I. THE LEGAL PROFESSION
A. Supervision and Control• Regulated by the Supreme Court and NOT the PRC.
• Const art. VIII, sec. 5(5).
The SC shall have the following powers:
(5) Promulgate rules concerning… practice and procedure in all courts, the admission into the practice of law, the Integrated Bar….
• Const art. XII, sec. 14.
…The practice of all professions in the Phils. shall be limited to Filipino citizens, save in cases prescribed by law.
• The power to integrate the Philippine bar is given to the SC by the Constitution. (In the Matter of the IBP (1973))
• RA 972, or the Bar Flunkers Act of 1953, was declared partially unconstitutional as it encroached upon the powers granted by the Constitution to the SC in determining the admission of bar examinees to the bar by usurping such power through a legislative act. (In Re: Cunanan (1954))
B. The Practice of Law
• Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, 201 SCRA 210 (1991))1
o Padilla, Dissenting
Practice of law – means to exercise or pursue an employment or profession, actively, habitually, repeatedly or customarily. There must be continuity or a succession of acts.
Several factors enumerated by the Commission on Appointments to determine “practice of law”:
(1) Habituality - customarily or frequently holding one’s self out to the public as a lawyer
1 FACTS: Monsod after passing the bar, worked in his father’s firm for one year, then worked as an operations officer in the World Bank Group. He also worked with the Meralco Group upon his return to the Philippines, and then became chief executive officer of an investment bank, legal and economic consultant of various companies, National Chairman of NAMFREL, member of the 1986 Constitutional Commission, and then became a member of the Davide Commission.
Interpreted in the light of the various definitions of the term “practice of law”, particularly the modern concept of law practice, and taking into consideration the liberal construction intended by the framers of the Constitution, Atty. Monsod’s past work experiences as a lawyer-economist, a manager, entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator verily more than satisfy the constitutional requirement – that he has been engaged in the practice of law for at least 10 years.
(2) Compensation - his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services. (3) Application of law, legal principles, practice, or procedure - calls for legal knowledge, training and experience.
(4) Attorney-client relationship- hence, teaching law or writing law books are not considered as “practice of law”.
II. REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW
KNOW MORE: I. Citizenship
• The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. (Const. art. XII, sec. 14.)
• Every applicant for admission as a member of the bar must be a citizen of the Philippines …(Rule 138, sec. 2)
• A Filipino citizen admitted to the Phil Bar must maintain such citizenship to remain qualified for the practice of law in this country (In Re Arthur Castillo Reyes, (1993))2
II. Residence
• Requirements for all applicants for admission to the bar -- …be a resident of the Philippines… (Rule 138, sec. 2)
III. Age: At least 21yrs old
• Requirements for all applicants for admission to the bar -- …be at least twenty-one years of age…(Rule 138, sec. 2)
IV. Good Moral Character
• Requirements for all applicants for admission to the bar -- …must be of good moral character… and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving
2 FACTS: Petitioner graduated from UP College of Law in 1939; passed the bar in 1939; inducted to and served in the US Armed Forces in the Far East during WWII and thus became eligible for citizenship under the 1990 US Immigration Act; became a naturalized citizen of the US in 1993. His name was struck from the Roll of Attorneys. Only Filipino citizens may practice law in the Philippines. This requirement is prescribed by the Constitution, XII 14, and the ROC, 2 Rule 138.
QUICK REFERENCE (In Sequence):
1. Citizenship
2. Residence
3. Age (21 yrs +)
4. Good
Moral
Character
5. Education
6. Bar
Examinations
7. Lawyer’s
Oath
moral turpitude, have been filed or are pending in any court in the Philippines. (Rule 138, sec. 2)
• No definition and criteria in law for “good moral character” (Agpalo)
• Justice Felix Frankfurter: moral character = qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and the strictest observance of fiduciary responsibility • Good moral character is the absence of a
proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. The act or conduct showing moral turpitude need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity.
• Question of moral turpitude is for SC to decide. Which is why applicants are required to disclose any crime which they have been charged. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. Even if the crime concealed does not involve moral turpitude, the act of concealment makes him/her unfit to be a lawyer. (Agpalo)
• Applicant assumes burden of proof to establish qualifications in asking admission. But after having presented prima facie evidence, burden to overcome the prima facie showing shifts to those objecting his/her admission. (Agpalo) • An applicant must show that no charges
against him involving moral turpitude, have been filed or pending in court in the Philippines. The concealment or withholding from the court of the fact that an applicant has been charged with or indicted for an alleged crime is a ground for disqualification (Agpalo)
V. Legal Education
A. Pre-Law
• Pre-Law.—No applicant for admission to the bar examination shall be admitted unless he present a certificate that he has satisfied the Sec. of Education that, he began the study of law, he had pursued and satisfactorily complete in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor’s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, History and Economics. (Rule 138, sec. 6.)
