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CANON 3 — A lawyer in making known his legal services shall use Rule 3.

le 3.02 — In the choice of a firm name, no false, misleading or


only true, honest, fair, dignified and objective information or assumed name shall be used. The continued use of the name of a
statement of facts. deceased partner is permissible provided that the firm indicates in
all its communications that said partner is deceased.
IT IS NOT UNETHICAL FOR A LAWYER TO MAKE HIS LEGAL SERVICES
KNOWN. BUT HE MUST DO SO ONLY BY USING TRUE, HONEST, FAIR, NO FALSE NAME OR MISLEADING OR ASSUMED NAME SHALL BE
DIGNIFIED AND OBJECTIVE INFORMATION. HE MUST NOT RESORT TO USED IN THE FIRM NAME. IN THE CASE OF IN RE SYCIP, THE USE OF
FALSE, MISLEADING INFORMATION. AND THE MANNER OF MAKING IT THE NAME OF THE DECEASED PARTNER WAS PROHIBITED BUT UNDER
KNOWN MUST NOT BE UNDIGNIFIED AND DEMEANING TO THE LEGAL THE RULE OF CPR, IT IS ALLOWED IN RULE 3.02.
PROFESSION.
THIS IS TO MAINTAIN CLIENTS WHO HAVE BEEN PROVIDED LEGAL
ALLOWED BY THE LAW SERVICES BY THE LAW FIRM.
1. Publication of refutable law list. NOT ON DAILY NEWSPAPERS,
MAGAZINES NAME OF A PARTNER IN LAW FIRM SHOULD BE DROPPED IF
2. APPOINTED AS JUDGE SINCE HE IS NO LONGER ALLOWED TO
IMPLIED RESTRICTIONS PRACTICE LAW. EITHER APPOINTED OR ELECTED TO A GOVT POSITION
PROHIBITS ONE FROM PRIVATE PRACTICE OF LAW. TO AVOID A
Violation of 3.01 is unethical, whether done by him personally or DISPLAY OF INFLUENCE ON THE PART OF THE FIRM.
through another with his permission.
Rule 3.03 – Where a partner accepts public office, he shall withdraw
Rule 3.01 — A lawyer shall not use or permit the use of any false, from the firm and his name shall be dropped from the name unless
fraudulent, misleading, deceptive, undignified, self-laudatory, or the law allows him to practice law currently.
unfair statement or claim regarding his qualifications or legal
services. NAME OF PARTNER SHOULD BE DROPPED FROM THE FIRM NAME
WHEN HE ACCEPTS PUBLIC OFFICE. EXCEPTION TO THIS IF THE LAW
SELF PRAISES OR FALSE CLAIMS ON QUALIFICATIONS OR QUALITY OF ALLOWS HIM TO PRACTICE LAW CONCURRENTLY WHILE HOLDING
LEGAL SERVICES ARE UNETHICAL. THIS IS INTERTWINED WITH RULE THE POSITION.
2.03 ON ACTIVITIES SOLICITING LEGAL BUSINESS. A LAWYER SHOULD
NOT PRETEND TO HIS PROSPECTIVE CLIENT JUST TO GET THEIR EXPN - VICE MAYOR, VC GOVERNOR, SANGUNIAANG BAYAN
TRUST AND CONFIDENCE THAT HE IS A SEASONED LAWYER.
THIS IS TO PREVENT THE LAW FIRM OR PARTNERS FROM MAKING
ANY FALSE PRETENSE INTENDED TO DEFRAUD, MISLEAD AND USE OF THE NAME OF THE PUBLIC OFFICIAL TO ATTRACT LEGAL
DECEIVE ON HIS QUALIFICATION OR QUALITY OF LEGAL SERVICES IS BUSINESS AND AVOID SUSPICION OF UNDUE INFLUENCE.
UNETHICAL. WHETHER DONE BY HIM PERSONALLY OR THROUGH
ANOTHER WITH HIS PERMISSION.
Rule 3.04 – A lawyer shall not pay or give anything to
representatives of the mass media in anticipation of, or in return CANON 5 – A lawyer shall keep abreast of legal developments,
for, publicity to attract legal business. participate in continuing legal education programs, support efforts
to achieve high standards in law schools as well as in the practical
SEEKING PUBLICITY IS PROHIBITED. A LAWYER WHO SEEKS PUBLICITY training of law students and assist in disseminating the law and
TO ATTRACT LEGAL BUSINESS IS DEBASING THE LEGAL PROFESSION. jurisprudence.
INDIRECT ADVERTISEMENTS FOR PROFESSIONAL EMPLOYMENT
OFFEND THE TRADITIONS AND LOWER THE TONE OF THE LAWYERS MUST UPDATE THEMSELVES WITH THE LAW
PROFESSION. Objectives of Integration of the Bar:
1. to elevate the standards of the legal profession;
CANON 4 — A lawyer shall participate in the development of the 2. to improve the administration of justice;
legal system by initiating or supporting efforts in law reform and in 3. to enable the bar to discharge its responsibility more
the improvement of the administration of justice. effectively.

