LEGAL ETHICS PRELIMINARY Legal Ethics, Meaning.—It is the branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profes- sion and to the public (Malcolm, Legal and Judicial Ethics, 8 [1949]) as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Profes- sional Ethics, jurisprudence, moral law and special laws. Legal Ethics, A Prescribed Subject.—Legal Ethics is a prescribed subject in all law schools. It provides the needed moral foundation in the study of law intended to guide the student throughout his life. It has been one of the subjects in Bar Examinations in the Philippines since 1918. Significance Of Legal Ethics. —The practice of law which covers a wide range of activities characteristic of the legal profession, including the pursuit and defense of clients’ rights and interests before the courts, will be transgressive, anarchic, riotous, lawbreaking, defiant and disobedient to courts—if there are no sets of governing Tules to limit the parameters and tame the exercise of the profession. Legal Ethics will guard against the abuses and ills of the profession such aS dishonesty, decéit, immorality, negligence, slothness, lack of diligence and the many2 LecaL Eruics forms of malpractice of the members of the Bar. On the positive side, it will raise the standard of the legal profes. sion, encourage and enhance the respect for the law, assure an effective and efficient administration of justice, assist in the keeping and maintenance of law and order in coordination with the other Departments of the Govern- ment. It also provides the basis for the weeding out of the unfit and the misfit in the legal profession for the protec- tion of the public. Original Bases Of Legal Ethics.—Legal Ethics in the Philippines is originally based and rooted in the following 1. Canons of Professional Ethics. The Canons were framed by the American Bar Association in 1908. The same were adopted in the Philippines in 1917 by the Philippine Bar when the country was still a colony of the United States. The Canons were subsequently revised. The revised Canons were adopted in the Philippines in 1946 2. Supreme Court Decisions. Many of our rules on ethics were drawn from decisions of our Supreme Court and the Supreme Court of the United States which have relevance and bearing to the practice of law in the country. 3. Statutes. Some laws provide for sources of legal ethics like the Civil Code (Art. 1491 [5], Art. 2208), the Revised Penal Code (Art. 209) and many special laws. 4. Constitution. The Constitution bestowed on the Supreme Court the prerogative to promulgate rules on the admission to the Bar, the integration of the bar! and legal sistance to the underprivileged 5 [5h 1987 Constitution), “pened (Art VIL Section 5 | 5. | Treatises and Publications, Works on the subject of well-known autho1 5 as standards anthers have been used and cited by courts Practice of aw. uReS On the right conduct in the the nent Basis Of Philippine Legal Ethics —T0d2’: oe main basis of our legal ethics is the Code of Profes” ‘The “¢ Provisions were based on the 1973 ConstitutionPRELIMINARY 3 sional Responsibility. It is the embodiment into one Code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers sourced from the Constitution, Rules of Court, Canons of Profes- sional Ethics, statutes, special laws, treatises and deci- sions which must be observed by all members of the Bar in the exercise of their profession whether in or out of court as well as in their public and private lives. The Code of Professional Responsibility was initially drafted in 1980 by the IBP Committee On Responsibility, Disciplinesand Disbarment and was submitted to the Supreme Court for approval. It took the Supreme Court more than seven years to decide on its formal promulgation as a code of ‘conduct for members of the Bar. The Code of Professional Responsibility was finally promulgated by the Supreme Court on June 21, 1988. The Code is a judicial command, not a suggestion, promul- gated as it is by no less than the Highest Court of the land which has supremacy of supervision over all members of the Bar. Importance Of The New Code.—The Code has pro- vided the legal profession an impression of identity and sense of independence attuned to the local traditions, practices and customs in the country. This sense of iden- tity and independence ‘has given the Filipino lawyer the feeling of pride and emancipation from foreign Canons. There seems to be nothing more which is not covered by the Code of Professional Responsibility compared to the American Canons of Professional Ethics which have for Many years (starting in 1917) nurtured the code of ethics for the Filipino lawyers. As the years go onward, the Integrated Bar of the Philippines and the Supreme Court may find reasons and time to improve the Code of Professional Responsibility to better enhance and strengthen the ethics of the legal Profession.e LecaL Emmics Definitions Of Terms Commonly Used In Legal Ethics to the whole body of at. Bar and Bench. Bar refers torneys and counsellors; collectively, the members of the legal profession; they are figuratively called the “bar” to distinguish them from the “bench,” which terms denote the whole body of judges (See Black's Law Dictionary, Sixth Edition, p. 148) Bar refers to the “collectivity of persons whose