate and apart from his comments, or procuring his photograph
practice. to be published.
He shall make it clear to his client in
what capacity he is acting.
Businesses closely associated with the CANON 3: A lawyer in making known his legal
practice of law: services shall use only true, honest, fair,
o Collection agency. dignified and objective information or
o Real estate brokerage. statement of facts.
o Insurance agency.
Rule 3.01. A lawyer shall not use or
o Mortgage service. permit the use of any false, fraudulent,
o Tax service and consultancy. misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
A lawyer shall make clear whether he regarding his qualifications or legal
his legal services shall use only true, Rule 3.04. A lawyer shall not pay or
give anything of value to
honest, fair, dignified and objective
representatives of the mass media in
Rule 3.01. A lawyer shall not use or
information or statement of facts. anticipation of, or in return for, publicity
to attract legal business.
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
ralc2011 44
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
the Civil Code.
It is highly unethical for an attorney to No person should be admitted or held
advertise his talents or skill as a out as a member who is not a lawyer.
merchant advertises his wares. The law Rule 3.02. In the choice of a firm
is a profession and not a business. The name, no false, misleading or assumed
lawyer may not sell or obtain name shall be used. The continued use
employment himself or through others of the name of a deceased partner is
for to do so would be unprofessional. It permissible provided that the firm
is destructive of the honor of a great indicates in all its communications that
profession. It lowers the standards of said partner is deceased.
that profession. It works against the The reason for allowing the continued
confidence of the community and it use of the name of a deceased partner
results in needless litigation. (In Re: is that all the partners, by their joint
Tagorda, 53 Phil 37 (1929))7 efforts over a period of time,
Tagorda was suspended for soliciting contributed to the goodwill attached to
business. Before Tagorda’s election to the firm name, and this goodwill is
the provincial board of Isabela, he used disturbed by a change in firm name
a card offering services as an attorney every time a partner dies.
and a notary public free. The card also Filipino lawyers cannot practice law
stated that he was a candidate for the under the name of a foreign law firm,
provincial board. After his election, he as the latter cannot practice law in the
wrote a letter to the barrio lieutenant Philippines.
informing him that he would continue The use of the foreign law firm in the
his practice as lawyer and asking that country is unethical:
the lieutenant transmit this information o The respondent’s use of the firm
to the barrio. name constitutes a
Examples of improper advertising: representation that being
o Distribution of a diary which has associated with Baker and
an attorney’s card printed in the McKenzie they could ―render legal
cover. services to the highest quality to
o Procuring a lawyer’s name to be multinational business enterprises
written in an automobile and others engaged in foreign
insurance policy with direction to trade and investment.‖ This is
the insured to contact the unethical because Baker &
attorney in case of accident. McKenzie is not authorized to
practice law here. (Dacanay v.
Baker and McKenzie, 136
A lawyer shall not use false or SCRA 349 (1985))
from the firm name unless the law national organization of the legal
allows him to practice law concurrently. profession based on the recognition of
The purpose of the rule is to prevent the lawyer as an officer of the court.
the law firm from using his name to Integration fosters cohesion among
attract legal business and to avoid lawyers and ensures the promotion of
suspicion of undue influence. the objectives of the legal profession
pursuant to the principle of maximum
A lawyer shall not seek media bar autonomy with minimum
Presidential
newspapermen. Philippine Bar.
o Arranging for the purpose an Decree 181
interview with him by media (CONSTITUTING THE INTEGRATED BAR
people. OF THE PHILIPPINES INTO A BODY
CORPORATE AND PROVIDING
E. THE INTEGRATED BAR OF THE GOVERNMENT ASSISTANCE THERETO
PHILIPPINES FOR THE ACCOMPLISHMENT OF ITS
PURPOSES) constituted the Integrated
him. power of the State.
In upholding the constitutionality of The inherent power of the
integration, the Supreme Court quoted Supreme Court to regulate
approvingly the report of the the bar includes the
Commission on Bar Integration on the authority to integrate the
matter as follows: bar.
o Freedom of Association – ―To o Regulatory fee – For the Court to
compel a lawyer to be a member prescribe dues does not mean
of an integrated bar is not that the Court levies a tax.
violative of his constitutional A membership fee is an
freedom to associate (or the exaction for regulation,
corollary right not to associate).‖ while the purpose of a tax
―Integration does not make is revenue.
a lawyer a member of any An integrated bar program
group of which he is not would not be possible to
already a member. He push through without
became a member of the means to defray the
bar when he passed the bar concomitant expenses.
exams. All that integration The public interest
does is to provide an promoted by integration far
official national outweighs the
organization for the well- inconsequential
defined but unorganized inconvenience to a member
and incohesive group of that might result from his
which every lawyer is required payment of annual
already a member.‖ dues.
―Bar integration does not o Freedom of Speech – ―A lawyer is
compel the lawyer to free, as he has always been, to
associate with anyone. He voice his views on any subject in
is free to attend or not any manner he wishes, even
attend the meetings.‖ though such views be opposed to
―The compulsion to which positions taken by the unified
he is subjected is the bar.‖
payment of annual dues.‖ ―For the Integrated Bar to
The issue, therefore, is a use a member’s dues to
question of compelled promote measures to which
financial support of group said member is opposed,
activities, not involuntary would not nullify or
membership in any other adversely affect his
aspect. freedom of speech.‖
Assuming that bar ―Since a State may
integration does compel a constitutionally condition
lawyer to be a member, the right to practice law
such compulsion is justified upon membership, it is
difficult to understand why
ralc2011 47
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
following are the general objectives of
the Integrated bar: The purposes of an integrated Bar, in
o to elevate the standards of the general, are:
legal profession, 1. Assist in the administration of
o to improve the administration of justice;
justice; and 2. Foster and maintain on the part
o to enable the Bar to discharge its of its members high ideals of
public responsibilities more integrity, learning, professional
effectively. competence, public service and
o The purposes of the Integrated conduct;
Bar include, without being limited 3. Safeguard the professional
to, those specified in the per interests of its members;
curiam Resolution of the Supreme 4. Cultivate among its members a
Court dated January 9, 1973 spirit of cordiality and
ordaining the integration of the brotherhood;
Philippine Bar, to wit: 5. Provide a forum for the discussion
1. Assist in the administration of law, jurisprudence, law reform,
of justice; pleading, practice and procedure,
and the relations of the Bar to the
ralc2011 48
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Bench and to the public, and the country so that the poor may not
publish information relating lack competent legal service;
thereto; 9. Distribute educational and
6. Encourage and foster legal informational materials that are
education; difficult to obtain in many of our
7. Promote a continuing program of provinces;
legal research in substantive and 10. Devise and maintain a
adjective law, and make reports program of continuing legal
and recommendations thereon; education for practising attorneys in
and order to elevate the standards of the
8. Enable the Bar to discharge its profession throughout the country;
public responsibility effectively. 11. Enforce rigid ethical
standards, and promulgate minimum
Integration of the Bar will, among other fees schedules;
things, make it possible for the legal 12. Create law centers and
profession to: establish law libraries for legal
1. Render more effective assistance in research;
maintaining the Rule of Law; 13. Conduct campaigns to
2. Protect lawyers and litigants against educate the people on their legal
the abuse of tyrannical judges and rights and obligations, on the
prosecuting officers; importance of preventive legal
3. Discharge, fully and properly, its advice, and on the functions and
responsibility in the disciplining duties of the Filipino lawyer; and
and/or removal of incompetent and 14. Generate and maintain
unworthy judges and prosecuting pervasive and meaningful country-
officers; wide involvement of the lawyer
4. Shield the judiciary, which population in the solution of the
traditionally cannot defend itself multifarious problems that afflict the
except within its own forum, from nation. (In re Integration of the
the assaults that politics and self- Bar of the Philippines)
interest may level at it, and assist it
register in like manner not later
The election of IBP officers is required than sixty days after such
to be conducted on a non-political admission.
