Duties of a Lawyer

Code of Professional Responsibility

Basic Legal Ethics

 DUTIES OF A LAWYER
The Code of Professional Responsibility

Four-fold Duties of a Lawyer:

1. To the society; (Chapter 1, Canons 1-6)
2. To his colleagues ; (Chapter 2, Canons 7-9)
3. To the courts; (Chapter 3, Canons 10-13) and
4. To his clients. (Chapter 4, Canons 14-22)

Public or Private Duties

 CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.

Purpose of GMC:
1. To protect the public;
2. To protect the public image of lawyers; and
3. To protect prospective clients.
4. To protect errant lawyers from themselves.
• Moral Turpitude Barrios v. Martinez
• Moral turpitude “includes everything which
is done contrary to justice, honesty, modesty,
or good morals.” It involves “an act of
baseness, vileness, or depravity in the
private duties which a man owes his fellow
men, or to society in general, contrary to the
accepted and customary rule of right and
duty between man and woman, or conduct
contrary to justice, honesty, modesty, or
good morals.”
• Good Moral Character- Gross, Continuous Ui v. Bonifacio
• For immorality connotes conduct that shows
indifference to the moral norms of society and the
opinion of good and respectable members of the
community. Moreover, for such conduct to warrant
disciplinary action, the same must be "grossly immoral,"
that is, it must be so corrupt and false as to constitute a
criminal act or so unprincipled as to be reprehensible to
a high degree.
• If good moral character is a sine qua non for admission to
the bar, then the continued possession of good moral
character is also a requisite for retaining membership in
the legal profession. Membership in the bar may be
terminated when a lawyer ceases to have good moral
character.
• Grossly Immoral Conduct Figueroa v.
Barranco
• The Court has held that to justify suspension
or disbarment the act complained of must
not only be immoral, but grossly immoral. “A
grossly immoral act is one that is so corrupt
and false as to constitute a criminal act or so
unprincipled or disgraceful as to be
reprehensible to a high degree.” It is a willful,
flagrant, or shameless act which shows a
moral indifference to the opinion of
respectable members of the community.
• Ronquillo, et. al. vs. Cezar
• The practice of law is not a right but a
privilege. It is granted only to those of good
moral character. The Bar must maintain a
high standard of honesty and fair dealing.
Lawyers must conduct themselves beyond
reproach at all times, whether they are
dealing with their clients or the public at
large, and a violation of the high moral
standards of the legal profession justifies the
imposition of the appropriate penalty,
including suspension and disbarment.
• Non Payment of Debt Barrientos v. Libiran-
Meteoro;
• The deliberate failure to pay just debts and the
issuance of worthless checks constitute gross
misconduct, for which a lawyer may be sanctioned
with suspension from the practice of law.
• They must at all times faithfully perform their
duties to society, to the bar, the courts and to their
clients, which include prompt payment of financial
obligations. They must conduct themselves in a
manner that reflect the values and norms of the
legal profession as embodied in the Code of
Professional Responsibility.
• Non Payment of Debt Cham vs. Paita-
Moya
• Verily, lawyers must at all times faithfully
perform their duties to society, to the
bar, to the courts and to their clients. As
part of those duties, they must promptly
pay their financial obligations. Their
conduct must always reflect the values
and norms of the legal profession as
embodied in the Code of Professional
Responsibility.
• Bigamy and Concubinage Alejandeo v.
Alejandro
• No distinction has been made as to whether
the misconduct was committed in the lawyer’s
professional capacity or in his private life. This
is because a lawyer may not divide his
personality so as to be an attorney at one time
and a mere citizen at another. He is expected
to be competent, honorable and reliable at all
times since he who cannot apply and abide by
the laws in his private affairs, can hardly be
expected to do so in his professional dealings
nor lead others in doing so.
• Adulterous Relationship Guevarra v. Eala
• "Whether a lawyer's sexual congress with a
woman not his wife or without the benefit
of marriage should be characterized as
'grossly immoral conduct' depends on the
surrounding circumstances." The case at
bar involves a relationship between a
married lawyer and a married woman who
is not his wife. It is immaterial whether the
affair was carried out discreetly.
• Contracted Second Marriage with Deceit
Macarrubo v. Macarrubo
• As officers of the court, lawyers must not only
in fact be of good moral character but must also
be perceived to be of good moral character and
must lead a life in accordance with the highest
moral standards of the community. The moral
delinquency that affects the fitness of a
member of the bar to continue as such,
including that which makes a mockery of the
inviolable social institution of marriage,
outrages the generally accepted moral
standards of the community.
• Failure to Give Support Samaneigo v.
Ferrer
• Needless to state, respondent ought
always to keep in mind the
responsibilities of a father to all his
children. If there be a resultant hardship
on them because of this case, let it be
impressed on all concerned that the
direct cause thereof was his own
misconduct.
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
