I.

INTRODUCTION

What is Ethics? Sense of what is right and wrong and how a person should act; problem : it is RELATI E! In the case of "hil# law$ers are prohibited from soliciting oneself %e!g ad&ertising' ! (ut in the )!S# $ou can ad&ertise! *ow do $ou determine whether what particular action $ou ta+e# e&aluate the wrongness and rightness of an act? Theories suggest that it will depend upon circumstances# particular act is not bad per se# it depends on circumstances! E!,# +illing a person thru self-defense! .ircumstances affecting the commission of the act! ./nsen0uentialists 1 the rightness dpends on the result of the conse0uence! E!, a thief comes in the nigh# 2 children can onl$ be +ept 0uiet e3cept for one %if the thief will find# what course will action to ta+e? 4ill the child to sa&e the other children?' Sub5ecti&ist 1 ta+ing the life of son is 5ustified b$ circumstances! 6erem$ (entham 1 7,reatest happiness for the greatest number8 .ommon good 9 ,eneral welfare on what particular action to ta+e! *ow does it den$ the particular person desires? It:s ob5ecti&e is common good! Social-.ontract : oluntar$ agreement to create a 5ust societ$! Le&iathan 1 *obbes# Loc+e; with this social contract people agreed what is ethical or not! /b5ecti&ists 1 Immanuel 4ant# categorical imperati&e! <st imperati&e 1 act onl$ according to that ma3im which will go uni&ersal law or that does not against E!, - ta+ing of life 9 there:s no room to de&iate# the actness or wrongness will depend upon the uni&ersal acceptance! the e&ent of Tacloban 9 looters ta+ing propert$ 5ustified b$ the sub5ecti&ists# howe&er for 4ant# no it:s not! =or law$ers# the determination of wrongness and rightness will conform whether or not the$ &iolate the .ode of "rofessional Responisbilit$

- "panish# Abogado. - $ilipino# %anananggol. c. counsel de parte d. counsel de oficio e. attorney of record f. amicus curiae g. bar h. bench i. attorney in fact &. bar association &. house counsel '. lead counsel l. Pro "e Att$# "rcotor# Solicitor Es0uire %England' (arrister % England' .ounsel de "arte 1 counsel or law$er of particular patr$ engaged for a fee %att$-client relationship' .ounsel de /fficio 1 appointed b$ .ourt 9>agastosA All are compensated b$ the de officio :B Ser&ices will pertain onl$ to the annulment case The moment client di&ulges info and if $ou render opinion# e&en in the absence of agreement# $ou alread$ attain attorne$ client relationship! RETAICER ./CTIC,EC.@ 1 depend on the success9 outcome *ow does on become .ounsel de /fficio? %when part$ don:t ha&e law$er' ,enerall$# notice to counsel is notice to client! A>I.)S .)RAE 1 e3perienced and impartial attorne$ in&ited b$ the .ourt %friends of .ourt because of the e3pertise the$ possess'; the$ are called most of the time at .A and S.! =or 0uestions in&ol&ing constitutionalit$# an e3pert is called to shed light! %e!g Bean Aga&in#' /nl$ for that case! (AR 1 law$ers (EC.* - 5udges Wh$ is it called (AR and (EC.*? ATT@ IC =A.T 1 not necessaril$ a law$er# ma$ be appointed # (AR ASS/.IATI/C 1 compulsor$ members of law$ers in the (ar %In Re! Edillon' .annot refuse# it:s mandator$! "hilippine (ar Association % b$ in&itation ' *ouse counsel - Law$er who acts as attorne$ for business though carried as an emplo$ee of that business and not as an independent law$er! %Att$ .anlas: >asa$a +asi wala gingawa esp if corporation has e3ternal counsel ' "ro Se 1 appearing for oneself ; parties allowed to litigate for themsel&es! . Power to regulate practice of law (Art. )***, "ec. +,+-, ./01 !onstitution2 S)"RE>E ./)RT has the power to regulate rules on practice and procedure! <! Admission to the (ar

>E>/RI?E T*E LAW@ER:S /AT*A ;' =reud 1 7.hild is the father of man8 Att$ .anlas: we will choose what is right and wrong A. Definition of Terms a. Legal Ethics b. Terms used to describe a member of the legal profession - Lawyer, Attorney, or Attorney-At-Law, Practicing Lawyer, Trial Lawyer Advocate, arrister, !ounsel or !ounselor. - Proctor, "olicitor.

2! E! F!

Dualification Bisciplinar$

LEgal Aid to indigents -

Legislature:s role 1 in terms of budget and allocation ; Remember: @ou are an officer of the court first before $ou are a law$er to $our clinet! E&en $ou owe fidelit$# what ta+es precedence is $our dut$ to the .ourt# if there:s conflict# must resol&e in fa&our of the dut$ to the ./)RTA .! Buties of Attorne$s %Rule <EG# Sec 2H' D. $345-$3LD D4T*E" 3$ A LA67E5 - to "3!*ET78 to the LE9AL P53$E""*3:8 to the !345T8 and to the !L*E:T. =/)R =/LB B)TIES /= LAW@ER <! Societ$ 2! E! F! Legal "rofession

The practice of law e&ol&ed so much such as if $ou loo+ in the case of .a$etano &s >onsod# court tells $ou it:s not limited to application of legal +nowledge! "etitioner .a$etano 0uestioned the 0ualification of Att$! >onsod! iolation Art I-. Sec <# that the ./>ELE. chairman who shall ha&e at least <H $ears of practice in law! >a5orit$ /pinion sa$s that 7practice of alw is not limited to appearance in .ourt rather for as long as a person is habituall$ re0uired to render legal principles8 Cature of dissenting opinion is in the position that if we follow >a5or opinion waters down the .onstitutional mandate# the choice of 7<H $ears8 is a deliberate intent of the .onstitution IT IS C/T LI>ITEB >EREL@ LAW@ER AS A""EARIC, T/ ./)RT!

According to "ABILLA: - *abitualit$ .ompensation Application of law# legal principle# practice or procedure Attorne$ 1 .lient relationship

.ourt .lient -

E. Practice of Law is a Profession and :ot a usiness "RIC.I"LE /= LAW@ERIC, IS A "R/=ESSI/C C/T A ()SICESS - Ethical consideration# The (IR imposing of fees# Att$ .anlas: &iolation <' =EES %not all law$ers re0uire the same fees' LEGAL PROFESSION

II.

5uthie Lim-"antiago v. Atty. !arlos . "agucio, A! :o. A1?+, %arch @., >??A - Att$ Saguicio was formerl$ and retained counsel of Taggat which is owned b$ the "etitioner! Then said Att$ was appointed as Assistant prosecutor # then there was a complaint filed b$ the Taggat! Allegedl$ &iolate Rule <J!HE of "R and prohibiton of go&ernment emplo$ees appearing as pri&ate counsel! .an a public prosecutor appear? (ut I:m not engaging practice of la because I:m not retained but merel$ consultant ser&ices! *ELB: law was silent with distinction of retain law$er or in consultanc$! S/ long as attorne$ was rendering ser&ices or legal +nowledge it would constitute the practice of law!

A. "tate 5egulation "upreme !ourt ; !onstitution Art. )*** sec + ,+!ongress ; !onstitution Art <** "ec .= ,>-Art. <)*** "ec..? What are the powers of .ongress? 6)BI.IAL ./CTR/L a! Admission to practice is a 5udicial function b! Legislati&e power to repeal# alter# or supplement c! E3ecuti&e power in relation to practice d! Supreme .ourt incidental powers A! What .onstitutes "ractice of Law - /nl$ =ilipinos can practice - Earning $our 6!B does not ma+e $ou a law$er# $ou are 5ust law graduate! ,enerall$# an$ acti&it$# in or out of court which re0uires the application of law# legal principle# practice or procedure!

People vs. )illanueva .= "!5A ... - *eld: he is not because it is onl$ an isolated e&ent! There is no habitualit$ - The word practice of law impliesthe customar$ or habitual holding of oneself to the public as alaw$er and demanding compensation for his ser&ices - "ri&ate practice is more than an isolated appearance for it consist of fre0uent customar$ actions! An isolated appearance ma$ hwoe&er amount to practice in relation to the rule prohibiting some persons from engaging in the e3ercise of legal profession!

!ayetano v. %onsod, 9.5. :o. .??..@, >?. "!5A >.? ,.//.-

B. Essential !riteria Determinative of Engaging *n The

Practice 3f Law

III.