basis. Partisan politics may thus
invalidate the elections. Registration shall be
Partisan political activities of candidates accomplished by signing and
for IBP positions, such as setting up filing in duplicate the prescribed
campaign headquarters, island-hopping registration form containing such
to solicit votes of chapter presidents, information as may be required
made a political circus of the by the Board of Governors,
proceedings and tainted the whole including the following:
election process. The candidates a. Full name, sex and civil
violated the IBP by-laws and of the status;
ethics of the legal profession. b. Month, date, year and
place of birth;
Membership, resignation, retirement, c. Office address(es);
Secretary of the Integrated Bar,
who shall immediately bring the Subject to approval by the Supreme
matter to the attention of the Court, the Board of Governors may
Supreme Court. Forthwith, he increase the annual membership dues,
shall cease to be a member and or modify the apportionment thereof.
his name shall be stricken from
the Roll of Attorneys. All lawyers shall indicate in all
pleadings, motions and papers
Reinstatement may be made in signed and filed by them in any
accordance with rules and court in the Philippines - and in the
regulations prescribed by the case of government lawyers, in all
Board of Governors and approved official documents issued by them -
by the Court. the number and date of their official
receipt indicating payment of their
o Sec. 22. Retirement; annual membership dues to the
reinstatement. - Any member in Integrated Bar of the Philippines for
good standing who shall have the current year, or in the case of
attained the age of seventy-five life members, their life membership
years, or who shall have been roll number. (As amended pursuant
forty years as lawyer shall, by to Bar Matter No. 668).
reason of physical disability or
judicially adjudged mental Sec. 24. Effect of non-payment of
incapacity, be unable to engage dues. - Except for the fiscal year
in the practice of Law, may be 1974- 1975, any member who has
retired from the Integrated Bar not paid his membership dues for
upon verified petition to the any given fiscal year on or before
Board of Governors. Retired the last day (June 30) of the
members shall not practice law or immediately preceding fiscal year
be required to pay dues. shall be considered as dues-
delinquent members. For the fiscal
A retired member may be year 1974-1975 any member who
reinstated to active membership has not paid the annual dues on or
upon written application to and before November 30, 1974 shall be
approval by the Board. considered a dues-delinquent. If the
ralc2011 51
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
following December 31, the Board of shall have at least one Delegate.
Governors shall by Resolution At the local level are the Chapter
forthwith suspend all his officials.
membership privileges other than Sec. 26. Chapters. - A Chapter of the
the practice of law. Integrated Bar shall be organized in
every province existing on the date of
Sec. 25. Remission or lifting of the effectivity of the Integration Rule.
sanctions. - The Board of Governors Except as hereinbelow provided, every
may, for justifiable reasons, remit or city shall be considered part of the
lift sanctions already imposed and province within which it was
authorize the retroactive geographically situated prior to its
reinstatement of the member creation as a city.
concerned. However, sanctions
by the Board of Governors. disbursements from the funds of the
(e) Treasurer: The Treasurer shall Integrated Bar;
collect, receive, recorder and c. Engage the services of employees,
disburse ad funds of the Integrated define their duties and fix their
Bar; compensation;
Sec. 49. Terms of office. - The d. Receive, consider and act on reports
President and the Executive Vice and recommendations submitted by the
President shall hold office for a term House of Delegates or its committees;
of two years from July 1 following e. Provide for the publication of the
their election until June 30 of their Journal of the Integrated Bar;
second year in office and until their f. Administer the Welfare Fund;
successors shall have been duly g. Fill vacancies, however arising in the
chosen and qualified. positions of officers of the Integrated
Bar;
Responsibility, Discipline and without the right to vote.
Disbarment. Sec. 34. Special convention. -
o Committee on Research Services. Special conventions of the House may
o Committee on Legislation. be called by the Board of Governors
o Committee on Public Services. motu proprio, or upon written petition
o Committee on Inter-Professional therefor filed with the Secretary of the
and Business Relations. Integrated Bar signed by not less than
o Committee on Books and thirty Delegates.
Publications. Sec. 33. (b) The President and
o Committee on Unauthorized Executive Vice President of the IBP shall
Practice of Law. be the Chairman and Vice-Chairman,
o Committee on Law Reporting. respectively, of the House of Delegates.
o Budget committee. The Secretary, Treasurer, and
Sergeant-at-Arms shall be appointed by
Sec.
shall have at least one Delegate. justice; and
31. Membership. - The o to enable the Bar to discharge its
membership of the House of Delegates public responsibilities more
ralc2011 55
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
and good faith to the Court.
He is an officer of the court exercising a
A. LAWYER OWES CANDOR AND privilege, which is indispensable in the
FAIRNESS TO THE COURTS administration of justice.
If he were to act other than candidly,
Canon 10. A Lawyer owes candor, fairness and fairly, and truthfully, the administration
good faith to the Court.
of justice will suffer as a result thereby.
Supreme Court aptly underscored
Rule 10.01. A lawyer shall not do any
reasons:
falsehood, nor consent to the doing of any
in Court, nor shall he mislead or allow the o He is an officer of the court
Court to be misled by an artifice. exercising privileges
indispensable to the
Rule 10.02. A lawyer shall not knowingly administration of justice.
misquote or misrepresent the contents of o Courts are entitled to expect only
a paper, the language or the argument of
complete honesty from lawyers
opposing counsel, or the text of a decision
or authority, or knowingly cite as law a
appearing before them.
provision already rendered inoperative by o Like the court itself, he is an
repeal or amendment, or assert as a fact instrument to advance its ends –
that which has not been proved. the speedy, efficient, and
impartial adjudication of cases.
Rule 10.03. A lawyer shall observe the It is thus unprofessional to deal other
rules of procedure and shall not misuse
than candidly with the facts in taking
them to defeat the ends of justice.
statements of witnesses, in drawing
affidavits, and other documents, and in
Lawyer’s duties to court, generally
A lawyer is, first and foremost, an
the presentation of causes.
A lawyer, however, though an officer of
His duties to the court are more
officer of the court.
the court, is not an umpire but an
advocate.
significant than those which he owes to
His personal belief in the soundness of
His first duty is not to his client but to
his client.
his cause or of the authorities
supporting it is irrelevant.
Client’s success is wholly subordinate.
the administration of justice.
to be misled by an artifice.
duty to his client and that to the court, He swore, upon his admission to the
he should resolve such conflict in favor practice, that will do no falsehood and
ralc2011 56
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
of fact or law. word for word and punctuation mark by
The oat embodies the fundamental punctuation mark.
duties of a lawyer, which he must honor Only from the Supreme Court’s rulings
as there would be a great detriment to, do all other courts, as well as lawyers
if not a failure of, the administration of and litigants, take their bearing.
justice if courts could not rely on the New Civil Code, Article 8. Judicial
representations of the lawyers in the decisions applying or interpreting the
handling of their cases. laws or the Constitution shall form a part
A lawyer should not conceal the truth of the legal system of the Philippines.
from the court, nor mislead the court in Thus, ever present is the danger that if
any manner no matter how demanding not faithfully and exactly quoted, the
decisions and rulings of the Supreme
his duties to his client may be.
