LEGAL ETHICS is a branch of moral

who are licensed officers of the courts,

science, which treats of the duties which

empowered to appear prosecute and

an attorney owes to the court, to the

defend and upon whom peculiar duties,

client, to his colleagues in the profession

responsibilities, and liabilities are

and to the public as embodied in the

developed by law as a consequence(Cui

Constitution, Rules of Court, the Code of

v. Cui, 120 Phil. 729).

Professional Responsibility, Canons of

Attorney in fact an agent whose

Professional Ethics, jurisprudence, moral

authority is strictly limited by the

laws and special laws.

instrument appointing him, though he

Original Bases of Legal Ethics:

1. Canons of Professional Ethics
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications

may do things not mentioned in his

Present Basis of the Philippine Legal

System: Code of Professional
Responsibility.
BAR V. BENCH
BAR Refers to the whole body of
attorneys and body of judges.
BENCH denotes the whole body of
counselors, collectively the members of

appointment necessary to the

performance of the duties specifically
required of him by the power of attorney
appointing him, such authority being
necessarily implied. He is not necessarily
a lawyer.
Counsel de Oficio a counsel, appointed
or assigned by the court, from among
members of the Bar in good standing
who, by reason of their experience and
ability, may adequately defend the
accused.
Note: In localities where members of the

the legal profession.

Bar are not available, the court may

Practice of Law any activity, in or out

province and good repute for probity and

of court which requires the application of

ability, to defend the accused. Sec. 7,

law, legal procedure, knowledge, training

Rule 116, Rules of Court.

and experience. To engage in the

Attorney ad hoc a person named and

practice of law is to give notice or render

appointed by the court to defend an

any kind of service, which or devise or

absentee defendant in the suit in which

service requires the use in any degree of

the appointment is made (Bienvenu v.

legal knowledge or skill (Cayetano v.

Factors of Traders Insurance Cp.,

Monsod, 201 SCRA 210).

33 La.Ann.209)

Attorney-at-law/Counsel-at-

Attorney of Record one who has filed a

law/Attorney/Counsel/

notice of appearance and who hence is

Abogado/Boceros: that class of persons

formally mentioned in court records as

appoint any person, resident of the

the official attorney of the party. Person

The Supreme Court has the power to

whom the client has named as his agent

control and regulate the practice of law.

upon whom service of papers may be

Thus, the Constitution, under Article

made.

VIII, Sec. 5 (5) provides:

(Reynolds v. Reynolds, Cal.2d580).

Sec. 5. The Supreme

Of Counsel to distinguish them from

Court shall have the following powers:

attorneys of record, associate attorneys

(5) Promulgate rules concerning the

are referred to as of counsel (5 Am.

protection and enforcement of

Jur. 261).

constitutional rights, pleading, practice

Lead Counsel The counsel on their side

and procedure in all courts, the

of a litigated action who is charged with

admission to the practice of law, the

the principal management and direction

Integrated Bar, and legal assistance to

of a partys case.

the under privileged.

House Counsel Lawyer who acts as

The Supreme Court acts through a Bar

attorney for business though carried as

Examination Committee in the Exercise

an employee of that business and not as

of his judicial function to admit

an independent lawyer.

candidates to the legal profession.

Bar Association an association of

possession of the academic degree of

The Bar Examination Committee:

Composed of (1) member of the

Supreme Court who acts as Chairman
and eight (8) members of the bar.

The 8 members act as examiners for

the 8 bar subjects with one subject
assigned to each.

The Bar Confidant acts as a sort of

liason officer between the court and
the Bar Chairman on the other hand,
and the individual members of the
committee on the other. He is at the
same time a deputy clerk of court.

Admission of examinees is always

subject to the final approval of the
court.

Bachelor of Laws but membership in the

Practice of Law

Bar after due admission thereto,

The practice of law is a privilege granted

qualifying one for the practice of law.

only to those who possess the STRICT

Admission to the Practice of Law

INTELLECTUAL AND MORAL

members of the legal profession.