• A college degree must first be obtained before studying law. Otherwise, one will not be qualified to take the bar examinations. (In re Telesforo Diao (1963))
B. Law Proper
• Additional Requirements for other applicants.— All applicants for admission…shall, before being admitted to the examination, satisfactorily show that they have regularly studied law for four years, and successfully complete all prescribed courses, in a law school or university, officially approved and recognized by the Sec. of Education. The affidavit of the candidate, accompanied by a certificate from the university or school of law, shall be filed as evidence of such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following course in a law school or university duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics. (Rule 138, sec. 5)
• Graduates of foreign law schools shall not be allowed to take the bar examinations since they cannot present the certifications required under sections 5 and 6 of Rule 138 (Re: Application of Adriano M. Hernandez, (1993))
VI. Bar Examinations
• Time for filing proof of qualifications.—all applicants for admission shall file with the clerk of the Supreme Court the evidence required by section 2 of this rule at least 15 days before the beginning of the examination. If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence, and citizenship. (Rule 138, Sec. 7) • Notice of applications.—Notice of applications
for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least 10 days before the beginning of the examination. (Rule 138, sec. 8)
• Examination; subjects.—Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public Corporations, and Public Officers); International Law (Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleading and Conveyancing). (Rule 138, sec. 9)
• Bar examination, by questions and answers, and in writing.—Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the
same for all examinees and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. Examinees shall not place their names on the examination papers. No oral examination shall be given. (Rule 138, sec. 10)
• Annual examination.—Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar examiners. The subjects shall be distributed as follows:
1st day: Political and International Law (morning) and
Labor and Social Legislation (afternoon); 2nd day: Civil Law (morning) and
Taxation (afternoon);
3rd day: Mercantile Law (morning) and Criminal Law (afternoon);
4th day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon). (Rule 138, sec. 11.)
• Committee of examiners. —Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall be published in each volume of the official reports. (Rule 138, Sec. 12.)
• Disciplinary measures.—No candidate shall endeavor to influence any member of the committee, and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this provision, or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court. (Rule 138, Sec. 13)
• Passing average.—In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75 % in all subjects, without falling below 50 % in any subject. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15 %; Labor and Social Legislation, 10 %; Mercantile Law, 15 %; Criminal Law; 10 %; Political and International Law, 15 %; Taxation, 10 %;
Remedial Law, 20 %; Legal Ethics and Practical Exercises, 5 %. (Rule 138, Sec. 14)
• Report of the committee; filing of examination papers.—Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its reports on the result of such examination. The examination papers and notes of the committee shall be fixed with the clerk and may there be examined by the parties in interest, after the court has approved the report. (Rule 138, sec. 15)
• Failing candidates to take review course.— Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. (Rule 138, Sec. 16) • Beginning 1994, graduates of foreign law
schools will not be allowed to take the bar (In Re: Adriano Hernandez (1993))
VII. Lawyer’s Oath (MEMORIZE!!!)
• I _____ , do solemnly swear that I will maintain allegiance to the RP:
I will support and defend 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 its commission;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same;
I will not delay any man’s cause 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 will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion.
So help me God.
• The lawyer’s oath 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 makes when taking the lawyer’s oath. If all lawyers conducted themselves strictly according to the lawyer’s oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for
WHO ELSE MAY PRACTICE LAW?
everyone concerned. (In Re: Argosino, 270 SCRA 26)
• By taking the lawyer’s oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice.
Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes vs. Deciembre, 457 SCRA 341)
General Rule: Only Members of the Bar
• Who may practice law.—Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. (Rule 138, Sec 1.)
• 3 EXCEPTIONS TO THE GENERAL RULE: 1. Law Students
• Law Student Practice Rule
o Qualifications of students who may appear in court:
1.
Must have completed the 3rd year of aprescribed regular 4-year curriculum (Rule 138-A, Sec.1);
2.
Must be enrolled in a recognized law school’s legal education program approved by the Supreme Court, without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school (Rule 138-A, Sec.1);3.
