Basic Legal

Ethics
Atty. Ronic Treptor
Lawyer’s Duty to the Society
Module 3
Lawyer’s
Oath
• I, XXX, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the 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 wittingly or willingly 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 courts as to my clients;
and I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
Lawyer’s Duty to the
• What law will govern legal ethics?
• For lawyers, the principal rule that is applicable is the Code of
Professional Responsibility.

• This Code of Professional Responsibility was promulgated by the

Supreme Court on June 21, 1988.

• What are the Canons in the Code of Professional Responsibility

that governs the duties of a lawyer to the society?
• Canons 1 to 6.
Lawyer’s Duty to the
• CANON 1 - A lawyer shall uphold the constitution, obey the laws
of the land and promote respect for law and legal processes.
• Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral
or deceitful conduct.
• Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance
of the law or at lessening confidence in the legal system.
• Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause.
• Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle
a controversy if it will admit of a fair settlement.
Lawyer’s Duty to the
• CANON 2 - A lawyer shall make his legal services available in an
efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession.
• Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
• Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latter's rights.
• Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
• Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
Lawyer’s Duty to the
• CANON 3 - A lawyer in making known his legal services shall use only
true, honest, fair, dignified and objective information or statement of
facts.
• Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
• Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued use of the name of a deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.
• Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the
firm and his name shall be dropped from the firm name unless the law allows him
to practice law concurrently.
• Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
Lawyer’s Duty to the
• CANON 4 - A lawyer shall participate in the development of the
legal system by initiating or supporting efforts in law reform and in
the improvement of the administration of justice.

• CANON 5 - A lawyer shall keep abreast of legal developments,

participate in continuing legal education programs, support efforts
to achieve high standards in law schools as well as in the practical
training of law students and assist in disseminating the law and
jurisprudence.
Lawyer’s Duty to the
• CANON 6 - These canons shall apply to lawyers in
government services in the discharge of their tasks.
• Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is
not to convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for disciplinary action.
• Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter
to interfere with his public duties.
• Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he
had intervened while in said service.
Upholding the Constitution and the
• What is the first duty of a lawyer to the society under the Code
of Professional Responsibility?
• The first duty of a lawyer to the society is to uphold the Constitution, obey the
laws of the land and promote respect for law and legal processes.

• While the duty to uphold the Constitution and obey the law is an obligation
imposed on every citizen, a lawyer assumes responsibilities well beyond the basic
requirements of good citizenship. As a servant of the law, a lawyer should moreover
make himself an example for others to emulate. Being a lawyer, he is supposed to
be a model in the community in so far as respect for the law is concerned. (Lee v.
Tambago, A.M. No. 5821, February 12, 2008)

• Note: 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. (Sec. 20, Rule 138, RoC)
Upholding the Constitution and the
• Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
• Every person is expected to do the same. However, for lawyers, because of
the relationship of the profession with administration of justice, the
standard is higher. When a lawyer, who is expected to set a good example,
fails to obey the law, his actions discredits the legal profession itself and
creates a public
impression that the law can be used to advance one’s personal motives.
Upholding the Constitution and the
• What are unlawful, dishonest, immoral or deceitful conduct?
• Unlawful = acts or omissions contrary to law.
• Dishonest = acts of lying or cheating.
• Immoral or deceitful = acts that involve moral turpitude.
• Moral turpitude = everything which is done contrary to justice, modesty, or good
morals; an act of baseness, vileness or depravity in the private and social duties which a
man owes his fellowmen, or to society in general.
Upholding the Constitution and the
• What are unlawful, dishonest, immoral or deceitful conduct?
• A lawyer who asks his client for a large sum of money which he will
allegedly use to obtain a favorable decision violates the law against bribery
and corruption and the restriction against engaging in unlawful conduct. He
further violates such restriction when he appropriates such money for his
own personal interest. (Chu v. Guico, A.C. No. 10573, January 13, 2015)

• Wanton disregard for the sanctity of marriage as shown when the lawyer
pursued a married woman and thereafter cohabited with her. (Guevarra
v. Eala, A.C. No. 7136 August 1, 2007)

• Note: Read Advincula v. Macabata, A.C. No. 7204, March 7, 2007.