Advocate The general and popular
name for a lawyer who pleads on behalf
of someone else.
Barrister (England) a person entitled
to practice law as an advocate or counsel
in superior court.
Proctor (England) Formerly, an attorney
in the admiralty and ecclesiastical courts
whose duties and business correspond to
those of an attorney at law or solicitor in
Chancery.
Titulo de Abogado it means not mere

QUALIFICATIONS required of lawyers who

are instruments in the effective and

Non-lawyers who may be authorized to

efficient administration of justice. (In

appear in court:
1. Cases before the MTC: Party to the
litigation, in person OR through an
agent or friend or appointed by him
for that purpose (Sec. 34, Rule 138,
RRC)
2. Before any other court: Party to the
litigation, in person (Ibid.)
3. Criminal case before the MTC in a
locality where a duly licensed
member of the Bar is not available:
the judge may appoint a non-lawyer
who is:
1.
resident of the province
2.
of good repute for probity
and ability to aid the accused
in his defense (Rule 116, Sec.
7, RRC).
4. Legal Aid Program A senior law
student, who is enrolled in a
recognized law schools clinical
education program approved by the
supreme Court may appear before
any court without compensation, to
represent indigent clients, accepted
by the Legal Clinic of the law
school. The student shall be under
the direct supervision and control of
an IBP member duly accredited by
the law school.
5. Under the Labor code, non-lawyers
may appear before the NLRC or any
Labor Arbiter, if
1.
they represent themselves,
or if
2.
they represent their
organization or members

Re: Argosino, 1997).

Requirements for admission to the Bar:
1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme
court satisfactory evidence of:
1.
good moral character
2.
no charges against him,
involving moral turpitude, have
been filed or are pending in
any court in the Philippines.
Requirement of Good Moral
Character: a continuing requirement;
good moral character is not only a
condition precedent for admission to the
legal profession, but it must also remain
intact in order to maintain ones good
standing in that exclusive and honored
fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1. a bachelors degree in arts and
sciences (pre-law course)
2. a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law
6.
political law
7.
labor and social legislation
8.
medial jurisprudence
9.
taxation
10. legal ethics

thereof (Art 222, PO 442, as

amended).
6. Under the Cadastral Act, a nonlawyer can represent a claimant
before the Cadastral Court (Act no.
2259, Sec. 9).

Public Officials who cannot engage in

the private practice of Law in the
Philippines:
1. Judges and other officials as
employees of the Supreme
Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the
OSG (Ibid.)
3. Government prosecutors (People v.
Villanueva, 14 SCRA 109).
4. President, Vice-President, members
of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987
Constitution).
5. Members of the Constitutional
Commission (Art IX-A, Sec. 2, 1987
Constitution)
6. Ombudsman and his deputies (Art.
IX, Sec. 8 (2nd par), 1987
Constitution)
7. All governors, city and municipal
mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law
Public Officials with Restrictions in the
Practice of Law:
1. 1.
No Senator as member of the
House of Representative may
personally appear as counsel before
any court of justice as before the
Electoral Tribunals, as quasi-judicial
and other administration

bodies (Art. VI, Sec. 14, 1987

Constitution).
2. Under the Local Government
Code (RA 7160, Sec. 91)Sanggunian
members may practice their
professions provided that if they are
members of the Bar, they shall not:
1.
appear as counsel before
any court in any civil case
wherein a local government
unit or any office, agency, or
instrumentality of the
government is the adverse
party;
2.
appear as counsel in any
criminal case wherein an
officer or employee of the
national or local government is
accused of an offense
committed in relation to his
office;
3.
collect any fee for their
appearance in administrative
proceedings involving the local
government unit of which he is
an official;
4.
use property and personnel
of the government except
when the Sanggunian member
concerned is defending the
interest of the government.
3. Under RA 910, Sec. 1, as amended,
a retired justice or judge receiving
pension from the government,
cannot act as counsel in any civil
case in which the Government, or
any of its subdivision or agencies is
the adverse party or in a criminal
case wherein an officer or employee

of the Government is accused of an

offense in relation to his office.