Babituality, !ompensation, Application of law, legal principle, practice, or proc edure which calls for legal 'nowledge, training and eCperience and Attorney-client relationship

E! ,ood >oral .haracter - Co definition and criteria in law for 7good moral character8 %oral character is what a person reall$ is %corresponds to ob5ecti&e realit$' while good reputation is the opinion generall$ entertained of him# the estimate in which he is held b$ the public in the place where he is +nown %sub5ecti&e'! Cot enough that conduct merel$ enables a person to escape the penalt$ of criminal law! Dustice $eliC $ran'furter# moral character O 0ualities of truth-spea+ing# a high sense of honor# full candor# intellectual honest$# and the strictest obser&ance of fiduciar$ responsibilit$ ,ood moral character is the absence of a pro&en conduct or act which has been historicall$ and traditionall$ considered as a manifestation of moral turpitude! The act or conduct showing moral turpitude need not amount to a crime; and e&en if it does constitute an offense# a con&iction upon a criminal charge is not necessar$ to demonstrate bad moral character although it ma$ show moral depra&it$! $ather 5anhilio !. AEuino et al vs. Atty. Edwin Pascua A.!. :o.+?/+, :ovember >0, >??1 - an applicant must show that no charges against him in&ol&ing moral turpitude# ha&e been filed or pending in court in the "hilippines; the concealment or withholding from the court of the fact that an applicant has been charged with or indicted for an alleged crime is a ground for dis0ualification %In re Duitain' ; a law$er:s name ma$ not be stric+en off from the roll of attorne$s b$ reason of alienage# noncompletion of the prescribed course of stud$ or bad moral character in the absence of clearl$ preponderant e&idence that he did not# in fact# possess the necessar$ 0ualifications at the time of his admission! *n re# Dudge Daime ). Fuitain, D ! :o.?.@, August >>, >??1 - =ailed to disclose since the case was dismissed! *owe&er# there:s e&idence submitted to S. that there:s inter&iew hence he +new of the dismissal ! 5odolfo %. ernardo vs. Atty. *smael $. %e&ia, Adm !ase :o.>/0=, August @., >??1 - *ow do $ou get bac+ in the good graces of the .ourt after <J $ears? ")R/ RELI,I/)S LAC, %Att$ .anlas' @ou ha&e to plead for merc$A What:s the purpose of disciplinar$ penalt$ imposed on erring law$ers? Whether suspend9disbar! Ratio: C/T ICTECBEB T/ ")CIS* ()T T/ ./RRE.T# if court was con&ince that the erring law$er has changed# it:spossible to be re-admit )eleG vs. Atty. De )era A.!. :o. AA/1, Duly >+, >??A

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW <' >ust ha&e been admitted to the bar a! =urnishing satisf$ing proof of educational# moral and other 0ualification b! "assing bar e3aminations c! Ta+ing the law$er:s oath before the Supreme .ourt d! Signing the roll of attorne$:s an recei&ing from the cler+ of .ourt of the S. a certificate of the license to practice 2' A law$er must remain in good and regular standing a! Remaina member of the I(" b! Regularl$ pa$ I(" dues c! =aithfull$ obser&e rules and ethics of legal profession d! (e continuall$ sub5ect to 5udicial disciplinar$ control A! Legal Education (! Educational Dualifications *ow do $ou +now that $ou are intellectuall$ 0ualified? "re-Law Rule: Rule <EG sec K# Rules of .ourt *igh school graduate# .ollege graduate of arts or sciences with an$ of the following fields: "olitical Science# Logic# English# Spanish# *istor$ and Economics

Re0uirements <! .itiLen of "hilippines 2! At least 2< E! /f good moral character F! Resident of the "hilippines J! E&idence of good mral character and no charges filed9pending against him "rocedure for Admission Aguirre v 5ana Law graduate must pass the bar - Sign roll of attorne$s - /ath ta+ing "re-Law: Rule <EG sec! K# Rules of .ourt Law "roper: Rule <EG Sec! J# Rules of .ourt .! .itiLenship .onstitution# Art! MII Sec! <F%2' B! (ar E3aminations Rules of .ourt <EG Secs! N-<K "rocedure for Admission Aguirre vs 5ana, % .?@A, Dune .?, >??@

Licensed in "hilippines and authoriLed also in State of .alifornia# he was suspended there for E $ears he decided to retire there! (asis of complain tin the phils: alleged untruthful statement and &iolation of .anon <<! The issue of W/C a disciplinar$ findings of foreign 5urisdiction is (ICBIC, in phil courts! Cot binding howe&er It is a prima facie e&idence! There:s need to pro&e that these finding were actuall$ committed!

c. !riminal case before the %T! in a localit$ where a dul$ licensed member of the (ar is not a&ailable# the 5udge ma$ appoint a non-law$er who is a: i! Resident of the pro&ince; ACB ii! /f good repute for probit$ and abilit$ to aid the accused in his defense; ,"ec. 1, 5ule ..A 55!Q: Ma a !a"t "e!"e#e$t %&'#e()* A: *n civil cases# an indi&idual litigant has the right to conduct his litigation personall$! *n criminal cases# in gra&e and less gra&e offenses# an accused who is a la$man must alwa$s appear b$ counsel; he cannot conduct his own defense without &iolating his right to due process of law! Note: E&en the most intelligent of the educated men ma$ ha&e no s+ill in the science of law# particularl$ in the rules of procedure and without counsel; he ma$ be con&icted not because he is guilt$ but because he does not +now how to establish his innocence! Where an accused was not dul$ represented b$ a member of the bar during trial# the 5udgment should be set aside# and the case remanded to the trial court for a new trial! ,People v. "antocildes, Dr., 9.5. :o. .?/.=/, Dec. >., .///With regard to a &uridical person+ it must alwa$s appear in court through a dul$ licensed member of the bar# e3cept before >T. where it ma$ be represented b$ its agent or officer who need not be a law$er! Note: "artnership with a non-law$er is /IB! In the formation of partnership for the practice of law# no person should be admitted or held out as a practitioner or member who is not a member of the legal profession dul$ authoriLed to practice# and amenable to professional discipline! ,. NON-LAWYERS IN ADMINISTRATI-E TRI.UNAL a! 4nder the Labor !ode# non-law$ers ma$ appear before the CLR. or an$ Labor Arbiter# if# i! The$ represent themsel&es; /R ii! The$ represent their organiLation or members thereof; ,Art >>>, PD ==>, as amended- /2002 .a" Q1e#t&o$2 iii! If the$ are dul$ accredited members of an$ legal aid office dul$ recogniLed b$ the Bepartment of 6ustice# or the Integrated (ar of the "hilippines in cases referred to b$ the latter! ,Lapena, >??/Note: *e is not# howe&er# entitled to attorne$:s fees under Article 222 of the Labor .ode for not being a law$er! ,$ive D. TaCi v. :L5!, 9.5. :o. ...=1=, August >>, .//=b! 4nder the !adastral Act# a non-law$er can represent a claimant before the .adastral .ourt! ,"ec. /, Act no. >>+/Rule <EG-A! Rules of .ourt <' must ha&e completed the Erd $ear of a prescribed regular F$ear curriculum; 2' must be enrolled in a recogniLed law school:s legal education program appro&ed b$ the Supreme .ourt# without compensation# to represent indigent clients! E' must be under the 3&"e4t #1!e"5&#&o$ a$3 4o$t"o( of a member of the I(" dul$ accredited b$ the law school! !ruG vs. %ina, 95 :o. .+=>?1, April >1, >??1

=!

Law Student "ractice Rule A: GR: Co! /nl$ those who are licensed to practice law can appear and handle cases in court! XPN: <! Law Student "ractice 2! Con-law$ers in .ourt E! Con-law$ers in Administrati&e Tribunal 1. LAW STUDENT PRACTICE ; A law student who has successfull$ completed Erd $ear of the regular four-$ear prescribed law curriculum and is enrolled in a recogniLed law schoolPs clinical legal education program appro&ed b$ the Supreme .ourt# ma$ appear without compensation in an$ ci&il# criminal or administrati&e case before an$ trial court# tribunal# board or officer# to represent indigent clients accepted b$ the legal clinic of the law school ,"ec. ., 5ule .@0-A-. The appearance of the law student authoriLed b$ this rule# shall be under the direct super&ision and control of a member of the Integrated (ar of the "hilippines dul$ accredited b$ the law school! An$ and all pleadings# motions# briefs# memoranda or other papers to be filed# must be signed b$ the super&ising attorne$ for and in behalf of the legal clinic! ,"ec. >, 5ule .@0-A:o one 'nows your case more than you do, so donHt be nervous before the courtI - Atty. !anlas Note: The law student shall compl$ with the standards of professional conduct go&erning members of the (ar! =ailure of an attorne$ to pro&ide ade0uate super&ision of student practice ma$ be a ground for disciplinar$ action ,!ircular :o../, dated December ./, ./0A-!

