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IT IS EVERY LAWYER’S DUTY TO IMPROVE THE LEGAL SYSTEM IN THE LAWYERS MUST KEEP THEMSELVES ABREAST OF LEGAL
COUNTRY. LAWYERS CAN CONTRIBUTE TO THE ENHANCEMENT OF DEVELOPMENTS WITH THE DYNAMIC MOVEMENTS OF THE LAW AND
THE SYSTEM BY PRESENTING POSITION PAPERS OR RESOLUTION FOR JURISPRUDENCE. HE MUST BE AWARE OF THE NEWLY PROMULGATED
THE INTRODUCTION OF PERTINENT BILLS IN CONGRESS, PETITIONS LAWS AND RECENT COURT DECISIONS.
WITH THE SC FOR AMENDMENTS OF THE ROC ETC.
LAWYER’S LIFE IS A CONTINUOUS AND LABORIOUS STUDY.
LAWYERS WHO ARE MEMBERS OF CONGRESS ARE IN THE BEST
POSITION TO TAKE A CLOSE LOOK AT THE SYSTEM AND INTRODUCE The Three-fold obligation of a lawyer: AFTER ADMISSION TO THE
BILLS FOR ITS DEVELOPMENT. PRACTICE
1. He owes it to himself to continue improving his knowledge of the
LAWYERS ARE FOREFRONT OF THIS ENDEAVOR AS THEY ARE BEST laws;
TRAINED AND LEARNED IN THE LAW. UPBUILDING OF THE 2. He owes it to his profession to take an active interest in the
PROFESSION TO WHICH ONE BELONGS. maintenance of high standards of legal education;
3. He owes it to the lay public to make the law a part of their social
consciousness.
Parties exempted from the MCLE. -- The following members of the CANON 6 — These canons shall apply to lawyers in government
Bar are exempt from the MCLE requirement: services in the discharge of their official tasks.
a. The President and the Vice President of the Philippines, and the
Secretaries and Undersecretaries of Executive Departments; Who are public officials?
b. Senators and Members of the House of Representatives; Public officials include elective and appointive officials and
c. The Chief Justice and Associate Justices of the Supreme Court, employees, permanent or temporary, whether in the career or non-
incumbent and retired members of the judiciary, incumbent career service, including military and police personnel, whether or not
members of the Judicial and Bar Council and incumbent court they receive compensation, regardless of amount. (Section 3 [b] , R.A.
lawyers covered by the Philippine Judicial Academy program of No. 6713)
continuing judicial education;
d. The Chief State Counsel, Chief State Prosecutor and Assistant R.A. No. 6713. "The Code of Conduct and Ethical Standards for
Secretaries of the Department of Justice; Public Officials and Employees"
e. The Solicitor General and the Assistant Solicitors General;
f. The Government Corporate Counsel, Deputy and Assistant Required conduct to be observed by every public official in the
Government Corporate Counsel; discharge and execution of their official duties (RA 6713):
g. The Chairmen and Members of the Constitutional Commissions; 1. commitment to public interest;
h. The Ombudsman, the Overall Deputy Ombudsman, the Deputy 2. professionalism;
Ombudsman and the Special Prosecutor of the Office of the 3. justness and sincerity;
Ombudsman; 4. political neutrality;
i. Heads of government agencies exercising quasi-judicial functions; 5. responsiveness to the public;
j. Incumbent deans, bar reviewers and professors of law who have 6. nationalism and patriotism;
teaching experience for at least ten (10) years in accredited law 7. commitment to democracy;
schools; 8. simple living. (Section 4, R.A. No. 6713)
THE PRIMARY DUTY OF A PROSECUTOR IS TO SEEK FOR EQUAL AND
CANONS OF CPR ARE NOT INTENDED FOR PRIVATE PRACTITIONERS IMPARTIAL JUSTICE. HE MUST SEE TO IT THAT NO INNOCENT MAN
ALONE. THEY SHALL GOVERN EVERY CONDUCT OF ALL LAWYERS SUFFERS AND GUILTY MAN ESCAPES.