No client is entitled to receive from the Court may lose their proper and correct
lawyer any service involving dishonesty meaning, to the detriment of other
courts, lawyers, and the public who
to the courts.
A lawyers should neither endeavor by may be misled.
dishonest means to mislead the court or If inferior courts and members of the
the adverse party nor make false bar meticulously check and recheck
their citations of authorities, appellate
allegations in a pleading.
It is improper for counsel of the courts will be precluded from acting on
accused to ask him to plead guilty to an misinformation and save precious time
offense which counsel knows his client in finding out whether the citations are
did not commit. correct.
opposing counsel, or the text of a decision or to defeat the ends of justice.
authority, or knowingly cite as law a provision Procedural rules are instruments in the
already rendered inoperative by repeal or speedy and efficient administration of
amendment, or assert as a fact that which
justice. They should be used to achieve
has not been proved.
A lawyer who deliberately made it such end and not to derail it.
appear that the quotations in his motion Filing of multiple petitions constitutes
abuse of the court’s processes.
for reconsideration were findings of the
Supreme Court, when they were just He should not use his knowledge of law
part of the memorandum of the Court as an instrument to harass a party.
Administrator, and who misspelled the While a lawyer owes fidelity to the
name of the complainant and made the cause of his client, it should not be at
the expense of truth and administration
wrong citation of authority.
In signing the Court’s decisions, it is the of justice.
bounden duty of courts, judges, and
ralc2011 57
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
A judicious study of the facts and the A lawyer violates Canon 11 of the code
law should advise him when a case when:
should not be filed, as it would only o He threatens the judge with the
clutter the dockets. filing of an administrative charge
if his motion is not granted.
B. OBSERVING AND MAINTAINING o Berating the researcher of the
RESPECT DUE THE COURTS AND court in his pleading is
JUDICIAL OFFICERS disrespectful to the court itself.
o A lawyer who openly defied the
temporary restraining order
Canon 11. A lawyer shall observe and maintain issued by the Court of Appeals.
the respect due to the courts and judicial officers
and should insist on similar conduct by others.
conduct by others.
is underscored by the fact that a willful
This canon should constantly remind
disregard thereof may subject the
lawyers that second only to the duty of
lawyer not only to punishment for
maintaining allegiance to the Republic,
contempt but to disciplinary action as
and to support the Constitution, and
The word ―willful‖ conveys the idea of
an officer of the court.
obey the laws of the land, it is the duty
of all attorneys to observe and maintain
flagrant misconduct such as would
the respect due to the courts of justice
indicate a disposition on the part of a
Respect of courts helps build the high
and judicial officers.
lawyer so refractory in character as to
affect his qualifications and standing for
esteem and regard toward them, which
the further exercise of his profession.
is essential to the proper administration
of justice.
ralc2011 58
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
properly attired. While he should so abstain from using
Should be a Barong Tagalog or a coat such language, he may use strong
and tie, either of which is the language to drive home a point. He has
recognized formal attire in the country. the right to be assiduous and zealous in
Respect to the court must begin with the prosecution or defense of the
the lawyer’s client’s cause.
outward physical
appearance in court. He should be courageous enough to
Sloppy or informal attire adversely point out errors, arbitrariness, and
reflects on the lawyer and demeans the injustice of the courts and judges. The
dignity and solemnity of the court fear of provoking displeasure of the
proceedings. offended judges must not deter him
If he dresses improperly, he may be from complying with this duty to object
cited for contempt. to illegal or erroneous judicial decisions.
He should be allowed some latitude of
of the causes he upholds.
appearing during the trial punctually It must never be forgotten that a lawyer pleads;
he does not dictate. He should be courageous, fair,
He owes it to his client, to the court,
and in proper attire.
and circumspect, not petulant, combative, or
bellicose in his dealings with the court.
and to the public.
A lawyer should not assail, without basis, the
personal integrity of a judge and accuse him of
ralc2011 59
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
misfeasance in an attempt to hide his own His right to criticize the acts of courts and judges
inadequacies and omissions to escape criticism of in a proper and respectful way and through
his client. legitimate channels is well recognized.
Rule 11.04. A lawyer shall not attribute to a
Judge motives not supported by the record or A lawyer shall submit grievances to proper
authorities
have no materiality to the case.
The duty to support the judge does not, however,
Disrespectful, abusive, and abrasive preclude a lawyer from filing administrative
language, offensive personalities, complaints against erring judges.
unfounded accusations, or intemperate Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities only.
words tending to obstruct, embarrass,
That they be filed with the Supreme Court
or influence the court have no place in a
which has administrative supervision over all
pleading.
courts and the power to discipline judges of
Neither does the mistake of a judge in some of his
lower courts.
rulings warrant the use of offensive language.
In championing the cause of his client, a lawyer Constitution Article VIII Section 6.
should not resort to insulting or disparaging The Supreme Court shall have
language amounting to disrespect toward the administrative supervision over all
court.
courts and the personnel thereof.
A judge should be courteous to the lawyer to Constitution Article VIII Section
merit respect 11.
The duty to observe and maintain respect is not a
xxx
one-way duty from a lawyer to a judge. A judge
should also be courteous to counsel, especially The Supreme Court en banc shall have
those who are young and inexperienced. the power to discipline judges of lower
courts, or order their dismissal by a
Upholding court’s authority and dignity
vote of a majority of the Members who
As an officer of the court, a lawyer
actually took part in the deliberations
should uphold the dignity and authority
on the issues in the case and voted
of the court and not promote distrust in
thereon.
the administration of justice (Canon A lawyer may prefer charges against a judge
10).
only after proper circumspection and without
He should seek to preserve faith in the the use of disrespectful language or offensive
courts and help build and not destroy personalities.
the high esteem and regard toward A lawyer may not file administrative
them. complaints against judges until he has
exhausted judicial remedies which result in a
He should prevent anybody from
finding that the judge has gravely erred.
harboring and encouraging discontent.
A lawyer shall not attribute to a judge C. ASSISTING THE COURT IN SPEEDY AND
improper motives EFFICIENT ADMINISTRATION OF JUSTICE
A judge may commit errors, he may abuse his
discretion in the resolution of issues before him. Canon 12. A lawyer shall exert every effort and
They do not, however, justify a lawyer to consider it his duty to assist in the speedy and efficient
―attribute to a Judge, motives not administration of justice.
supported by the record or have no Rule 12.01. A lawyer shall not appear for trial
materiality to the case.‖ (Rule 11.04).
unless he has adequately prepared himself on
He should not make hasty accusation against the the law and the facts of his case, the evidence
judge without any cogent and valid ground existing he will adduce and the order of its preference.
in the record. He should also be ready with the original
The rule allows criticism so long as it is supported documents for comparison with the copies.
by the record or is material to the case.
ralc2011 60
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
efficient administration of justice.
He is first and foremost an officer of the A lawyer shall not resort to forum
ralc2011 61
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
the Supreme Court, and vice versa. shopping.