Upholding the Constitution and the
• Rule 1.02 - A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal
system.
• For obvious reasons, a lawyer shall not counsel or abet activities aimed at
defiance of the law. Lawyers before being admitted to the bar takes an
oath to support the Constitution and obey the laws as well as the legal
orders of the duly constituted authorities.

• A lawyer who proposes to his client a recourse or remedy that is contrary

to law, public policy, public order and public morals, or that lessens the
public confidence in the legal system is guilty of gross misconduct, and
should be suspended from the practice of law, or even disbarred. (Coronel
v. Cunanan,
Upholding the Constitution and the
A.C. No. 6738, August 12, 2015)
Upholding the Constitution and the
• Does Rule 1.02 prohibit lawyers from criticizing the judiciary?
• No. The Supreme Court does not claim infallibility; it will not denounce
criticism made by anyone against the Court for, if well-founded, can truly
have constructive effects in the task of the Court, but it will not countenance
any
wrongdoing nor allow the erosion of our people’s faith in the judicial system,
let alone, by those who have been privileged by it to practice law in the
Philippines. (Estrada v. Sandiganbayan G.R. No. 159486-88, November 25,
2003)
Upholding the Constitution and the
• Rule 1.03 - A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any man's
cause.
• Lawyers are involved in the administration of justice. The practice of law is a
public service and thus, lawyers should not be acting with corrupt motives
or interests.

• Note however that if there is a valid ground to file a case, then it is only
proper for the lawyer to advice to file a case, but note further that under
Rule 1.04, the lawyer shall encourage the client to avoid, end or settle a
controversy if it will admit of a fair settlement.
Upholding the Constitution and the
• What is barratry or “maintenance”?
• Barratry is stirring up quarrels, litigation, and groundless lawsuits, and is an
offense in common law legal systems. This is not an offense in our
jurisdiction, but this is unethical on the part of the lawyer.
Upholding the Constitution and the
• What is ambulance-chasing?
• Ambulance chasing is the unethical practice of inducing personal injury
victims to bring suits. The practice of lawyers in frequenting hospitals
and homes of the injured to convince them to go to court.

• It can be accident-site solicitation of any kind of legal business by

laymen employed by an attorney for the purpose or by the attorney
himself.
Upholding the Constitution and the
• Rule 1.04 - A lawyer shall encourage his clients to avoid, end or
settle a controversy if it will admit of a fair settlement.
• The useful function of a lawyer is not only to conduct litigation but to avoid
it where possible, by advising settlement or withholding suit. He must act as
mediator for compromise rather than an instigator of controversy and a
predator of conflict.
Making Legal Services
• CANON 2 - A lawyer shall make his legal services available in an
efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession.
• This canon requires that the legal services of a lawyer available in an
efficient and convenient manner compatible with the ethics of the
profession. This basically means that a lawyer shall make his services
available but there are restrictions in advertising his services that is
governed by Rule 2.03.

• A person in need of legal services should be able to find a lawyer who is

qualified to provide them. It is the responsibility of the bar to make
such services available.
Making Legal Services
• Rule 2.01 - A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or the oppressed.
• This rule is in place to prevent lawyers from declining non-paying clients.

• The practice of law is a profession and not a business. Its primary purpose
is public service. Profit is only a by-product of the services lawyers provide.

• Note: It is the duty of an attorney:

• Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed; (Sec. 20, Rule 138, RoC)
Making Legal Services
• What are valid reasons to reject a client?
• The lawyer is prohibited from practicing law or to engage in private practice.
• The lawyer is not in a position to carry out the work effectively
or competently.
• The lawyer might be representing conflicting interests. (see Rule 15.03)
Making Legal Services
• What happens if the lawyer is allowed to reject the cause of
the client, are there any obligations on the part of the lawyer?
• If the lawyer is allowed to reject the cause of the client, the lawyer shall still
give legal advice to the extent necessary to safeguard the person’s rights.

• Basis: Rule 2.02 - In such cases, even if the lawyer does not accept a case,
he shall not refuse to render legal advice to the person concerned if only to
the extent necessary to safeguard the latter's rights.
Making Legal Services
• Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
• Again, the practice of law is a profession and not a business. Its primary purpose is
public service. Profit is only a by-product of the services lawyers provide.

