Lecture in Legal and Judicial Ethics via Google Hangouts.

Dated: May 2, 2020

Under Judge Bellosillo.

Coverage of the Examinations will be from Canon 1-22 of legal ethics, Canon
1-6 of Judicial Ethics, Revised Student Practice Rule, Notarial Practice,
MCLE, and all topics stated in the syllabus.

Filing a disbarment case is imprescriptible unlike other cases such as

criminal cases which provides for prescription period to file it in court.
Section 27 of Rule 138 (Attorneys and admission to the bar).
Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and
judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to
him to be just, and such defenses only as he believes to be honestly
debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt motive or
interest;
(h) Never to reject, for any consideration personal to himself, the cause of
the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the end that no person may
be deprived of life or liberty, but by due process of law.
Note: Please memorize at least 4 duties of a lawyer in the aforementioned
rule.

FOUR-FOLD DUTIES OF A LAWYER

Court- respect or defend against criticisms, uphold authority and dignity,
obey order and processes, assist in the administration of justice.
Bar- candor, fairness, courtesy and truthfulness, avoid encroachment in the
business of other lawyers, uphold the honor of the profession.
Client- entire devotion to client’s interest.
Public- should not violate his responsibility to society, exemplar for
uprighteousness, ready to render legal aid, foster social reforms, guardian of
due process, aware of special role in the solution of special problems and be
always ready to lend assistance in the study and solution of social problems.

Rule 138 Section 2. Requirements for all applicants for admission to the bar.
— Every applicant for admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age, of good moral
character, and resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral character, and that
no charges against him, involving moral turpitude, have been filed or
are pending in any court in the Philippines.
Rule 138 Section 27. Attorneys removed or suspended by Supreme Court
on what grounds. — A member of the bar may be removed or suspended
from his office as attorney by the Supreme Court for any deceit, malpractice,
or other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any
violation of the oath which he is required to take before the admission to
practice, or for a wilfull disobedience of any lawful order of a superior court,
or for corruptly or willful appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents or brokers,
constitutes malpractice.
Disbarment is RESTORATIVE and NOT RETRIBUTIVE JUSTICE.
Definitions of Terms Commonly used in Legal Ethics
BAR  V.  BENCH
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law – any activity, in or out of court which requires the
application of law, legal procedure, knowledge, training and experience. To
engage in the practice of law is to give notice or render any kind of service,
which or devise or service requires the use in any degree of legal knowledge
or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are licensed 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 v. Cui, 120 Phil. 729).
Attorney in fact – 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.  He is not necessarily a lawyer.
Counsel de Oficio – a counsel, appointed or assigned by the court, from
among members of the Bar in good standing who, by reason of their
experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may
appoint any person, resident of the province and good repute for probity and
ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
Esquire - In the United States, is mostly used to denote a lawyer in a
departure from traditional use and is irrespective of gender. In letters, a
lawyer is customarily addressed by adding
the suffix Esquire (abbreviated Esq.), preceded by a comma, after the
lawyer's full name.
Attorney ad hoc – a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made (Bienvenu
v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record – one who has filed a notice of appearance and who
hence is formally mentioned in court records as the official attorney of the
party. Person whom the client has named as his agent upon whom service of
papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of record, associate
attorneys are referred to as “of counsel” (5 Am. Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is
charged with the principal management and direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried
as an employee of that business and not as an independent lawyer.
Bar Association – an association of members of the legal profession.
Advocate – The general and popular name for a lawyer who pleads on
behalf of someone else.
Barrister  (England) – a person entitled to practice law as an advocate or
counsel in superior court.
Proctor (England) – Formerly, an attorney in the admiralty and
ecclesiastical courts whose duties and business correspond to those of an
attorney at law or solicitor in Chancery.
Titulo de Abogado –  it means not mere possession of the academic degree
of Bachelor of Laws but membership in the Bar after due admission thereto,
qualifying one for the practice of law.
Original Bases of Legal Ethics:
Canons of Professional Ethics
Supreme court Decisions
Statistics
Constitution
Treatises and publications
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of
law. Thus, the Constitution, under  Article  VIII, Sec. 5 (5) provides:
                        Sec. 5. The Supreme Court shall have the following powers:
(5) 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 under privileged.
The Supreme Court acts through a Bar Examination Committee in the
Exercise of his judicial function to admit candidates to the legal profession.

