36

INTRODUCTION TO LAW

(4) The Supreme Court, III order to further the State's

legitimate interest in elevating the quality of professional services,
may require that the cost of improving the profession in this fashion
be shared by the subjects and beneficiaries of the regularity program
- the lawyers.
(5) And because it is a new regulation in exchange for new
benefits, it is not retroactive, it is not unequal, it is not unfair. (In re
Integration ofthe Bar ofthe Philippines, 22 SeRA 22-28-31,1978; In
re Edilion, A.M. No. 1928, August 3, 1978)

Chapter V

CODE OF PROFESSIONAL RESPONSIBILITY

BACKGROUND

In 1917, the Philippine Bar Association adopted Canons 1 to 32

of the Canons of Professional Ethics ofthe American Bar Association .
In 1946, it adopted Canons 33 to 47 of the Canons of Professional
Ethics of the American Bar Association. These Canons served as
the ethical rule that were followed and enforced by the courts, and
which were observed as guiding principles of the lawyers, the courts,
the Bar, and the public to ensure that due respect is given to the law
profession.
In 1980, the Integrated Bar of the Philippines adopted a
Code of Professional Responsibility. It was submitted later to the
Supreme Court for approval. On June 21, 1988, the Supreme Court
promulgated the Code of Professional Responsibility.
THE CODE OF PROFESSIONAL RESPONSIBILITY IS BINDING
UPON ALL LAWYERS

The Code has twenty-two (22) Canons, thus:

Canon 1

- A lawyer shall uphold the constitution, obey

the laws of the land and promote respect for
law and for legal processes.

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.

Canon 3

- A lawyer in making known his legal services

shall use only true, honest, fair, dignified and
objective information or statement offacts.
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CHAPTER V
CODE OF PROFESSIONAL RESPONSmILITY

INTRODUCTION TO LAW

38

Canon 4

A lawyer shall participate in the improvement

of the legal system by initiating or supporting
efforts in law reform and in the improvement of
the administration of justice.

Canon 5

A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high
standards in law schools as well as in the practical training oflaw students and assist in disseminating information regarding the law and
jurisprudence.
These canons shall apply to lawyers in government service in the discharge of their official
tasks.

Canon 6

Canon 7

A lawyer shall at all times uphold the integrity

and dignity of the legal profession and support
the activities of the integrated bar.

Canon 8

A lawyer shall conduct himself with courtesy,

fairness and candor toward his professional

colleagues, and shall avoid harassing tactics
against opposing counsel.
Canon 9

A Iawyer shall observe candor, fairness and

loyalty in all his dealings lLT1d transactions
with his client.

Canon 15

Canon 16

- A lawyer shall .hold in trust all moneys and

properties of his client that may come into his
possession.

Canon 17

- A lawyer owes fidelity to the cauee of his

client and he shall be mindful of the trust and
confidence reposed in him.

Canon 18

A lawyer shall serve his client with competence

and diligence,

Canon 19

A lawyer shall represent his client with zeal

within the bounds of the law.

Canon 20

A lawyer shall charge only fair and reasonable

fees.

Canon 21

A lawyer shall preserve the confidences and

secrets of his client even after the attorneyclient relation is terminated.

Canon 22

- A lawyer shall withdraw his services only for

good cause and upon notice appropriate in the
circumstances.

- A lawyer shall not, directly or indirectly, assist

in the unauthorized practice oflaw.

Canon 10

A lawyer 0wes candor, fairness and good faith

to the court.

Canon 11

- A -lawyer shall observe and maintain the

respect due to the courts and 1.0 judicial officers
and should insist on similar conduct by others.

BASIS:
1.

Rule 138, Section 2, Revised Rules of Court

- .-\. lawver shall exert every effort and consider

it his duty to assist in the speedy and efficient
administration of justice.

2.

Canon 1, Rule 1.01

Canon 12

Canon 13

A lawyer shall rely upon the merits of hUI

cause ~nd refrain from an y impropriety which
tends to influence, or gives the appearance of
influencing the court.