Must be under the direct supervision andcontrol of a member of the IBP duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic. (Rule 138-A, Sec.2) o Meaning of Direct Supervision and Control:
requires no less than the physical presence of the supervising lawyer during the hearing.
• A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer. (In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial (1997))
• Appearance in Inferior Courts -- A law student may appear in his personal capacity without the supervision of a lawyer in inferior courts. (refer to Rule 138, section 34)
2. Agent
Notes from Agpalo:
o Metropolitan/ Municipal Trial Court: one may be represented by an agent: In such cases, no attorney-client relationship exists; not habitual; locality where licensed member of bar is not available; person/resident of good repute for probity and ability to aid defendant; NOT IN ANY OTHER COURT
o Supreme Court can validly authorise a layman to represent litigant in court o Question: Can legislature can permit by
law a layman to appear on another’s behalf in court or administrative tribunals. Yes, in cadastral courts, NLRC ok; otherwise NO
o 3 limitations:
layman should confine work
to non-adversarial contentions
not habitually rendered not charge for payment
3. Litigation by Party
By whom litigation conducted.—In the court of a justice of the peace (now, MTC) a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. (Rule 138, Sec. 34)
Notes from Agpalo:
o In a democratic and civilized country where the rights of a person are determined in accordance with established rules, the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal.
o When appearance by counsel not obligatory:
1. In a Municipal Trial Court, a party may conduct his litigation in person or with the aid of a friend appointed by him for that purpose or with an aid of an attorney.
2. In the RTC and Appellate Courts, a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical person.
3. And even if he has chosen to appear by counsel, he may at any time dispense with the services of his lawyer and prosecute or defend his case personally.
WHO MAY NOT PRACTICE LAW?
o The right to counsel of an accused is absolute or immutable. HOWEVER, his option to secure the services of counsel de parte is not absolute. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid reason, in which case the trial court can appoint his counsel de oficio to represent him. Sec 1 (c) of Rule 115 provides that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel, the Court should advise him to secure a counsel de parte or appoint a counsel de officio to represent him.
I. Relative Prohibition
1. Senators and members of the House of Representatives (prohibition to appear) (Art VI, Sec. 14, 1987 Constitution) 2. Members of the Sanggunian (RA
No. 7160, Sec. 91)
II. Absolute Prohibition
1. All members of the Judiciary
i. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35 ROC)
ii. Government prosecutors (People vs. Villanueva 14 SCRA 109)
2. President, Vice President, members of the cabinet (Art VIII, Sec. 15, 1987 Constitution)
3. Members of Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution)
4. Ombudsman and his deputies (Art. IX, Sec. 8 2nd par, 1987
Constitution)
5. Solicitor General and Assistant Solicitor General
6. All governors, city and municipal mayors (RA No. 7160, Sec. 90) 7. Those prohibited by special laws –
retired members of the judiciary (RA 910, Sec. 1, as amended)
II. THE CODE OF PROFESSIONAL
RESPONSIBILITY
Legal Ethics, Defined:
Legal Ethics denotes that body of principles by which the conduct of members of the legal profession is controlled.
It is that branch of moral science which treats of the duties which an attorney at law owes to his clients, to the courts, to the bar and to the public. (G.A. Malcolm, Legal and Judicial Ethics 8 (1949))
Nature of Office of Attorney:
The title “attorney” is reserved to those who, having obtained the necessary degree in the study of law, and passed the bar examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof of good standing; and it is they only who are authorized to practice law in the Philippines.
Privileges of attorney
o A lawyer has the privilege and right to practice law during good behavior before any judicial, quasi-judicial or administrative tribunal.
o An attorney enjoys the presumption of regularity in the discharge of his duty. (i.e. He is immune, in the performance of his obligation to his client, from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer.)
o There are also privileges inherent in his status as a quasi-judicial officer. (i.e. the law makes his passing the bar examination equivalent to a first grade or second grade civil service eligibility.)
Duties of Attorneys (Rule 138, sec. 20): 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;
MEMORY AID FOR CANONS UNDER THIS
SECTION:
o
Promote and Respect the Law and Legal
Process (Canon 1)
o
Provide Efficient and Convenient Legal
Services (Canon 2)
o
Information on Legal Services that is
true, Honest, Fair and Dignified (Canon
3)
o
Support for Legal Reforms and
Administration of Justice (Canon 4)
o
Participate in Legal Education Program
(Canon 5)
o
Applies to Lawyers in Government Service
(Canon 6)
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.