2. NON-LAWYERS IN COURT a! !ases before the %T!: A part$ to the litigation# ma$ conduct his own case or litigation in person# with the aid of an agent or friend appointed b$ him for that purpose ,"ec. @=, 5ule .@0, 55!-; b! efore any other court# a part$ ma$ conduct his litigation personall$! (ut if he gets someone to aid him# that someone must be authoriLed member of the (ar ,"ec. @=, 5ule .@0, 55!Note: A non-law$er conducting his own litigation is bound b$ the same rules in conducting the trial case! *e cannot after 5udgment# claim that he was not properl$ represented!

($ &irtue of Rule <EG-A Sec EF a law student ma$ appear in court as an A,ECT or a =RIECB of a part$ litigant w9o super&ision of a law$er!

.AC/C < - A LAW@ER S*ALL )"*/LB T*E ./CSTIT)TI/C# /(E@ T*E LAWS /= T*E LACB ACB "R/>/TE RES"E.T =/R LAW /= ACB LE,AL "R/.ESSES! Rule <!H< - A law$er shall not engage in unlawful# dishonest# immoral or deceitful conduct! Rule <!H2 - A law$er shall not counsel or abet acti&ities aimed at defiance of the law or at lessening confidence in the legal s$stem! Rule <!HE - A law$er shall not# for an$ corrupt moti&e or interest# encourage an$ suit or proceeding or dela$ an$ manPs cause! Rule <!HF - A law$er shall to a&oid# end or settle a contro&ers$ if it will encourage his clients admit of a fair settlement! *ence# )"*/LBIC, T*E ./CSTIT)I/C ACB T*E LAW <! But$ to uphold the .onsittuion 2! But$ not to engage in unlawful conduct E! But$ not to counsel illegal acti&ities F! But$ not to encourage lawsuits J! But$ to encourage amicable settlement >A4IC, LE,AL SER I.ES A AILA(LE <! A law$er should not re5ect the cause of the defenceless 2! A law$er shall not refuse to render legal ad&ice %e3cept on that ma$ in&ol&e in &iolation of attorne$client relationship' E! "articipating in legal de&elopment F! Law$ers shall +eep abreast of legal de&elopments J! >andator$ continuing legal education%E $rs # EK hrs' A""LI.A(ILIT@ /= ./BE T/ ,/ ERC>ECT LAW@ERS - A prosecutor shall see to it that 5ustice is done %not to win the case but to upheld 5ustice' 200: R1(e# o$ Nota"&a( P"a4t&4e Re0uirements of Cotarial "ractice "urpose: foster ethical conduct; these are guideline on beins notar$ public! What is a &alue of notariLed document? "ri&ate document con&erted to public# henc presumption of regularit$# there:s affirmation! - Within territorial 5urisdiction of business .an $ou notariLed an unsigned document? - Cot signed but thumbmar+ - *ow bout merel$ htumbmar+? There must be two witnesses and signed in prescene of notar$ public - S. came out new forms on how $ou should state ac+nowledgement and oath of accomplishment! Bepending on t$pe of document! Jaldivar v. 9onGales, 9.5. :o. 1/A/?, .AA "!5A @.A ,./00-

,! The Law$er:s /ath %>emoriLe thisA' 7I# QQQQQQQQQQQQQQQQQQQQQQQ# do solemnl$ swear that I will maintain allegiance to the Republic of the "hilippines; I will support its .onstitution and obe$ the laws as well as the legal orders of the dul$ constituted authorities therein; I will do no falsehood# nor consent to the doing of an$ in court; I will not wittingl$ nor willfull$ promote or sue an$ groundless# false or unlawful suit; or gi&e aid nor consent to the same; I will dela$ no man for mone$ or malice# and will conduct m$self as a law$er according to the best of m$ +nowledge and discretion# with all good fidelit$ as well as to the court as to m$ clients; and I impose upon m$self these &oluntar$ obligations without mental reser&ation or purpose of e&asion! So help me ,od!8 E&en $ou don:t memoriLe the .anon# $ou can go bac+ with the out! *eart and Cature of .RR! Nat1"e o) a La6 e"7# Oat%: 8 The law$er:s oath is not a mere formalit$ recited for a few minutes in the glare of flashing cameras and before the presence of select witness! (In re: Arthur M. Cuevas, Jr. 285 SCRA 59, January 27. 1998). 8The law$er:s oath is not mere facile words# drift and hollow# but a sacred trust that must be upheld and +ept in&iolable! (Sebastian v. Ca is, A!". Case #$. 5118, Se%t. 9, 1999) W%at+ &$ e))e4t+ 3oe# a (a6 e" "e!"e#e$t to a 4(&e$t 6%e$ %e a44e!t# a !"o)e##&o$a( e'!(o 'e$t )o" %&# #e"5&4e#* A: RThe significance of the oath is that it not onl$ impresses upon the attorne$ his responsibilities but it also stamps him as an officer of the court with rights# powers and duties as important as those of the 5udges themsel&es! It is a source of his obligations and its &iolation is a ground for his suspension# disbarment or other disciplinar$ action!R ,Agpalo, Legal Ethics, .//> ed., p. +/-. *n 5e# Argosino, >1? "!5A >A *! >embership in the I(" *n re# Atty. %arcial Edillion, A% ./>0, August @, ./10 - E&er$ law$er are re0uired to be member# this is mandator$! What is the importance of integration? /rganiLed association of "hilippine law$ers# essential to tge court for super&isor$ powers! I-. CODE OF RESPONSI.ILITY PROFESSIONAL

THE LAWYER AND SOCIETY Ca$o$ 1 P"o'ote a$3 Re#!e4t La6 a$3 Le9a( P"o4e##

- court has the power to cite in contempt and discipline erring members! the statements made b$ respondent ,onLaleL clearl$ constitute contempt and call for the e3ercise of the disciplinar$ authorit$ of the Supreme .ourt! *is statements necessaril$ impl$ that the 5ustices of the Supreme .ourt betra$ed their oath of office! Such statements constitute the grossest +ind of disrespect for the Supreme .ourt! Such statements &er$ clearl$ debase and degrade the Supreme .ourt and# through the .ourt# the entire s$stem of administration of 5ustice in the countr$! ,onLaleL is entitled to the constitutional guarantee of free speech! What ,onLaleL seems unaware of is that freedom of speech and of e3pression# li+e all constitutional freedoms# is not absolute and that freedom of e3pression needs on occasion to be ad5usted to and accommodated with the re0uirements of e0uall$ important public interests! /ne of these fundamental public interests is the maintenance of the integrit$ and orderl$ functioning of the administration of 5ustice! There is no antinom$ between free e3pression and the integrit$ of the s$stem of administering 5ustice! ,onLaleL# apart from being a law$er and an officer of the court# is also a Special "rosecutor who owes duties of fidelit$ and respect to the Republic and to the Supreme .ourt as the embodiment and the repositor$ of the 5udicial power in the go&ernment of the Republic! The responsibilit$ of ,onLaleL to uphold the dignit$ and authorit$ of the Supreme .ourt and not to promote distrust in the administration of 5ustice is hea&ier than that of a pri&ate practicing law$er! ,onLaleL is also entitled to criticiLe the rulings of the court but his criticisms must be bona fide! In the case at bar# his statements# particularl$ the one where he alleged that members of the Supreme .ourt approached him# are of no relation to the ?aldi&ar case! The Supreme .ourt suspended ,onLaleL indefinitel$ from the practice of law! "pouses "antuyo v. Bidalgo ==0 "!5A >0> ,>??+"icat v. Ariola =+A "!5A /@ ,>??+Law$er signed notariLed of a dead person! Ruling of court:

grossl$ immoral conduct # which has been defined as the conduct which is willful# flagrant# or shameless# and which shows a moral indifference to the good and respectable members of the communit$! Law$ers# as +eepers of public faith# are burdened with a higher degree of social responsibilit$ and thus must handle their personal affairs with great caution! Iris (onifacio was imprudent in managing her personal affairs! *owe&er the fact remains that her relationship with .arlos# clothed as it was with what she belie&ed as a &alid marriage# cannot be considered immoral! Immoralit$ connotes conduct that shows indifference to the moral norms of societ$ and the opinion of good and respectable members of the communit$! =or such conduct to warrant disciplinar$ action# it must be 7grossl$ immoral8# it must be so corrupt and false as to constitute a criminal act or unprincipled as to be reprehensible to a high degree! A law$er is not onl$ re0uired to refrain from adulterous relationships but must also beha&e himself as to a&oid scandaliLing the public b$ creating the belief that he is flouting those moral standards! *er act of distancing herself on her disco&er$ that .arlos was married pro&es that she had no intention of flaunting the law and the high moral standard of the legal profession! /n the matter of the falsified marriage certificate# it is contrar$ to human e3perience and highl$ improbable that she did not +now the $ear of her marriage or she failed to chec+ that the information onthe document she attached to her Answer were correct! Law$ers are called upon to safeguard the integrit$ of the (ar# free from misdeeds and acts of malpractice $igueroa v. arranco, " ! !ase :o. +./ >1A "!5A ==+ ,.//1- >oral turpitude Rincludes e&er$thing which is done contrar$ to 5ustice# honest$# modest$# or good morals!R It in&ol&es Ran act of baseness# &ileness# or depra&it$ in the pri&ate duties which a man owes his fellow men# or to societ$ in general# contrar$ to the accepted and customar$ rule of right and dut$ between man and woman# or conduct contrar$ to 5ustice# honest$# modest$# or good morals!R arrios v. %artines, A! :o. =+0+ ==> "!5A @>= ,>??=-