Section 5, Rule 7 of the Rules of This requires disclosure of any pending
Court: case at the time the initiatory pleading
The plaintiff or principal party shall certify under is filed.
oath in the complaining or other initiatory pleading
asserting a claim for relief, or in a sworn
The fact that the initiatory pleading is
certification annexed thereto and simultaneously not based on the same cause of action
filed therewith: as the pending case is not a valid
excuse for non-compliance with the
a) that he has not theretofore commenced any
action or filed any claim involving the same issues disclosure requirement.
in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action Verification must be signed by the
or claim is pending therein;
party, not his counsel; exception
b) if there is such other pending action or claim, a The certification against forum shopping
complete statement of the present status thereof; must be signed by the party himself as
and he has personal knowledge of the facts
c) if he should thereafter learn that the same or
therein stated. It should not be
similar action or claim has been filed or is pending, executed by his counsel.
he shall report that fact within 5 days therefrom to Exceptions:
the court wherein his aforesaid complaint or o Where there are two or more
initiatory pleading has been filed.
parties, all of them must sign the
Failure to comply with the foregoing requirements verification and non-forum
shall not be curable by mere amendment of the certification, unless the one who
complaint or other initiatory pleading but shall
cause for the dismissal of the case without
signs, has been authorized to
prejudice, unless otherwise provided, upon motion execute the same on behalf of
after hearing. The submission of false certification the petitioner.
or non-compliance with any of the undertaking o Where the joint parties are
therein shall constitute indirect contempt of court,
without prejudice to the corresponding husband and wife involving their
administrative and criminal actions. If the acts of property, only the husband may
the party or his counsel clearly constitute willful sign the verification.
and deliberate forum shopping, the same shall be
o If the party is a juridical person
ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause (corporation, partnership), the
for administrative sanctions. certification must be executed by
a corporate officer or agent duly
Forum shopping is the improper authorized by its board of
practice of going from one court to directors.
another in the hope of securing a o A non-forum certification
favorable relief in one court which executed by counsel of the party
another court has denied or the filing of is fatally defective, unless the
repetitious suits or proceedings in counsel certifies in the
different courts concerning substantially certification that he has personal
the same subject matter. knowledge of the facts therein
stated and gives justifiable
ralc2011 62
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
reason why the party himself offended party recover damages twice for the
same act or omission charged in the criminal
cannot sign.
action.
The reason is that only the party
himself has actual knowledge of
Sanctions for violation
whether or not he has initiated similar Failure to file the certification against forum
shopping is fatal to the complaint or petition.
actions in different courts or agencies. Subsequent filing of the certification does not cure
the fatal defect.
Test to determine forum shopping Rules of Court, Rule 7, Section 5, paragraph 2:
Failure to comply with the foregoing requirement
The test in determining is whether the
shall not be curable by mere amendment of the
elements of litis pendentia (a pending complaint or other initiatory pleading, but shall be
suit) are present or whether final cause for the dismissal of the case without
judgment in one case will amount to res prejudice, unless otherwise provided, upon motion
and after hearing. The submission of a false
judicata in the other.
certification or non-compliance with any of the
Res judicata – a doctrine which undertakings therein shall constitute indirect
precludes parties from re-litigating contempt of court, without prejudice to the
issues actually litigated and determined corresponding administrative and criminal actions.
If the acts of the party or his counsel clearly
by a prior and final judgment. It requires: constitute willful and deliberate forum shopping,
o That there be a decision on the the same shall be ground for dismissal with
merits; prejudice and shall constitute direct contempt, as
o By a court of competent jurisdiction; well as cause for administrative sanctions.
o The decision is final;
Lawyer to temper client’s propensity to litigate
o And the two actions involved identical
parties, subject matter, and causes of It is the duty of the lawyer to resist the
action. whims and caprices of his client and to
If any one of these elements is absent, there is no
temper the client’s inclination to
forum shopping.
litigate.
There is forum shopping where there are identity
of parties or interest, rights asserted, and reliefs Rules of Court, Rule 7, Section 3,
sought in different tribunals. paragraph 2: The signature of counsel
EXCEPTION:
The filing of a civil case in court does not constitutes a certificate by him that he
preclude the filing of a criminal action arising has read the pleading; that to the best
from the same set of facts on which the civil of his knowledge, information, and
action is based, as the law allows it. There is
belief, there is good ground to support
no forum-shopping in such instances.
it; and that it is not interposed for
Rules of Court, Rule 111, Section 1: Institution delay.
of criminal and civil actions (a) When a This rule imposes upon a lawyer the
criminal action is instituted, the civil action for
the recovery of civil liability arising from the
affirmative duty to check useless
offense charged shall be deemed instituted litigations, willful violation of which may
with the criminal action unless the offended subject him to disciplinary action, or
party waives the civil action, reserves the right render him liable for costs of litigation.
to institute it separately, or institutes the civil
action prior to the civil action. A litigant may seek his legal assistance
for reasons other than to vindicate a
Section 3: When civil action may proceed legal wrong or other than to prosecute
independently. – In the cases provided in
a valid cause.
Articles 32, 33, 34, and 2176 of the Civil Code
of the Philippines, the independent civil action The purpose may either be:
may be brought by the offended party. It shall o To harass a party or injure the
proceed independently of the criminal action opposite party or work oppression
and shall require only a preponderance of
evidence. In no case, however, may the or wrong.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
honest claimant by filing the suit the heirs of the deceased client.
to delay the payment of a just Similarly, it is his duty to inform the
claim. court of any change of his address.
o To drain the resources of the Although his failure to do so will not
poorer party by way of prevent any notice sent to his address
compelling him to submit out of of record to be effective, his conduct
sheer exhaustion. may delay the disposition of the case
While a client may withhold facts from and prejudice the interest of his client.
his counsel or give him false
information to attain unlawful ends, a A lawyer shall not delay or impede the
misuse court processes.
allow himself to be a party to its
The law makes it the lawyer’s duty to
realization or even withdraw from the
delay no man for money or malice.
case.
Rules of Court, Rule 7, Section 3,
paragraph 2: The signature of counsel
A lawyer shall file his pleadings within
constitutes a certificate by him that he
the period
Rule 12.03. A lawyer shall not, after obtaining has read the pleading; that to the best
extensions of time to file pleadings, memoranda or of his knowledge, information, and
briefs, let the period lapse without submitting to belief, there is good ground to support
the same or offering an explanation for his failure
it; and that it is not interposed for
to do so.
Pressure of work or the need for more delay.
time to finish the job often constrains a For where a lawyer insisted on the
lawyer to ask the court for an extension client’s patently unmeritorious case or
of time to file a pleading, interposed an appeal merely to delay
memorandum, or brief. The lawyer’s litigation or thwart the prompt
failure to make an explanation satisfaction of the prevailing party’s just
constitutes discourtesy to the court. and valid claim, the court may adjudge
Where a lawyer’s motion for extension of time to the lawyer liable to pay treble costs.
file a pleading, memorandum or brief has remained Procedural rules are precisely designed
unacted by the court, the least that is expected of to accomplish the purpose of rendering
him is to file it within the period asked for.
justice to the parties to a lawsuits free
from the ―law’s delays.‖
Duty to inform client’s death and change of
counsel’s address
A lawyer should use those rules for the
Rules of Court, Rule 3, Section 16: Death of
purpose and not for its frustration.
party; duty of counsel: Whenever a party to a
pending action dies, and the claim is not thereby Litigation is not a game of technicalities
distinguished, it shall be the duty of his counsel to in which one, more deeply schooled and
inform the court within thirty (30) days after such skilled in the subtle art of movement
death of the fact thereof, and to give the name
and address of his legal representative or
and position, entraps and destroys the
representatives. Failure of counsel to comply with other. It is rather a contest in which
this duty shall be a ground for disciplinary action. each contending party fully and fairly
If no such notice is made, the court will lays before the court the facts in issue
proceed to conclusion as if the party is
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
and then asks that justice be done upon Rule 12.06 A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
the merits.
another.