The Bar Examination Committee:

Composed of (1) member of the Supreme Court who acts as Chairman and
eight (8) members of the bar.
The 8 members act as examiners for the 8 bar subjects with one subject
assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the
Bar Chairman on the other hand, and the individual members of the
committee on the other.  He is at the same time a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.

Practice of Law
The practice of law is a privilege granted only to those who possess the
STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers
who are instruments in the effective and efficient administration of justice.
(In Re: Argosino, 1997).

Requirement of Good Moral Character: a continuing requirement; good

moral character is not only a condition precedent for admission to the legal
profession, but it must also remain intact in order to maintain one’s good
standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar,
1998)

Academic Requirements for Candidates:

a bachelor’s degree in arts and sciences (pre-law course)
a completed course in:
civil law
commercial law
remedial law
public international law
private international law
political law
labor and social legislation
taxation
legal ethics
Non-lawyers who may be authorized to appear in court:
Cases before the MTC:  Party to the litigation,  in person OR through an
agent or friend or appointed by him for that purpose (Sec. 34, Rule 138,
RRC)
Before any other court: Party to the litigation, in person (Ibid.)
Criminal case before the MTC in a locality where a duly licensed member of
the Bar is not available: the judge may appoint a non-lawyer who is:
resident of the province
of good repute for probity and ability to aid the accused in his defense (Rule
116, Sec. 7, RRC).
Legal Aid Program – A senior law student, who is enrolled in a recognized
law school’s clinical education program approved by the supreme Court may
appear before any court without compensation, to represent indigent clients,
accepted by the Legal Clinic of the law school.  The student shall be under
the direct supervision and control of an IBP member duly accredited by the
law school.
Under the Labor code, non-lawyers may appear before the NLRC or any
Labor Arbiter, if
they represent themselves, or if
they  represent their organization or members thereof (Art 222, PO 442, as
amended).
Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court (Act no. 2259, Sec. 9).

Public Officials who cannot engage in the private practice of Law in the
Philippines:
Judges and other officials as employees of the Supreme Court (Rule 148,
Sec. 35, RRC).
Officials and employees of the OSG (Ibid.)
Government prosecutors (People v. Villanueva, 14 SCRA 109).
President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987 Constitution).
Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution)
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1.      No Senator as member of the House of Representative may
personally appear as counsel before any court of justice as before the
Electoral Tribunals, as quasi-judicial and other administration bodies (Art.
VI, Sec. 14, 1987 Constitution).
Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members
may practice their professions provided that if they are members of the Bar,
they shall not:
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;
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;
collect any fee for their appearance in administrative proceedings involving
the local government unit of which he is an official;
use property and personnel of the government except when the Sanggunian
member concerned is defending the interest of the government.
Under RA 910, Sec. 1, as amended, a retired justice or judge receiving
pension from the government, cannot act as counsel in any civil case in
which the Government, or any of its subdivision or agencies is the adverse
party or in a criminal case wherein an officer or employee of the Government
is accused of an offense in relation to his office.

Attorney’s Oath:
            “I, __________________, do solemnly swear that I will
maintain allegiance to the Republic of the Philippines; I will support its
constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing
of any in court; I will not willingly nor wittingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the same; I will
delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fidelity as
well to the court as to my clients; and I impose upon myself this voluntary
obligations without any mental reservation or purpose of evasion. So help me
God.” (Form 28, RRC)
Nature of Lawyer’s Oath
The lawyer’s oath is not mere facile words, drift and hollow, but a sacred
trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer
should at all times weigh his actions according to the sworn promises he
made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M.
Cuevas, 1998).