~4

A lawyer shall not reiuse his services to the

need y.

Canou

39

GOOD MORAL CHARACTER IS THE CORNERSTONE OF THE

CeDE OF PROFSSIONAL RESPONSIBILITY

They provide as follows:

Rule 138, Sec. 2.
"Section 2. Requirements for all applicants for admission
to the Bar. - Every applicant for admission as a member of
the bar must be citizen of the Philippinec, at least twenty-one
(21) years of age, of good moral character, and a rosident of
the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character and that no

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INTRODUCTION TO LAW

charges against him, involving moral turpitude, have been

filed or are pending in any court in the Philippines."

Canon 1, Rule 1.01

"Canon 1. A lawyer shall uphold the constitution, obey

the laws of the land and promote respect for law and for legal
processes."
"Rule 1.01. A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct,
TO GIVE TEETH TO RULE 138, THE REVISED RULES OF COURT
f'ROVIDES THE FOLLOWING IN RULE 138, SECTION 27, THUS:

"Section 27. Attorneys removed or suspended by Supreme

Court on what grounds. - A member of the bar may be removed or
suspended from his office as attorney by the Supreme Court for any
deceit, malpractice, or other gross misconduct in such office, grossly
immoral conduct, or by reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required
to take before the admission to practice, or for a willful disobedience
of any lawful order of a superior court, or for corruptly or willfully
appearing as an attorney for a party to a case without authority to
do so. The practice of soliciting cases at law for the purpose of gain,
either personally or through paid agents or brokers, constitutes
malpractice.
GOOD MORAL CHARACTER IS NOT ONLY A REQUISIIE TO
ADMISSION TO THE PRACTICE OF LAW, BUT IT IS ALSO A
CONT~NUING CONDITION TO REMAIN AS A MEMBER OF THE
LEGAL PROFESSION

It is a continuing requisite and condition for a lawyer to remain

as a member of the legal profession for they are always required to
conform to the highest standards of morality. At anytime, or when
a Iawye; commits a wrongdoing which indicates the moral unfitness
for the profession, whether it be professional or non-professional,
justifies disciplinary action. (Emilio Grande vs. Atty. Evangeline De
Silva, A.C. No. 4838, July 29, 2003)

In B.M. No. 1154, June 8, 2004, entitled "In the matter of

the Disqualification of Bar Examinee Haren S. Meling in the 2002
Bar Examinations and for Disciplinary Action as a member of the
Philippine Shari'a Bar," the Supreme Court said.

CHAPrERV
CODE OF PROFESSIONAL RESPONSmILrrY

41

Practice of law is not a right, but a privilege bestowed

upon in.dioidual who are not only learned in the law, but who
are also known to possess good moral character. RespOndent's
concealment speaks ofhis lack ofgood moral, character and
results in the forfeiture 01 the privilege bestowed on him as a
member ofthe Shari'a Bar. - Practice oflaw, whether under the
regular or the Shari'a Court, is not a matter of right but merely a
privilege bestowed upon individuals who are not only learned in the
law but who are also known to possess good moral character. The
requirement of good moral character is not only So condition precedent
to admission to the practice of law, its continued possession is also
fer remaining in the practice oflaw.
The standard form issued in connection with the application
to take 2002 Bar Examinations requires the applicant to aver
that he or she "has not been charged with any act or omission
punishable by law, rule or regulation before a fiscal, judge, officer
or administrative body, or indicted for, or accused or convicted
by any court or tribunal of, any offense or crime involving moral
turpitude; nor is there any pending case or charge against him/her."
Despite the declaration required by the form, Meling did not reveal
that he has three (3) pending criminal cases. His deliberate silence
constitutes concealment, done under oath at that. (In the Matter of
the Disqualification of Bar Examinee Helton S. Meling, B.M. No .
1154, June 8, 2004)
The disclosure requirement is imposed by the Court to determine
whether there is satisfactory evidence of good moral character of
the applicant. The nature of whatever cases are pending against
the applicant would aid the Court in determining whether he is
endowed with the moral fitness demanded of a lawyer, By concealing
the existence of such cases, the applicant then flunks the test of
fitness even if the cases are ultimately proven to be unwarranted
or insufficient to impugn or affect the good moral character of the
applicant.
Meling's concealment of the fact that there are three (3)
pending criminal cases against him speaks ofhis lack ofthe requisite
good moral character and results in the forfeiture of the privilege
bestowed upon him as a member of Shari'a Bar.
THE REQUIREMENT OF GOOD MORAL CHARACTER HAS THREE
(3) OSTENSIBLE PURPOSES