FOUR-FOLD DUTIES OF A LAWYER
1) Duties to Society – should not violate his responsibility to society, exemplar for righteousness, 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
2) Duties to the Legal Profession – candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession
3) Duties to the Court – respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice
4) Duties to the Client – entire devotion to client’s interest
DUTIES MAY ALSO BE CLASSIFIED INTO: 1. Public (operating as a faithful assistant of the
court in search of a just solution to disputes) o A counsel de officio is expected to render
effective service and to exert his best efforts on behalf of an indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self interest. (1991, 1993, 1994, 1998, 2001, 2004 BAR EXAMS)
2. Private (an attorney operating as a trusted agent of his client)
o A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. In case of heavy work schedule of the public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (Rule 110, Sec. 5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002)
A. The Lawyer and Society
MEMORY AID FOR RULES UNDER CANON 1: o No Unlawful, Dishonest, Immoral, Deceitful
Conduct (Rule 1.01)
o No Counseling to Defy Law (Rule 1.02)
o No Encouragement of Lawsuit or Proceedings (Rule 1.03)
o Encourage Client to Avoid Controversy (Rule 1.04)
CANON 1: QUICK REFERENCE
KNOW MORE:
• SPECIAL RULES WITH RESPECT TO NOTARIAL PRACTICE3
• The SC found a notary public negligent in his duty for allowing office secretaries to perform his notarial functions, i.e., safekeeping of his notarial dry seal and notarial register. The
3 2004 Rules on Notarial Practice—ANNEXED
CANON 1:
A lawyer shall uphold the
constitution, obey the laws of the land and
promote respect for law and legal process.
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 profession.
Rule 1.03.
A lawyer shall not, for
any corrupt motive or interest,
encourage any suit 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.
Court held that “considering that the responsibility attached to a notary public is sensitive, respondent should have been more discreet and cautious in the execution of his duties as such and should not have wholly entrusted everything to the secretaries; otherwise he should not have been commissioned as notary public.” (Spouses Santuyo v. Hidalgo, 448 SCRA 282 (2005)) • The SC disbarred Atty. Gregorio Ariola from the practice of law for violating Rule 1.01 of Canon 1 by notarizing an SPA purportedly executed by a certain Benitez at a time when Benitez was already dead. The Court held that a notary public should not authenticate documents unless the persons who signed them are the very same persons who executed them and personally appeared before them to attest to the contents and truth of what are stated therein. (Zaballero v. Atty. Montalvan) Notarization is not an empty, meaningless and routinary act. It converts a private document into a public instrument, making it admissible in evidence without the necessity of preliminary proof of its authenticity and due execution. (Sicat v. Ariola, 456 SCRA 93 (2005)) I. Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
• Unlawful conduct is defined as an act or omission which is against the law. Dishonesty involves lying or cheating. (Agpalo)
• Immoral or deceitful conduct is that which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. (Aguirre)
• Moral turpitude “includes everything which is done contrary to justice, honesty, modesty, or good morals”. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. (Barrios v. Martinez, 442 SCRA 324 (2004))
• The SC found that the imprudence of an attorney who married a man already previously married (without initially knowing that he was in fact married but, upon acquiring such knowledge, cut off all ties with him) did not constitute immoral conduct sufficient for her disbarment. Furthermore, lawyers, as keepers of public faith, are burdened with a higher degree of social responsibility and thus must handle their personal affairs with greater caution. The respondent was imprudent in the sense that she should have investigated the fact that the man with whom she had relations was married. Nevertheless, the fact that she distanced herself from him shows that she displayed no moral indifference. The ratio decidendi of the Court is that the requisite of good moral character in the admission to the practice of law must be continuous as a requirement to the enjoyment of the privilege
of the practise of law. It is the bounden duty of lawyers to adhere unwaveringly to the highest standards of morality. (Ui v. Bonifacio, 333 SCRA 38, (2000))
•
Grossly immoral conduct is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried on and devoid of any deceit on the part of the respondent, is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction against him, even if as a result of such relationship a child is born out of wedlock. (Figueroa v. Barranco, 276 SCRA 445 (1997))4•
The reconciliation between the lawyer husband and his wife who had initiated the administrative proceedings against him for engaging in an adulterous and clearly immoral relationship does not “wipe away the misconduct and immoral behavior.” (Cordova v. Cordova, 179 Phil 680 (1989))•
Gutierrez was convicted of murder but was then granted conditional pardon by the President. When the pardon is conditional and merely remits the unexecuted portion of the penalty, administrative proceedings cannot be automatically barred. (In Re: Gutierrez (1962))II. Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.