Co )nlawful# Bishonest# Immoral# Beceitful .onduct 1 Rule <!H< - ,rossl$ Immoral .onduct 1 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! 4i v. onifacio, Adm. !ase :o. @@./, Dune 0, >??? C/! The practice of law is a pri&ilege! The bar candidate does not ha&e the right to en5o$ the practice of the legal profession simpl$ b$ passing the bar# he must also ha&e a continued possession of good moral character! A law$er ma$ be disbarred for

Co .ounseling to Bef$ Law 1 Rule <!H2 Donton vs. Dr. Tansingco, A! :o. A?+1, Dune >1, >??A )eleG vs. Atty. De )era A.!. :o. AA/1, Duly >+, >??A ,supra*n re Terell > Phil >AA ,./?@Estrada v. "andiganbayan =.A "!5A =A+ ,>??@Cot to Encourage Lawsuit or "roceedings 1 Rule <!HE - E3isting rules in procedure now are placed that e&er$ step in litigatin #there:s alwa$s an opportunit$ to SETTLE! ,/ =/R SETTLE>ECT /= T*E .ASE before litigation# but if there:s a &iolation of rights nneded to be remedied must be admonished b$ court!

.ounsels on both parties didn:t e3ert efforts to be a mediator

!astaKeda v. Ago, 9.5. :o. L->0+=A, A+ "!5A +?+ ,./1+- Reple&in suit to reo&er machineries from Ago E3ecution was iisued to Ago:s properties There:s alread$ a decision for e3ecution of properties# how&er the petitioner finds wa$ to file cases to pre&ent this e3ecution "rositution of 5udicial processes "enalt$: paid b$ the law$ers

"aburnido v. %adrono, A! :o. ==/1, @AA "!5A . ,>??.-Att$ >adrono has been harassing the spouses b$ filing cases! Acts of him despite his allegations# his underl$ing moti&e is to e3act re&enge onl$! The rules en5oins law$er to ad&ise clients to temper their propensit$ to litigate! As a law$er $ou should +now whther $our case has basis or not!

Ca$o$ 2 A LAWYER SHALL MA;E HIS LEGAL SER-ICES A-AILA.LE IN EFFICENT AND CON-ENIENT MANNER COMPATI.LE WITH THE INDEPENDENCE+ INTEGRITY AND EFFECTI-ENESS OF THE PROFESSION Rule 2!H< 1 A law$er shall not re5ect# e3cept for &alid reasons# the cause of the defenseless or the oppressed! Rule 2!H2 1 In such cases# e&en if the law$er does not accept a case# he shall not refuse to render legal ad&ice to the person concerned if onl$ to the e3tent necessar$ to safeguard the latter:s rights! Rule 2!HE 1 A law$er shall not do or permit to be done an$ act designed primaril$ to solicit legal business! Rule 2!HF 1 A law$er shall not charge rates lower than those customaril$ prescribed# unless the circumstances so warrant! Cot to Re5ect The .ause of the Befenseless or /ppressed 1 Rule 2!H< - There:s pro&ision in I(" : mandate the$ had to build legal aid office 9section Wh$ is I(" re0uired to gi&e legal aid to oppress? - The profession of a law$er is public ser&ice .alalang &s Williams# those who are less in life will be be more in law: %"a$ bac+!!harassing students :B ' I(" *andboo+# ,uidelines ,o&erning Establishment and /peration of Legal Aid /ffice# Art! < Sec < Cot to Refuse to ,i&e Legal Ad&ice 1 Rule 2!H2 %,eneral Rule' .an $ou refuse? @ESA @ou are not compelled to ta+e the case that comes to $ou# $ou can turned them down! (ut# ne&er burn $our bridges! E!, Sorr$# I am swamped b$ cases %=ind a nice wa$ to sa$ $our re5ection' - There are instance where $ou cannot refuse to gi&e legal assistance:

Linsangan vs. Atty. Tolentino, A! :o. AA1>, "eptember =, >??/ - - Solicitation law$er Rule <!HE states that law$er should not corrupt Ambulance chasing 1%borrowed frm American practice' law$ers chasing &ictims to offer legal ser&ices 9 running after possible clients .lients are suppose to go to $ou# $ou don:t gp after them! In fact# $ou don:t need to go after them!

Encourage .lient to A&oid .ontro&ers$ 1 Rule <!HF - Law$ers are not allowed to participate in the 6udicial Bespute Resolution 7sasi *** vs :L5!, 95 :o. .?=+//, %arch .., .//= Son and father dispute Respondent %father contention': he abadone .ourt: no he didn:t abandon

E3ceptions: <'Indigent who cant afford Rule <F Race Se3 .reed Status of life Regarding guilt of said person E3ception to the e3ception: -.onflict of Interest %e!g $ou ha&e handled cases of this person before' "antiago vs. Atty. 5afanan, A! :o. A>+>, 3ctober +, >??= Topic: not to refuse on gi&ing ad&ice: Snot allowed to testif$ for client Sthere are cases where a lw$er can testif$ for a client Trial techni0ue from Sir: don:t as+ an$more 9 cross e3amine law$er on notariLed document 9 WA, 4A AC LAC, >A,TAC/C,

Rule E!H2 1 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 pro&ided that the firm indicates in all its communications that said partner is deceased! Rule E!HE 1 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 concurrentl$! Rule E!HF 1 A law$er shall not pa$ or gi&e an$thing of &alue to representati&es of the mass media in anticipation of# or in return for# publicit$ to attract legal business! Co =alse or )nfair .laim re: Dualifications 1 Rule E!H< Lhan v. "imbillo, A! +>//, =?/ "!5A >// ,>??@What are the wa$s where a law$er9office can ad&ertise? .alling cards w9c contain name# law firm# address and specialt$ %C/ CEEB T/A B ERTISE @/)RSEL=# @/) *A E T/ REA.* T*AT "/ICT W*ERE @/) C/ L/C,ER WACT T/ >EET .LIECTS '

E3ceptions : .anon <F# Rule <F!H< and <F!H2 E3ception to the E3ception : .anon <F# Rule <F!HE Co Solicitation -- Rule 2!HE - A law$er shall not do or permit to be done an$ act designed primaril$ to solicit legal business er$ contentious: appearing in T! 9 technicall$ bawal pero walang nag 0u0uestion Rule <EG Sec! 2N# Rules of .ourt Linsangan vs. Atty. Tolentino, ,supraA law$er shall ma+e clear whether in another capacit$ %Rule <J!HG' he is acting -

4lep v. Legal !linic, % :3. ++@, >>@ "!5A @10 ,.//@- Cewspaper ad %Ssecret marriage in ,uam' *n 5e#Tagorda, +@ Phil @1 ,./>/%improper ad&ertising or solicitation' The use of a card containing the following 7 As a notar$ public he can e3ecute for $ou a deed of sale for the purchase of land! *e offers free consultation and is willing to help the poor!8

Co Rates Lower Than .ustomaril$ .harged 1 Rule 2!HF - A law$er shall not charge rates lower than those customaril$ prescribed# unless the circumstances warrant - Scomple3it$ of the problem - S e3perience of law$er - Shand le case because of other cases - -There are conse0uence of CotariLingAA - - >ost important thing to consider when $ou appear on far places# fact that S/ >).* TI>E *AS T/ BE /TE CANON , < A LAWYER IN MA;ING ;NOWN HIS LEGAL SER-ICES USE ONLY TRUE+ HONEST+ FAIR+ DIGNIFIED AND O-=ECTI-E INFORMATION OR STATEMENT OF FACTS / I$)o"'at&o$ o$ Le9a( Se"5&4e# t%at &# T"1e+ Ho$e#t+ Fa&"+ D&9$&)&e3 a$3 O>?e4t&5e2 - A law$er in ma+ing +nown his legal ser&ices shall use onl$ true# honest# fair# dignified and ob5ecti&e information Rule E!H< 1 A law$er shall not use or permit the use of an$ false# fraudulent# misleading# decepti&e# undignified# selflaudator$ or unfair statement or claim regarding his 0ualifications or legal ser&ices!

