June 28, 2016 LEGAL ETHICS REVIEWER FOR MIDTERM| JDANDALECIO| AUSL
Mores- translation of divine Laws into human culture
Legal Ethics- a branch of moral science which describes the
conduct of a Lawyer which he owes to the Court, his client,
his colleague in the profession and the public.
Significance of Legal Ethics- without which, the trial in the Court
will become, archaic, Lawless and chaotic, without any due
respect to the Court and the Law itself. a fortiori, legal ethics
makes the legal profession work efficiently and effectively. "its
disturbing to note a Lawyer with a criminal mind"
Basis of Legal Ethics in the Philippines
1. Canons of Professional Ethics- framed by the ABA (American
BAR Association) in 1908. adopted by the Philippines on 1917. the
revision of which were adopted in the Philippines on 1946
2. Statutes- Law providing legal ethics like the civil code (art 1491
[5], art 2208), the revised penal code (art 209) and other special
Laws.
3. Constitution- bestowal to the Supreme Court the promulgation of
Rules to the acceptance to the BAR
4. Supreme Court decisions- decision from SC and the US which
has bearing in the practice Law in the Philippines
5. Treatise and Publication- standards and guidelines on the
conduct in the practice of Law.
Code of Professional Responsibility- [June 21, 1988] The
composition of all Laws, guidelines, treatise and Canons which
pertains to the Rule of moral foundation in the practice of Law. the
Rules stated therein are not suggestions but obligations on the
part of the Law practitioner.
Importance- this code carries with it a sense of independence and
identity. attuned to the customs and practices of the country and
dictates a feeling of pride and emancipation from foreign Canons.
Commonly used term in the Legal Ethics
BAR- refers to the whole body of Attorneys and Counselors;
members of the Law profession, whose names appear in the roll of
Attorneys or integrated BAR of the Philippines
bench- the whole body of judges
BAR admission- act by which one is licensed to Law before the
Courts of a particular state or jurisdiction after satisfying the
requirements such as BAR examinations and others.
Lawyer- general term referring to a person trained in the Law and
authorized to advise and represents others in legal matters.
trial Lawyer- a Lawyer who handles trials in Court, engaging in
actual work of prosecution or defense.
practicing Lawyer- one engage in the practice of Law which means
the activity of applying Law.
a trial Lawyer is a practicing Lawyer but a practicing Lawyer is not
necessarily a trial Lawyer.
client- one who engages in the seek for legal advise of for seeking
the purposes of prosecuting or defending a suit in his behalf.
Attorneys-at-Law- the class of persons who are license and
thereby authorized to practice Law in his respective state.
The title Attorney is reserved only to those who had been admitted
to the BAR and successful passed the examinations thereof.
(ALawi vs. Alauya, 268 SCRA 639)
A Spanish graduate of Law may practice Law in
the Philippines and vice versa, provided that the requirements of
the state to which a person is going to practice is met (e.g, BAR
examination) [in re: garcia, 2 SCRA 985]
Attorney-in-fact- not a Lawyer but was authorized by a Lawyer to
perform duties provided only by the one who appoints him.
Counsel de officio- a Counsel appointed or assigned by the Court
from among the BAR to defend an accused. a Counsel de Officio
may not be a Lawyer, in cases of locality where there is no
Lawyer, the Court may appoint any person, resident of the locality,
of good standing to defend the accused. (se 7, Rule 116, Rules of
the Court [1985]). in some cases, he is a Lawyer, assigned by the
Court to defend an indigent in a criminal case (people vs. daban,
43 SCRA 187)
Attorney ad hoc- a person named and appointed by the Court to
defend an absentee defendant in the suit in which an appointment
is made (Bienvenu vs. Factor's and Traders Insurance co, 33 la.
ann. 209)
Attorney of record- an Attorney who was named by a client as his
agent, upon whom service of papers may be made. his name must
appear permanently in any document or file of a case (reynolds vs
reynolds, 21 cal. 2d 580. 2d 580, 134 p 2d 251, 254) once one
became an Attorney of record, he cannot withdraw himself in the
case without the Court's permission.
Of Counsel- to distinguish them from Attorneys of record,
associate Attorneys are called "of Counsel"
Lead Counsel- possesses the principal management and direction
of a party's case. also known as the "lead in the case" or the
"leading Counsel"
House Counsel- not an independent Lawyer but a Lawyer who is
employed in the business concerned.
Amicus Curiae- literally means "friend of the Court". a person with
a strong interest in or in views of the subject matter of an action,
but not a party to the action.
Amicus Curiae par excellence- BAR associations who appear in
Court; has no control over the suit and has no right to institute any
proceedings. They are merely consultants to guide the Court in
doubtful question.
BAR association- an association of the members of the legal
profession like the IBP. (Philippine BAR associatin, the Philippine
Lawyer's association, vanguard of the Philippine constitution,
wiloci, wlap, fida, asean)
Commission on BAR discipline- The national grievance
investigator's office. This is the investigating arm of Supreme Court
on administrative matters involving disbarment cases against
Lawyers, of which proceedings are part of the judicial action.
Advocate- General and popular name of a Lawyer who pleads in
behalf of someone else.
Barrister- a person entitled to practice Law as an advocate or
Counsel in superior Courts.
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Solicitor- (England) a person prosecuting or defending suits in
Courts of chancery. (Philippines) a government Lawyer attached
with the OSG.
Proctor- (England) Attorney in the admiralty and ecclesiastical
Courts, whose duties correspond with that of an Attorney-at-Law or
solicitor in chancery.
Titulo de Abogado- not merely possession of a degree in Law but
membership in the BAR
Integration of the BAR- an official national body of which all
Lawyers are required to be a member.
1. Payment of reasonable annual fee
2. Adherence to code of professional responsibility
IBP- created on Jan 16, 1973
objectives:
1. To elevate the standards of legal profession
2. To improve the administration of justice
3. To enable the BAR to discharge is public responsibility more
effectively
4. To assist in the administration of justice
5. Foster on its members integrity, learning, professional
competence, public service and conduct
6. Safeguard the professional interest of its members
7. To cultivate among its members a spirit of cordiality and
brotherhood
8. To provide a forum for the discussion of Law, jurisprudence,
Law reform, pleading, practice and procedure, and the relation
between the BAR and bench and to the public
9. To encourage and foster legal education
10. And to promote a continuing program of legal research
Membership in the IBP chapter is given the discretion on the
Lawyer and there is no retirement therefrom. It is a nonpolitical