• The key distinctions between an ordinary business and the practice of law are:
• Practice of law is a duty of public service and profit is only a by-product.
• It is a relation as officer of the court to the administration of justice involving
sincerity, integrity, and reliability.
• It is a relation to client in the highest degree fiduciary
• It is a relation to colleagues at the bar characterized by candor, fairness, and unwillingness
to resort to current business methods of advertising and encroachment on their practice, or
dealing directly with their clients. (In Re Syscip, July 30, 1979)
Solicitation and
• Are lawyers allowed to advertise their legal services?
• Yes, but it is regulated under the Code of Professional Responsibility.

• What is the purpose of regulating solicitation and advertising?

• To allow a lawyer to advertise like an ordinary business will commercialize
the profession and lessen its ability to render efficiently that high character
of service to which every member of the bar is called. (Director of Religious
Affairs v. Bayot, 1994)

• How is it regulated?
• Solicitation and advertising are regulated by Rules 2.03, 2.04, 3.01, 3.02,
3.03, and 3.04.
Solicitation and
• Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so
warrant.

• What is the purpose of this rule?

• The purpose is to prevent competition in the matter of charging
professional fees for the purpose of attracting clients in favor of the lawyer
who offers lower rates.

• Note however that the rule does not absolutely prohibit the charging of
lower rates or none at all to a person who cannot afford the usual fee.
Solicitation and
• How to determine legal fees?
• The IBP issues a schedule of fees prescribing the professional fees of a lawyer.

• Can a lawyer charge higher fees?

• Yes. But this is again regulated under Canon 20.
Solicitation and
• CANON 3 - A lawyer in making known his legal services shall use only
true, honest, fair, dignified and objective information or statement
of facts.
• This canon will apply to all dealings made by a lawyer, but more particularly
in advertising his legal services.

• As can be seen in this Canon, soliciting or advertising is not absolutely

prohibited. Lawyers are allowed to advertise their legal services, but it
must be done with utmost honesty.
Solicitation and
• Rule 3.01 - A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services.
• According to a multitude of cases, the best advertising for a lawyer is a well-
merited reputation for professional capacity and fidelity to trust, which
must be earned as the outcome of character and conduct.
Solicitation and
• What are allowable soliciting or advertising?
• Ordinary simple professional cards.
• Publication in a reputable law list with brief biographical and other informative data.
• Publication of simple announcement of opening of law firm or change of firm.
• Listing in telephone directory but not under designation of special branch of law.
• A lawyer engaged in a particular branch of law and available to act as an associate
of other lawyers in that specific branch of legal service may send to local lawyers
only and publish his availability to serve other lawyers in connection therewith.
Note that this cannot be sent to non-lawyers.
• acts incidental to the lawyers practice in relation to the media, as when a lawyer
is interviewed about a particular case.
• Writing legal articles.
Solicitation and
• Examples of disallowed solicitations and advertisements:
• “Expert in…”
• “Guaranteed to collect…”
• Employing a bail procurer to persuade those accused of crimes to employ
a particular lawyer.
• Searching for unknown heirs with the end in view of having
himself employed.
Solicitation and
• Is seeking a position with the government a form of solicitation
or advertising?
• No. This is not considered solicitation nor advertising.

• Is seeking full time employment as a counsel for a

corporation considered solicitation and advertisement?
• No. If however, the employment is a special employment to represent in a
case or proceeding, then it is considered solicitation and advertisement that
is regulated under the Canons.
Solicitation and
• How will the engagement of a lawyer to other businesses
affect solicitation and advertising of his legal services?
• A lawyer is allowed to engage in other businesses that is not inconsistent with
the lawyer’s duties as a member of the bar.

• However, in some cases, the business may be so related to the practice of

law that the lawyer engaged in such business may be violating the rules
against solicitation and advertising legal services.
• Ex: Collection agency, real estate brokerage, insurance agency, tax service
and consultancy.
• Note that if the lawyer is engaged in such businesses and is also engaged in the
practice of law, and the two services are offered in the same office, then the business
will be regulated by the rules against solicitation and advertising.
Solicitation and
• Note also that in cases where the lawyer is engaged in other
businesses, the lawyer must make it clear whether he is acting in
another capacity or as a lawyer. This is to properly inform the client
if the transactions are covered by the attorney-client relationship or
not.
Solicitation and
• Rule 3.02 - In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the name of a
deceased partner is permissible provided that the firm indicates in
all its communications that said partner is deceased.
• Firm names can also be used as a form of advertisement and thus
regulated by the Canons.
Solicitation and
• What are the rules in choosing a firm name?
• In the choice of a firm name, no false, misleading or assumed name shall
be used.