A lawyer should not hide behind a maze
While he may interview witnesses in
of technicalities to delay if not defect
advance of trial or attend to their needs
the recovery of what is justly due and
if they have no adequate means of
demandable.
defraying their own expenses, the
lawyer should avoid any such action as
If a lawyer is honestly convinced of the
Lawyer to discourage appellate review
may be misinterpreted as an attempt to
influence the witness as to what to say
futility of an appeal in a civil suit, he
in court.
should not hesitate to inform his
A lawyer who presents a witness whom
disappointed client that most likely the
he knows will give a false testimony
He should advise his client to accept the
verdict would not be altered.
may be subjected to disciplinary action.
judgment of the trial court and thus
Lawyers shall not harass a witness
accord respect to the just claim of the Rule 12.07 A lawyer shall not abuse, browbeat or
him.
Duty to always treat adverse witnesses
Unless he could sufficient cause for
seek appellate review of such decision.
with fairness and due consideration.
reversal, he would only succeed in Rules of Court, Rule 138, Section 20:
planting false hopes in his client’s mind,
increase the burden on appellate (f) To abstain from all offensive
tribunals, prolong litigation personality and to advance no fact
unnecessarily, and expose his client to prejudicial to the honor or reputation of
a party or witness, unless required by
It has also been held that the failure of
useless expenses of suit.
the justice of the cause with which he is
counsel to file an appeal is negligent in charged;
the performance of his duties to his
client. If the lawyer does not hear from A lawyer shall avoid testifying for a
professional conduct.
It would also be improper for a lawyer his cause and refrain from any impropriety which
tends to influence, or gives the appearance of
to accept employment in a case where
influencing the court.
it would be his duty to attack the Improper acts lessen the confidence of
testimony to be given by his partner on the public in the impartial
behalf of the opposite side. administration of justice and should be
The underlying reason for the avoided.
impropriety of a lawyer acting in such
dual capacity: A lawyer shall not extend hospitality
o The function of a witness is to tell
Rule 13.01 - A lawyer shall not extend
to a judge
the facts.
o The function of an advocate is extraordinary attention or hospitality to, nor seek
that of a partisan. opportunity for cultivating familiarity with Judges.
It is difficult to distinguish between the The unusual attention may subject both
zeal of an advocate and the fairness the judge and the lawyer to suspicion.
o The common practice of some lawyers
and impartiality of a disinterested
making judges and prosecutors godfathers
witness. of their children to enhance their influence
It is hard to disassociate his relation to and their law practice should be avoided by
his client as an attorney and his relation judges and lawyers alike.
o A lawyer should not see a judge in
to the party as a witness. chamber and talk to him about a case he is
handling and pending in the judge’s court.
D. AVOIDING IMPROPRIETY THAT o A lawyer should not communicate to the
TENDS TO INFLUENCE THE COURT judge the merits of a pending case.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
much circumscribed. lower courts.
What he can ordinarily say against a In articles written for law journals, he
concluded litigation the manner the dissects with detachment the doctrinal
judge handed down the decision therein pronouncement of courts and fearlessly
may not be generally said to a pending lays bare for all to see the flaws and
action. inconsistencies of the doctrines.
The court, in a pending litigation, must
be shielded from embarrassment or A lawyer shall not invite judicial
influence in its duty of deciding the interference
case. Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
On the other hand, once a litigation is government in the normal course of judicial
concluded, the judge is subject to the proceedings.
same criticism as any other public It endangers the independence of the
official. A lawyer enjoys wider latitude judiciary.
of comment or criticism.
ralc2011 67
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
CANON 14. A lawyer shall not refuse his services Moreover, he is an officer of the court.
to the needy. The relation of attorney and client is strictly
personal and highly confidential.
Rule 14.01. A lawyer shall not decline to Its creation breathes life to the rules and
represent a person solely on account of ethics of the legal profession and requires of
the latter’s race, sex, creed or status of an attorney who accepts a retainer a high
life, or because of his own opinion standard of conduct and an appreciation of
regarding the guilt of said person. his duties to his client, to the court, to the
bar, and to the public.
Rule 14.02. A lawyer shall not decline,
The
the client or the attorney.
a. He is not in a position to carry deceased attorney’s personal
out the work effectively or representative has no right to assign pending
competently; cases to a counsel of his choice. Such matter
Historically, the nature of lawyer-client His personal involvement may blur his sense
Nature of client relationship, generally relative.
relationship is premised on the Roman Law of duty and purpose and affect his
performance, to his or the client’s detriment.
In that situation, he should ask another
concepts of location conduction operarum
(contract of lease of services) and mandato
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
The relation is highly fiduciary in nature and The term “retainer” may refer to either of 2
of a very delicate, exacting, and confidential concepts:
character. 1. The act of the client engaging the
It demands undivided allegiance, a high services of an attorney to render legal
degree of good faith, disinterestedness, advice or defend or prosecute his
candor, fairness, loyalty, fidelity, and absolute cause in court.
integrity in all his dealings with his clients and a. General Retainer – its purpose
utter renunciation of every personal is to secure beforehand, the
advantage conflicting with the interest of his services of an attorney for any
client. legal problem that may
His responsibilities to his client should, afterward arise.
however, be reconciled with his duties to the b. Special Retainer – has
court. Each of them requires fidelity and reference to a particular case or
loyalty in varying degrees within limits. service only.
Deviation from such limits may invite the 2. The retaining fee which a client pays
exercise of disciplinary power by the court. to an attorney when the latter is
retained.
client; him to perform.
2. To promptly account for any fund or Its purpose: To prevent undue hardship on
property entrusted by or received for the part of the attorney based on the rule
his client; forbidding him from acting as counsel for the
3. Not to purchase or acquire, any other party after he has been retained by or
property or interest of is client in has given professional advice to the opposite
litigation; party.
4. To forever keep inviolate his client’s
secrets or confidence, and not to
the former ratifies or is stopped to deny the o Signing a pleading for and on behalf of
assumed authority. another counsel of record.
The essential feature of the relation is the fact
Sufficiency of professional employment In the absence of a written retainer, the
establishment of the attorney-client
of the case.
services is the best evidence to show the The employment or authority to employ an
relation, formality is not an indispensable attorney need not be proved in writing; such
evidence.
capacity to contract can employ an attorney.
A person suffering from some legal disability
cannot retain a lawyer to appear for him in
court.
Only a general guardian ad litem has the
authority to employ an attorney to represent
a minor or incompetent.
However, the appearance of a lawyer as
authorized by a relative of the minor or
incompetent is intrusive and will have no
effect, except to show the attorney’s good
faith in appearing in court.
An agent clothed by his principal with the
power to deal with the principals’ property or
interest has the authority to engage the
services of an attorney as counsel for the
principal.
The agent’s authority to employ an attorney
for his principal need not be in writing. It may
be inferred from circumstantial evidence.
General Rule: A wife has the authority to
engage the services of counsel even without
her husband’s consent in any of the instances
where she may prosecute or defend an action
without the necessity of joining her husband
as a party litigant.
o Exception: She cannot, however, bind
the conjugal partnership for the
payment of the fees of her lawyer
without the husband’s authority.
o Exception to the exception: In a suit
between her and her husband, which
she is compelled to institute or resist
to protect her rights.
General Rule: In a corporation, only the board
of directors has the authority to employ an
attorney to sue or defend an action for the
corporation as the power to sue and be sued
is lodged in them.
o Exceptions:
Such power to employ an
attorney may be delegated in
favor of any of its corporate
officers, expressly or impliedly.