BAR and its officer, upon filling of certificate of candidacy to any
government office shall immediately be terminated from his office.
Requirement: admission to BAR
1. Citizen of the Philippines
2. At least 21 years of age
3. Of good moral character
4. No pending case involving moral turpitude
5. Academic requirement- bachelor's degree in arts or sciences
and bachelor's in Law
Practice of Law-
1. Consistent good moral character
2. Passing the BAR examinations
3. Taking the Lawyer's oath
4. Signing in the roll of Attorney
5. Obtaining certificate of membership
=authorized to practice Law.
Practice of Law- to do any acts which are characteristic of the legal
profession. Activity requiring the application of Law, legal
Principles, practice or procedures and calls for legal knowledge,
training and experience. (Cayetano v Monsod, 201 SCRA 210)
Experiences as Lawyer-economist, a Lawyer-manager, a Lawyer
entrepreneur of industry, a Lawyer-legislator was deemed practice
of Law
Coverage of practice of Law
a. Legal advice and instruction- informing clients of their rights and
obligations
b. Preparation of legal documents
c. Appearance for clients before public tribunals
Characteristics of the practice of Law
1. It is a privilege- can be taken away by reason of moral turpitude
2. Not a money-making venture-
3. Subject to state regulation
4. Cannot be assigned or inherited- earned by hard study and
good conduct
5. A privilege burdened with conditions (adez realty v ca, 251
SCRA 251)
6. Customarily holding oneself to the public-
7. Reserved to those academically trained in Law, possessing
good moral character
8. A profession, not a business
Non Lawyers are not authorized to appear in Court
Exceptions:
1. Municipal trial Court- a party may conduct his own case or
litigation in person, with the aid of agent or friend.
2. Before any Court, a party may conduct a litigation personally.
however, his aid must be a Lawyer
3. A Law student may appear before an inferior Court without a
Lawyer's supervision (Cruz v Mina, 522 SCRA, 387)
4. MTC- a judge may appoint a person to aid an accused in a
criminal case.
5. Senior Law student, with the approval of the sc may appear
before any Court without compensation and with the supervision of
an IBP member)
6. In the labor code a non Lawyer may also appear if: a. he
represents himself b. represent his organization with letter of
authority c. accredited member of a legal aid office
7. Cadastral act- can represent a claimant before the cadastral
Court
8. A person appointed to appear for the govt of the phil in
accordance with Law
9. Non Lawyer may represent a party before agrarian reform
adjudication
Suspended Lawyers cannot practice Law during the period of his
suspension
Public officials who cannot practice Law in the Philippines
1. Judges and other officials or employees of the superior Court
2. Officials and employees of the office of the solicitor general
3. Government prosecutors (People v Villanueva, Aquino v Blanco)
4. President, vice president, members of the cabinets, their
deputies and assistants
5. Members of constitutional commission
6. Members of the Judicial BAR Council
7. Ombudsman and his deputies
8. All governors, city and municipal mayors
9. Those who, by special Law are prohibited from engaging in the
practice of their legal profession
Public officials with restrictions in the practice of Law
1. Senators to personally appear as Counsel but they can give
legal advice and prepare legal documents for clients
2. Local govt code (RA 7160, sec 90) Sanggunian members may
practice their profession, if they are members of the BAR, they
shall not:
a. Appear as Counsel before any Court in civil case wherein a
local govt unit is the adverse party
b. Appear as Counsel in criminal case wherein an officer of the
national or local govt is accused of an offense in relation to his
office
c. Collect any fee for their appearance in the administrative
proceedings involving the local govt unit of which he is an official;
and
d. Use property and personnel of the govt except when the
Sanggunian member is defending the interest of the govt.
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3. RA 910, sec 1, a retired justice or judge receiving pension from
the govt cannot act as Counsel in any civil case, in which the govt
or any of its subdivisions or agencies is the adverse party or in a
criminal case wherein an officer or employee of the govt is
accused of an offense in relation to his office.
Resumption of the privilege to practice Law by a Filipino Lawyer
who lost Philippine citizenship but later acquired dual citizenship
(Petition for leave to resume practice of Law, Benjamin M.
Dacanay. B.M. no. 1678, Dec 17, 2007)
Facts: became a member of the BAR, went to Canada and
became citizen, he went and obtained reacquisition of citizenship
pursuant to RA 9225. He filed petition to practice Law in the Phil
Issues:
1. Has he lost his membership in IBP when he became a citizen of
Canada through naturalization?
2. May he be allowed to practice Law after he reacquired his
citizenship?
3. Is the resumption to practice Law automatic?
Held:
1. As a general Rule, a Filipino who lost his Filipino citizenship can
no longer practice Law in the phil. loss of citizenship ipso jure
terminates the privilege to practice Law. it is a privilege denied to
foreigners.
2. under ra 9225, all Philippine citizens who became citizens of
another country is deemed not to have lost their Philippine
citizenship. if he reacquires his Filipino citizenship, he is deemed
never to have lost his Filipino citizenship. Although he is also
deemed never to have lost his membership in the IBP, the
resumption to practice of Law is not automatic
3. No, one has to do the following steps in gaining the authority of
the SC to allow such to resume:
a. Update of the IBP membership by paying annual dues
b. Payment of professional tax
c. Completion of at least 36 hours of mandatory continuing legal
education
d. Retaking of Lawyer's oath
The Code of Professional Responsibility
Rationale:
A Lawyer is an officer of the Court occupying a quasi-judicial
office. Through him, the judicial machinery is set in motion. Without
a Lawyer, Courts cannot operate to dispense justice, hence, his
intimate and indispensable relationship to the Court makes him a
part of the Court.
Chapter I. the Lawyer and society
Canon 1. A Lawyer shall uphold the constitution, obey the Laws
of the land and promote respect for Law and legal processes.
Lawyers primary duty is embedded in cannon 1.
he is bound to uphold the Laws. He is their sworn servant; he is to
be an example to emulate by all people in the world. If the Lawyer
does not respect the Laws, all other people will do worse (In re:
Gutierrez, 5 SCRA 661)
Attorney's oath
"I, ___________________ of ___________________(place of
birth) do solemnly swear that i will maintain allegiance to the
republic of the Philippines; i will support its constitution and obey
the Law as well as the legal orders of the duly constituted
authorities therein; i will do no falsehood, nor consent to the doing
of any in Court; i will not wittingly not willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the
same: i will delay no man for money or malice, and will conduct