INCLUDING THOSE IN THE SERVICE OF THE GOVERNMENT.
THE INTEREST OF THE PROSECUTOR IS NOT TO WIN A CASE BUT TO
A LAWYER DOES NOT SHED HIS PROFESSIONAL OBLIGATION UPON SEE THAT JUSTICE IS DONE. HE SHOULD PRESENT EVIDENCE IN THEIR
ASSUMING PUBLIC OFFICE. TRUE, AND PROPER SIGNIFICANCE. HE SHOULD ASSURE THAT THE
ACCUSED IS GIVEN A FAIR AND IMPARTIAL TRIAL AND DEPRIVED OF
JUDGES ARE GOVERNED BY CODE OF JUDICIAL CONDUCT. ANY OF HIS STATUTORY OF CONSTITUTIONAL GUARANTEED RIGHTS.
INCUMBENT JUDGE MAY BE SUSPENDED OR REMOVED BY THE SC ON
THE GROUNDS OTHER THAN THOSE IN RULE 138, SEC. 27. THEY ARE HE SHOULD NOT PRESENT PROOFS OF THE GUILT OF THE ACCUSED
MAINLY GOVERNED BY RULE 140 RROC, CONSTITUTION, SPECIAL WHICH IS ILLEGALLY SEIZED OR ACQUIRED AS SUCH THOSE
LAWS, OTHER RULES FROM SC. PROHIBITED UNDER THE BOR, OR EVIDENCE OBTAINED BY MEANS OF
TORTURE, THREAT, INTIMIDATION, AND OTHER MEANS WHICH
ALL PUBLIC OFFICIALS AND EMPLOYEES, LAWYERS OR NON-LAWYERS VITIATE HIS FREE WILL, INCLUDING CONFESSIONS AND ADMISSIONS.
ARE GOVERNED BY RA 6713. PUBLIC OFFICIALS REFERS BOTH
ELECTIVE AND APPOINTIVE OFFICIALS AND EMPLOYEES. Mandate of public prosecutor
MUST PRESENT PERTINENT FACTS WITH METHODOLOGICAL AND
LAWYERS IN THE GOVERNMENT ARE PROHIBITED TO ENGAGE IN METICULOUS ATTENTION, CLARIFYING CONTRADICTIONS AND
PRIVATE PRACTICE OF THEIR PROFESSION UNLESS AUTHORIZED BY FILLING UP GAPS AND LOOPHOLES IN THEIR EVIDENCE SO THAT THE
THE CONSTITUTION OR LAW AND SUCH THIS PRACTICE WILL NOT COURT’S MIND MAY NOT BE TORTURED BY DOUBTS.
CONFLICT OR TEND TO CONFLICT WITH THEIR PUBLIC FUNCTION.
PROHIBITION WILL CONTINUE FOR ONE YEAR AFTER SEPARATION Rule 6.02 — A lawyer in the government service shall not use his
FROM PUBLIC OFFICE. public position to promote or advance his private interests, nor
allow the latter to interfere with his public duties.
MISCONDUCT IN OFFICE AS PUBLIC OFFICIAL MAY BE GROUND FOR
DISCIPLINARY ACTION IF SUCH CHARACTER AFFECTS HIS NOT TO USE PUBLIC POSITION FOR PERSONAL INTEREST
QUALIFICATION AS A LAWYER, HE MAY BE DISCIPLINED AS A MEMBER
OF THE BAR. THE CODE IS EQUALLY APPLICABLE TO LAWYERS IN THE
GOVERNMENT SERVICE. THEY MUST UPHOLD THE PUBLIC INTEREST
Rule 6.01 — The primary duty of a lawyer engaged in public OVER AND ABOVE PRIVATE INTEREST; THEY MUST DISCHARGE THEIR
prosecution is not to convict but to see that justice is done. The DUTIES WITH THE HIGHEST DEGREE OF EXCELLENCE,
suppression of facts or the concealment of witnesses capable of PROFESSIONALISM, INTELLIGENCE AND SKILL.