Co =alse of >isleading =irm Came 1 Rule E!H2 S$cip SalaLarcase - there are partners in the law firm that are alread$ dead# so a complaint 0uestioning this# can we continue the use of these persons? @es! (ut put off safeguards - The use of the name 7S$cip8 in the firm# can the$ still use it considering S$cip is alread$ dead? If we follow the rationale in Bacana$ &s (a+er# it shouldn:t be allowed because it creates perception! (ut the court rule otherwise# we should still allow despite he alread$ died because the REAS/C /= ,//BWILL #that this person has created goodwill! So long as it indicates in the letterhead that this particular partner alread$ died! /== ./)CSEL : not part of law firm but allowed to be consulted

Dacanay v. a'er and %cLenGie .@A "!5A @=/ ,./0+- @ou cannot use foreign office - Sforeign law$ers are prohibited from engaging practice in "hils - Sthe impression it will create to pre5udice to other offices - .ourt disallow the sue of (a+er->ac+enLie because of misrepresentation that create it is a foreign law office %at its ad&antage' "artners Assuming "ublic /ffice 1 Rule E!HE - Where a partner accepts public office he must withdraw his name in the firm unless the court allows to practice while being emplo$ed! - =or Senator9.ongress# the$ can engage in practice pro&ide do not appear in court! - Sanggunian >embers are allowed .onstitution Art! K sec! <F; Art! N sec <E; Art! I sec! 2 "amonte v. 9atdula, A% :o. P-//-.>/>, @?@ "!5A 1+A ,.///- >embers of 6udiciar$ are prohibited from engaging practice of law! If $ou are a ./>ELE. law$er# $ou can engage in practice of law Reason: Election is periodical Allegations: engage in pri&ate practice of law and solicitation Wh$ is he onl$ reprimanded? (ecause complainant failed to substantiate her allegations! What does it create? % The solicitation# he made us e of his public office to ad&ance his interest ' %ThereHs no prohibition for retiring &udges to engage in private practice-

REGARDING THE LAW AND =URISPRUDENCE @ Pa"t&4&!ate &$ Le9a( E314at&o$ P"o9"a' (ar >atter GJH >andator$ .ontinuing Legal Education TW/ WA@S to obtain units - "ARTI.I"AT/R@ 1 b$ attending as student in the >.LE program# teach law in accredited law school for the alst <H $ears# - C/C-"ARTI.I"AT/R@ 1 writing boo+ # writing 5ournals 9 means no direct participation in the seminar or lectures 9 if $ou stud$ abroad $ou ma$ as+ for e3emption - Bo not ta+e $our >.LE na mag+asunod! Becisions in .i&il law cases are all the same!

CANON B < THESE CANONS SHALL APPLY TO LAWYERS IN GO-ERNMENT SER-ICE IN THE DISCHARGE OF THEIR OFFICIAL TAS;S @ Ca$o$# A!!( to La6 e"# &$ Go5e"$'e$t Se"5&4e Rule K!H< 1 The primar$ dut$ of a law$er engaged in public prosecution is not to con&ict but to see that 5ustice is done! The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highl$ reprehensible and is cause for disciplinar$ action! Rule K!H2 1 A law$er in the go&ernment ser&ice shall not use his public position to promote or ad&ance his pri&ate interests; nor allow the latter to interfere with his public duties! Rule K!HE 1 A law$er shall not# after lea&ing go&ernment ser&ice# accept engagement or emplo$ment in connection with an$ matter in which he had inter&ened while in said ser&ice# RA KN<E Sec! F %.ode of .onduct and Ethical Standards for "ublic /fficials and Emplo$ees' !ollantes v. 5enomeron, A! :o. @?+A, >?? "!5A +0= ,.//.- .an he still be disbarred considering he was alread$ remo&ed in his position? ,EC R)LE: can onl$ be disciplined for &iolating .ode pf "ublic Ethical Standards EM.E"TI/C: if the actions also constitutes a &iolation of ."R - *e can onl$ be disbarred for &iolation of ."R if the actions constitute &iolation of law$er:s oath! *e doesn:t cease being a law$er because of his public office! (ut when it comes to administrati&e cases# it doesn:t necessar$ that he &iolated ."R unless the act 9 reason of his con&iction constitutes &iolation of ."RA - "rinciple of Bouble 6eopard$ doesn:t appl$! .an be tried for both standards of conduct Diana 5amos vs. Atty. Dose 5. *mbang, A! :o. A100, August>@, >??1 - Att$ Imbang is a member of "A/ when he accepted a pri&ate case!

Cot )se >edia to Attract Legal (usiness 1 Rule E!HF - A law$er is not allowed to see+ publicit$! - *ow about those law$ers appearing in radio9t& programs? CANON : < A LAWYER SHALL PARTICIPATE IN THE DE-ELOPMENT OF THE LEGAL SYSTEM .Y INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPRO-EMENT OF THE ADMINISTRATION OF =USTICE @ Pa"t&4&!ate &$ De5e(o!'e$t: S1!!o"t Le9a( Re)o"'# a$3 A3'&$&#t"at&o$ o) =1#t&4e CANON A < A LAWYER SHALL ;EEP A.REAST IN LEGAL DE-ELOPMENTS+ PARTICIPATE CONTINUING LEGAL EDUCATION PROGRAMS+ SUPPORT EFFORTS TO ACHIE-E HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISEEMINATING INFORMATION

/rdinaril$# the case should be that if $ou are going to loo +at the in&entor$ of "A/# most of them are handling criminal cases! (ut the$ don:t respresent ci&il cases %rarel$A' "rosecutor9=iscals are not allowed to ta+e pri&ate cases because the$ are supposed to represenet onl$ the STATE hence# the$ can:t appear in representation of pri&ate client!

THE LAWYER AND THE LEGAL PROFESSION CANON C - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTI-ITIES OF THE I.P @ U!%o(3 D&9$&t a$3 I$te9"&t o) t%e P"o)e##&o$ - "urpose of I(" 1 integration# it doesn:t &iolate a law$er:s right! - In .anon N 1 it mandates that e&er$ law$er uphold integrit$ and dignit$ of legal profession! Rule N!H< 1 A law$er shall be answerable for +nowingl$ ma+ing a false statement or suppressing a material fact# in connection with his application for admission to the bar! Rule N!H2 1 A law$er shall not support the application for admission to the bar of an$ person +nown b$ him to be un0ualified in respect to character# education or other rele&ant attribute! Rule N!HE 1 A law$er shall not engage in conduct that ad&ersel$ reflects on his fitness to practice law# nor shall he# whether in public or pri&ate life# beha&e in a scandalous manner to the discredit of the legal profession! *n re ./0/ Elections of the * P .10 "!5A @/0 ,./0/,Mvote-buying/ne of the b$ laws of I"( is $that the association must be non-partisan# non-political! Actuall$# there:s prohibition in politiciLing legal profession! There are E candidates The attention of the court was called in relation to acti&ities that too+ place! The candidates running for I(" presidential &iolated the I(" b$ laws b$ committing non-partisan# the$ also &iolated ."R! What should be the basis of electing I(" officers? >erit 0ualifications and willing to ser&e! What is the conse0uence then? The actions of the candidates degraded the integrit$ of the "hilippine bar! =iling of certificate of candidac$ members aware in&itation w 9list of candidates %there:s no campaign actuall$' "antos v. Llamas @>> "!5A +>/ ,>???Snon pa$ment of I(" dues S*e e&en used the same I(" number for se&eral $ears .harge: non pa$ment since <II< defenses: alread$ old 2'limited ser&ice S. *ELB: Bespite the fact that he:s senior citiLen# he is still held to pa$ I(" dues because The purpose of pa$ing I"( dues is for regulation which is different from ta3A There is nothing in b$ laws which e3empt pa$ment of I(" dues! In engagement of limited practice; 5e# >??@ ar ECaminations % .>>>, $eb. =, >??= Sdisbarred and as+ for reconsideration (AL,/S : e3aminer of mercantile law