myself as a Lawyer according to the best of my knowledge and
discretion, with all goof fidelity as well to the Court as to my clients;
and I impose upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So help me God"
Attorney's oath is a sacred trust which must be inviolable at all
times. By swearing therein, a Lawyer becomes a guardian of truth.
No person shall be admitted to the BAR without taking the oath (re:
Elmo s. Abad,B.M. 139, March 18, 1983) and signing on the roll of
Attorney.
Delay no man for money or malice- (Reyes vs. Gaa, 246 SCRA
64)
Legal orders of the Courts- Lawyers are to obey the orders of the
Courts, questions and demands of comments. In the absence of
such, a Lawyer may be suspended.
Examples of instances:
1. A Lawyer reprimanded for failure to file a comment required of
him by the Supreme Court
2. A Lawyer was suspended for failure to file comment despite the
several extensions he asked which the Court granted (Casals v
Cusi, Jr., 52 SCRA 58)
3. Punishment for contempt and disciplinary sanctions awarded to
Lawyers who defy the legal processes and disregarding orders of
the Courts
A person not willing to take the legal processes and Court's orders
to his heart is unfit to be a Lawyer.
People v Tuanda 181 SCRA 692
A Lawyer who issued bouncing checks appealing that such act
does not concern her exercise of legal profession.
Sanchez v Somoso 412 SCRA 569
Respondent paid a check from a bank account which he knew had
already been closed.
Rule 1. 01 A Lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct
Lawyer must constantly be of good moral character- his moral
character displayed when he is admitted to the BAR must be
maintained. Otherwise, his privilege to practice legal profession
may be withdrawn from him. (People v Tuanda Adm case no 3360,
Jan 30, 1990
Purpose of good moral character required from the Lawyers
(Dantes v Dantes 438 SCRA 582):
1. To protect the public
2. To protect the public image of Lawyers
3. To protect prospective clients.
4. To protect errant Lawyers from themselves
A Lawyer is supposed to be the model for conformity and respect
to Law
Examples of acts under this Rule:
a. Promotion of group or organizations who violate or evade
the Laws.
b. Agreement to purchase a cocaine
c. Tearing a Court records for the purpose of stealing it.
d. distributing stolen BAR examinations
e. Making excuses not to attend hearings
Honesty is the Lawyers best virtue.
Example of dishonest acts:
a. Misappropriation clients' funds
b. Giving false statement under oath
c. Maneuvering re-conveyance of property in the name of
the Lawyer instead of the client.
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d. Falsification of grades in the BAR examination
e. Inducing someone to buy a piece of land, knowing that it
is not for sale.
f. Stealing evidence attached to the Court's record.
g. Issuance of bouncing checks
h. Evading payment of debt
i. Notarizing documents despite the expiration of notarial
commission.
Morality: Quality of human act.
Norm of morality, good in:
a. Act itself
b. The end of the agent
c. The circumstances
Moral turpitude: everything done contrary to justice, modesty or
good morals
-moral integrity is required from the Lawyer as long as he holds
into the legal profession, not only in the period to the admittance to
the BAR.
Instances of gross immorality
1. Abandonment of wife and cohabiting with another (Toledo vs
Toledo)
2. Bigamy perpetrated by a Lawyer (Terre vs. Terre)
3. Lawyer who had a carnal knowledge on a promise of marriage
which he did not fulfill (Quingwa v Puno, Almirez vs Lopez)
4. Seduction of a woman who is the niece of a married woman with
whom the Lawyer had adulterous relations (Royong v Oblena, 7
SCRA 859)
5. Lawyer arranging the marriage of his son to a woman with
whom he had illicit relations. After the marriage he continued his
adulterous relations with her (Mortel v Aspiras, 100 Phil 586)
6. A Lawyer inveigling a woman into believing that they had been
married civilly to satisfy his carnal desires. (Cabrera v Agustin, 106
Phil 256)
7. A Lawyer taking advantage of his position as chairman of the
COM and asked a lady student to go with him in manila where he
had carnal knowledge of her under threat that if she refused, she
would flunk in all her subjects (Delos Reyes v Aznar, 179 SCRA
655)
8. Concubinage coupled with failure to support illegitimate children
(Laguitan v Tinio)
9. Maintaining adulterous relationship with a woman (Cordove v
Cordova 179 SCRA 680)
10. Seducing a woman thru promise of marriage by a married
Lawyer (Barrientos vs Daarol, 218 SCRA 30)
Immorality is not confined with sexual matters but includes conduct
inconsistent with rectitude, or indicative of corruption,
indecency, depravity and dissoluteness or shameless conduct
showing moral indifference. Turning the head of a woman to kiss
her is distasteful, however, though such an act, even if considered
offensive and undesirable cannot be considered grossly immoral.
(Advincula v Macabata 517 SCRA 614)
Rule 1. 02 a Lawyer shall not Counsel or abet activities aimed
at defiance of the Law or at lessening confidence in the legal
system
No matter how powerful the cause is, a Lawyer must not abet or
Counsel his clients to deviate from the Law. he must give advice
tending to impress upon the client compliance to the principles of
moral Law. a Lawyer have sworn to uphold the constitution and to
obey the Laws.
a Lawyer is urge to defend his client with zeal, but not to the extent
of violating the Law. he must not be an errand boy at the beck and
call of his clients, eager to do his every bidding (Cosmos Foundry
Shop Workers Union v Lo Bu 63 SCRA 321)
Respect for Law is gravely eroded when Lawyers themselves, who
supposed to be minions of the Law, engage in unlawful practices
and brush aside the very Rules that the IBP formulated for their
observance (in re: 1989 IBP elections 178 SCRA 398)
Preparation of a document contrary to Law and moral is
malpractice. a Lawyer who advised his client that after 7 years of
separation from his spouse, he could remarry and in the process
prepared a document declaring the spouses to be single again and
could contract marriage and after such signature between spouses
notarized it, s guilty of malpractice (in re: Santiago, 70 Phil 661)
Rule 1.03 A Lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man's cause
A Lawyer owes it to the Court and to society not to stir up
litigations.
Barratry- offense of frequently inciting or stirring up quarrels and
suits, either at Law or otherwise; it is for the purpose of offering
legal service to either of them for selfish motive and interest.
Ambulance Chasing- a Lawyer chasing an ambulance carrying a
victim of an accident for the purpose of offering his legal service to
the victim.
Origin: Abraham Gartner of Manhattan, NY, 1907
solicited retainer agreements from accident victims. He would
hang around police headquarters and succeeded in getting list of
daily accident victims. He was not a Lawyer but set up a 24 hour a
day Law office in partnership with a Lawyer. In the early 20's, he
was making a net profit if $165k on a gross of $400k
Evils of ambulance chasing:
1. Fomenting of litigation resulting burdens on the Courts