Acting as Counsel for an Association Created for
the Purpose of Evading the Law In Re Terrel
- Malpractice or gross misconduct in his office
warrants a lawyer’s removal or suspension
from the practice of law. Assisting a client in a
scheme which the attorney knows to be
dishonest or conniving at a violation of law are
acts which are enough to justify disbarment.
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man's cause.
• Barratry and Ambulance Chasing: PROHIBITED
- Barratry – the offense of frequently exciting and
stirring up quarrels and suits, whether at law or
otherwise.
- Ambulance Chasing – done personally or by person
under the employment of the lawyer. Act of a
lawyer who visits hospital and homes of the
afflicted, officiously intruding their presence and
persistently offering his service on the basis of a
contingent fee.
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man's cause.
• Not Act as Instigator of Controversy Castaneda v.
Ago
- It is the duty of a counsel to advise his client, ordinarily a
layman to the intricacies and vagaries of the law, on the
merit or lack of merit of his case. If he finds that his client's
cause is defenseless, then it is his bounden duty to advise
the latter to acquiesce and submit, rather than traverse the
incontrovertible. A lawyer must resist the whims and
caprices of his client, and temper his clients propensity to
litigate. A lawyer's oath to uphold the cause of justice is
superior to his duty to his client; its primacy is indisputable.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of
a fair settlement.
• Compromise
• Authority of Lawyer to Bind Client
– In any case by any agreement in relation
thereto made in writing, and in taking appeals,
and in all matters of ordinary procedure.
– Special authority is required in the compromise
of the client’s litigation, or the receipt of
anything in discharge of a client’s claim except
the full amount in cash.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
oppressed.
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent
necessary to safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
 A.M. No. 17-03-09-SC―Rule on
Community Legal Aid Service
• covered lawyers as defined herein are
obliged to render pro bono legal aid
services to those who otherwise would
be denied access to adequate legal
services.
• 120 hours of free legal aid services
• within twelve (12) months from the date
they sign the Roll of Attorneys
• Practice of Law is a Profession, Not a Money-Making
Trade
• Ledesma v. Climaco, G.R. No. L-23815, June 28, 1974
- The law is a profession, not a trade or a craft. Those
enrolled in its ranks are called upon to aid in the
performance of one of the basic purposes of the State,
the administration of justice. To avoid any frustration
thereof, especially in the case of an indigent defendant,
a lawyer may be required to act as counsel de oficio.
The fact that his services are rendered without
remuneration should not occasion a diminution in his
zeal.
• Villatuya v. Tabalingcos, AC No. 6622, (2012)
• A lawyer is not prohibited from engaging in
business or other lawful occupation. Impropriety
arises, though, when the business is of such a
nature or is conducted in such a manner as to be
inconsistent with the lawyer’s duties as a member
of the bar. This inconsistency arises when the
business is one that can readily lend itself to the
procurement of professional employment for the
lawyer; or that can be used as a cloak for indirect
solicitation on the lawyer’s behalf; or is of a nature
that, if handled by a lawyer, would be regarded as
the practice of law.
• In Re Tagorda, 53 Phil 37 (1929)
• LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
• (NOTE. — As notary public, he can execute for you a deed of
sale for the purchase of land as required by the cadastral
office; can renew lost documents of your animals; can make
your application and final requisites for your homestead; and
can execute any kind of affidavit. As a lawyer, he can help you
collect your loans although long overdue, as well as any
complaint for or against you. Come or write to him in his
town, Echague, Isabela. He offers free consultation, and is
willing to help and serve the poor.)
• Improper Solicitation
• Director of Religious Affairs v. Bayot 74 Phil 579
• Marriage license promptly secured thru our
assistance & the annoyance of delay or publicity
avoided if desired, and marriage arranged to
wishes of parties. Consultation on any matter free
for the poor. Everything confidential.
Legal assistance service
12 Escolta, Manila, Room, 105
Tel. 2-41-60.
• Ulep v. Legal Clinic, Inc. 223 SCRA 378
• Annex A
• SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
• THE Please call: 521-0767 LEGAL 5217232,
5222041 CLINIC, INC. 8:30 am— 6:00 pm 7-Flr.
Victoria Bldg., UN Ave., Mla.
• Ulep v. Legal Clinic, Inc. 223 SCRA 378
• Annex B
GUAM DIVORCE.
DON PARKINSON
• an Attorney in Guam, is giving FREE BOOKS on Guam Divorce
through The Legal Clinic beginning Monday to Friday during
office hours.
• Guam divorce. Annulment of Marriage. Immigration Problems,
Visa Ext. Quota/Non-quota Res. & Special Retiree's Visa.
Declaration of Absence. Remarriage to Filipina Fiancees.
Adoption. Investment in the Phil. US/Foreign Visa for Filipina
Spouse/Children. Call Marivic.
• THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US
Embassy CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-
0767
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed
unless the circumstances so warrant.

