Quiz I - Legal and Judicial Ethics

1. What is the importance of legal ethics?

Legal ethics guides the members of the bar on how they should practice their
profession. It safeguards the profession against malpractice, abuse and misuse of the
profession, such as but not limited to dishonesty, deceit, immorality, negligence.
Legal ethics also uplifts the “standards of the profession, 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 government. It also provides the basis for weeding out the unfit and
the misfits in the legal profession for the protection of the public.” (Pineda, Legal and
Judicial Ethics, 1994 Ed., pp 1 & 2)

2. From what jurisdiction was the system of legal ethics in the Philippines derived?
Sources of Legal Ethics:
1. The 1987 Constitution.
2. Applicable Jurisprudence.
3. Code of Professional Responsibility.
4. New Civil Code.
5. Rules of Court.
6. Revised Penal Code.
7. Local Government Code.

3. A law was passed in Congress which empowered and mandated the Professional
Regulation Commission (PRC) to regulate the practice of law in the Philippines. Was
the law valid?
No, it is the Supreme Court who has the power to control and regulate the practice of
law as provided in the Constitution.

4. Attorney Matanda is a 75 - year old lawyer from Pamplona, Cagayan. For the past
5 years, he has solely devoted his time to notarial practice (which includes, but not
limited to, preparing affidavits of loss, deeds of sales and special powers of attorney.
When he applied for the renewal of his notarial commission, the court asked for his
Mandatory Continuing Legal Certificate (MCLE). Atty. Matanda said that he is not
required to comply with MCLE because he is not engaged in the practice of law as he
does not represent clients in courts anymore. Is Atty. Matanda correct? Explain
Atty. Matanda is correct. Those who are not in law practice, whether private or public,
are exempted from the MCLE.

5. Why is practice of law a profession and not a trade?

The practice of law is a profession because it is a duty of public service and not of
business.
● It is a relation, as an “officer of the court”, to the administration of justice
involving thorough sincerity, integrity, and reliability - traits that in trading may
or may not exist.
● It is a relation to clients with the highest degree of fiduciary, one thing that
trade is not allowed nor entitled to offer.
● It is a relation to the colleagues at the bar characterised by candor, fairness
and unwillingness to resort to current business methods of advertising and
 encroachment on their practice, or dealing directly with their clients; whereas
in trade, this may or may not be the case as they may use bargain counter
methods to reap large profits.

6. Why is an attorney considered an officer of the court?

An attorney is considered an officer of the court for he is expected to administer
Justice involving thorough sincerity, integrity and reliability.

7. May a partnership engage in the practice of law?

NO. ONLY REAL PERSONS MAY ENGAGE IN THE PRACTICE OF LAW.

Yes. As long as the partners are members of the legal profession duly authorized to
practice, and amenable to professional discipline.

8. What are the main duties of a lawyer? Which of these is the most important to
you? Why?
It is the duty of an attorney:
1. To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
2. To observe and maintain the respect due to the courts of justice and judicial
officers;
3. 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;
4. 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;
5. 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;
6. 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;
7. 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;
8. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
9. 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.

The most important to me is the very first duty, i.e., “To maintain allegiance to
the Republic of the Philippines and to support the Constitution and obey the
laws of the Philippines” because this is the main guide in every citizen’s duty
to its country and its countrymen. If you use this as your guide in performing
 your duty as lawyer, you will never go wrong, it being the most basic among all
the duties of a lawyer.

9. What are the importance of right to counsel?

● Employment of a person acquainted with the rules becomes a necessity both to the
litigant and to the court.
● Litigant is not ordinarily versed in the law and its intricacies.
● A court can adjudicate only in accordance with the law and the facts presented
pursuant to well-established rules of procedure and evidence.
● A person unlearned in the law can neither aid litigants nor the court in that regard.
● Only a lawyer can properly and effectively extend such assistance.
● The law profession came into being as a result of that procedural development of the
court, which created the necessity for the attorney and made him an essential part of
the judicial machinery.
● The right of a litigant to counsel is a recognition of the necessity that a litigant appear
by counsel.
● There can be no fair hearing unless a litigant is represented by counsel.
● A court cannot compel a litigant to prosecute or defend his cause personally if he
chose to appear by counsel, nor can it assign a counsel de oficio for an accused and
require said counsel to proceed with the trial when the accused has previously
manifested his desire to secure the services of a counsel de parte.
● SC subjects the lawyer to disciplinary action and administrative liability for his failure
to properly attend to the interest of his client.

10. What is the Code that establishes the norms of conduct and ethical standards of
lawyers? When was this promulgated?
Code of Professional Responsibility promulgated in 1988