2. Subordination of perjury
3. Mulcting of innocent persons by judgments upon manufactured
causes of action
4. Defrauding of persons having proper causes of action but
ignorant of legal rights and Court procedures.
A Lawyer must tamper his client's propensity to litigate, he must
not file pointless petitions that only add to the workload of the
judiciary (Banogon vs Zerna 154 SCRA 593)
A Lawyer must be a mediator of peace and not instigator of
controversy or predator of conflict (Castaneda vs Ago 65 SCRA
512)
A Lawyer must not delay a man's cause for money and malice- he
cannot delay the approval of a compromise agreement entered
between parties just because his Attorney's fees were not provided
for in the agreement (Jesalva v Bautista, 105 Phil 348)
To appeal a case for the purpose of delay (12 years) and to drain
the resources of the poorer party is considered obstruction of
justice (Samar Mining co v Arnado 24 SCRA 402). Unnecessary
use of Certioari for purposes of delay wastes the time of the
judiciary which can be devoted to meritorious cases (Vda. de
Bacaling vs Laguna 54 SCRA 243)
Attorney's signature on pleadings- Rules of Court sect 3, every
pleading must be signed by the Counsel, together with his
address, an unsigned pleading produces no legal effect. A Lawyer
who purposely files an unsigned pleadings for delay shall be
awarded with disciplinary measures.
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A pleading must be filed within the extended period requested, the
failure of the Counsel to do this will dismiss the case he is pleading
for.
Some instances of delay:
1. Resort to technicalities to frustrate justice (Aguinaldo v
Aguinaldo 36 SCRA 137)
2. Befuddling of the issues in the case by Counsel (Lim Tanhu v
Ramolete, 66 SCRA 429)
3. Filing of multiple-repetitious petitions (Gabriel v ca, 72 SCRA
273)
4. Filing of several actions covering the same subject or seeking
substantially the same relief (Macias v Uy Kim, 45 SCRA 251)
5. Filing frivolous appeals for purpose of delay--an improper step
often taken as a means of draining the resources of poorer party
and compelling him to submit out of sheer exhaustion (Samar
Mining co. v Arnado, 24 SCRA 402)
6. Filing of motions of postponement and other kinds of motions for
dilatory purposes
7. Indiscriminate filing of suits against a party, clearly intended for
harassment (Dimagiba v Montalvo, Jr., 202 SCRA 641)
8. Delaying cases or services for money (Collantes v Renomeron)
Rule 1.04 A Lawyer shall encourage his clients to avoid, end or
settle controversy if it will admit of a fair settlement.
Nature of compromise- a party must give up some of the rights that
he has, in consideration of the same act on the part of the other
side (Jesalva, et al. v Bautista, et al., 105 phil. 348)
Attorneys have authority to bind their clients in any case by any
agreement in relation thereto made in writing, and in taking
appeals, and in all matters of ordinary judicial procedure.
Such compromise is authorized and even encouraged by express
provisions of Law (civil code 2028, 2029)
Compromise is often the far better justice; advantages:
a. Save client from additional expenses
b. Help prevent clogging of docket
This compromise is only attained with the consent of the client- the
exclusive management of a Lawyer is only on the procedural
aspect of litigation
Cannon 2 a Lawyer shall make his legal service available in any
efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession.
Whenever a Lawyer decides to handle a case for fee or for fee, he
must do it with efficiency and convenience with the end in view of
maintaining the independence, integrity and effectiveness of legal
profession at all times.
Rule 2.01 a Lawyer shall not reject, except for valid reasons the
cause of the defenseless or oppressed
Defenseless- are those who are not in the position to defend
themselves due to poverty, weakness or ignorance.
oppressed- victims of acts of cruelty, unlawful exaction, domination
or excessive use of authority
A Lawyer must not reject the cause of such persons and must not
be excused for trivial reasons and must always exert his efforts in
their behalf
This legal aid extended to the destitute is a matter of public
responsibility and not charity.
Rule 2.02 in such a case, even if a Lawyer does not accept a
case, he shall not refuse to render legal advice to the person
concerned if only to the extent necessary to safeguard latter's
rights.
If there is valid reasons to refuse the acceptance of such case, a
Lawyer must render legal advice (ex. how to file petition, refer
another Lawyer, making representations on proper authorities)
Rule 2.03 a Lawyer shall not do or permit ti be done any act
designed primarily to solicit legal business
Practice of Law is not a money-making trade but a profession,
dedicated to the ideals of service.
Protection of the weak and powerless is the highest form of service
that a Lawyer could render (albano v coloma, 21 SCRA 411)
Characteristic of legal profession
1. A duty of public service, emolument is a by product.
2. A relation as an officer of Court to the administration of justice
involving sincerity, integrity, and reliability.
3. A relation to clients in the highest degree of fiduciary
4. A relation to the colleagues at the BAR characterized by candor,
fairness and unwillingness to resort to current business methods of
advertising and encroachment to their practice, or dealing directly
with their clients
As the practice of Law is a profession, it is highly unethical for an
Attorney to advertise his talents as a merchant (Director of
Religious Affairs v Bayot, 74 Phil 579)
Solicitation and business advertisements lower the standards of
the profession (in re: Tagorda 53 Phil 42)
these kinds of act is ground for disbarment or suspension
a. Advertisement to encourage people to divorce (People v
Maccable 18 Colo 186)
b. Advertising secret marriages (Ulep v the legal clinic, inc, BAR
matter no. 553)
Proper solicitation of legal business
it must be compatible with the dignity of the legal profession. must
be modest and decorous .
Calling card- name of Lawyer, office or residence, special lines in
Law.
Fee-splitting- cannot be applied to a Lawyer and non Lawyer
What disgraces the legal profession?
1. Self-laudatory articles in newspaper
2. Radio program of a Lawyer advertising his skill
Best advertisement of a Lawyer- allowing others to refer you to
people. it is the well-deserved reputation for competence, honesty
and fidelity to private trust and public duty. his public confidence is
his greatest advertisement.
Rule 2.04 a Lawyer shall not charge rates lower than those
customarily or prescribed, unless the circumstances so warrant
Rates comes from IBP, a uniform rate of a Lawyer nationwide.
exceptions on charging fixed rates:
1. Legal service rendered to a relative or brother
2. Rendered to the indigent
3. Client to poor that it will be in-humanitarian to charge him of
fixed rates.
Canon 3 a Lawyer in making known his legal services shall use
only true, honest, fair, dignified and objective information or
statement of facts.
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Principles in making known a Lawyer's legal service: advertisement:

1. The content must be true, honest and fair 1. leads to the assertion of fraudulent claims
2. The manner on making known must be fair and dignified 2. corruption of public officials
3. encourage Lawyers to engage in overarching, overcharging,
Rule 3.01 a Lawyer shall not use or permit the use of any false, underrepresentation and misrepresentation
fraudulent, misleading, deceptive, undignified, self-laudatory or 4. creation of Lawyer's reputation which may mislead the public
unfair statement or claim regarding his qualifications or legal best advertisement- establishment of a well-merited reputation for
services. professional capacity and fidelity to trust. this cannot be forced but
must be an outcome of character and and conduct (Canon 27,
A Lawyer must not claimed something the he is not just to attract cpe; director of religious affairs v bayot, 74 phil 549)
legal business.
He must not use his wife's (who is a judge) office as his address. Canon 4 - a Lawyer shall participate in the development of the
(In re: Atty Renerio G. Paas, 400 SCRA 543) legal system by initiating or supporting efforts in Law reform and in
the improvement of the administration of justice.
Rule 3.02 in the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the name of a Improvement- a. Presenting position papers b. Resolutions for
deceased partner is permissible provided that the firm indicates in introduction of pertinent bill c. Amendment of Rules of Court, or
all its communications that said partner is deceased. introduction of new Rules. Petitions with IBP and other forums
which have any relevance to the system, d. Maintain programs for
Sycip case: a partner's name, upon his death, must be dropped continuing legal education program (Lawyer's association); create
from the firm name, as its retention has the tendency to improperly Law Centers or Law libraries for legal research. e. Experience
exploit its advertising value. legal practitioners may write a book. f. Lawyers in the congress to
In the practice of Law, a Lawyer must only use the name inscribed introduce bill for improvements thereof
in the roll of Attorneys
(Pangan v Ramos 93 SCRA 87) respondent represented himself
Arthur T. Vanderbilt- A member of the BAR must improve his
as Pedro D. Ramos instead of Dionisio d. Ramos.
profession. Every man owes some of his time to the up-building of
the professionA which he belongs—one of the great things
If a partner in Law firm is appointed judge, his name shall be taken
which distinguishes a profession from a business.
out of the firm name since he is no longer allowed to practice Law.
The use of a firm name of a foreign Law firm is unethical since that
Lawyers are officers of the Courts and they must assist in the
firm is not authorized to practice Law in the Phil
administration of justice (Cordova v Labeyan, 249 SCRA 172)
Rules on Law firms:
Canon 5 - a Lawyer shall keep abreast of legal developments,
1. A Law firm represented by two named partners is composed of
participate in continuing legal education programs, support efforts
at least two Lawyers (antonio v ca, 153 SCRA 592)
to achieve high standards in Law schools as well as in the practical
2. Main Law office and branch office do not constitute two Law firm
training of Law students and assist in disseminating the Law and
(Ouna Arrastre service, inc. v Aleonar)
jurisprudence.
3. Death of a partner does not extinguish the client-Lawyer
relationship with the Law firm (B.R. Sebastian enterprises inc. v
A Lawyer must walk the dynamic movements of the Law. Lawyer's
CA 206 SCRA 28)
life is continuous and laborious. He must keep abreast of the
4. Negligence of a member in the Law firm is negligence of the
decisions of the SC; particularly where issues have been clarified,
firm- (Antonio v CA)
reiterated and published n the advance reports of the sc decisions
(de roy v ca, 157 sca 757)
Rule 3.03 where a partner accepts public office, he shall
withdraw from the firm and his name shall be dropped from the
Lawyers must familiarize themselves with the Rules to comply with
firm name, unless the Law allows his to practice Law concurrently.
their requirements. They are chargeable with notice of changes in
Exception in dropping the name of a partner who accepts public
the Rules which have been held as including not only express
office
reglementary provisions but also a regular practice under Rules of
1. When the Law allows him
Court (Zualo v CFI of cebu, GR 27718-r, July 7, 1961)
Who are the public officials who cant practice Law?
Judges must keep abreast of the new rulings and decisions of the
a. Judges
Supreme Court (Uy v Capulong, 221 SCRA 89)
b. President
c. Members of constitutional commission
Threefold obligation of Lawyer:
d. Congress
1. Owes to himself to continue improving his knowledge of the
e. Cabinet
Law,
f. Members of Judicial and BAR Council
2. Owes to his profession to take an active interest in maintenance
g. Governors
of high standards of legal education
h. Mayors
i. Prosecutors
Continuing Legal Education august 22, 2000- every 3 years at
j. Solicitors
least 36 hours of legal education
Exemptions:
Reason:
1. Judges of SC
a. To prevent the firm to make use the name of the public officer to
2. Judges of CA
attract legal business
3. Sandiganbayan
4. RTC judges
Rule 3.04 a Lawyer shall not pay or give anything of value to
5. Law deans
representatives of the mass media in anticipation of, or in return
6. Law professors
for, publicity to attract legal business.
7. Members of the congress
Seeking publicity is prohibited- it debases the legal profession
 June 28, 2016 LEGAL ETHICS REVIEWER FOR MIDTERM| JDANDALECIO| AUSL
Canon 6 - these Canons shall apply to Lawyers in government
services in the discharge of their tasks.
RA 6713 "an establishing a code of conduct and ethical standards
for public officials and employees-
Scope:
1. Public officials and employees whether Lawyer or non-Lawyer
2. Judges and prosecutors
3. Solicitors
4. Lawyers in govt service
Norms of conduct
a. Commitment to public interest- public interest over personal
interest
b. Professionalism- performance of duty with highest degree of
excellence, intelligence and skill
c. Justness and sincerity- dont prejudice the poor and under
privilege
d. Political neutrality- service to everyone regardless of political
affiliation
e. Responsiveness to the public- must provide information and
policies that can be understood by people
f. Nationalism and patriotism- loyalty to the public and Filipino
people
g. Commitment to democracy- civilian authority over military
h. Simple living- not to indulge in extravagance
Government Lawyers are prohibited to do private practice unless
authorize by Law
Code of Professional Responsibility does not govern private
Lawyers alone (Vitrolio v Atty Dasig, 400 SCRA 172)
Rule 6.01 - the primary duty of a Lawyer engaged in public
prosecution is not to convict but to see that justice is done. the
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
Prosecuting official who was satisfied as to the innocence of the
accused should not institute criminal proceedings against such
(U.S. v BARredo 32 Phil. 499)
A public prosecutor should recommend the acquittal of the
accused whose conviction is on appeal, if he finds no legal basis to
sustain the conviction (Triente Sr. V Sandiganbayan, 145 SCRA
508)
Rule 6.02 - a Lawyer in the government service shall not use his
public position to promote or advance his private interests, nor
allow the latter to interfere with his public duties.
A public office is a public trust.
He must not use his public office to advance his private interests.
Misconduct in the discharge of duties of a government Lawyer is
generally not disciplined. However, if the misconduct shows moral
delinquency, he may be disciplined as a member of the BAR. (Lim
v BARcelona, 435 SRA 67)
A government [fiscal] cannot refuse the performance of his duties
on grounds not provided for by Law without violating his oath of
office. (Enriquez, Sr. V Hon Gimenez, 100 Phil. 933)
Rule 6.03 - a Lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter
in which he had intervened while in said service
Restrictions against Lawyers who Left the Service
ways of leaving govt service:
a. Retirement
b. Resignation
c. Expiration of term of office
d. Dismissal
e. Abandonment
upon leaving, he is prohibited by the Rule to accept any
employment in connection with any matter in with he had
previously intervened while in service
Adverse interest conflicts- former government Lawyer represents a
client in private practice is substantially related to a matter that the
Lawyer dealt with while employed by the government and the
interest of the current and former are adverse
Congruent interests representation conflict- (PCGG v
Sandiganbayan, et al. 455 SCRA 568 and PCGG v
Sandiganbayan, Lucio Tan, et al, 455 SCRA 526)
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
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.
Rule 7.01 - A Lawyer shall be answerable for knowingly making a
false statement or suppressing a material fact in connection with
his application for admission to the BAR.
Admission to BAR:
a. Citizen of the Philippines
b. At least 21 years of age
c. Of good moral character
d. No cases pending involving moral turpitude
e. Academic- 4 years Law course (Commercial Law, Remedial
Law, Criminal Law, Public and Private International Law, Political
Law, Labor and Social Legislation, Medical Jurisprudence,
Taxation and Legal Ethics Rule 138. Sec 5, RRC)
1. Affidavit of the candidate
2. Certificate from the School
Pre Law- Completion of bachelors degree in arts and sciences.
Following field as major of concentration:
1. Political Science
2. Logic
3. English
4. Spanish
5. History
6. Economics
False Statements or Suppression of Materials
If discovered before:
a. Taking the BAR- disqualified
b. After passing- wont be allowed to take his oath
c. Lawyer- Name to be stricken out of the roll
In re: Ramon Galang, 66 SCRA 282
Concealment of criminal offense like slight physical injury
Even if such crime does not involve moral turpitude, its
concealment will be taken against him
Diao v Martinez, 7 SCRA 477
plaintiff misrepresented himself and was allowed to take the BAR,
he passed but upon discovery of such pretense, his name was
stricken out of the roll
 June 28, 2016 LEGAL ETHICS REVIEWER FOR MIDTERM| JDANDALECIO| AUSL