names appear in the Roll of Attorneys (Garcia vs. De Vera, 418 SCRA 27) In the Philippines, it is kown as the Integrated Bar of the Philippines where membership is mandatory. Bar Admission. Act by which one is licensed to prac- tice before courts of a particular state or jurisdiction after Satisfying certain requirements such as bar examinations, Period of residency or admission on grounds of reciprocity ears as member of bar of another jurisdic- tion (Black’s Law Dictionary, Sixth Editior n, p. 149), ____ Lawyer. This is the general term for a person trained in the law and authorized to advise or represent others in legal matters, A lawyer is a person licensed to pra : ctice law (Black's ‘aw Dictionary, 6th Ed., p. agg) Practice law ( in aoe Lawyer. A lawyer who Personally handles cases » administrative agencies or boards which means engaging in actual trial work either { for the defense of ° r the prosecution or f cases of clients, Practisi, law. “Practice Sia Sr One engaged in the practice of the means any activity, in or out of court Knowledge, treint i application of jaw, legal procedure. Practice of law ig to ind experience, ‘To engage in the teristics of the rofe Perform those acts which are charac” Bive notice or faa ae Generally, to practice law is t? Service requires the wee ein of service, which device OF oF skal” (Cayetano vs. Monsod, 204 a ‘egal knowledge . 10).PRELIMINARY 5 (Note: All trial lawyers are practising lawyers, but not all practising lawyers are trial lawyers) Client. One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. Attorneys-at-Law. That class of persons who are by license, officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui vs. Cui, 120 Phil. 729). An attorney-at-law is a person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. (Black's Law Dictionary, Sixth Edition, p. 128). (Note: Attorney-at-law is synonymous with counsel- lor-at-law, lawyer, attorney, counsel, “abogado” and “bo- ceros”). Alawi vs. Alauya 268 SCRA 639 Facts: Alauya is the incumbent executive clerk of court of the 4th Judicial Shari'a District in Marawi City. A complaint was filed against him by Sophia Alawi with the Supreme Court seeking his dismissal from the service. Alawi's complaint is anchored on Alauya’s “malicious and libelous charges” resulting in undue injury to her honor and reputation, contained in letters sent to E.B. Villarosa and Company and Home Mortgage Finance Corporation. In his letter to the Asst. Clerk of Court, Atty. Marasigan, Alauya signed his name with the prefix “Atty.” Issue: As an officer of the Shari'a court, is Alauya entitled to use the title “Attorney”? Held: As regards Alauya’s use of the title of “At- torney,” this Court had already the occasion to dec-LecaL ETHICS lare that persons who pass the Shari'a Barare not full-fledged members of the Philippine Bar, hence may only practice law before Shari'a courts. While one who has been admitted to the Shari'a Bar, and one who has been admitted to the Philippine Bar, may both be considered “counsellors,” in the sense that they give counsel or advice in a professional ca- pacity, only the latter is an “attorney.” The title of “at- torney” is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only who are authorized to practice law in this jurisdic- tion. ‘Alauya says he does not wish to use the title, “counsellor” or “counsellor-at-law,” because in his re- gion, there are pejorative connotations to the term, or it is confusingly similar to that given to local legisla- tors. The ratiocination, valid or not, is of no moment. His disinclination to use the title of “counsellor” does not warrant his use of the title of attorney. In re: Garcia 2 SCRA 985 Facts: A Filipino citizen who had finished the law course in Spain and thereafter allowed to practice the profession in said country, filed a petition to prac- tice law in the Philippines without passing the re- quired bar examinations provided for in Section 1 of Rule 127 of the Rules of Court. Issue: Can Arturo E. Garcia be admitted to practice law in the Philippines without passing the ar? Held: After due considerations, the Court re- solved to deny the petition on the following grounds: (1) The provisions of the Treaty on Academic Degrees and the Exercise of Professions between the Republic of the Philippines and the Spanish State can not be invoked by applicant. Under Article 11 thereof:PRELIMINARY, “The Nationals of each of the two countries who shall have obtained recogni- tion of the validity of their academic de- grees by virtue of the stipulations of this Treaty, can practice their professions within the territory of the Other, xxx.” (Italics supplied). from which it could clearly be discerned that said ‘Treaty was intended to govern Filipino citizens desir- ing to practice their profession in Spain, and the citi- zens of Spain desiring to practice their professions in the Philippines. Applicant is a Filipino citizen desiring to practice the legal profession in the Philippines. He is therefore subject to the laws of his own country and is not entitled to the privileges extended to Span- ish nationals desiring to practice in the Philippines. (2) Article I of the Treaty, in its pertinent part, provides: “The nationals of both countries who shall have obtained degrees or diplomas to practice