Attorneys Oath:
I, __________________, do

Code of Professional Responsibility

Chapter 1:
Lawyer and Society
CANON 1 A lawyer shall uphold the

solemnly swear that I will maintain

constitution, obey the laws of the land

allegiance to the Republic of the

and promote respect for law and for

Philippines; I will support its

legal processes

Duties of Attorneys:
1. to maintain allegiance to the
Republic of the Philippines and to
support the Constitution and obey
the laws of the Philippines;
2. to observe and maintain the respect
due to the courts of justice and
judicial officers;
3. to counsel or maintain such actions
or proceedings only as appear to him
as just, and such defenses only as he
believes to be honestly debatable
under the laws;
4. 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;
5. 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
clients business except from him or
with his knowledge and approval;
6. to abstain from all offensive
personality and to advance no fact
prejudicial to the honor or
reputation of a party or witness,

constitution and obey the laws as well as

the legal orders of the duly constituted
authorities therein; I will do no
falsehood, nor consent to the doing of
any in court; I will not willingly nor
wittingly promote or sue any groundless,
false or unlawful suit, or give aid nor
consent to the same; I will delay no man
for money or malice, and will conduct
myself as a lawyer according to the best
of my knowledge and discretion, with all
good fidelity as well to the court as to
my clients; and I impose upon myself
this voluntary obligations without any
mental reservation or purpose of
evasion. So help me God. (Form 28,
RRC)
Nature of Lawyers Oath

The lawyers oath is not mere facile

words, drift and hollow, but a sacred
trust that must be upheld and kept
inviolable. (Sebastian vs. Calis,
1999)

It 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 made when taking the
lawyers oath. (In Re: Argosino,
1997, In Re: Arthur M. Cuevas,
1998).

unless required by the justice of the

cause with which he is charged;
7. not to encourage either the
commencement or the continuance
of an action or proceeding, or delay
any mans cause for any corrupt
motive or interest;
8. never to reject, for any
consideration personal to himself,
the cause of the defenseless or
oppressed;
9. in the defense of a person accused
of a 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.

Rule 1.01 A lawyer shall not engage in

Moral Turpitude: any thing that is

done contrary to justice, honesty,

modesty or good morals.
Immoral Conduct: that conduct

which is willful, flagrant, or

shameless and which shows a moral
indifference to the opinion of the
good and respectable members of
the community (Arciga vs. Maniwag,
106 SCRA 591).
Grossly Immoral Conduct: 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; it is
a WILLFUL, FLAGRANT or SHAMELESS
ACT which shows a MORAL
INDIFFERENCE to the opinion of
respectable members of the
community. (Narag vs. Narag, 1998)

unlawful, dishonest, immoral or

Rule 1.02 A lawyer shall not counsel or

deceitful conduct.

Conviction for crimes involving

moral turpitude a number of
lawyers have been suspended or
disbarred for conviction of crimes
involving moral turpitude such as:
1. estafa
2. bribery
3. murder
4. seduction
5. abduction
6. smuggling
7. falsification of public documents

Morality as understood in law

This is a human standard based on
natural moral law which is embodied
in mans conscience and which
guides him to do good and avoid evil.

abet activities aimed at defiance of the

law or at lessening confidence in the
legal system.
Rule 1.03 A lawyer shall not, for any
corrupt motive or interest, encourage
any suit or proceeding or delay any
mans cause.
Rule 1.04 A lawyer shall encourage his
clients to avoid, end or settle the
controversy if it will admit of a fair
settlement.

If a lawyer finds that his clients

cause is defenseless, it is his
burden/duty to advise the latter to
acquiesce and submit, rather than
traverse the incontrovertible.