Revised Rules of Court Rule 8.01 - A Lawyer shall not, in his professional dealings, use
Sec 3 no candidate shall endeavour to influence any member of language which is abusive, offensive or otherwise improper.
the committee, and during examination the candidate shall not
communicate with each other nor shall they give or receive any a. Disrespectful
assistance. The candidates who violates this provision or any b. Abusive
provision of this Rule, shall be BARred from the examination and c. Abrasive
teh same to be counted as failure against him, and further d. Offensive
disciplinary action, including permanent disqualification may be e. Unfounded
taken in the discretion of the Court f. Intemperate words

Rule 7.02 - A Lawyer shall not support the application for
admission to the BAR of any person known by him to be
unqualified in respect to character, education, or other relevant
attribute.
A Lawyer shall not support the application for admission to the
BAR of an unqualified candidate. He must not certify or endorse
someone who is unfit to be a member of the BAR for lack of good
moral character, lack of educational requirement or other attribute.
Rule 7.03 - A Lawyer shall not engage in conduct that adversely
reflects on his fitness to practice Law, nor shall he whether in
public or private life, behave in a scandalous manner to the
discredit of the legal profession.
Good moral character is essential in the continuance of the
profession. Such conduct of nobility must stay with hin even in his
private life. Unlawful act committed outside his professional duties
may be a ground for disBARment.
Avoidance of Scandalous conduct- Lawyer must be seen to be
having a good moral character, thus, he must not only avoid
adulterous relationship but also avoid scandalizing the public by
creating the belief that he is flouting those moral standards.
(Tolosa v Cargo 171 SCRA 21)
Canon 8 - a Lawyer shall conduct himself with Courtesy, fairness
and candor towards his professional colleagues, and shall avoid
harassing tactics against opposing Counsel.
All Lawyers belong to the legal profession and must conduct
themselves candidly with each other. Respect generates respect.
They must treat each other with Courtesy, fairness and candor and
civility (Yap-Paras v Paras, 523 SCRA 364)
A Lawyer who interrupts the opposing Counsel while the latter is
presenting is a violation of this Canon.
Instances of lack of Candor:
a. Knowingly misquote a paper
b. The testimony of the witness
c. The language or argument of the opposing Counsel
d. Language of the decision or text
e. With knowledge of its invalidity, cite an authority which has
already been overRuled
f. Assert a fact that which has not been proved.
g. Remarks that will influence the bystanders
They all have no place in the pleadings.
effects of such address:
1. Betrays disrespect to the Court
2. Disgraces the BAR
3. Invites disciplinary action
Language to be Used: Forceful but dignified, emphatic but
respectful
Arguments whether written or oral must be presented in a gracious
manner whether to the Court or opposing Counsel, just as a
gentleman would address another.
Instances of Disrespectful language
1. Referral to the Court as civilized and democratic but the
innuendo will suggest that it is not. (Surigao v Cloribel 31
SCRA 1)
2. Lawyers threat of prosecuting judges (in re: Laureta, 148
SCRA 422)
3. Lawyer’s statement that if the Court will allow the
decision of the lower Courts to stand means that Claro
M. Recto can do no wrong (In re: Velasquez, April 29,
1965)
4. Describing a judge as unjust, hostile, vindictive and
dangerous (Cornejo v Judge Tan, 85 Phil. 772)
5. Describing the SC injunction as unjust and miscarriage of
justice (Lim Se v Argel 70 SCRA 378)
6. A Lawyers reference to resolution of SC as “sadistic
resolution enbanc (Andres v Cabrera, 94 SCRA 513)
7. Calling a decision an outrage and mockery of popular will
expressed in the polls (Salcedo v Hernandez, 61 Phil.
724)
8. Labelling a judge s corrupt in a motion for inhibition
(Ceniza v Sebastian, 130 SCRA 295)
9. Calling adverse Counsel as “bobo” (Castillo v Padilla, Jr.
127 SCRA 743)
10. A Lawyer stating that justice and blind and deaf and mute
(In re: Almacen, 31 SCRA 572)
11. Attributing to the SC acts of dismissing judges without
rhyme and reason and disBARring Lawyers without due
process (Zaldivar v Gonzales 166 SCRA 377)
12. Calling award separation pay as ill gotten wealth and the
administrative body which granted the award as
unknowing one and the sheriff’s office as “partner in
crime”
13. The use of adjective insufficiently informed is
disrespectful (Francisco, Jr. Vs UEM-MARA Philippines
Corp., 536 SCRA 518)
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A Counsel cannot escape responsibility by claiming that his words
did not mean what any reader must have understood them as
meaning.
A strong language is justified when it has been impelled by the
same language used by the judge. The Lawyer cannot be blamed
(Fernandez v Hon Bello, 107 Phil. 1140
Rule 8.02 - A Lawyer shall not, directly or indirectly, encroach upon
the professional employment of another Lawyer, however, it is the
right of any Lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful
Counsel
A Lawyer should not “steal” another’s client- a client who has
already a Counsel cannot be taken by another Lawyer by a
promise of a better service, lower Attorney fees or downgrading of
the qualifications of the first Lawyer.
A Lawyer shall not negotiate with the opposite party who has a
Counsel (Likong v Lim 235 SCRA 414)
There is no encroachment when previous Lawyer was already
dismissed (Laput v Romantique, 6 SCRA 45) Laywers should
expose without fear and favour, before the proper tribunals, corrupt
and dishonest conduct in the profession. He may give advice or
assistance to victims of unfaithful and neglectful Counsel
Canon 9 - a Lawyer shall not, directly or indirectly, assist in the
unauthorized practice of Law.
Unauthorized practice of Law- assuming to an Attorney and acting
as such without authority
Assistance to Unauthorized Practice of Law, Prohibited- he must
not take as a partner in firm a person who is not a Lawyer, a
Lawyer who has been disBARred or suspended from the practice
or a foreign Lawyer although knowledgeable with Law unless
licensed by SC.
Ethical Consideration
“The prohibition against practice of Law by a layman is grounded
in the need of the public for integrity and competence of those who
undertake to render legal service. Because the fiduciary and
personal character of a Lawyer-client relationship and the inherent
complex nature of our legal system, the public can better be
assured of the requisite responsibility and competence if the
practice of Law is confined to those who are subject to the
requirements and regulations imposed upon members of the legal
profession” (Report IBP Committee p. 46)
Rule 9.01 - A Lawyer shall not delegate to any unqualified person
the performance of any task which by Law may only be performed
by a member of the BAR in good standing.
Practice of Law is a privilege given to a qualified person and may
be withdrawn if he fails to maintain the standards of moral and
professional conduct
A Lawyer must not take as his associate a Lawyer who has been
suspended in the practice of Law (U.S. v Ney & Bosque 8 Phil.
146) or a person not a member of the BAR (Beltran, Jr. v Abad