• Rule 1.02 requires that the lawyer should not promote an organization known to be violating the law nor assist it in a scheme which he knows is dishonest. He should not allow his services to be engaged by an organization whose member as violating the law, to defend them when they get caught. (Agpalo)
• The Supreme Court 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 practise law in the Philippines. (Estrada v. Sandiganbayan, 416 SCRA 465 (2003))5
• Terrel was found guilty of malpractice or gross misconduct for assisting in the establishment and acting as counsel for the Centro Bellas
4 FACTS: Atty. Barranco was not disbarred despite the fact that
he had sexual congress with Patricia Figueroa with whom he begot a child, promised that he would marry her after he passed the bar but then married another woman.
5 FACTS: The SC indefinitely suspended Atty. Paguia for making
claims that the Justices of the Supreme Court have been participating in partisan political activity and have prejudged a case that will assail the legality of an act done by President Arroyo, that Estrada v Arroyo is a patent mockery of justice and due process, that three Justices of Sandiganbayan made their bias manifest and are impartial against his client.
Artes Club, an organization intending to evade the practice of law. (In Re Terrel (1903)) III. Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any man’s cause.
• Notes from Agpalo:
o To stir up litigation is a crime known as “maintenance” at common law.
o The purpose of prohibiting these acts is to prevent ambulance chasing (solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself).
o Ambulance chasing is prohibited because it stirs up litigation with resulting burdens on courts and the public; supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure by means of contracts which retain exorbitant expenses and by settlement made for quick returns of fees against the rights of the injured persons.
IV. 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 function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or withholding suit. He/she must act as mediator for compromise rather than an instigator and conflict. What sometimes beclouds a lawyer’s judgment as to what is best for his client is his/her eye on the attorney’s fees which are often considerably less when the cause is amicably settled. The problem of conflict of interests must be resolved against self-interest. (Agpalo)
CANON 2: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 2: o Not to Reject the Defenseless or Oppressed
(Rule 2.01)
o Not to Refuse to Give Legal Advice (Rule 2.02)
o No Solicitation (Rule 2.03)
o No Rates Other than Customarily Charged (Rule 2.04)
KNOW MORE:
I. Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
• Legal aid is not a matter of charity. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be administered to indigent and deserving members of the community on all cases, matters and situations in which legal aid may be necessary to forestall an injustice. (IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)
• A lawyer may not refuse to accept representation of an indigent unless: (a) he is in no position to carry out the work effectively or competently or (b) he labours under a conflict of interest between him and the prospective client or between a present client and the prospective client (Rule 14.03)
• Ledesma, who was appointed Election Registrar of his municipality, was not excused from acting as counsel in criminal proceedings that had started that same year. Moreover, to avoid the frustration of the case, especially such as where the defendants are indigent, a lawyer
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 to
primarily solicit legal business.
Rule 2.04.
A lawyer shall not charge
rates lower than those customarily
prescribed unless the circumstances so
warrant.
may be required to act as a counsel de oficio. The fact that his services were rendered without remuneration should not occasion a diminution of his zeal. Most importantly, the Constitution blessed the accused with the right to be heard by himself and by counsel. This manifests the indispensable role of a lawyer in the defense of the accused. (Ledesma v.Climaco, 57 SCRA 473 (1974))
• This rule stems from one of the obligations incident to the status and privileges of a lawyer which is to represent the poor and the oppressed in the prosecution of their claims or the defense of their rights. The court is empowered to require a lawyer to render legal service (to designate him/her as counsel de oficio for an accused if the latter is unable to employ counsel de parte).
• The Integrated Bar of the Philippines through its Committee on Legal Aid has established legal aid offices throughout the country. Its objective is to provide on a nationwide basis legal services in favor of the poor segment of society. Their policy is that legal aid is not a matter of charity. It is a means for the correction of social imbalance that may and often do lead to injustice, which makes it a public responsibility of the Bar.