It is unprofessional for a lawyer to

volunteer advice to bring a lawsuit,

except in rare cases where the

blood, relationship or trust makes it
his duty to do so.
Temper clients propensity to

litigate.
Should not be an instigator of

controversy but a mediator for

concord and conciliator for
compromise.
The law violated need not be a

penal law. Moral Turpitude

everything which is done contrary to
justice, honesty, modesty or good
morals.
Give advice tending to impress upon

the client and his undertaking exact

compliance with the strictest
principles of moral law.
Until a statute shall have been

construed and interpreted by

competent adjudication, he is free
and is entitled to advise as to its
validity and as to what he
conscientiously believes to be its just
meaning and extent.
A lawyer has the obligation not to

encourage suits. This is so as to

prevent barratry and ambulance
chasing.
Barratry offense of frequently

exciting and stirring up quarrels and

suits, either at law or otherwise;
Lawyers act of fomenting suits
among individuals and offering his
legal services to one of them.
Ambulance Chasing Act of chasing
victims of accidents for the purpose
of talking to the said victims (or
relatives) and offering his legal
services for the filing of a case

against the person(s) who caused the

accident(s).

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 oppressed.
Rule 2.02 In such a case, even if a
lawyer does not accept a case, he shall
not refuse to render legal advise to the
person concerned if only to the extent
necessary to safeguard latters rights.
Rule 2.03 a lawyer shall not do or
permit to be done any act designed
primarily to solicit legal business.

Primary characteristics which

distinguish the legal profession from
business;
1. duty of service, of which the
emolument is a by product, and in
which one may attain the highest
eminence without making such
money;
2. a relation as an officer of court to
the administration of justice
involving thorough sincerity, integrity
and reliability;
3. a relation to clients in the highest
degree of fiduciary;
4. a relation to colleagues at the bar
characterized by candor, fairness and

unwillingness to resort to current

business methods of advertising and
encroachment on their practice or
dealing with their clients.
Defenseless not in the position to

defend themselves due to poverty,

weakness, ignorance or other similar
reasons.
Oppressed victims of acts of

2.

3.

cruelty, unlawful exaction,

domination or excessive use of
authority.

Rule on Advertisements

General Rule: No advertisements

allowed. The most worthy and
effective advertisement possible is
the establishment of a well-merited
reputation for professional capacity
and fidelity to trust.

4.

Lawyers may not advertise their services

or expertise nor should not resort to
indirect advertisements for professional
employment, such as furnishing or

5.

brief biographical and informative

data, are allowed.
Ordinary simple professional Card.
It may contain only a statement of
his name, the name of the law firm
which he is connected with, address,
telephone number and the special
branch of law practiced.
A simple announcement of the
opening of a law firm or of changes
in the partnership, associates, firm
name or office address, being for the
convenience of the profession, is not
objectionable.
Advertisements or simple
announcement of the existence of a
lawyer or his law firm posted
anywhere it is proper such as his
place of business or residence except
courtrooms and government
buildings.
Advertisements or announcement in
any legal publication, including
books, journals, and legal magazines.

inspiring newspaper comments, or

Rule 2.04 A lawyer shall not charge

procuring his photograph to be published

rates lower than those customarily or

in connection with causes in which the

prescribed, unless circumstances so

lawyer has been engaged or concerning

warrant.

A lawyer cannot delay the approval

of a compromise agreement entered
into between parties, just because
his attorneys fees were not provided
for in the agreement.

Rule: A lawyer cannot compromise

the case without clients consent
(special authority). Exception:
Lawyer has exclusive management of
the procedural aspect of the
litigation (e.g. Submission for

the manner of their conduct, the

magnitude of the interest involved, the
importance of the lawyers position, and
all other self-laudation.

Exceptions/ Permissible

advertisements:
1. Reputable law lists, in a manner
consistent with the standards of
conduct imposed by the canons, of

decision on the evidence so far

presented. But in case where lawyer
is confronted with an emergency and
prompt/urgent action is necessary to
protect clients interest and theres
no opportunity for consultation, the
lawyer may compromise.
Rule: Refrain from charging rates

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,

CANON 3 A lawyer in making known is

publicity to attract legal business.

It is unethical to use the name of a

foreign firm.

Death of a partner does not

extinguish attorney-client
relationship with the law firm.

Negligence of a member in the law

firm is negligence of the firm.

legal services shall use only true,

CANON 4 A lawyer shall participate in

honest, fair dignified and objective

the improvement of the legal system by

information or statement of facts.

initiating or supporting efforts in law

Rule 3.01 A lawyer shall not use or

reform and in the administration of

permit the use of any false, fraudulent,

justice.