• Can a firm continue to use a deceased partner’s name?

• The continued use of the name of a deceased partner is permissible provided
that the firm indicates in all its communications that said partner is
deceased.
Solicitation and
• Why is there a need to indicate if a partner is already dead?
• In the past, the requirement is to drop the name of the deceased partner.
However, under the new Canons, the requirement now is to just indicate
that such partner is already dead.

• The reason that there is a need to indicate that the partner is already dead
is to avoid misrepresentation of the goodwill of the firm.
Solicitation and
• Rule 3.03 - Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law concurrently.
• The purpose of this rule is to prevent law firms from using the name of a
government official as it may affect public opinion regarding the services
that the law firm can provide.

• If the name of the partner who accepted a public office will still be used
by the law firm, then it will appear that the law firm has connections with
government which may raise suspicion of undue influence.
Solicitation and
• Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in return
for, publicity to attract legal business.
• Media publicity, as a by-product of good legal services is not prohibited.
What is improper is for a lawyer to resort to propaganda to secure media
publicity for the purpose of attracting legal business.

• The purpose of the rule is to prevent some lawyers from gaining an unfair
advantage over other through the use of gimmickry, press agentry, or
other artificial means.
Mandatory Continuing Legal
• CANON 4 - A lawyer shall participate in the development of the
legal system by initiating or supporting efforts in law reform and in
the improvement of the administration of justice.
• Note that this is not a matter of strict duty, but a duty that flows from the
lawyer’s sense of public responsibility.
Mandatory Continuing Legal
• CANON 5 - A lawyer shall keep abreast of legal developments,
participate in continuing legal education programs, support efforts
to achieve high standards in law schools as well as in the practical
training of law students and assist in disseminating the law and
jurisprudence.
• The purpose of this Canon is to require lawyers to study the law
continuously. The law is part of the society that is constantly changing.
Lawyers are expected to be knowledgeable of the law, and for that
expectation to be met, lawyers must be required to continuously study the
law and jurisprudence.

• This is even more important to lawyers who are in the active practice of
the law.
Mandatory Continuing Legal
• How is Canon 5 implemented?
• Canon 5 is implemented through the Mandatory Continuing Legal
Education (MLCE) under B.M. No. 850, August 22, 2000.

• What is the MCLE?

• This is a program which requires lawyers to show proof of having
undertaken improvement in their knowledge as a precondition for renewing
their license to practice.
Mandatory Continuing Legal
• What is the purpose of the MCLE?
• Continuing legal education is required of members of the Integrated Bar of
the Philippines (IBP) to ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law. (Sec. 1, B.M. 850)
Mandatory Continuing Legal
• What are the requirements of completion under the MCLE?
• Members of the IBP not exempt under Rule 7 shall complete, every three
(3) years, at least thirty-six (36) hours of continuing legal education
activities approved by the MCLE Committee. Of the 36 hours:
• (a) At least six (6) hours shall be devoted to legal ethics.
• (b) At least (4) hours shall be devoted to trial and pretrial skills.
• (c) At least five (5) hours shall be devoted to alternative dispute resolution.
• (d) At least nine (9) hours shall be devoted to updates on substantive and procedural
laws, and jurisprudence.
• (e) At least four (4) hours shall be devoted to legal writing and oral advocacy.
• (f) At least two (2) hours shall be devoted to international law and
international conventions.
• (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by
the MCLE Committee. (Sec. 2, Rule 2, BM 850)
Mandatory Continuing Legal
• How are credit units acquired?
• Participatory credit may be claimed for:
• (a) Attending approved education activities like seminars, conferences, symposia, in-house
education programs, workshops, dialogues or round table discussions.
• (b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator,
resource speaker, moderator, coordinator or facilitator in approved education
activities.
• (c) Teaching in a law school or lecturing in a bar review class. (Sec. 2, Rule 5, BM 850)

• Non-participatory credit may be claimed per compliance period for:

• (a) Preparing, as an author or co-author, written materials published or accepted for
publication, e.g., in the form of an article, chapter, book, or book review which contribute to
the legal education of the author member, which were not prepared in the ordinary course
of the member's practice or employment.
• (b) Editing a law book, law journal or legal newsletter. (Sec. 3, Rule 5, BM 850)
Mandatory Continuing Legal
• Who are exempted from the MCLE requirement?
• The following members of the Bar are exempt from the MCLE requirement:
• (a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executives Departments;
• (b) Senators and Members of the House of Representatives;
• (c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and
retired members of the judiciary, incumbent members of Judicial Bar Council,
incumbent members of the Mandatory Continuing Legal Education Committee,
incumbent court lawyers who have availed of the Philippine Judicial Academy programs
of continuing judicial education;
• (d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of
the Department of Justice;
Mandatory Continuing Legal
• Who are exempted from the MCLE requirement?
• The following members of the Bar are exempt from the MCLE requirement:
• (e) The Solicitor General and the Assistant Solicitor General;
• (f) The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
• (g) The Chairmen and Members of the Constitutional Commissions;
• (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and
the Special Prosecutor of the Office of the Ombudsman;
Mandatory Continuing Legal
• Who are exempted from the MCLE requirement?
• The following members of the Bar are exempt from the MCLE requirement:
• (i) Heads of government agencies exercising quasi-judicial functions;
• (j) Incumbent deans, bar reviews and professors of law who have teaching experience
for at least 10 years accredited law schools;
• (k) The Chancellor, Vice-Chancellor and members of the Corps of Professors
and Professorial Lectures of the Philippine Judicial Academy; and
• (l) Governors and Mayors. (Sec. 1, Rule 7, BM 850)
Mandatory Continuing Legal
• Other parties exempted:
• The following Members of the Bar are likewise exempt:
• (a) Those who are not in law practice, private or public.
• (b) Those who have retired from law practice with the approval of the IBP Board
of Governors. (Sec. 2, Rule 7, BM 850)

• A member may file a verified request setting forth good cause for exemption (such as
physical disability, illness, post graduate study abroad, proven expertise in law, etc.)
from compliance with or modification of any of the requirements, including an
extension of time for compliance, in accordance with a procedure to be established by
the MCLE Committee. (Sec. 3, Rule 7, BM 850)
Mandatory Continuing Legal
• What constitutes non-compliance with the MCLE requirement?
• The following shall constitute non-compliance
• (a) Failure to complete the education requirement within the compliance period;
• (b) Failure to provide attestation of compliance or exemption;
• (c) Failure to provide satisfactory evidence of compliance (including evidence of
exempt status) within the prescribed period;
• (d) Failure to satisfy the education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of a non-compliance notice;
• (e) Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements. (Sec. 1, Rule 12, BM
850)
Mandatory Continuing Legal
• What happens if the lawyer fails to comply?
• A member failing to comply will receive a Non-Compliance Notice stating the
specific deficiency and will be given sixty (60) days from the date of notification to
explain the deficiency or otherwise show compliance with the requirements. Such
notice shall contain, among other things, the following language in capital letters:

• “YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE

OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60
DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.”

• The Member may use this period to attain the adequate number of credit hours for
compliance. Credit hours earned during this period may only be counted toward
compliance with the prior compliance period requirement unless hours in excess of
the requirement are earned, in which case, the excess hours may be counted
toward meeting the current compliance period requirement. (Sec. 2, Rule 12, BM
850)
Mandatory Continuing Legal
• What are the consequences of non-compliance with the
MCLE requirement?
• A member who, for whatever reason, is in non-compliance at the end of the
compliance period shall pay a non-compliance fee. (Sec. 1, Rule 13, BM 850)

• A member who fails to comply with the requirements after the sixty (60) day
period for compliance has expired, shall be listed as a delinquent member of the
IBP upon the recommendation of the MCLE Committee. The investigation of a
member for non-compliance shall be conducted by the IBP’s Commission on Bar
Discipline as a fact-finding arm of the MCLE Committee.. (Sec. 2, Rule 13, BM 850)