II. 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.
• A valid reason to refuse is when the lawyer is not in a position to carry out the work effectively and competently. However he shall still render legal advice (such as those pertaining to preliminary steps a person can take). But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest (between him and a prospective client or between a present client and a prospective client). In the case mentioned above, rendering legal advice to the prospective client will establish an attorney-client relationship between them and this will constitute a violation of the rule prohibiting a lawyer from representing conflicting interests. (Agpalo) III. Rule 2.03. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business
• A member of the bar may be disbarred or suspended from his office as attorney by the SC for any… malpractice…. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. (Rule 138, Sec. 27)
• It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. (In Re Tagorda, 53 Phil 37 (1929))
• Exceptions to this rule (Agpalo):
o publication in reputable law list with brief biographical and other informative data which may include name, associates, address, phone numbers, branches of law practised, birthday, day admitted to the bar, schools and dates attended, degrees and distinctions, authorships, teaching positions, associations, legal fraternities and societies, references and regularly represented clients must be published for that purpose;
o an ordinary, simple professional card; o publication of simple announcement of
opening of law firm, change of firm; o telephone directory (but not under
designation of special branch of law); o if acting as an associate (specialising in
a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal);
o working in a public office (which can be filled only by a lawyer);
o full time position as corporate counsel; o if in media, those acts incidental to his
practise (i.e., not his own initiative); o write articles for publication giving
information upon the law (and not individual rights or advising through column/ TV broadcast, lest such be considered indirect advertising);
o if entering into other businesses (which are not inconsistent with lawyer’s duties) then it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions.
IV. Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.
• What the rule prohibits is the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services. (Agpalo)
CANON 3: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 3: o No Fair or Unfair Claim re: Qualifications (Rule
3.01)
o No False or Misleading Firm Name (Rule 3.02) o Partners Assuming Public Office (Rule 3.03) o No Use of Media to Attract Legal Business
(Rule 3.04) KNOW MORE:
I. 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. • A lawyer may not properly publish his brief
biographical and informative data in a daily paper, magazine, trade journal or society program in order to solicit legal business (Khan v. Simbillo, 409 SCRA 299 (2003))6
• It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession
6 Atty. Simbillo advertised his services in a Philippine Daily Inquirer ad which read “Annulment of Marriage Specialist 532-433/521-2667.” The Court held that the solicitation of legal business is not altogether proscribed. However, for solicitation to be proper, it must be compatible with the dignity of the legal profession. The use of simple signs stating the name or names of the lawyers, the office, and the residence address and fields of practice, as well as advertisements in legal periodicals bearing the same brief data and the use of calling cards are permissible. The publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canon, of brief biographical and informative data is likewise allowed.
and not a business. The lawyer may not sell or obtain employment himself or through others for to do so would be unprofessional. It is destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community and it results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7
• Advertising, Direct of Indirect—The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be force, but must be the outcome of character and conduct. The publication or circulation of ordinary simple business cards, being a matter of personal taste or local custom, and some times of convenience is not per se improper. But solicitation of business by circulars or advertisements, or by personal relations is unprofessional. It is equally unprofessional to procure business by indirection through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer. Indirect advertisement for business by furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of the lawyer’s position, and all other like self-laudation, defy the traditions and lower the tone of our high calling and are intolerable. (Sec. 27, Canon of Professional Ethics) • Notice of specialized service—Where a lawyer is
engaged in rendering a specialized legal service directly and only to other lawyers, a brief, dignified notice of that fact, couched in language indicating that it is addressed to lawyers, inserted in legal periodicals and like publications, when it will afford convenient and beneficial information to lawyers desiring to obtain such service, is not improper. (Sec. 46, Canon of Professional Ethics)
• The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Lawyers should not resort to indirect advertisements for professional employment.
The standards of the legal profession condemn the lawyer’s advertisement of his talent, this rest on the fundamental postulate that the practice of law is a profession. The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public.
7 Tagorda was suspended for soliciting business. Before
Tagorda’s election to the provincial board of Isabela, he used a card offering services as an attorney and a notary public free. The card also stated that he was a candidate for the provincial board. After his election, he wrote a letter to the barrio lieutenant informing him that he would continue his practice as lawyer and asking that the lieutenant transmit this information to the barrio.
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 withdraw 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.
Canon 4: A lawyer shall participate in
development of the legal system by initiating
reform and in the improvement of the
administration of justice.