A single stockholder may
institute a derivative suit on
behalf of a corporation and
employ an attorney for that
purpose.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
talented he may be.
Canon 15. A lawyer shall observe candor, On the other hand, a lawyer cannot just
fairness and loyalty in all his dealings and accept any case nor can he employ business
transactions with his clients. methods to solicit professional employment or
Rule 15.01. A lawyer, in conferring with a to advertise his talent and skill to attract
prospective client, shall ascertain as soon prospective clients.
as practicable whether the matter would
involve a conflict with another client or his Lawyer shall ascertain possible conflict of
Rule 15.03. A lawyer shall not represent explain to a prospective client all
conflicting interests except by written circumstances of his relations to the parties,
consent of all concerned given after a full and any interest in connection with the
disclosure of the facts. controversy, which in his honest judgment,
might influence the client in the selection of a
A
imply that he is able to influence any Duty to decline employment
public official, tribunal or legislative body. lawyer should decline professional
employment even though how attractive the
Rule 15.07. A lawyer shall impress upon fee may be if its acceptance will involve a
his client compliance with the laws and violation of any of the rules of the legal
Rule 15.08. A lawyer who is engaged in claim, the lawyer may not thereafter accept
another profession or occupation retainer from the defendant to defeat that
He should not accept employment as an to be bad? Johnson: Sir, you do not know it
advocate in any matter in which he had to be good or bad till the judge determines
intervened while in the government service. it..
This canonical injunction is based upon the
necessity that professional integrity and
public confidence in that integrity be It is his business to judge; and you are not to
maintained. be confident in your opinion that a cause is
bad, but to say all you can for your client.‖
He may not accept employment from an
organization to render legal services to A lawyer certainly knows whether a case is
members thereof concerning questions good or bad because it is not only his function
submitted by the members, the answers to but his duty to find out.
In a criminal action, it is the ―right of the
which are printed for circulation.
He may not accept employment as a lawyer to undertake the defense of a person
columnist to answer inquiries for advice as to accused of crime, regardless of his personal
individual rights through the medium of a opinion as to the guilt of the accused;
newspaper column. otherwise, innocent persons, victims only of
Nor may he accept employment from a suspicious circumstances, might be denied
proper defense.‖
collection agency which solicits business to
collect its claims. It is improper for a lawyer to assert in
EXCEPTIONS: Rule 14.03. A lawyer may argument his personal belief in his client’s
refuse to accept representation of an indigent innocence or in the justice of his cause.
client if: In a civil action, the rules and ethics of the
o He is not in a position to carry out the profession enjoin a lawyer from taking a bad
work effectively or competently; case.
o He labors under a conflict of interests o Firstly, the signature of counsel
between him and the prospective constitutes a certificate by him that he
client or between a present client and has read the pleading; that to the best
the prospective client. of his knowledge, information, and
belief there is good ground to support
A lawyer shall preserve the secrets of a it; and that it is not interposed for
to work oppression or wrong.‖ person who may wish to become his
If a lawyer were to take a bad civil suit client. He has the right to decline
against a defendant, it will either be to exert employment.
his best efforts toward a compromise or, if 2. Exception: Public prosecutor who
unsuccessful, to advice his client to confess cannot choose cases to prosecute.
judgment.
The reason why laymen often ask the ethical Canon 14: Duty of a lawyer to accept
question – how can a lawyer take a case employment insofar as the needy and poor
which he does not believe in? – is due partly are concerned. Refusal to accept being made
to unfamiliarity with the rules and ethics of the exception. Two reasons:
the legal profession and partly to a lack of 1. The poor and the needy need most the
appreciation of the rights of an accused. services of a lawyer but hesitate to
secure such because they cannot
D. LAWYER MAY NOT REFUSE HIS SERVICES afford to pay or fear refusal for their
inability to compensate the lawyer.
CANON 14. A lawyer shall not refuse his services to 2. IBP objective to make legal services
the needy. available for those who need them.
Requires a lawyer should not lightly
Rule 14.01. A lawyer shall not decline to
decline employment.
represent a person solely on account of the
latter’s race, sex, creed or status of life, or
because of his own opinion regarding the guilt A lawyer shall not decline to represent
Rule 14.02. A lawyer shall not decline, except It is the duty of an attorney: (h) Never to
for serious and sufficient cause, an reject, for any consideration personal to
appointment as counsel de oficio or as amici himself, the cause of the defenseless or
curiae, or a request from the Integrated Bar of
Rule 14.01. A lawyer shall not decline to
oppressed.
the Philippines or any of its chapters for
rendition of free legal aid.
represent a person solely on account of the
Rule 14.03. A lawyer may refuse to accept latter’s race, sex, creed or status of life, or
representation of an indigent client if: because of his own opinion regarding the guilt
of said person.
a. he is not in a position to carry out
the work effectively or competently; Regardless of his personal feelings, a lawyer
should not decline representation just
b. he labors under a conflict of because a client or a cause is unpopular or
interests between him and the
community reaction is adverse.
prospective client or between a present
History is replete with instances of
client and the prospective client.
distinguished and sacrificial services by
Rule 14.04. A lawyer who accepts the cause lawyers who had represented unpopular
of a person unable to pay his professional fees clients and causes, and received accolade for
shall observe the same standard of conduct such services from peers in the bar.
governing his relations with paying clients.
It is his duty not to decline to represent the
accused regardless of his opinion as to his
Lawyer as advocate, generally guilt.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
The law presumes the accused innocent, and 3. Appointment of counsel de oficio for
entitled to acquittal unless his guilt is proved the accused.—If it appears from the
beyond reasonable doubt. If the rule were record of the case transmitted that
otherwise, innocent persons, victims of a. the accused is confined in
suspicious circumstances, might be denied prison,
proper defense. b. is without counsel de parte on
appeal, or
A lawyer shall not decline appointment by c. Has signed the notice of appeal
to employ an attorney, and that the services
of counsel are necessary to secure the ends The court may not assign a counsel de oficio
of justice and to protect the rights of the to defend an accused when he previously
party. It shall be the duty of the attorney so manifested his desire to secure the services
assigned to render the required service, of a counsel de parte. If the court does so, it
unless he is excused therefrom by the court violates the defendant’s right to counsel, and
counsel de oficio in the following instances: must protest such appointment.
1. Duty of court to inform accused of his Where a counsel de oficio has been assigned
right to counsel.—Before arraignment, to an accused and such counsel has acted
the court shall inform the accused of without objection from the accused, the
his right to counsel and ask him if he conviction cannot be set aside on the sole
desires to have one. Unless the ground that said counsel was not the choice
accused is allowed to defend himself in of the accused.
person or has employed counsel of his
choice, the court must assign a Frequent appointment of same counsel
ralc2011 75
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
become his client. He has the right to decline Amount of attorney’s fees or client’s financial
employment. capability to pay should not serve as a test to
EXCEPTIONS: determine the extent of the lawyer’s devotion
1. A lawyer shall not refuse his services to to his client’s cause.
the needy or indigent.
2. He shall not decline to represent a person
solely on account of the latter’s race, sex,
creed or status of life or because of his
own opinion regarding the guilt of said
person. (Canon 14, Rule 14.01)
3. If there is serious and sufficient cause, an
appointment as counsel de oficio or as
amici curiae, or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
(Canon 14, Rule 14.02)
counsel.