132 SCRA 453)
He must not allow a non-member of the BAR to misrepresent
himself as a Lawyer and to practice (Cambaliza v Cristal-Tenorio,
434 SCRA 288)
Rule 9.02 - A Lawyer shall not divide or stipulate to divide a fee for
legal services with persons not licensed to practice Law,
(a) Where there is a pre-existing agreement with a partner or
associate that, upon the latter's death, money shall be paid over a
reasonable period of time to his estate or to persons specified in
the agreement; or(b) Where a Lawyer undertakes to complete
unfinished legal business of a deceased Lawyer; or
(c) Where a Lawyer or Law firm includes non-Lawyer employees in
a retirement plan even if the plan is based in whole or in part, on a
profit sharing agreement.
A Lawyer can only divide the fees for legal service to a Lawyer
who had rendered legal services with him in a case.
Rationale:
1. Fee Splitting will leave the public in hopeless confusion
2. It will leave the BAR to chaotic situation since non Lawyers are
not amenable to disciplinary measures.
See exemptions in the stipulation.
Chapter III. The Lawyer and the Courts
Canon 10 - a Lawyer owes candour, fairness and good faith to the
Court.
A Lawyer’s display of Candor (Director of lands v Adorable 77
Phil. 468)
informed the Court that the case has already been decided in
favour of claimant and save the appellant the trouble of waiting for
the reconstitution of the case and the tribunal the trouble of
deciding again a case already been decided.
Refilling a case which was already litigated before is not forum
shopping but nevertheless a violation of cannon 10. (Carlet v
Court of Appeals 275 SCRA 110)
Rule 10.01 - A Lawyer shall not do any falsehood, nor consent to
the doing of any in Court; nor shall he mislead, or allow the Court
to be misled by any artifice.
A Lawyer has the duty not to mislead the judge or allow him to be
misled (Limpin Jr. V IAC 161 SCRA 83)
Cases of Falsehood meriting Discipline
1. False stating in a deed of sale that a property is free from
all liens and encumbrances when it is not (Sevilla v oleta
96 Phil 979)
2. Lawyer making it appear that a person long dead,
executed a deed of ale in his favour (Monterey v Arayata
61 Phil 820)
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3. Concealment of the fact that he was charged or
convicted of a crime in an information sheet required by
Law in connection with his employment (Calo v Degamo
20 SCRA 447)
4. Lawyer encashing a check payable to a deceased cousin
by singing the latter’s name on the check (In re:
Samaniego, 90 Phil 382)
5. Lawyer falsifying a power of Attorney and used it in
collecting the money due to the principal and
appropriating the money for his own benefit (In re:
Rusiana, 105 Phil. 1328)
6. Inconsistent information in the pleadings (Chavez v
Marquez, 60 SCRA 38)
7. Lawyer uttering falsehood in a motion to dismiss (Martin
v Moreno, 129 SCRA 315)
8. Lawyer denying having received the notice to file brief
which is belied by the return card (Ragacejo v IAC, 153
SCRA 462)
9. Lawyer presenting falsified documents in Court which he
knows to be false (Bautista v Gonzales 182 SCRA 151)
10. Lawyer filing false charges or groundless suits (Retuya v
Gorduiz 96 SCRA 526)
11. Lawyer falsifying the sheriff’s return and seeking the
default of the defendant (Libit v Oliva 237 SCRA 375)
12. Using in pleadings the IBP number of another Lawyer
(Bongolota v Castillo CBD No. 276 Jan 1, 1995)
13. Use of fictitious residence certificate by a notary public
(Roces v Aportadera, AC No. 2936, March 31, 1995)
Rule 10.02 - A Lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or the
argument of opposing Counsel, or the text of a decision or
authority, or knowingly cite as Law a provision already rendered
inoperative by repeal or amendment, or assert as a fact that which
has not been proved.
In quoting a decision, a Lawyer must quote the same in verbatim
to avoid misleading the Court. (Insular Life Assurane Co.
Employees Associations v Insular Life Assurance Co. 37 SCRA
244)
Syllabus of the case is not the work of the Supreme Court; it
should not be cited in place of the text in the decision. They are
simply the work of the reporters who gives his understanding of the
decision (Allied Bank Corp v CA 416 SCRA 65)
A typographical error in the citation of an authority is not
contemptuous (Del Rosario v Chingcuangco, 18 SCRA 1156)
Citing as a Law an inoperative provision of Law is contemptuous.
Lawyers must not intentionally misread or interpret the Law to the
point of distortion in cunning effort to achieve their purposes
(Banogon v Zerna 154 SCRA 593)
Asserting as a fact something that has not been proven (Munoz vs
CA & Delia Sutton 53 SCRA 190)
Foisting a non-existent Rule is a violation of legal ethics (Erectors,
Inc v NLRC, 158 SCRA 421, Adez Realty, Inc v CA GR 100643,
Oct 30 1992)
Rule 10.03 - A Lawyer shall observe the Rules of procedure and
shall not misuse them to defeat the ends of justice.
Aim of Lawsuit is to render justice and the Rules of procedure are
precisely designed to attain such objective.
Misuse of the Rules is to frustrate justice such deserves a stern
condemnation. (Aguinaldo v Aguinaldo 36 SCRA 137)
Rules of Procedure is intended to facilitate the delivery of justice to
those to whom it is due without unnecessary expense and waste of
time for truly a justice delayed, is a justice denied. (Canlas v CA
164 SCRA 160, Eternal Gardens Memorial Park v CA and Seelin)
Technicalities Should Give Way to the Realities (Urbayan v Caltex
Phil Inc 5 SCRA 1016)
Rule 10. 04 A Lawyer shall, when filing a pleading, furnish the
opposing party with a copy thereof together with all the documents
annexed thereto, unless a motion is ex parte, he should set it for
hearing with sufficient notice to the other party.
Rationale: Prevent unfairness and avoid surprise attacks and
backstabbing
Advantages:
1. Minimized delay in judicial proceedings
2. Encourage settlement
Canon 11 - a Lawyer shall observe and maintain the respect due
to the Courts and to judicial officers and should insist on similar
conduct by others.
Lawyers first duty is to the Courts, it is not secondary with that of
his clients (Wicker v Arcangel, 252 SCRA 444)
Respect due to the Court and judicial officers must be maintained
(In re: Sotto, 82 Phil. 595)
The Lawyer’s duty to render respectful subordination to the course
is essential to the orderly administration of justice. Hence, in the
assertion of their client’s rights, Lawyers, even those gifted with
superior intellect are enjoined to rein up their tempers
The highest respect to the Court is the Lawyer’s obedience to
Court orders and processes.
It is a cardinal condition of all such criticism that it shall be bona
fide and shall not spill over the walls of decency and propriety
(Zaldivar v Gonzales 166 SCRA 316)
Pleading containing derogatory, offensive or malicious statements
submitted to the Court or judge in which the proceedings are
pending, constitutes direct contempt (Wicker v Arcangel)
There are criticism made in good faith which was tolerated
(Soriano v CA, 363 SCRA 725)
Rule 11.01 - A Lawyer shall appear in Court properly attired.
proper attire in Court:
Males: long sleeve Barong tagalong and coat and tie
females: Semi formal attire
Judges: same attire in addition to black robes
 June 28, 2016 LEGAL ETHICS REVIEWER FOR MIDTERM| JDANDALECIO| AUSL