Not all types of advertising or solicitation are prohibited. The exceptions are of two broad categories, those, which are expressly allowed, and those, which are necessarily implied from the restrictions. The first of such exceptions is the publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, or brief biographical and informative data. (Ulep v. Legal Clinic (1993))
II. 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.
• The respondent’s use of the firm name constitutes a representation that being associated with Baker and McKenzie they could “render legal services to the highest quality to multinational business enterprises and others engaged in foreign trade and investment.” This is unethical because Baker & McKenzie is not authorized to practice law here. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))
• Surviving partners cannot continue to use the names of the deceased partners. The Court held, amongst others, that:
Continued use will run counter to Art. 1815 CC which tacitly provides that names in a firm name of a partnership must be those of living partners and, in case of non-partners, should be living persons who can be subject to liability. The public relations value of the use of an old firm name can create undue advantage and disadvantage in the practice of the profession. (In the Matter of the Petition for Authority to Continue Use of the Firm Name – Ozaeta, Romulo, de Leon, etc. and Petition for Authority to Continue Use of Firm Name – Sycip, Salazar, Feliciano, etc. (1979)
III. Rule 3.03. Where a partner accepts
public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently
• Limitation: No Senator or member of the House of Representative may personally appear before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies… (Const, art. VI, sec. 14)
• Prohibition: The President, Vice-President, the members of the cabinet and assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any profession… (Const, art. VII, sec. 13)
• Prohibition: No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he
engage in the practice of any profession… (Const, Art. IX, Sec. 2)
• It is unlawful for a public official or employee to, among others: “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 official functions.” (Samonte v. Gatdula, 303 SCRA 756 (1999))8
IV. 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.
• It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it being tried in court; but when said publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by this Tribunal, the whole thing becomes inexcusable, even abhorrent, and this Court, in the interest of justice, is constrained and called upon to put an end to it and a deterrent against its repetition by meting an appropriate disciplinary measure, even a penalty to the one liable. (Cruz v. Salva, 105 Phil 1151 (1959))
CANON 4: QUICK REFERENCE
KNOW MORE:
• While the lawyer’s task in contributing to the improvement of the legal system is not a matter of strict duty, it is a duty nevertheless that flows from the lawyer’s sense of public responsibility. The improvement of the legal system cannot, however, be done by dreaming in a vacuum. The lawyer must recognize that the law is a part of vast social network and whether he likes it or not, he has to interact with the rest of society. There is thus the need on the part of the lawyer to transcend the narrow limits of technical law. Intricately woven is the law with the social fabric that the legal profession cannot afford to confine itself to narrowly technical legal questions. A lawyer must broaden out and continue to grow in knowledge and competence in order to be able to make the law socially responsive. (Agpalo) KNOW MORE:
• Bar Matter 850 Mandatory Continuing Legal Education9
• Members of the IBP, except those exempt under Rule 7 of Bar Matter No. 850 (Mandatory
8 Facts: The name of Rolando Gatdula, a branch clerk of court,
appeared on the calling card of a firm
Canon 5: A lawyer shall keep abreast of
legal developments, participate in
continuing legal education programs,
support efforts to achieve highest
standards in law schools as well as in the
practical training of law students and
assist in disseminating information
regarding law and jurisprudence.
Continuing Legal Education), are required every 3 years to complete at least 36 hours of continuing legal education activities, with appropriate penalties for failure to do so. (Agpalo)
CANON 5: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 6: o Primary Duty: See Justice Is Done (Rule 6.01) o Not to Use Public Position for Private Interest
(Rule 6.02)
o Not to Engage in Related Employment (Rule 6.03)
KNOW MORE:
• RA 6713, (Code of Conduct and Ethical Standards for Public Officials and Employees.)Sec. 4(A)
Norms of Conduct of Public Officials and Employees.
(A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. (c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to
their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. (e) Responsiveness to the public. - Public
officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.
Canon 6. These Canons shall apply to lawyers in
government service in the discharge of their
official duties.
Rule 6.01.
The primary duty of a
lawyer 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 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 interned.
CANON 6: QUICK REFERENCE
I. Rule 6.01. The primary duty of a lawyer 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. • The benefit of the doubt belongs to the
prosecuting attorney. The prosecuting attorney is under no compulsion to file a particular criminal information where he is not convinced that he has evidence to prop up the averments thereof, or that the evidence at hand points to a different conclusion. (People v. Pineda, 20 SCRA 748 (1967))
• A public prosecutor is a quasi-judicial officer who represents, not an ordinary party to a controversy, but sovereignty. This sovereignty has its obligation to govern impartially. Therefore, the interest in a criminal prosecution is not that it shall win a case but that justice shall be done. (Agpalo)
II. Rule 6.02. A lawyer in 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.
• While the charges have to be dismissed, still it would not be inappropriate for respondent to avoid all appearances of impropriety. Respondent, in his future actuations as a member of the bar, should refrain from laying himself open to such doubts and misgivings as to his fitness not only for the position occupied by him but also for membership in the bar. He is not worthy of membership in an honorable profession who does not even take care that
his honor remains unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976))10
• A member of the Bar who assumes public office does not shed his professional obligation. The CPR was not meant to govern the conduct of private petitioners alone, but of all lawyers including those in government service. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus they have to be mores sensitive in the performance of their professional obligations…. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility, perhaps higher than her brethren in private practice. (Vitriolo v. Dasig, 400 SCRA 172 (2003))11
III. 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.
• RA 3019, Sec. 3(d) (Anti-Graft and Corrupt Practices Act). In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.