"rimar$ But$: That 6ustice is Bone 1 Rule K!H< The state must alwa$s rule impartiall$! "ublic prosecutor who is in possession of e&idence that would rather ac0uit the accused must follow that path! !uenca vs !A, 95 :o. .?/01?, December ., .//+ Cot to )se "ublic "osition for "ri&ate Interest 1 Rule K!H2 Ali vs Atty. >??+ 3laGo vs. Dustice Tinga, A% :o. .?-+-1-"!, December ?1, >?.? - Tinga was being charged when he was a .ongressman and member of .ommittee *ELB: The ,EC R)LE %unless actions &ioati&e as a la$er' C/ "R//= because records do not show that it was brought in the committee! Ta+ing the consideration of TInga:s contention: that it was aloan# S. held there:s lac+ of con&incing e&idence that indeed 6ustice TInga too+ ad&antage of his position ubong, A! :o. =?.0, %arch 0,

Retirement benefits of former .6 .orona Att$! .ACLAS# @/) ARE C/T RETIREBAAA @/) ARE I>"EA.*EBAAAA Cot to Accept Emplo$ment After ,o&ernment Ser&ice 1 Rule K!HE P!99 v. "andiganbayan, =++ "!5A+>A ,>??+".,,:s a+sing for dis0ualification of Estrelito >endoLa as counsel of Lucio Tan The phrase 7inter&ened on a matter8 9 act of >endoLa as S, is ad&ising .EC(AC4 on how to pprceed in the li0uidation of ,EC(AC4! It is not the matter contemplated in the ".,, case!

RA KN<E sec! N%b' RAEH<I sec! E %d' 9isela Buyssen vs Atty. $red L. 9utierreG, A! :o. A1?1, %arch>=, >??A P: v. !edo, A! :o. @1?., >=@ "!5A . ,.//+-

Att$!,uLman: found the source of the lea+ed 0uestions of >ercantile Law contentions: that he didn:t +now that it was be going to as+ed in the e3am 2HHJ - disbarred 2HHI 1 file to be reinstated Wh$ the court was persuaded? "urpose of disciplinar$ penalt$ is not to punish but to .orrect! /nce the .ourt was con&inced that he mended his wa$s! What was the presented e&idence? E3plained that his famil$ was a life long dream# presented certificates he attended socio ci&ic e&ents! Letter of Atty. !ecilio Arevalo % .@1? %ay /, >??+ Snon pa$ment due that he wor+ed at .i&il Ser&ice and wor+ed abroad .ontention : he did not practice at all .ourt held: imposition of fees is matter of egulation # whether $ou practice or not# so long as $ou admitted in the "hilippine bar# $ou should pa$ I(" dues! What:s the wa$ out? /r e3emption? *e should applied for the suspension of pa$ment! *e can as+ that he be suspended from the I("!.onse0uence O no practice at all

CANON D A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY+ FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES AND SHALL A-OID HARASSING TACTICS AGAINST OPPOSING COUNSEL @ Co1"te# + Fa&"$e##+ Ca$3o" To6a"3# P"o)e##&o$a( Co((ea91e# a$3 !"o%&>&t&o$ o) 1#&$9 Fo1( (a$91a9e Rule G!H< 1 A law$er shall not# in his professional dealing use language which is abusi&e# offensi&e or otherwise improper! Rule G!H2 1 A law$er shall not directl$ or indirectl$# encroach upon the professional emplo$ment of another law$er; howe&er# it is the right of an$ law$er # without fear or fa&or# to gi&e proper ad&ice and assistance to those see+ing relief against unfaithful or neglectful counsel! RESPECT .EGETS RESPECT E2 Fo" Att : Ca$(a#: &$#tea3 o) 9&5&$9 9&)t# to ?139e+ >e)"&e$3 t%e&" #ta)) E2 Fue vs. Atty. 5evilla Dr. A! :o. 1?+=, December =, >??/ What respondent did: <' Abused the procedure b$ filing unnecessar$ cases 5ust to pre&ent e3ecution of decision 2' What he said in the motion for recon of opposing part$ # has alread$ denied b$ this court E' (laming of a law$er for failure of the case# maligned Att$ .atolico% who:s alread$ dead who cannot defend himself!% ./)RT: this is unfair for blaming him 9 the use of abusi&e language is directed against a dead law$er' The court characteriLed this law$er as continuing ris+ in legal profession and therefore should be disbarred! !amacho v. Pagulayan @>0 "!5A A@. ,>???- Att$! .amacho represents the A>A students - ./)RT: rule G!H2 a law$er shall not !! If $ou:re a law$er $ou should onl$ represent $our client# $ou cannot tal+ to the other part$ without going through the represented counsel of that part$! Att$! .amacho was ignored b$ the law$er of A>A! - *owe&er# if the opposing part$ see+s help in neglectful counsel# $ou must ad&ise! Co Abusi&e and Improper Language 1 Rule G!H< Cot to Encroach on "rofessional Emplo$ment 1 Rule G!H2 Linsangan vs. Atty. Tolentino ,supraCANON F A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIGED PRACTIC OF LAW@ U$a1t%o"&He3 P"a4t&4e o) La6 - % not prohibited to collaborate with other law$ers '

Co =alse Statement 1 Rule N!H< Cot to Support )n0ualified (ar Applicant 1 Rule N!H2 Co .onduct Ad&ersel$ Affecting the "rofession 1 Rule N!HE <' ,R/SS I>>/RALIT@ 2' .RI>E IC /L IC, >/RAL T)R"IT)BE - An$ thing that is done in contrar$ of 5ustice# honest$# modest$ and good morals E' =RAB)LECT TRACSA.TI/CS - What will amount to gross immoral conduct? It must be totall$ =ALSE ACB ./RR)"T so as to constitute a criminal act or so unreprehensible - Lot of cases in grossl$ immoral conduct: law$er issuing bouncing chec+s# ha&ing a relationship with a nephew# - Remember# that it must be WILL=)L ACB ICTECTI/CAL; an$ commission of illegal act O automaticall$ Jaguirre v. !astillo @0/ "!5A A+/ ,>??@ISS)E: W/C acts of respondent constitutes grossl$ immoral conduct Sbasis for the case against .astillo: Sdefense: men b$ nature are pol$gamous hence court got angr$ - */CEST@ %crime of moral turpitude'# "R/(IT@ ACB ,//B BE>EAC/R! The respondent suspended indefinitel$

Rule I!H< 1 A law$er shall not delegate to an$ un0ualified person the performance of an$ tas+ which b$ law ma$ onl$ be performed b$ a member of the (ar in good standing! Rule I!H2 1 A law$er shall not di&ide or stipulate to di&ide a fee for legal ser&ices with persons not licensed to practice law e3cept: PP vs. Bon. %aceda, 95 :o. 0/+/.-/A, Danuary >=, >??? - .an he practice while being detained? - The fact that he is under house arrest O cannot practice of profession hence# unauthoriLed practice of law! *owe&er# The mere filing of criminal case against a law$er cannot pre&ent practice# he can post bail! %constitutional presumption of innocence' Jeta vs. %alinao, A% :o. P->>?, December >?, ./10 ' - In addition to unauthoriLed practice of law# he falsified his BTR! Tan and Pagayo'an vs. ala&adia, 95 :o. .A/+.1, %arch .=,>??A COURT: absent of o&ert acts openl$ representing himself # the emre document claiming as law$er is not unauthoriLed practice of law! SThe mere representation that one is a law$er does not constitutes unauthoriLed practice of law# must show / ERT acts e!g holding office# representing oneself as law$er Aguirre v. 5ana =?@ "!5A @=> ,>??@$ot et a (a6 e" @ $ot et #&9$e3 t%e "o((# o) atto"$e but represented himself

CANON 10 < A LAWYER OWES CANDOR+ FAIRNESS AND GOOD FAITH TO THE COURT @ O>#e"5e Ca$3o"+ Fa&"$e## a$3 Goo3 Fa&t% Rule <H!H< 1 a law$er shall not do an$ falsehood# nor consent to the doing of an$ in court; nor shall be mislead or allow the .ourt to be mislead b$ an$ artifice! Rule <H!H2 1 A law$er shall not +nowingl$ mis0uote or misrepresent the contents of a paper# the language or the argument of opposing counsel# or the te3t of a decision or authorit$# or +nowingl$ cite as a law a pro&ision alread$ rendered inoperati&e b$ repel or amendment or assert as a fact that which has not been pro&ed! Rule <H!HE 1 A law$er shall obser&e the rules of procedure and shall not misuse them to defeat the ends of 5ustice! Truthfulness Towards the .ourt 1 Rules <H!H< .anon E2 #."E %aligaya vs Atty. Donorilla Dr. A! :o. A./0, "eptember .+,>??A - Agreement to withdraw the case %anuel ". "ebastian vs Atty. Amily A. a&ar, A! :o. @1@.,"eptember 1, >??1 Instance where he was as+ed pleadings but instead of doing the re5oinder it too+ him 2H months comment F months! What do $ou do if $ou can:t ma+e the time? As+ motion for the court to ma3imiLe $ou time 9 e3tension# but ne&er e&er fail to compl$ with the court:s order %abused of court' - The nature of disciplinar$ cases against 5udges are S)I ,ECERIS meaning the$ are uni0ue in character : neither criminal nor ci&il! The nature of the case is that it is part of disciplinar$ power of the court! 7oung v. atuegas =?@ "!5A .>@ ,>??@Slaw$ers here stated that their accused alread$ surrendered with the authorit$! %Reason: the motion for bail won:t be entertained b$ the court on Bec <E# the accused must be in the person w9 authorit$' Atty. !anlas# it is alright to be candid. *n inEuest proceedings ,li'e preliminary investigation but not really, 'een to P.*-, the offender is already caught in the act. ,caught while committing the offenseNin flagrante delicto- ail is not a matter of right. :ot all cases applicable. efore info is filed in court, there is no entitlement to bail because you even donHt 'now the amount, on information yet. Preliminary investigation pa lang, no detainment hence no bail.