Rule 11.02 - A Lawyer shall punctually appear at Court hearings. Rule 12.03 - A Lawyer shall not, after obtaining extensions of time
Failure to appear in time in a pre trial conference may result in the to file pleadings, memoranda or briefs, let the period lapse without
non suit or dismissal of complaint submitting the same or offering an explanation for his failure to do
lack of punctuality interferes in the administration of justice. so.

Rule 11.03 - A Lawyer shall abstain from scandalous, offensive or Rule 12.04 - A Lawyer shall not unduly delay a case, impede the
menacing language or behaviour before the Courts. execution of a judgment or misuse Court processes.

Misbehavior in Court is a direct Contempt-misbehavior committed
in the presence of a judge so as to obstruct or interrupt the
proceedings before the same including disrespect to the Court and
can be punished summarily without hearing (Encinos v National
Bookstore Inc., 464 SCRA 572)
Lawyer’s language should be dignified. Unnecessary display of
passion, provocative or challenging gestures, shouting at the
judges, witnesses or opposing Counsel, slapping, boxing or
challenging anyone in Court to fistfight or duel are not only
contemptuous but also reprehensive and extremely degrading to
the legal profession. (Surigao Mineral Reservation Board v
Cloribel, 31 SCRA 1)
Rising one’s voice is a sign of disrespect (In re: Almacen 31 SCRA
562)
A Lawyer must not threat the judges in his pleadings or motion for
reconsideration (Montecillo v Gica, 60 SCRA 235) nor should he
suggests that a Court is guilty of graft and corruption (Sanggalang
v IAC 177 SCRA 87)
Rule 12.05 - A Lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still under
examination.
Rule 12.06 - A Lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
Rule 12.07 - A Lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Rule 12.08 - A Lawyer shall avoid testifying in behalf of his client,
except:
(a) on formal matters, such as the mailing, authentication or
custody of an instrument, and the like; or(b) on substantial matters,
in cases where his testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust the trial of the
case to another Counsel.

A mere disclaimer of any intentional disrespect is no ground for

exoneration (Paragas v Cruz 14 SCRA 809)

Rule 11.04 - A Lawyer shall not attribute to a Judge motives not

supported by the record or have no materiality to the case. (People
v Carillo 77 Phil. 572)

It is not contemptuous of a Lawyer if he demands that a

misbehaviour of a judge be placed on record. (In re: Aguas 1 Phil
1)

While Lawyers are prohibited to attribute motives to a judge not

supported by the record,Lawyers must be courageous to expose
arbitrariness and injustices of Courts and judges (People v Carillo,
77 SCRA 583)

Rule 11.05 - A Lawyer shall submit grievances against a Judge to

the proper authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND

CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A Lawyer shall not appear for trial unless he has
adequately prepared himself on the Law and the facts of his case,
the evidence he will adduce and the order of its proferrence. He
should also be ready with the original documents for comparison
with the copies.

Rule 12.02 - A Lawyer shall not file multiple actions arising from
the same cause.