Schedule of Fees
• INTEGRATED BAR OF THE PHILIPPINES
• JOINT RESOLUTION No.02-2012
• A JOINT RESOLUTION ADOPTING THE
MINIMUM ATTORNEY'S FEES SCHEDULE OF
THE INTEGRATED BAR OF THE PHILIPPINES
(IBP) CEBU CITY CHAPTER AND PROVINCE
CHAPTERS
CANON 3 - A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the

use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or
unfair statement or claim regarding his
qualifications or legal services.
• Permissible Advertisement: compatible with the
dignity of the legal profession:
1. Simple signage with lawyer’s name/s, office
and residence address;
2. Advertisement in legal periodicals with brief
data;
3. Calling cards (even with formal picture);
4. Publication in reputable law list;
5. Modest announcement in newspapers on the
opening of a law firm
• Ulep v. Legal Clinic, Inc. 223 SCRA 378
• Khan, Jr. v. Simbillo, AC No. 5299, (2003)
• annulment expert at P48,000.00 within 4 to 6
months
• Solicitation of legal business is not altogether
proscribed. However, for solicitation to be
proper, it must be compatible with the legal
profession’s dignity. If made in a modest and
decorous manner, it would bring no injury to
lawyers and to the Bar.
• Linsangan v. Tolentino, AC No. 6672, (2009)
Front

NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE

Fe Marie L. Labiano
Paralegal

1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820

6th Ave., cor M.H. Del Pilar Fax: (632) 362-7821
Grace Park, Caloocan City Cel.: (0926) 2701719
Back
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
(emphasis supplied)
• Lawyers should not advertise their talents as merchants
advertise their wares as the contrary would commercialize the
legal practice, degrade the profession in the public’s estimation
and impair its ability to efficiently render that high character of
service to which every Bar member is called. Hence, lawyers are
prohibited from soliciting cases for the purpose of gain, either
personally or through paid agents or brokers.
• Dacanay v.Baker and McKenzie, 136 SCRA 349
(1985)
• The use of the firm name Baker & McKenzie
constitutes a representation that being associated
with the firm they could “render legal services of
the highest quality to multinational business
enterprises and others engaged in foreign trade
and investment” (p. 3, respondents’ memo). This is
unethical because Baker & McKenzie is not
authorized to practice law here.

• Firm Name, Branch and Main Office

• Effect of Negligence of a Member of a Firm
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The
continued use of the name of a deceased partner
is permissible provided that the firm indicates in
all its communications that said partner is
deceased.
• Abandonment of the ruling in: In the Matter of the
Petition for Authority to Continue Use of the
FirmName – Ozaeta, Romulo, de Leon, etc.
Petition for Authority to Continue Use of Firm
Name – Sycip, Salazar, Feliciano, etc. (1979)
Rule 3.03 - Where a partner accepts public
office, he shall withdrawal from the firm and
his name shall be dropped from the firm
name unless the law allows him to practice
law currently.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return
for, publicity to attract legal business.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF

LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL
TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
 MCLE
• Mandatory Continuing Legal Education
• Bar Matter No. 850, October 2, 2001.
• Members of the IBP.
• Purpose: To ensure that throughout their
career, they keep abreast with law and
jurisprudence, maintain the ethics of the
profession and enhance the standards of the
practice of law. (Rule 1)
 Requirements of completion
of MCLE : Rule 2, Sec. 2
 Members of the IBP not exempt under Rule 7 shall complete,
every three (3) years, at least thirty-six (36) hours of continuing
legal education activities approved by the MCLE Committee.
 Of the 36 hours:
◦ (a) At least six (6) hours shall be devoted to legal ethics.
◦ (b) At least (4) hours shall be devoted to trial and pretrial skills.
◦ (c) At least five (5) hours shall be devoted to alternative dispute
resolution.
◦ (d) At least nine (9) hours shall be devoted to updates on substantive
and procedural laws, and jurisprudence.
◦ (e) At least four (4) hours shall be devoted to legal writing and oral
advocacy.
◦ (f) At least two (2) hours shall be devoted to international law and
international conventions.
◦ (g) The remaining six (6) hours shall be devoted to such subjects as may
be prescribed by the MCLE Committee.
Parties exempted from the MCLE:Rule 7, Sec.1

 The following members of the Bar are exempt from the

MCLE requirement:
 (a) The President and the Vice President of the Philippines,
and the Secretaries and Undersecretaries of Executives
Departments;
 (b) Senators and Members of the House of
Representatives;
 (c) The Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
 Parties exempted from the MCLE: Rule 7, Sec. 1
• (d) The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
• (e) The Solicitor General and the Assistant Solicitor General;
• (f) The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
• (g) The Chairmen and Members of the Constitutional Commissions;
• (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the Ombudsman;
• (i) Heads of government agencies exercising quasi-judicial functions;
• (j) Incumbent deans, bar reviews and professors of law who have teaching
experience for at least 10 years accredited law schools;
• (k) The Chancellor, Vice-Chancellor and members of the Corps of
Professors and Professorial Lectures of the Philippine Judicial Academy;
and
• (l) Governors and Mayors.
Parties exempted from the MCLE:Rule 7, Sec. 2
• The following Members of the Bar are likewise exempt:
– (a) Those who are not in law practice, private or public.
– (b) Those who have retired from law practice with the
approval of the IBP Board of Governors.