The Solicitor General is the principal law
officer and legal defender of the Government.
o Has discretion in choosing whether to
prosecute or not, or to abandon a
prosecution already started.
o To take a position adverse to the
people of the Philippines in a criminal
case or to that of a government
agency or official when he believes
that justice will be served by taking a
different stand.
o But cannot refrain from performing his
duty as lawyer of the government.
o Mandamus will lie to compel him to
perform if refusal is based on flimsy
grounds.
consideration.
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
CHAPTER 7 – LAWYER’S
DUTIES IN HANDLING A. ENTIRE DEVOTION WITHIN THE LAW
CLIENT’S CAUSE
No lawyer is obliged to act as advocate for
Generally
Rule 15.02. A lawyer shall be bound by Once he agrees to take up the cause of a
the rule on privileged communication in client, the lawyer owes fidelity to such cause
respect of matters disclosed to him by a and must always be mindful of the trust and
prospective client.
confidence reposed in him.
He must serve the client with competence
Rule 15.03. A lawyer shall not represent and diligence, and champion the latter’s
conflicting interests except by written cause with whole-hearted fidelity, care, and
consent of all concerned given after a full
devotion.
disclosure of the facts. A lawyer who performs his duty with diligence
and candor not only protects the interest of
Rule 15.04. A lawyer may, with the his client; he also serves the ends of justice,
written consent of all concerned, act as does honor to the bar, and helps maintain the
mediator, conciliator or arbitrator in respect of the community to the legal
settling disputes. profession. (Aromin v. Atty. Boncavil)
Rule 15.07. A lawyer shall impress upon The court as guardian of the legal profession
his client compliance with the laws and expects a lawyer to employ all the energies at
the principles of fairness. his command. It demands of him the most
scrupulous performance of his duty.
Rule 15.08. A lawyer who is engaged in Negligence thereof will cause delay in the
another profession or occupation administration of justice or prejudice the
concurrently with the practice of law shall litigant’s rights.
make clear to his client whether he is
acting as a lawyer or in another capacity.
ralc2011 77
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Public interest requires that an attorney exert statute shall have been construed and
his best efforts in the prosecution or defense interpreted by competent jurisdiction, he is
of his client’s cause. free and is entitled to advice as to its validity
and as to what he conscientiously believes to
client compliance with the laws and the
knowledge of his client's cause before
The trust confided to an attorney must be As officers of the court, counsels are under
performed within the bounds of law. obligation to advice their clients against
His office does not permit violation of law or making untenable and inconsistent claims.
any manner of fraud or chicanery.
He swore, upon his admission to the practice,
to uphold the cause of justice, obey the law, If a lawyer finds his client’s contemplated civil
and do no falsehood. suit totally devoid of merit or wholly
defenseless, he should inform his client and
There is nothing in the duty to a client which dissuade him from filing or to compromise
makes it necessary for a lawyer to swear to rather than traverse the incontrovertible.
that which is false, to disregard the truth and If, on the other hand, he finds that his client’s
defy the clear purpose of the law, or to obtain cause is fairly meritorious and ripe for judicial
for his client something to which he is not adjudication, he should refrain from making
justly and fairly entitled. bold and confident assurances of success.
To permit lawyers to resort to unscrupulous Rule 15.06. A lawyer shall not state or imply
practices for the protection of the supposed that he is able to influence any public official,
rights of their clients is to defeat the tribunal or legislative body.
administration of justice. The miscarriages to which justice is subject,
When rendering any improper service or by reason of surprises and disappointments in
advice, the lawyer invites stern and just evidence and witnesses, through mistakes
condemnation. and errors of courts, even though only
occasional, admonish lawyers to beware of
He must also observe and advise his client to bold and confident assurances to clients,
observe the statute law, though until a
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
from his client on any substantial matter
concerning the litigation, which may require No client has a right to demand that his
decision on the part of the client, such as counsel shall be illiberal, or that he does
whether to compromise the case or to appeal anything therein repugnant to his own sense
beck and call of his client, ready and eager to A lawyer shall not undertake influence-
objectives of his client and shall not present,
He is not just an instrument of his client. participate in presenting or threaten to
While he owes devotion to him, he cannot present unfounded criminal charges to obtain
overstep the bounds set by his responsibility an improper advantage in any case or
honestly debatable under the law;
(f) To abstain from all offensive personality a marriage shall be promulgated upon a
and to advance no fact prejudicial to the stipulation of facts or by confession of
with which he is charged; separation shall be promulgated upon a
It is improper for a lawyer to assert in stipulation of facts or by confession of
the older and better known lawyer
whose opinion would carry more In annulment and legal separation
weight. proceedings, the circumstance that the
3. If such were permitted, omission to State is vitally interested in the
make such assertion might be taken maintenance of the marriage relation does
as an admission of the lack of belief in not make improper the lawyer’s
the soundness of his client’s cause. appearance in securing for his client what
is due him under the law.
What is unethical is the lawyer’s
Some defenses, when employed to defeat
Technical defense
participation in any collusion between the
clearly valid claims, may raise questions parties such as:
some other defense, be properly raised to defense.
The negative defense of lack of knowledge information that his client has, in the course
or information as permitted by the rules of the representation, perpetuated a fraud
must be availed of with sincerity and in upon a person or tribunal, shall promptly call
good faith. It must not be employed to upon the client to rectify the same, and failing
delay the litigation. which he shall terminate the relationship with
such client in accordance with the Rules of
Court.
ralc2011 80
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
When a lawyer discovers that some fraud or defective complaint that it did not suspend
deception has been practiced, which was the prescriptive period to file an action
unjustly imposed upon the court or party, he betrayed his client’s trust and did not
champion his cause.
should endeavor to rectify it; at first by
advising his client, and if his client refuses to
forego the advantage thus unjustly gained, he Duration and extent of a lawyer’s duty to
should promptly inform the injured person or safeguard client’s interest
his counsel, so that they may take The attorney’s duty to safeguard the client’s
appropriate steps. (Canon 41, Code of interest commences from his retainer until his
Canon 41 may collide with the lawyer’s duty such reasonable steps and such ordinary care
as his client’s interests may require.
The failure of his client to pay him his fees
to keep the client’s confidence inviolate,
which may be the reason why the Code of
Professional Responsibility merely requires does not warrant his abandoning the case.
the lawyer to terminate his relationship with
the client in the event the latter fails or A lawyer shall render service only when
d. He will take such steps as will
adequately safeguard his client’s Inadequate preparation spawns adverse
interest. A client may reasonably effects that go far beyond the personal
expect that counsel will make good his interest of the client.
When the merits of one side of a case are not
Rule 18.03. A lawyer shall not neglect a
representations.
properly presented because of inadequate
legal matter entrusted to him, and his legal presentation, the court may be misled
negligence in connection therewith shall by looking at the case in an uneven light.
render him liable. Careless preparation may cast doubt upon the
lawyer’s intellectual honesty.
A lawyer who delayed filing an action to
revive a judgment and thereafter filed a
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Thorough study and preparation will not executed by a corporate officer who has been
ensure winning the litigation, but there is duly authorized by its board of directors. If
deep satisfaction of having lost a case but there are two or more parties, all of them
won the esteem and respect of his client and should sign.
the approbation of the court in the manner he o Except:
espoused his client’s cause with skill, When one has been duly
diligence, ability, and candor. authorized to do so by his co-
party.