CANON 7. THE LAWYER AND THE LEGAL PROFESSION

CANON 7: UPHOLD THE INTEGRITY AND DIGNITY OF THE PROFESSION
AND SUPPORT THE ACTIVITIES OF THE IBP
A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact, in connection with his application for admission
to the bar. (Rule 7.01)
A lawyer shall not, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. (Rule 7.03)

 CASE: Counsel’s act of filing multiple complaints against herein

complainant’s reflects on his fitness to be a member of the legal profession.
His act evinces vindictiveness, a decidedly undesirable trait whether in a
lawyer or another individual, as complainants were instrumental in
respondent’s dismissal from the judiciary. (Saburnido vs. Madrono, 366
SCRA 1, September 26,
2001)

CANON 8: COURTESY, FAIRNESS AND CANDOR TOWARD HIS

COLLEAGUES AND AVOID HARASSING TACTICS
A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper. (Rule 8.01)
 CASE: Although aware that the plaintiff students were represented by
counsel, respondent attorney, counsel for the defendants proceeded,
nonetheless, to negotiate with them and their parents without at the very
least communicating the matter to their lawyer. This failure of respondent is
an inexcusable violation of the canons of professional ethics and in utter
disregard of a duty owing to a colleague. (Camacho vs. Pangulayan, 328
SCRA 631,
March 22, 2000)
CANON 9: PREVENTING UNAUTHORIZED PRACTICE OF LAW
Public policy requires that the practice of law be limited to those individuals
found duly qualified in education and character.
Purpose: To protect the public, the court, the client and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the court.
A lawyer is prohibited from allowing an intermediary to intervene in the
performance of his professional obligation.
A lawyer cannot delegate to any unqualified person the performance of any
task which by law may only be performed by a member of the Bar in good
standing.
A lawyer cannot divide or stipulate a fee for legal services with a person not
licensed to practice law.

Exceptions:
Where there is a pre- existing agreement with a partner or associate that,
upon the latter’s death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement;
Where a lawyer undertakes to complete unfinished legal business of a
deceased lawyer;
Where a lawyer or law firm includes non-lawyer employees in a retirement
plan, even if the plan is based in whole or in part on a profit-sharing
arrangement.

LAWYER’S DUTIES TO COURTS

CANON 10: CANDOR, FAIRNESS AND GOOD FAITH TO COURTS
A lawyer shall NOT do any falsehood, nor consent to the doing of any in
court; nor shall be misled, or allow the court to be misled by any artifice.
(Rule 10.01)

REQUIREMENTS OF CANDOR:
A lawyer shall not suppress material and vital facts which bear on the merit
or lack of merit of complaint or petition;
A lawyer shall volunteer to the court any development of the case which has
rendered the issue raised moot and academic;
Disclose to court any decision adverse to his position of which opposing
counsel is apparently ignorant and which court should consider in deciding
a case;
He shall not represent himself as lawyer for a client, appear for client
in court and present pleadings, only to claim later that he was not
authorized to do so.
Note: A lawyer is not an umpire but an advocate. He is not obliged to refrain
from making every proper argument in support of any legal point because he
is not convinced of its inherent soundness. Neither is he obliged to suggest
arguments against his position.

A lawyer shall NOT knowingly misquote or misrepresent the contents of a

paper, the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as a law a provision already
rendered inoperative by repeal
or amendment, or assert as a fact that which has not been proved. (Rule
10.02)
A lawyer shall observe the rules of procedure and shall NOT misuse them to
defeat the ends of justice. (Rule 10.03)

CANON 11: OBSERVANCE OF RESPECT DUE THE COURTS

A lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct by others.
A lawyer should show respect due the court and judicial officer by appearing
during the trial of a case punctually and in proper attire.
A lawyer’s language should be forceful but dignified, emphatic but respectful
as befitting an advocate and in keeping with the dignity of the legal
profession.

RIGHT AND DUTY OF LAWYER TO CRITICIZE COURTS

The fact that a person is a lawyer does not deprive him of the right, enjoyed
by every citizen, to comment on and criticize the actuations of a judge.
However, what he can ordinarily say against a concluded litigation and the
manner the judge handed down the decision therein may NOT generally be
said to a pending action. The court, in a pending litigation, must be shielded
from embarrassment or influence in its all important duty of deciding the
case. On the other hand, once a litigation is concluded the judge who
decided it is subject to the same criticism as any other public official
because then his ruling becomes public property and is thrown open to
public consumption.
But it is the cardinal condition of all such criticism that it shall be bona fide,
and shall not spill over the walls of decency and propriety.