These purposes are:

J..

To protect the public;

INTRODUCTION TO LAW

42

2.

To protect the public image oflawyers; and

3.

To protect prospective clients (Dentes vs. Dentes, A.C.

6486, Sept. 22, 2004)

CHAPrERV
CODE OF PROFESSIONAL RESPONSIBIUTY

at ~e ins~ce of any per:son, initiate and prosecute proper charges

against erring attorneys mcluding those in the government service.
Six (6) copies of the verified complaint shall be filed with the
Secretary of any ofits chapters who shall forthwith transmit the same
to the ffiP Board of Governors for assignment to an investigator.

WHAT IS THE CONCEPT OF GOOD MORAL CHARACTER?

There is no exact definition of the term "good moral character."

It has been held that moral character is what a person really is, as
distinguished from good reputation or from the opinion generally
entertained of him, the estimate in which he is held by the public
in the place where he is known. Moral character is not a subjective
term but one which corresponds to objective reality. The standard of
personal and professional integrity ic not satisfied by such conduct
as merely entitles the person to escape the penalty of criminal law.
Good character includes at least common humility. (Royong vs.
Oblema, 7 SCRA 859)

LEOPOLDO V. CREDITO, ET AL. vs,

ATTY. SALVADOR T. SABIO
Oct. 19. 2005

FACTS:
The labor arbiter ordered the reinstatement of the employee!
laborers of Binalbagan Isabela Sugar Company (Biscom) and
awarded to them the amount ofP9,679,133.38 as total backwages.
The NLRC reversed the said decision which prompted the
complainants, led by Credito, to ask Atty. Salvador T. Sabio, to
file a petition for certiorari with the Supreme Court. Complainants
collected amounts from members ranging from P30 to PlOO each to
defray the expenses in filing the petition.

The requirement of good character is of much greater import,

as far as the general public is concerned, than the possession of
the legal learning. Lawyers are expected to abide by the tenets of
morality, not only upon admission to the Bar but also throughout
their legal career, in order to maintain one's good standing in that
exclusive and honored fraternity. Good moral character is more than
just the absence of bad character. Such character expresses itself in
the will to do the unpleasant thing if it is right, and the resolve not
to do the pleasant thing if it is wrong. This must be so because Vast
interests are committed to his care; he is the recipient ofunbounded
trust and confidence; he deals with the client's property, reputation,
his life, his all." (Cordon vs. Balicanta, A.C. No. 2797, Oct. 4, 2002)
DISBARMEiU AND DISCIPLINE OF ATTORN::;VS; HOW IS THIS
CONSTITUTED?

SECTION 1 (RULE 139-B)-Proceedings for the disbarment,

suspension or discipline of attorneys may be taken by the Supreme
Court motu proprio, or by the Integrated Bar of the Philippines
(lBP) upon the verified complaint of any person. The complaint
shall state clearly and concisely the fact, complained of and shall be
supported by affidavits of persons having personal knowleuge of the
facts therein alleged and/or by such documents as may substantiate
s.Jd facts.
Th~ loP Board lJ~ Governors may, motu proprio or unon
referral by the Supreme Court or by a Chanter Board of Officers, or

43

However, the Court dismissed the petition on March 2 1992

for failure to pay the proper docket and filing fees and for lack of the
required certification against forum shopping. Respondent allegedly
did not tell petitioners of the dismissal for three (3) years.

