BASIC LEGAL ETHICS – PROVISIONS (MEMORIZE)
1987 CONSTITUTION
Article VIII, Section 5 (5) The Supreme Court shall have the
following powers:
Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
Article VI, Section 14 (1st Sentence) No Senator or Member of the
House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of
his office.
Article VII, Section 13 (2nd Sentence) The President, Vice-President,
the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure,
directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office.
Article IX-A, Section 2 No Member of a Constitutional Commission
shall, during his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the active
management or control of any business which in any way be affected
by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its subdivisions, agencies,
or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
Article III Section 11 Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person
by reason of poverty.
12(1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the
presence of counsel.
14(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding
the absence of the accused provided that he has been duly notified and
his failure to appear is unjustifiable.
NEW CIVIL CODE
Article 19 Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
Article 1491(5) The following persons cannot acquire by purchase,
even at a public or judicial auction, either in person or through the
mediation of another:
Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or
territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to lawyers,
with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession;
Article 1646 The persons disqualified to buy referred to in articles
1490 and 1491, are also disqualified to become lessees of the things
mentioned therein. (n)
Article 2208 In the absence of stipulation, attorney’s fees and expenses
of litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant’s act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the
plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing
to satisfy the plaintiff’s plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers
and skilled workers;
(8) In actions for indemnity under workmen’s compensation and
employer’s liability laws;
(9) In a separate civil action to recover civil liability arising from a
crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that
attorney’s fees and expenses of litigation should be recovered.
In all cases, the attorney’s fees and expenses of litigation must be
reasonable.
RPC
Article 208 Prosecution of Offenses; Negligence and Tolerance. —
The penalty of prisión correccional in its minimum period and
suspension shall be imposed upon any public officer, or officer of the
law, who, in dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment of violators of
the law, or shall tolerate the commission of offenses.
Article 209 (relate to Canons 17 & 21, CPR) Betrayal of Trust by an
Attorney or Solicitor — Revelation of Secrets. — In addition to the
proper administrative action, the penalty of prisión correccional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both,
shall be imposed upon any attorney-at-law or solicitor (procurador
judicial) who, by any malicious breach of professional duty or
inexcusable negligence or ignorance, shall prejudice his client, or
reveal any of the secrets of the latter learned by him in his professional
capacity.
Article 171 (last par) Falsification by Public Officer, Employee or
Notary or Ecclesiastic Minister. — The penalty of prisión mayor and a
fine not to exceed 5,000 pesos shall be imposed upon any public
officer, employee, or notary who, taking advantage of his official
position, shall falsify a document by committing any of the following
acts:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
 BASIC LEGAL ETHICS – PROVISIONS (MEMORIZE)
6. Making any alteration or intercalation in a genuine document which
changes its meaning;
7. Issuing in authenticated form a document purporting to be a copy of
an original document when no such original exists, or including in such
copy a statement contrary to, or different from, that of the genuine
original; or
8. Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister
who shall commit any of the offenses enumerated in the preceding
paragraphs of this article, with respect to any record or document of
such character that its falsification may affect the civil status of
persons.
Article 172 Falsification by Private Individuals and Use of Falsified
Documents. — The penalty of prisión correccional in its medium and
maximum periods and a fine of not more than 5,000 pesos shall be
imposed upon:
1. Any private individual who shall commit any of the falsifications
enumerated in the next preceding article in any public or official
document or letter of exchange or any other kind of commercial
document; and
2. Any person who, to the damage of a third party, or with the intent to
cause such damage, shall in any private document commit any of the
acts of falsification enumerated in the next preceding article.
Any person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the intent to cause
such damage, shall use any of the false documents embraced in the next
preceding article or in any of the foregoing subdivisions of this article,
shall be punished by the penalty next lower in degree.
Article 183 False Testimony in Other Cases and Perjury in Solemn
Affirmation. — The penalty of arresto mayor in its maximum period to
prisión correccional in its minimum period shall be imposed upon any
person who, knowingly making untruthful statements and not being
included in the provisions of the next preceding articles, shall testify
under oath, or make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases in which the
law so requires.
Any person who, in case of a solemn affirmation made in lieu of an
oath, shall commit any of the falsehoods mentioned in this and the three
preceding articles of this section, shall suffer the respective penalties
provided therein.
Article 184 Offering False Testimony in Evidence. — Any person who
shall knowingly offer in evidence a false witness or testimony in any
judicial or official proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties provided in this
section.
Article 210 Direct Bribery. — Any public officer who shall agree to
perform an act constituting a crime, in connection with the performance
of his official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of
another, shall suffer the penalty of prisión correccional in its minimum
and medium periods and a fine of not less than the value of the gift and
not more than three times such value, in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been
committed.
If the gift was accepted by the officer in consideration of the execution
of an act which does not constitute a crime, and the officer executed
said act, he shall suffer the same penalty provided in the preceding
paragraph; and if said act shall not have been accomplished, the officer
shall suffer the penalties of arresto mayor in its maximum period and a
fine of not less than the value of the gift and not more than twice such
value.
If the object for which the gift was received or promised was to make
the public officer refrain from doing something which it was his official
duty to do, he shall suffer the penalties of arresto mayor in its medium
and maximum periods and a fine of not less than the value of the gift
and not more than three times such value.
In addition to the penalties provided in the preceding paragraphs, the
culprit shall suffer the penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made
applicable to assessors, arbitrators, appraisal and claim commissioners,
experts or any other persons performing public duties.
Article 211 Indirect Bribery. — The penalties of arresto mayor,
suspension in its minimum and medium periods, and public censure
shall be imposed upon any public officer who shall accept gifts offered
to him by reason of his office.
Article 212 Corruption of Public Officials. — The same penalties
imposed upon the officer corrupted, except those of disqualification
and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as described
in the preceding articles.
RA 3019, Section 3(e) Corrupt practices of public officers.—In
addition to acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices of any
public officer and are hereby declared to be unlawful:
(e) Causing any undue injury to any party, including the Government,
or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.
RA 7160, Section 90 Practice of Profession. – (a) All governors, city
and municipal mayors are prohibited from practicing their profession or
engaging in any occupation other than the exercise of their functions as
local chief executives.
(b) Sanggunian members may practice their professions, engage in any
occupation, or teach in schools except during session hours: Provided,
That sanggunian members who are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an offense
committed in relation to his office.
(3) Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; and
(4) Use property and personnel of the government except when the
sanggunian member concerned is defending the interest of the
government.
(c) Doctors of medicine may practice their profession even during
official hours of work only on occasions of emergency: Provided, that
the officials concerned do not derive monetary compensation
therefrom.
RA 6713, Section 7(b)(2) Prohibited Acts and Transactions.-In
addition to acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:
(b) Outside employment and other activities related thereto.-Public
officials and employees during their incumbency shall not:
(2) Engage in the private practice of their profession unless authorized
by the Constitution or law, provided that such practice will not conflict
or tend to conflict with their official functions
BASIC LEGAL ETHICS – PROVISIONS (MEMORIZE)