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
HE SHOULD NOT USE HIS PUBLIC POSITION TO ENHANCE HIS PRIVATE
PRACTICE OF LAW OR A PRIVATE BUSINESS. CANON 7 – A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the
PROHIBITIONS: integrated bar.
1. ENGAGE IN PRIVATE PRACTICE
ONCE YOU PASS THE BAR, YOU ARE PART OF THE IBP
Rule 6.03 — A lawyer shall not, after leaving government service, REMAIN ROYAL, COMMITTED TO IBP AND TO ITS ACTIVITIES
accept engagement or employment in connection with any matter in
which he had intervened while in said service. PAYMENT OF DUES (NOT ENOUGH)
PARTICIPATE IN THE ACTIVITIES OF IBP – YOU WILL CHOOSE A
1. retirement CHAPTER
2. resignation
3. expiration of the term of office Rule 7.01 – A lawyer shall be answerable for knowingly making a
4. dismissal false statement or suppressing a material fact in connection with his
5. abandonment application for admission to the bar.
SHALL AID IN GUARDING THE BAR AGAINST ADMISSION TO THE Rule 8.02 – A lawyer shall not, directly or indirectly, encroach upon
PROFESSION OF CANDIDATES UNFIT OR UNQUALIFIED FOR BEING the professional employment of another lawyer, without fear or
DEFICIENT IN EITHER MORAL CHARACTER OR EDUCATION. favor, to give proper advice and assistance to those seeking relief
against unfaithful and neglectful counsel.
A LAWYER SHALL NOT MAKE NO RECOMMENDATION OR
ENDORSEMENT OF ANY APPLICANT FOR ADMISSION TO THE BAR IF
HE KNOWS THAT THE APPLICANT IS NOT QUALIFIED. TO BECOME A
MEMBER OF THE BAR. IT MUST BE SOLELY BASED ON FITNESS BOTH
INTELLECTUAL AND MORAL; THAT IT POSSESSES DEGREE OF
LEARNING AND PROFICIENCY IN LAW.
A lawyer must at all times conduct himself properly as not to put into
question his fitness to practice law. It is essential that a lawyer
possesses the GMC he had upon entrance in the practice of law. He
must maintain moral fitness required of him when he applied for the
admission to the bar. This conduct of nobility and uprightness should
stay with him whether in his public or private life.
Lawyers are officers of the court. They all belong to the legal
profession which is exclusive to those privileged to practice law. To
maintain the dignity of the legal profession, they must conduct
themselves honorably, fairly and candidly toward each other. Section 3(d) R.A. No. 3019 as amended and Section 7(b) R.A. No. 6713
Included restriction is representing conflicting interest. (e.g.,
Section 3. Corrupt practice of public officers. In addition to acts or Accepting engagements v. Former employer, PNB)
omission of public officers already penalized by existing law, the
following shall constitute corrupt practice of any public officer and The OSG is not authorized to represent a public official at any state of
are hereby declared to be unlawful: a criminal case.
(d) accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him See case of Jovito Olazo v. Justice Dante Tinga, A.M. No. 10-5- 7-SC,
during the pendency thereof or within one year after termination. December 7, 2010.
Section 7(b) of R.A. No. 6713 prohibits officials from doing any of the Generally, a lawyer who holds a government office may not be
following acts: disciplined as a member of the Bar for misconduct in the discharge of
his duties as a government official. He may be disciplined by the Court
own, control, manage or accept employment as officer, employee, or as a member of the Bar only when his misconduct also constitutes
consultant, counsel, broker, agent, trustee or nominee in any private a violation of his oath as a lawyer.
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law. General Rule: Only those who are licensed to practice law can appear
and handle cases in court.