I)
f
I

Complainants sought the disbarment of respondent for

negligence of duties. The matter was 1'P.ferred to the IBP which
init1all~ found respondent guilty of simple neghgance and illegal
and unjust actuations as a practicing lawyer for which the penalty
of2-year suspension was recommended. The IBP Board of Directors
reduced the penalty to a "warning" that a similar offense in the
future would be dealt with more severely.

HELD:

,
I

.1.
Canon 17 of the Code of Professional Responsibility
!'roVldes that lawyers owe fidelity to the cause o[ their clients
and must therefore be always mindful of the trust and confidence
reposed in them. Under Canon 18, they are mandated to serve their
~lients with competence and diligence. Specifically, they are not to
. neglect a ~ega! m&tt~~ entrusted to (them), and (their) negligence
m connectIon. therowith shall render (thPTU) liable ." Additionally
they are required to keep their clients informed of the status of the
I

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INTRODUCTION TO LAW

latter'R cases and to respond within a reasonablo tim~ to rl'qllest.

for information Even before joining the Bar, lawyers subscribe to
an oath to conduct themselves "with all good fidelity as well to the
courts as to their clients."

2. The dismissal of complainants' petition before the

Supreme Court was due to the failure of respondent to pay the
total revised docket and other legal fees as well as to attach the
required certification on forum shopping. He attempted to rectify
those procedural lapses by filing a Motion for Reconsideration.
Nonetheless, there is no denying the fact that he overlooked basic
procedural requirements that a normally prudent practitioner could
and should not have left unattended, especially when the rights
sought to be protected were those of the underprivileged like the
present complainants.
3. Lawyers engaged to represent clients in a case bear the
responsibility of protecting the latter's interest with warmth, zeal
and utmost diligence. They must constantly keep in mind that their
actions or omissions would be binding on the clients.
4. In Garcia us. Atty. Manuel, bad faith was ascribed to a
lawyer for failing to inform the client of the status of a case. In view
of their highly fiduciary relationship with their counsel, clients have
every reason to expect from the former periodic and full updates on
case developments.
DISPOSITION:

Atty. Sabio was found guilty of violating Canons 17 and 18

of the Canons of Professional Responsibility and for which he was
SUSPENDED from the practice oflaw for one (1) year effective upon
receipt of decision, with stern warning that similar acts in the future
will be dealt with more severely.

Chapt~rVl

PERSONS
CONCEPT OF A PERSON

In Roman law, a person is one who is capable to exercise

ownership and legal rights and to incur and contract obligations.
Under this concept, a slave is not considered a person he being merely
regarded then as a chattel, a thing that can be sold or disposed of at
the discretion of the master. Hence, a slave does not have the legal
capacity to exercise ownership and to incur and contract obligations.
The old and the new Constitutions of the Philippines, on
the other hand, guarantee aqua! protection of the laws and this
means that no persons or class of person, whether rich or poor and
regardless of his religious belief and political persuasion shall be
denied the same protection of the laws which is enjoyed' by other
persons or other classes of persons in the same place and in like
circumstances. Special favor or privilege for any individual or class
is prohibited. (Sec. 1, Art. Ill, 1987 Constitution)
Under the New Civil Code, a person may be a natural or a
juridical person. A natural person refers to a human being and a
juridical person refers to any of the following:
(1)

The state and its political subdivision;

(2)

Other corporations, institutions and entities for public

interest or purposes, created by law;

(3)

?orporations, partnerships and associations for private

mterest or purpose to which the law grants a juridical
personality, separate and distinct from that of each
shareholder, partner or member. (Art. 44, NCC)

CAPACITY

III Roman law, legal capacity is referred to as full proprietary

capacity. To have this kino of capacity, a :iulllan bein must be tree ,

45