Examples: Presenting position

papers or resolutions for the
introduction of pertinent bills in
congress; Petitions with the Supreme
Court for the amendment of the
Rules of Court.

lower than the customary rates.

Valid Justification: relatives, colawyers, too poor

misleading, deceptive, undignified,

self-auditory or unfair statement or
claim regarding his qualifications or
legal services.

Violation of Rule 3.01 is unethical,

whether done by him personally or
through another with his permission.

CANON 5 A lawyer shall keep abreast

Rule 3.02 In the choice of a firm

of legal developments, participate in

name, no false, misleading, or assumed

continuing legal education programs,

name shall be used. The continued use

support efforts to achieve high

of the name of a deceased partner is

standards in law schools as well as in

permissible provided that the firm

the practical training of students and

indicates in all its communication that

assist in disseminating information

said partner is deceased.

regarding the law and jurisprudence.

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.

Objectives of integration of the Bar

To elevate the standards of the

legal profession

To improve the administration of

justice

To enable the Bar to discharge its

responsibility more effectively.

done. The suppression of facts or the

concealment of witnesses capable of

The three-fold obligation of a lawyer

First, he owes it to himself to

continue improving his knowledge of
the laws;

Second, he owes it to his profession

to take an active interest in the
maintenance of high standards of
legal education;

Third, he owes it to the lay public

to make the law a part of their social
consciousness.

establishing the innocence of the

CANON 6 These canons shall apply to

engagements or employment in

lawyers in government service in the

connection with any matter in which he

discharge of their official tasks.

Public Officials include elective

and appointive officials and
employees, permanent or temporary,
whether in the career or non-career
service, including military and police
personnel, whether or not they
receive compensation, regardless of
amount. (Sec. 3 (b), RA 6713).

The law requires the observance of

the following norms of conduct by
every public official in the discharge
and execution of their official duties:
1. commitment to public interest
2. professionalism
3. justness and sincerity
4. political neutrality
5. responsiveness to the public
6. nationalism and patriotism
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)

had intervened while in said service.

Various ways a government lawyer

leaves government service:
1. retirement
2. resignation
3. expiration of the term of office
4. dismissal
5. abandonment

Q: What are the pertinent

statutory provisions regarding this
Rule?

Rule 6.01 The primary duty of a

unlawful:

lawyer engaged in public prosecution is

not to convict but to see that justice is

accused is highly reprehensible and is

cause of disciplinary action.
Rule 6.02 A lawyer in the government
service shall not use his public position
to promote or advance his private
interest, nor allow the latter to
interfere with his public duties.
Rule 6.03 A lawyer shall not, after
leaving government service, accept

A: Sec. 3 (d) RA 3019 as amended and

Sec. 7 (b), RA 6713
Sec 3. Corrupt practice of Public
Officers. In addition to acts or omission
of public officers already penalized by
existing law, the following shall
constitute corrupt practice of any public
officer and are hereby declared to be

(d) accepting or having any member of

with, in which case the one year

his family accept employment in a

prohibition shall likewise apply.

private enterprise which has pending

official business with him during the

Lawyers in the government service

are prohibited to 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.
Misconduct in office as a public

official may be a ground for

disciplinary action (if of such
character as to affect his
qualification as lawyer or to show
moral delinquency).
Should recommend the acquittal of

the accused whose conviction is on

appeal, IF he finds no legal basis to
sustain the conviction.
Includes restriction is representing

conflicting interest (e.g. Accepting

engagements vs. former employer,
PNB)
The OSG is not authorized to

pendency thereof or within one year

after termination.
Section 7 (b) of RA 6713 prohibits
officials from doing any of the following
acts:
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.

These prohibitions shall continue to

apply for a period of one (1) year after
resignation, retirement, or separation
from public office, except in the case of
subparagraph (b) (2) above, but the
professional concerned cannot practice
his profession in connection with any
matter before the office he used to be

represent a public official at any

state of a criminal case