the liberal professions in either of the Contracting States, issued by compe- tent national authorities, shall be deemed competent to exercise said professions in the territory of the Other, subject to the laws and regulations of the latter. x x x” It is clear, therefore, that the privileges provided in the Treaty invoked by the applicant are made ex- pressly subject to the laws and regulations of the con- tracting State in whose territory it is desired to exer- cise the legal profession; and Section 1 of Rule 127, in connection with Sections 2, 9, and 16 thereof, which have the force of law, require that before any- one can practice the legal profession in the Philip- pines he must first successfully pass the required bar examinations; and (3) The aforementioned Treaty, concluded bet- ween the Republic of the Philippines and the Spanish State could not have been intended to modify the laws and regulations governing admission to the8 Lecat Ernics practice of law in the Philippines, for the reason that the Executive Department may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules for admission to the practice of law in the Philippines. xxx (See: Sec. 5, Art. VIII, 1987 Phil. Constitution for the present provision). Attorney-in-Fact. An attorney-in-fact is simply an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied (Philippine Legal Encyclopedia, p. 66). His authority is Provided in a special power of attorney or general power of attorney or letter of attorney. An attorney-in-fact is not necessarily a lawyer. A counsel de oficio need not be a lawyer. In localities where members of the bar are not available, the court may appoint any person, resident of t! repute for probity and ability, to di 7, Rule 116, Rules of Court [1985)) » a counsel de oficio is a lawyer or attorney appointed ae 7 cut to represent a Party, usually an indigent =a * i7.@ criminal case (People vs. Daban, 43 SCRA Attorney Ad Hoc. 4 Person named and appointed by id an absentee defendant in the suit in ment is made (Bi “5 & Co., 83 La Aaa Soa vs. Factor’s court to defen: which the appoint Traders InsurancePRELIMINARY 9 as his agent upon whom service of papers may be made (Reynolds vs. Reynolds, 21 Cal. 2d 580, 134 P.2d 251, 254) An attorney of record is one who has filed a notice of appearance (e.g., through a praecipe) and who hence is formally mentioned in court records as the official attorney of the party. Once an attorney becomes an attorney of record, he often cannot withdraw from the case without court permission (Black’s Law Dictionary, Sixth Edition, p. 129). De Leon vs. Court of Appeals 383 SCRA 216 Held: When a party is represented by counsel of record, service of orders and notices must be made upon said attorney and notice to the client and to any other lawyer, not the counsel of record, is not notice in law (De Leon vs. Court of Appeals, 383 SCRA 216). Of Counsel. To distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (6 Am. Jur. 264). Lead Counsel. The counsel on either side of a liti- ated action who is charged with the principal manage- ment and direction of party's case, as distinguished from his juniors or subordinates, is said to “lead in the cause,” and is termed the “leading counsel” on the side. It may also refer to the chief or primary attorney in class action or multi-district litigation (Black's Law Dictionary, Sixth Edition, p. 888) House Counsel. Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Generally, such lawyer advises business on day to day matters. Larger businesses have legal departments with attorneys assigned to special- ized areas of law affecting particular business; e.g.. labor law, taxes, personal injury litigation, corporate law. etc. (Black’s Law Dictionary, Sixth Edition, p. 740)10 Lecat ETHICS Amicus Curiae. Literally, it means, a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, osten- sibly on behalf of a party but actually to suggest a ration- ale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases (Black's Law Dictionary, Sixth Edition, p. 82). Experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the dis- position of issues submitted to it (Sec. 36, Rule 138, RRC as amended by Resolution of the Supreme Court, dated May 20, 1968). Amicus Curiae Par Excellence. Bar associations who appear in court as amici curiae or friends of the court are referred as amicus curiae Par excellence. An amicus curiae has no control over the suit and has no right to institute any Proceedings therein; the amicus curiae cannot assume functions of a party in an action or pro- ceedings pending before the court. Ordinarily, the amicus Curiae cannot file a pleading in a case. e “ Pi an amicus curiae acts merely as a consultant a a ie ry Court in a doubtful question or issue pending © amicus curiae serves without compensation. Bar As: eae sociation. An association of members of the ession like the Integrated B, i ‘ar of ines where membership is integrated or mies a Phitipne, ie aa voluntary bar associations in the Pine Lawyers Ase ippine Bar Association, The Philip- the Philippines, Vanguang ws tial Lawyers Association of ssocieud Of the Philippine Constitution." ia Bar , Philippines Association, Catholic Lawyers’ Guild of the Society of International Law. Philippine “The VPC 's Presently headeq by the autho: r.