These prohibitions shall continue to apply for a period of one (1) year
after resignation, retirement, or separation from public office, except Non-lawyers who may be authorized to appear in court:
in the case of subparagraph (b); (2) above, but the professional 1. Cases before the MTC: Party to the litigation, in person OR
concerned cannot practice his profession in connection with any through an agent or friend or appointed by him for that purpose.
matter before the office he used to be with, in which case the one- (Section 34, Rule 138, RRC)
year prohibition shall likewise apply. 2. Before any other court: Party to the litigation, in person. (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed
Lawyers in the government service are prohibited to engage in the member of the Bar is not available: the judge may appoint a non-
private practice of their profession unless authorized by the lawyer who is: —
constitution or law, provided that such practice will not conflict or a. resident of the province;
tend to conflict with their official functions. b. of good repute for probity and ability to aid the accused in
his defense. (Rule 116, Section 7, RRC)
Misconduct in office as a public official may be a ground for 4. Legal Aid Program — A senior law student, who is enrolled in a
disciplinary action (if of such character as to affect his qualification as recognized law school's clinical education program approved by
lawyer or to show moral delinquency). the Supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the Legal
Should recommend the acquittal of the accused whose conviction is Clinic of the law school. The student shall be under the direct
on appeal, IF he finds no legal basis to sustain the conviction. supervision and control of an IBP member duly accredited by the
law school.
5. Under the Labor Code, non-lawyers may appear before the NLRC
or any Labor Arbiter, Public Officials with Restrictions in the Practice of Law:
a. if they represent themselves, or if No Senator as member of the House of Representative may
b. they represent their organization or members thereof. personally appear as counsel before any court of justice as before
(Article 222, P.D. No. 442, as amended) the Electoral Tribunals, as quasi-judicial and other administration
6. Under the Cadastral Act, a non-lawyer can represent a claimant bodies. (Article VI, Section 14, 1987 Constitution)
before the Cadastral Court. (Act No. 2259, Section 9) Under R.A. No. 910, Section 1, as amended, a retired justice or
7. Any official or other person appointed to appear for the judge receiving pension from the government, cannot act as
Government of the Philippines in accordance with law shall have counsel in any civil case in which the Government, or any of its
all the rights of a duly authorized member of the bar in any case in subdivision or agencies is the adverse party or in a criminal case
which said government has an interest [Sec. 33, Rule 138]. – from wherein an officer or employee of the Government is accused of
Agpalo an offense in relation to his office.
Three Limitations in the appearance of a layman on behalf of Section 90 Practice of Profession (R.A. No. 7160, LGC).
another: a. All governors, city and municipal mayors are prohibited from
1. Layman should confine his work to non-adversary contentions. practicing their profession or engaging in any occupation other
Should not undertake purely legal work such as examination than the exercise of their functions as local chief executives.
of witnesses or presentation of evidence. b. Sanggunian members may practice their professions, engage in
2. Services should not be habitually rendered. any occupation, or teach in schools except during session hours:
2. Should not charge or collect attorneys’ fees. Provided that sanggunian members who are also members of the
Bar shall not:
Public Officials who cannot engage in the private practice of Law in
the Philippines: 1) appear as counsel before any court in any civil case
1. Judges and other officials as employees of the Supreme Court wherein a local government unit or any office, agency, or
(Rule 148, Section 35, RRC) instrumentality of the government is the adverse party;
2. Officials and employees of the OSG. (Ibid.) 2) appear as counsel in any criminal case wherein an officer
3. Government prosecutors. (People v. Villanueva, 14 SCRA 109) or employee of the national or local government is
4. President, Vice-President, members of the cabinet, their deputies accused of an offense committed in relation to his office;
and assistants. (Section 15, Article VIII, 1987 Constitution) 3) collect any fee for their appearance in administrative
5. Members of the Constitutional Commission. (Section 2, Article IX- proceedings involving the local government unit of which
A, 1987 Constitution) he is an official;
6. Ombudsman and his deputies. (Article IX, Section 8 [2nd par.], 4) use property and personnel of the government except
1987 Constitution) when the Sanggunian member concerned is defending the
7. All governors, city and municipal mayors. (R.A. No. 7160, Section interest of the government.
90)
8. Those prohibited by special law.