• Note also that the pleadings filed by the lawyer without the an MCLE Certificate of
Compliance or Certificate of Exemption would subject the counsel to appropriate
penalty and disciplinary action. (See B.M. No. 1922 as amended on January 14,
2014)
Mandatory Continuing Legal
• How can a lawyer be removed in the listing of delinquent
members for failure to comply with the MCLE requirement?
• The involuntary listing as a delinquent member shall be terminated when
the member provides proof of compliance with the MCLE requirement,
including payment of non-compliance fee. A member may attain the
necessary credit hours to meet the requirement for the period of non-
compliance during the period the member is on inactive status. These credit
hours may not be counted toward meeting the current compliance period
requirement. Credit hours attained during the period of non-compliance in
excess of the number needed to satisfy the prior compliance period
requirement may be counted toward meeting the current compliance
period requirement. (Sec. 1, Rule 14, BM 850)
Applicability of the CPR to Government
Lawyers
• CANON 6 - These canons shall apply to lawyers in
government services in the discharge of their tasks.
• Lawyers in the government are covered by the Code of Professional
Responsibility. Even more so because they are not only expected to be role
models because they are lawyers, but also because they are in public
service.
Applicability of the CPR to Government
Lawyers
• Can a lawyer who be disciplined as a member of the bar for
a misconduct in the performance of official functions?
• As a general rule, no. If, however, the misconduct also constitutes a
violation of the Code of Professional Responsibility, then the erring lawyer
can be held liable for both violations.
Applicability of the CPR to Government
Lawyers
• Rule 6.01 - The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
Applicability of the CPR to Government
Lawyers
• What is the primary duty of a lawyer engaged in public prosecution?
• The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done.

• Prosecutors are the representatives of the State in criminal actions.

The Prosecutors’ interests should be the attainment of justice and not
the conviction of an accused.
Applicability of the CPR to Government
Lawyers
• What happens if a prosecutor suppresses facts or conceals witnesses
that can establish the innocence of the accused?
• The prosecutor can be subject to disciplinary action that may include suspension
from the practice of law or disbarment.

• The prosecutor should not hesitate to recommend the acquittal of the accused if
the evidence in his possession shows that the accused is innocent.

• For his finest hour is not when he wins a case with the conviction of the accused.
His finest hour is still when, overcoming the advocate’s natural obsession for
victory, he stands up before the court and pleads not for the conviction of the
accused but for his acquittal. For indeed, his noble task is to prosecute only the
guilty and to protect the innocent. (People v. Madera, 1974)
Applicability of the CPR to Government
Lawyers
• Rule 6.02 - A lawyer in the government service shall not use his
public position to promote or advance his private interests, nor allow
the latter to interfere with his public duties.
• This rule is also consistent with the duty of public officials to uphold
public interest over and above private interests.

• This rule is applicable to all lawyers in the government, but it is particularly

applicable to lawyers in the government who are allowed to engage in
private practice or who has engaged in private practice before being a public
official.
Applicability of the CPR to Government
Lawyers
• Rule 6.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter
in which he had intervened while in said service.

• Can a lawyer engage in private practice after leaving

government service?
• Yes, but he cannot accept engagements or employment in connection
with any matter in which he had intervened while in government service.
Applicability of the CPR to Government
Lawyers
• What is the meaning of “any matter” in Rule 6.03?
• The “matter” contemplated are those that are adverse-interest conflicts (substantial
relatedness and adversity between the government matter and the new client’s matter in
interest) and congruent-interest representation conflicts (prohibits lawyers from representing
a private practice client even if the interests of the former government client and the new
client are entirely parallel). (PCGG v. Sandiganbayan and Mendoza, G.R. Nos. 151809-12)

• What is the scope of intervention contemplated under Rule 6.03?

• There are, therefore, two possible interpretations of the word "intervene." Under the first
interpretation, "intervene" includes participation in a proceeding even if the intervention is
irrelevant or has no effect or little influence. Under the second interpretation, "intervene"
only includes an act of a person who has the power to influence the subject proceedings.
We hold that this second meaning is more appropriate to give to the word "intervention"
under Rule 6.03 of the Code of Professional Responsibility in light of its history. (PCGG v.
Sandiganbayan and Mendoza, G.R. Nos. 151809-12)
Applicability of the CPR to Government
Lawyers
• Note:
• “SECTION 7. 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:
• xxx
• (b) Outside employment and other activities related thereto. – Public officials and employees
during their incumbency shall not:
• xxx
• (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; or
• xxx
• These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with any
matter before the office he used to be with, in which case the one-year prohibition shall
likewise apply.” (A.M. No. 08-6-352-RTC, August 19, 2009)