Cot to Belegate Wor+ 1 Rule I!H< Boes delegation of legal research constitutes the prohibition? Cot to Bi&ide Legal =ees 1 Rule I!H2 EXCEPT: <! Where there is a pre-e3isting agreement with a partner or associate that# upon the latterPs death# mone$ shall be paid o&er a reasonable period of time to his estate or to persons specified in the agreement 2! Where a law$er underta+es to complete unfinished legal business of a deceased law$er; or E! Where a law$er or law firm includes nonlaw$er emplo$ees in a retirement plan e&en if the plan is based in whole or in part# on a profit sharing agreement! To e&ade the &iolation of this is to fi3 $our fees! Li&auco vs. Atty. Terrado A! :o. A@.1, August @., >??A Plus uilders *nc. vs. Atty. 5evilla Dr. A! :o. 1?+A, "eptember .@, >??A THE LAWYER AND THE COURTS

Cot to >is0uote or >isrepresent .ontents of "aper 1 Rule <H!H2 *nsular Life Employees !o. v. *nsular Life Association @1 "!5A 1 ,./1?- The decision of the court ha&e to be 0uoted ER(ATI># word for word# punctuation b$

punctuation! *ere not onl$ the law$er is in&ol&ed but also the 6udge %he was mislead# relied b$ the submission of the law$er' Wh$ do $ou need to 0uote? @ou need that for $our action# in support of $our theor$ hence the need for &erbatim! @ou are not at libert$ to change! .ourt said in this case: fortunatel$# the wa$ it was mis0uote did not change the tenor of the decision!

o&er Lealous in protecting the interests of our client that we tend to forget t hat we are officers of the court! @ou can criticiLe so long as with the bounds of decenc$# do not impute criticisms! *n the matter of proceedings for disciplinary action against Atty. Almacen *n, 95 :o. >1A+=, $ebruary .0, ./1? - Ssurrendering his law$er:s certificate because he mo&ed for reconsideration # his appeal was dismissed outrightl$ due to technical failure Cot to Attribute to 6udge >oti&es 1 Rule <<!HF - I= $ou are a law$er appealing before 5udge# $ou:ll notice that sometime 5udges appear impartial strict to one part$ but lenient to the other! So if there:s an$ suspicion# $ou can file for motion of inhibition to inhibit the 5udge Asean Pacific Planners et al vs. !ity of 4rdaneta et al, 95 :o..A>+>+, "eptember >@, >??0 Dudge Lacurom vs Atty. Dacoba, A! :o. +/>., %arch .?, >??A ,rie&ances Against 6udge 1 Rule <<!HJ - =ile before Supreme .ourt - If against law$er# file before I(" or directl$ to the Supreme .ourt .onstitution Art III secs! K and << *n the matter of proceedings for disciplinary action against Atty. Almacen *n 95 :o. >1A+=, $ebruary .0, ./1? CANON 12- A LAWYER SHALL EXERT E-ERY EFFORT AND CONSIDER IT HIS DUTY to A##&#t &$ S!ee3 a$3 E))&4&e$t A3'&$&#t"at&o$ o) =1#t&4e @ou are officer of the court hence $ou ha&e the dut$ for speed$ and efficient admin of 5ustice and not dela$! Rule <2!H< 1 A law$er shall not appear in a trial unless he has ade0uatel$ prepared himself with the law and the facts of his case# the e&idence he will adduce and the order of its preference! *e should also be read$ with the original documents for comparison with the copies! Rule <2!H2 1 A law$er shall not file multiple actions arising from the same cause! Rule <2!HE 1 A law$er shall not after obtaining e3tensions of time to file pleadings# memoranda or briefs# let the period lapse without submitting the same or offering an e3planation for his failure to do so! Rule <2!HF 1 A law$er shall not undul$ dela$ a case# impede the e3ecution of a 5udgment or misuse .ourt processes! Rule <2!HJ - A law$er shall refrain from tal+ing to his witness during a brea+ or recess in the trial# while the witness is still under e3amination!T -

/bser&e Rules of "rocedure - Rule <H!HE Rule <EG# Sec! 2H %d' Rules of .ourt CANON 11 < A LAWYER SHALL O.SER-E AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO =UDICIAL OFFICERS AND SHOULD INSIST IN SIMILAR CONDUCT .Y OTHERS @ Re#!e4t Co1"t# a$3 =13&4&a( O))&4e"# Rule <<!H< 1 A law$er shall appear in court properl$ attired! Rule <<!H2 1 A law$er shall punctuall$ appear at court hearings! Rule <<!HE- A law$er shall abstain from scandalous# offensi&e or menacing language or beha&ior before the .ourts! Rule <<!HF 1 A law$er shall not attribute to a 6udge moti&es not supported b$ the record or ha&ing no materialit$ to the case! Rule <<!HJ 1 A law$er shall submit grie&ance against a 6udge to the proper authorities onl$ "roper Attire 1 Rule <<!H< - =or male law$ers# long slee&es or short barong 9 coat and tie ; =or female# 5udges are not strict # business attire! "unctualit$ 1 Rule <<!H2 - ALWA@ (E A*EAB /= TI>E WIT* T*E 6)B,E % important to +now the number of the court or their staff; ,EC R)LE: e&en though the time is set on <Ham or <pm# alwa$s ma+e sure that $ou are present before the 5udge arri&es' "roper Language and (eha&ior 1 Rule <<!HE Atty. arandon Dr. vs. Atty. $errer "r. A! :o. +1A0, %arch >A, >?.? - Sdrun+ and uttered offensi&e language before the court - .ourt: though while law$er:s language should be forceful # it should be empathic and dignified; :g vs. Atty. Alar, A! :o. 1>+>, :ovember >>, >??A Atty !anlas# :L5! # worst &udicial body "angalang v. *A! .11 Phil 01 ,./0/If $ou don:t agree with the decision of the court# there is a recourse for $ou A""EALA *owe&er# sometimes# our emotions ta+e the best of us! We are

Rule <2!HK 1 A law$er shall not +nowingl$ assist a witness to misrepresent himself or to impersonate another! Rule <2!HN 1 A law$er shall not abuse# browbeat or harass a witness or needlessl$ incon&enience him! Rule <2!HG 1 A law$er shall a&oid testif$ing in behalf of his client# e3cept: a' /n formal matters# such as the mailing# authentication or custod$ of an instrument# and the li+e; b' /n substantial matters# in cases where his testimon$ is essential to the ends of 5ustice# in which e&ent he must# during his testimon$# entrust the trial of the case to another counse! Rule <EG Sec! 2H %g' Rules of .ourt 1 It is the dut$ of attorne$s not to encourage suits or dela$ an$ man:s cause from an$ corrupt moti&e or interest! - The ."R encourages law$ers not to commence an$ action unless there:s &alid cause of action! Actuall$# law$ers are en5oined ;not all clients ha&e legal solution so $ou ha&e to tell $our client accordingl$! It will not loo+ good on $ou also! To dela$ an$ man for mone$ or malice %included in law$er:s oath' Ade0uate "reparation 1 Rule <2!H< and Rule <G!H2 - *ow a law$er is read$ in a case? *e +nows the law# 5urisprudence# e&idence and its original cop$! "art of $our dut$ to administer 5ustice is to be prepare e&er$time! SIf $ou are not read$ for $our 5udicial affida&it# filed a motion for but this has conse0uence of penalt$ or pa$ment of fine! De Espino vs Atty. PresEuito, A% :o. A! =1A>, Dune >0, >??= ,M5ight of way- The disbarment case file by a widow from the transaction made by his husband bet the lawyer. Lawyer issued 0 chec's but dishonored and still unpaid. - Be failed to present evidence. - *ssuing bouncing chec's constitute grave misconduct but how did he delayO !ourt allowed his several reEuests. ut he delayed his presentation of evidence and filed for postponement +C. y the own doings of the lawyer, apparently he is delaying it since he has no evidence to present. - *n other case that we discussed on bouncing chec's mostly they are connected with his practice but in this case itHs not, the !ourt said although it is indirectly connected with his practice, the issuance of the chec's constitute grave misconduct and hence can be discipline. =orum Shopping 1 Rule <2!H2 - practice of filing multiple actions on different courts for the purpose of securing a fa&orable relief or 5udgment ! %+a$a nga forum 1 $ou shop 5udgment that $ou thin+ fa&orable sa$o'! - If $ou are denied with $our action $our onl$ remed$ is to file an appeal %so don:t refile pre&iousl$ ad5udicated issue on other courts'