CANON 12: ASSISTING IN SPEEDY AND EFFICIENT ADMINISTRATION

OF JUSTICE
A lawyer shall NOT appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and
the order of its presentation. He should also be ready with the original
documents for comparison with the
copies. [Rule 12.01 Code of Professional Responsibility]

A lawyer shall NOT unduly delay a case, impede the execution of judgment
or misuse court processes. [Rule 12.04, Code of Professional Responsibility]

 CASE: The Court further commented that it is understandable for a

party in the situation to make full use of every conceivable legal defense the
law allows it. In the appraisal, however, of such attempts to evade liability to
which a party should respond, it must ever be kept in mind that procedural
rules are intended as an aid to justice, not as means for its frustration.
Technicalities should give way to the realities of the situation. (Economic
Insurance Co., Inc. vs. Uy Realty Co.)

The duty of a lawyer to assist in the speedy and efficient administration of

justice includes the duty to refrain from talking to his witness during a
break or recess in the trial while the witness is still under examination.

FORUM SHOPPING - the act of filing repetitious suits in different courts. It

is committed through the following:
Going from one court to another in the hope of securing a favorable relief in
one court, which another court has denied.
Filing repetitious suits or proceedings in different courts concerning the
same subject matter after one court has decided the suit with finality.
Filing a similar case in a judicial court after receiving an unfavorable
judgment from an administrative tribunal.

Forum shopping is prohibited by Supreme Court Circular No. 28-91, and

the corresponding penalties for violation thereof are as follows:
Any violation of this circular shall be a cause for the summary dismissal of
the multiple petition or complaint;
Any willful and deliberate forum shopping by any party and his lawyer with
the filing of multiple petitions or complaints to ensure favorable action shall
constitute direct contempt of court;
The submission of a fake certification under par. 2 of the Circular
shall likewise constitute contempt of court, without
prejudice to the filing of a criminal action against the guilty party. The
lawyer may also be subjected to disciplinary proceedings.

CANON 13: AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE

COURT
A lawyer shall rely upon the merits of his cause and refrain from any
impropriety which tends to influence, or gives the appearance of influencing
the court.
A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with judges [Rule 13.01, Code of
Professional Responsibility]
A lawyer shall not make public statements in the media regarding a pending
case tending to arouse public opinion for or against a party. [Rule 13.02,
Code of Professional Responsibility]
A lawyer shall not brook nor invite interference by another branch or agency
of the government in the normal course of judicial proceedings. [Rule 13.03
Code of Professional Responsibility]
ATTORNEY-CLIENT RELATIONSHIP
NATURE OF RELATION
strictly personal;
highly confidential and fiduciary

GENERAL RULES PROTECTING ATTORNEY-CLIENT RELATIONSHIPS

Best efforts must be exerted by the attorney to protect his client’s interest;
The attorney must promptly account for any fund or property entrusted by
or received for his client;
An attorney cannot purchase his client’s property or interest in litigation;
The privacy of communications shall at all times be upheld;
An attorney cannot represent a party whose interest is adverse to that of his
client even after the termination of the relation.
CREATION OF RELATION: FORMS OF EMPLOYMENT AS COUNSEL TO A
CLIENT
Oral – when the counsel is employed
without a written agreement, but the conditions and amount of attorney’s
fees are agreed upon.
Express  when the terms and conditions including the amount of fees, are
explicitly stipulated in a written document which may be a private or public
document. Written contract of attorney’s fees is the law between the lawyer
and the client.
Implied – when there is no agreement, whether oral or written, but the
client allowed the lawyer to render legal services not intended to be
gratuitous without objection, and the client is benefited by reason thereof.

Note: While a written agreement for professional services is the best

evidence to show the relation, formality is not an essential element of the
employment of an attorney. The absence of a written contract will not
preclude a finding that there is a professional relationship. Documentary
formalism is not an essential element in the employment of an attorney; the
contract may be express or implied.

ADVANTAGES OF A WRITTEN CONTRACT BETWEEN THE LAWYER AND

THE CLIENT:
It is conclusive as to the amount of compensation.
In case of unjustified dismissal of an attorney, he shall be entitled to recover
from the client full compensation stipulated in the contract [RA 636].