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.

RENEWED SIGNIFICANCE TO THE OBLIGATIONS TO:


1. ENCOURAGE AND FOSTER LEGAL EDUCATION
2. DEVISE AND MAINTAIN A PROGRAM OF CONTINUING LEGAL
EDUCATION
3. CONDUCT CAMPAIGNS TO EDUCATE THE PEOPLE ON THEIR
LEGAL RIGHTS AND OBLIGATIONS
k. The Chancellor, Vice-Chancellor and members of the Corps of
LAWYERS MUST TAKE ACTIVE PART IN THE PURSUIT FOR Professors and Professorial Lecturers of the Philippine Judicial
CONTINUING LEGAL EDUCATION PROGRAM. THEY MUST SUPPORT Academy; and
AND ENCOURAGE EFFORTS FOR THE ACHIEVEMENT OF HIGH l. Governors and Mayors.
STANDARDS IN LAW SCHOOLS.
SEC. 2. Other parties exempted from the MCLE. - The following
See B.M. No. 850 or the Mandatory Continuing Legal Education. Members of the Bar are likewise exempt:
Members of the IBP are required every 3 years to complete at least a. Those who are not in law practice, private or public.
36 hours of continuing legal education activities, with appropriate b. Those who have retired from law practice with the approval of the
penalties for failure to do so. ALL LAWYERS. “SCRAP OF PAPER” IBP Board of Governors.

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.

MATTER OF THE BREWING CONTROVERSIES IN THE ELECTIONS OF RULE ON CONFIDENTIALITY


THE IBP 2012
Rule 138, Sec. Rules of Court –
EMBIDO VS PE 2013 - citizen of the PH
- at least 21 yrs of age
AVOID CONFLICT OF LAWYERING - good moral character
- satisfactory evidence of GMC
ADVERSE INTEREST CONFLICT – EXIST WHERE THE MATTER IN WHICH - no charges against him involving moral turpitude
THE FORMER GOVERNMENT LAWYER REPRESENTS A CLIENT IN
PRIVATE PRACTICE IS SUBSTANTIALLY RELATED TO THE MATTER THAT HE WILL BE DENIED PERMISSION TO TAKE THE EXAMINATION. IF
THE LAWYER DEALT WITH WHILE EMPLOYED BY THE GOVERNMENT BEFORE TAKING THE OATH, HE WILL NOT BE ALLOWED TO TAKE HIS
AND THE INTERESTS OF THE CURRENT AND FORMER ARE ADVERSE. OATH AS A LAWYER. IF IT WAS DISCOVERED AFTER THE CANDIDATE
HAD TAKEN HIS OATH, HIS NAME SHALL BE STRICKEN FROM THE ROLL
CONGRUENT INTEREST REPRESENTATION CONFLICTS – THE OF ATTORNEYS.
DISQUALIFICATION DOES NOT INVOLVE A CONFLICT AT ALL BECAUSE
THE LAWYER REPRESENTING A PRIVATE CLIENT EVEN IF THE IF THE CRIME CONCEALED DOES NOT INVOLVED MORAL TURPITUDE,
INTERESTS OF THE FORMER GOVERNMENT CLIENT AND THE NEW NEVERTHELESS IT WILL TAKEN AGAINST HIM. IT IS THE FACT OF
CLIENT ARE ENTIRELY PARALLEL. CONCEALMENT NOT THE COMMISSION OF THE CRIME.

CHAPTER II – THE LAWYER AND THE LEGAL PROFESSION


Rule 7.02 – A lawyer shall not support the application for admission
to the bar of any person known by him to be unqualified in respect Rule 8.01 – A lawyer shall not in his professional dealings use
to character, education or other relevant attribute. language which is abusive, offensive or otherwise improper.

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.

Rule 7.03 – A lawyer shall not engage in conduct that adversely


reflects on his fitness to practice law nor shall be, whether in public
or private life, behave in a scandalous manner to the discredit of the
legal profession.

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.

CANON 8 – A lawyer shall conduct himself with courtesy, fairness


and candor toward his professional colleagues and shall avoid
harassing tactics against opposing counsel.

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.

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