In .i&il cases# %Initiator$ pleading- re0uire that it contains &erification of non forum shopping at the end of the pleading; RES 6)BI.ATA 1 $ou cannot refile the case' In forum shopping# the rules mandate to temper $our client not to litigate! %tell the client immediatel$ if the$ don:t ha&e basis# also when $ou lost if $ou don:t ha&e basis# don:t file an appeal ! If $ou +now $ou are lost with merits# 5ust tell $our client tapos na bo3ing hihiihh

Cot to Bela$ .ase 1 Rule <2!HE - What causes dela$? )nforseeable circumstances such as ;! Atty. )aflor-$abroa vs. Atty. Paguinto, A! :o. A>1@, %arch .+, >?.? - The lawyer here was reEuired to file a comment on the disciplinary case filed against him and also he filed an eCtension of time. Bow did he delayO Be never filed any comment despite being given time. %attus v. )illaseca, A.!. :o. 1/>>. 3ctober ., >?.@ 7ou cannot charge for appearance fees if you are the the cause for the non-appearance.

Cot Bela$ /r Impede The E3ecution /f 6udgment or >isuse .ourt "rocess 1 Rule <2!HF ugaring and 5 * vs Bon Espanol, 95 :o. .@@?/?, Danuary./, >??. ,M7345 B3:35 PLEA"E- Mrespondent lawyer committed contempt of court - LawyerHs action is anathema in the disposition of &ustice. Do not tal' when the &udge is tal'ing nor the other lawyers. Apparently, thatHs what happened here. ,mas marami daw sya alam 'ay &udge - 3bviously, he was inciting the &udge. %anila Pest !ontrol vs 6!! >+ "!5A 1?? ,./A0A decision from 6!! was rendered. !ontention of petitioner# they were not given copy of the decision hence violation of due process %alonGo v. Principe ==1 "!5A . ,>??=There was eCpropriation case. 5eason why opposing the appearance of Atty. Principe ,he was not hired- ; ecause apparently he was not authoriGed to represent the landowners. ,!ontract of fewBow did he cause the delayO ,.- not properly authoriGe ,>- he filed several motions N pleadings that will cause delay in the actual payments of the landowners

"roper (eha&ior; Law$er Shall Cot *arass Witness 1 Rule <2! HJ 1 Rule <2!HN "amba&on et al. vs Atty. "uing, A! :o 1?A>, "eptember >A, >??A - 6hy is there misrepresentationO Be made it appear that the complainant signed the Euitclaims.

There is a labor case filed against the employer represented by Att. "uing = of 1 of the complainants come in the Labor arbiter manifest their withdrawal of complaint against respondent lawyer. ut what happened here that Atty. "uing made it appear that they were the actual complainants.

, same what happened during the Bacienda Luista case, parties there surrounded the ".!*n re de )era @0+ "!5A >0+ ,>??@ThereHs pending case assailing constitutionality of Plundr Law ,Estarda vs "andiganbayanDe vera apparently published articles in the newspaper regarding the said case ,contemptuous"tatements made by De )era is li'e pre-empting the decision of the !ourt

"B <G2I "enaliLing /bstruction of 6ustice - an$thing that impedes 5ustice 9 can be committed b$ interference 9 committed b$ 2 stages 9 appl$ onl$ to criminal cases Cot to Testif$ on (ehalf of .lient 1 Rule <2!HG - A law$er shall refrain to testif$ in behalf of his client e3cept: <' on formal matters 2'substantial matters - RATI/CALE: $ou will of course testif$ in fa&or of $our client9 there:s conflict in $our roles9 if $ou:re law$er- $ou:re an ad&ocate # if witness 1 state onl$ facts - Ce&er call a law$er to the witness stand! P: v. 4y Teng Piao +1 "!5A @@1 ,./@>6hy was the lawyer not allowed to testifyO ,./@> decision, :3 !P5 yet but the !ourt said that if he will testify he have to withdraw from the management of the cause. ThereHs no prohibition but it is preferable that the lawyer can appear only one role.-

Co E3traordinar$ Attention 1 Rule <E!H< Co "ublic Statements to >edia 1 Rule <E!H2 - Rule on Sub5udice 9 no public statement to media that will influence the public 9 borrowed from American 5urisprudence : In )!S# trial b$ 5ur$ that:s wh$ stataement to public is prohibited which ma$ be heard b$ the 5ur$! !ruG v. "alva .?+ Phil ..+. ,./+/Preliminary *nvestigation must be conducted on fiscalHs office and not by public session hall.

%artelino v. Ale&andro @> "!5A .?A ,./1?,MDabidah %assacre*n re 5eEuest 5adio T) !overage @A? "!5A >=0 ,>??.- 6hat is not allowed is the recording what transpires in the court room. Bere, petitioners are allowed with certain conditions# ,.- must show the entirety of proceedings Mno selective ,>- camera must be installed inconspicuously ,@- for documentary purposes only - 6hat is sought to be preventedO T5*AL 7 P4 L*!*T7 $oodsphere, *nc. vs Atty. %auricio Dr., A! :o. 1.//, Duly >>,>??/ ,M !D3 L*)E5"P5EAD DE6EL A 7P*LT3"- The language employed by respondent undoubtedly casts aspersions on the integrity of the 3ffice of the !ity Prosecutor and all the Prosecutors connected with said 3ffice. 5espondent clearly assailed the impartiality and fairness of the said 3ffice in handling cases filed before it and did not even design to submit any evidence to substantiate said wild allegations. The use by respondent of the aboveEuoted language in his pleadings is manifestly violative of !anon .. and the fundamental !anon . also of the !ode of Professional 5esponsibility, which mandates lawyers to Puphold the !onstitution, obey the laws of the land and promote respect for law and legal processes.Q 5espondent defied said status Euo order, despite his ,respondentHs- oath as a member of the legal profession to Pobey the laws as well as the legal orders of the duly constituted authorities.Q Cot to In&ite /utside Interference 1 Rule <E!HE

But$ to inform of client:s death and change of counsel:s address Rules of .ourt# Rule E# Section <K - To inform the court w9in EH da$s from the fact thereof - @ou also ha&e a dut$ to inform the court if $ou change $our address CANON 1,- A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANU IMPROPRIETY WHICH TENDS TO INFLUENCE+ OR GI-ES THE APPEARANCE OF INFLUENCING THE COURT - REAS/C: court must ha&e to act impartialit$# must decide with the merits! If a law$er is seen together with the 5udge# there will be suspicion! - Att$! .anlas: 6ustices are most reclusi&e people % than >on+s ' Rule <E!H< 1 A law$er shall not e3tend e3traordinar$ attention or hospitalit$ to# nor see+ opportunit$ for# culti&ating familiarit$ with 5udges! Rule <E!H2 1 A law$er shall not ma+e public statements in the media regarding a pending case tending to arouse public opinion or against a part$! Rule <E!HE 1 A law$ers hall not broo+ or in&ite interference b$ another branch or agenc$ of the go&ernment in the normal course of 5udicial proceedings! :estle Phil. ). "ancheG .+= "!5A +=> ,./01-

%aglasang v. People ./? "!5A @?A ,.//?- The lawyer mailed his petition for certiorari , of course it will be dismissed for non compliance of proper procedures- Bow was this violativeO The lawyer personally wrote letter to President alleging that &udges are cronies of %arcos. - Are you allowed to criticiGe the courtO Punctual statement is allowed but not constructive criticism because it will create notion of bias. - Dustice randeis# the "! is final not because infallible but because they has the final say on the matter. - ,!3)E5A9E# "TA5T ; %A9LA"A:9-