• Section 3. Good cause for exemption from or modification of

requirement
• A member may file a verified request setting forth good cause
for exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law, etc.) from
compliance with or modification of any of the requirements,
including an extension of time for compliance, in accordance
with a procedure to be established by the MCLE Committee.
GENERAL COMPLIANCE PROCEDURES: Rule 11
• Section 1. Compliance card
– Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period. He
shall complete the card by attesting under oath that he has
complied with the education requirement or that he is exempt,
specifying the nature of the exemption. Such Compliance Card
must be returned to the address indicated therein not later than
the day after the end of the member's compliance period.
• Section 2. Member record keeping requirement:
– Each member shall maintain sufficient record of compliance or
exemption, copy furnished the MCLE Committee. The record
required to be provided to the members by the provider
pursuant to Section 3(c) of Rule 9 should be sufficient record of
attendance at a participatory activity. A record of non-
participatory activity shall also be maintained by the member, as
referred to in Section 3 of Rule 5.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS.
• Vitriolo v. Dasig, AC No. 4984, (2003)
• Generally speaking, lawyer who holds a government office
may not be disciplined as a Bar member for misconduct in the
discharge of his duties as a government official. However, if
said misconduct as a government official also constitutes a
violation of his oath as a lawyer, then he may be disciplined by
the Court as a Bar member. Respondent’s misconduct as a
CHED lawyer is of such a character as to affect her
qualification as a Bar member. As a lawyer, she ought to have
known that it was patently unethical and illegal for her to
demand sums of money as consideration for the approval of
applications and requests awaiting action by her office.
• Lim v. Barcelona, AC No. 5438, (2004)
• If a lawyer’s misconduct in the discharge of
official duties as a government official is of
such character as to affect his qualification as
a lawyer or shows moral delinquency, he may
be disciplined as a Bar member on such
ground. Lawyers in government service in the
discharge of their official tasks have more
restrictions than lawyers in private practice.
Want of moral integrity is to be more severely
condemned in a lawyer who holds a
responsible public office.
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause for disciplinary
action.
Rule 6.02 - A lawyer in the government service
shall not use his public position to promote
or advance his private interests, nor allow the
latter to interfere with his public duties.
• Lim-Santiago v. Sagucio, AC No. 6705, (2006)
• In order to charge respondent for representing
conflicting interests, evidence must be presented to
prove that respondent used against his former client,
any confidential information acquired through his
previous employment.
• The only established participation respondent had with
respect to the criminal complaint is that he was the
one who conducted the preliminary investigation. On
that basis alone, it does not necessarily follow that
respondent used any confidential information from his
previous employment in resolving the criminal
complaint.
• PCGG v. Sandiganbayan, 455 SCRA 526 (2005)
• The matter which will not disqualify a lawyer would be the
mere “drafting, enforcing, or interpreting government or
agency procedures, regulations or laws, or briefing abstract
principles of law.” The “matter” where Mendoza got
himself involved with was in acting as counselor of the
Central Bank; he informed them of the proper procedure
provided by law to liquidate GENBANK through the filing of
the necessary petition in the RTC of Manila. Mendoza is not
privy to the decision of the Central Bank to liquidate
GENBANK nor was he involved in the sale of GENBANK to
presently Allied Bank. Moreover, Rule 6.03 of the Code of
Professional Responsibility cannot apply to Mendoza
because his alleged intervention as Solicitor General is an
intervention on a matter different from the sequestration
of stocks as ill-gotten wealth in the Civil Case.
Rule 6.03 - A lawyer shall not, after leaving government
service, accept engagement or employment in connection
with any matter in which he had intervened while in said
service.
• Catu v. Rellosa, AC No. 5738, (2008)
• While Sec. 90 of the Local Government Code subjected
certain elective local officials to the proscription to practice
their profession, no such interdiction is made on the
punong barangay and members of the sangguniang
baragay. However, he should have procured prior
permission or authorization from the Secretary of DILG
before he entered his appearance as counsel pursuant to
Sec. 12, Rule 18 of the Revised Civil Service Rules. Non-
compliance therewith constituted a violation of his oath as
a lawyer to obey the laws.