• RA 6713, Sec. 7(b). In addition to acts and omissions of public officials and employees not 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: (b) Outside employment and other activities related thereto.—Public officials and employees during their incumbency shall not: 1) Own, control, manage or accept employment
as officer employee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated, supervised or licensed by their office / unless expressly allowed by law;
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
3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
10 FACTS: Atty. San Juan, a captain of the MM Police force and a
member of the bar was charged with coercing an employee, Misamin, to agree to drop charges filed against his employer Tan Hua for violation of the Minimum Wage Law. The case was dismissed for lack of evidence.
11 FACTS: The SC disbarred Atty. Felina Dasig, the OIC of the
Legal Affairs Service of CHED, for making unlawful demands to extort money from certain people who had pending applications in her office for correction of names. Generally speaking, a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as government official. However, if said misconduct as a government official also constitutes a violation of his oath as a lawyer then he may be disciplined by this Court as a member of the Bar.
These prohibitions shall continue to apply for a period of 1 year after resignation, retirement or separation from public office, / except in case of subparagraph (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. • RA 910 Sec. 1 (condition of pension). No
retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel in any court in any civil case where in the govt. or any of its subdivisions or instrumentalities is an adverse party, in a criminal case were an officer or employee of the govt. is accused of an offense related to his official function, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the govt. • In determining whether Atty. Mendoza
committed a breach of Rule 6.03, certain factual predicates should be established, thus: (a) in connection with what “matter” has Atty. Mendoza accepted an engagement or employment after leaving the government service?; (b) in connection with what “matter” did he intervene while in government service?; and (c) what acts did he particularly perform in “intervening” in connection with such “matter”? The first concern in assessing the applicability of the Rule is the definition of “matter.” The same lawsuit or litigation is the same matter. The same issue of fact involving the same parties and the same situation or conduct is the same matter. By contrast, work as a government employee in drafting, enforcing or interpreting government or agency procedures, regulations, or laws, or in briefing abstract principles of law, does not disqualify the lawyer under DR 9-101 (B) from subsequent private employment involving the same regulations, procedures, or points of law; the same “matter” is not involved because there is lacking the discrete, identifiable transaction or conduct involving a particular situation and specific parties.
Intervention” is interference that may affect the interest of others. Since the word “intervene” has two connotations, one affecting interest of others and one done merely in influencing others, Rule 6.03 should be read in the context of the former. To interpret it otherwise is to enlarge the coverage of Rule 6.03. (PCGG v. Sandiganbayan, 455 SCRA 526 (2005))
B. The Lawyer and the Legal Profession
MEMORY AID FOR CANONS UNDER THIS SECTION:
1. Uphold Dignity and Integrity in the Profession (Canon 7)
2. Courtesy, Fairness, Candor Towards Professional Colleagues (Canon 8)
3. Unauthorized Practice of Law (Canon 9)
CANON 7: QUICK REFERENCE
MEMORY AID FOR RULES UNDER CANON 7: o No False Statement (Rule 7.01)
o Not to Support Unqualified Bar Applicant (Rule 7.02)
o No Conduct Adversely Affecting the Profession (Rule 7.03)
KNOW MORE:
• The basic postulate of the IBP is that it is non-political in character and that there shall be neither lobbying nor campaigning in the choice of the IBP Officers. The spectacle of lawyers bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the public’s esteem. (In Re: Election of the IBP, 178 SCRA 398 (1989))
• More than just paying IBP Membership dues, a lawyer should help achieve objectives and purposes of the IBP, i.e.,
• assist in the administration of justice; • foster and maintain on the part of its
members high ideals of integrity, learning, professional competence, public service and conduct;
• safeguard the professional interests of its members;
• cultivate among its members a spirit of cordiality and brotherhood;
• provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure and the relations of the bar thereto; encourage and foster legal education;
• promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon. (Agabin)
• The act of downloading the test questions from the bar examiner’s PC without the latter’s