Where the petitioners are
husband and wife involving
A lawyer’s pleading:
Preparation of pleadings their property, in which case
only one of them may sign.
o Shows the extent of his study and
preparation; In verifying a pleading, the certification of the
o Articulates his ideas as an officer of notary public must state that the affiant
the court; personally appeared before him, that the
o Mirrors his personality and reflects his affiant is personally known to the notary
conduct and attitude toward the court, public or that the affiant exhibited to him an
the opposing party and his counsel. official identification issued by a government
o Is a document embodying the result of agency showing his picture and signature. As
his work and furnishing the basis on required by the notarial law and rule issued
which to judge his competence. by the Supreme Court.
If a lawyer fails to comply with these
All of the above considerations emphasize the requirements, the complaint may be
need for utmost care in the preparation of a dismissed or his client may lose the case.
―The client is bound by the action of his
pleading.
A pleader should bear in mind the substantive counsel, as well as by his mistake or
and procedural requirements of the pleading negligence,‖ and may even subject the lawyer
to be filed in the court. to disciplinary action.
He should not suppress or distort material
petition. of trial to guide him in the management of
better appraise its merit or deficiency.
The Rules of Court prescribe the procedural through which the law and the judges and
requirements, such as in the verification and lawyers, endeavor to ascertain the truth and
A pleading is verified by an affidavit that the A lawyer may properly interview any witness
affiant has read the pleading and that the or prospective witness for the opposing side
allegations therein are true and correct of his in any civil or criminal action without the
knowledge and belief. consent of opposing counsel or party. In
doing so, however, he should scrupulously
In the verified certification against forum avoid any suggestion calculated to induce the
shopping, it is signed only by the party witness to suppress or deviate from the truth,
himself and not his lawyer, and it may only be or in any degree to affect his free and
ralc2011 82
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
untrammeled conduct when appearing at the Rule 13, Sec. 10. Rules of Court
trial or on the witness stand. Completeness of service.
A lawyer may properly obtain statements Service by ordinary mail is complete upon the
from witnesses whose names were furnished
expiration of ten (10) days after mailing,
by the opposing counsel or interview the
employees of the opposing party even though unless the court otherwise provides.
they are under subpoena to appear as Service by registered mail is complete upon
actual receipt by the addressee, or after five
witnesses for the opposite side.
If after trial resulting in defendant’s (5) days from the date he received the first
conviction, his counsel has been advised that notice of the postmaster, whichever date is
a prosecution witness committed perjury, it is earlier.
the lawyer’s duty to endeavor honorably to
obtain such witness’ retraction.
This rule imposes upon a lawyer the duty to
An adverse party, though he may be used as maintain a system that will insure his prompt
a witness, is not a witness within the meaning receipt of notices and communications sent to
of the rule permitting a lawyer to interview
him by mail at his address of record.
the witness of the opposing party. The failure or refusal of a lawyer to claim
A lawyer should not in any way communicate registered mails addressed to him may prove
upon the subject of controversy with a party prejudicial to his client’s interests, as when as
represented by counsel, much less should he a consequence thereof, he fails to attend a
undertake to negotiate or compromise the hearing, to file a responsive pleading on time,
matter with him, but should deal only with his pay the docket fee, or appeal an adverse
counsel.
judgment.
Circumstances that will not warrant reopening
denied or the case has been set for trial for address on record is the place where all
the last time, the lawyer must take notices shall be served until the court is
precautionary measures such as notifying the officially informed to the contrary.
court or asking his clients to secure the
services of another lawyer or requesting
Rule 3, Sec. 16. Rules of Court: Death of
Notice of death of client
another attorney to appear for him.
party; duty of counsel:
Adoption of a system to insure receipt of
mails
ralc2011 83
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
Whenever a party to a pending action dies, What is required when moving from time to
as parties.
The failure of giving such notice binds his unacted, the least that is expected of a
client as well as the heirs of any judgment. lawyer in the meanwhile is to file it within the
Rule 20, Section 1. Rules of Court: Calendar Rule 12.03. A lawyer shall not, after
Requiring clerk of court to do his duty reasons for the delay.
If the clerk of court is negligent, it is the repeatedly seeking extensions and thereafter
lawyer’s duty to call the attention of the court simply letting the period lapse without
to that fact so that the administration of submitting any pleading or even explanation
justice will not suffer any delay.
Postponement is not a matter of right but of
for their failure.
While an appellant may expect the clerk of
court to do his duty, it does not discharge the sound judicial discretion.
counsel from the responsibility of seeing that
the record on appeal and evidence are
A lawyer must exercise ordinary diligence or
Diligence in handling case
elevated to the appellate court.
that reasonable degree of care and skill
developments of his case will minimize 1. The lawyer failed, without sufficient
occasions for misunderstanding or loss of justification, to bring an action
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
4. Failure to attend the scheduled pre- Where the client refuses to cooperate or is
trial conference or hearing. nowhere to be found, a lawyer should ask
5. Failure to prosecute the action for a that he be discharged or should apply to the
reasonable period. court that he be released.
6. Failure to inform the client of an Retirement from the case should be made on
adverse judgment within the record. His impending release from
reglementary period to appeal. professional obligation does not excuse him
7. Failure to take steps to have the from the non-performance thereof.
adverse decision reconsidered or
appealed.
8. Failure to ascertain the correct date of D. STANDARD OF DUTY IN CRIMINAL
receipt of the decision. ACTIONS
9. Failure to acquaint himself with what
has happened to the litigation.
knowledge and consent of the judge taking
Pressure and large volume of legal work cognizance of said case for the purpose of
provide no excuse for the lawyer’s inability to obtaining from the second sala a more
temptation to resist. plea that is truthful and made voluntarily by
It is improper for a lawyer to assert in the accused with full awareness of its
o Where barely days after accused client charges.
pleaded ―not guilty‖ he filed a The review by the Supreme Court of a lower
manifestation in open court that his court’s judgment would permit judicial inquiry
client was changing his plea to that of as to the extent a defense counsel has
―guilty.‖
The court requires strict accountability in the
performed his duty to an accused who
pleaded guilty to a capital offense and would
performance of a lawyer’s duty to the minimize the denial of an accused’s right to
registrar justify his release from his The guilty plea system is not conducive to a
responsibility as counsel de oficio unless on sound attorney-client relationship.
valid grounds. It has been asserted that there are some
―professional writrunners and pleaders‖ –
lawyers who handle large volume of cases for
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LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
innocence.
A lawyer who has been thrice appointed negligence or misconduct of his counsel
counsel de oficio, cautions the courts from because the client is generally bound by his
frequently appointing the same attorney to lawyer’s omission or mistake.
prevent the possibility of having the
compensation for services rendered as a
regular source of income, as the counsel
might be inordinately eager to finish the
cases to be able to collect his fees at the
earliest possible time.
And the quickest and easiest way to
accomplish that purpose is to ask an accused
to plead guilty even when counsel knows his
client did not commit the offense.
reputable lawyer into a trying situation.
Where a guilty plea would be an advantage in
view of the evidence of guilt and the
prosecutions’ offer to charge him with a lesser
offense, notwithstanding the accused insisting
his innocence.
If he were to advise his client to enter a plea
of not guilty, he may be less than true to his
duty of extending the best legal assistance to
the accused.
On the other hand, if he were to advise a
guilty plea to the lesser offense, a problem
arises as to the correctness of the step taken
especially when evidence is adduced, the
accused appears to be innocent.
There appears to be no immediate solution in
sight to the ethical and economic problems
posed by the guilty plea system.
Such problems underscore the need for a
defense counsel to be conscientious and
diligent in the discharge of his duties to the
accused.
E. CONSEQUENCES OF FAILURE TO
PERFORM DUTIES