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Chapter III: Lawyer’s Duties to Society Ambulance chasing refers to solicitation of almost any kind

 Rule 1.02 of legal business by laymen employed by an attorney for


A. Upholding the Constitution and the Law  A lawyer should not subvert the law by the purpose or by the attorney himself.
counseling or assisting in activities which are in
CANON 1 - A LAWYER SHALL UPHOLD THE defiance of the law. 3.5. Duty to encourage amicable settlement (Rule 1.04)
CONSTITUTION, OBEY THE LAWS OF THE LAND AND  IBP members who nullified the results of the IBP
PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. election in 1989 was held liable for violation of  A litigation involves time, expense and ill
Rule 1.02 feelings, which may be avoided by the
Rule 1.01 - A lawyer shall not engage in unlawful,  In re Turrel. A lawyer should not promote an settlement of the action.
dishonest, immoral or deceitful conduct. (UDID) organization known to be violating the law nor  Save the client additional expenses and help
assist it in a scheme which he knows is dishonest prevent the clogging of dockets
Rule 1.02 - A lawyer shall not counsel or abet activities  A lawyer who defies a writ of preliminary
aimed at defiance of the law or at lessening confidence in injunction has flouted his duties as a member of B. Making Legal Services Available
the legal system. the legal profession in violation of Rule 1.02
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
Rule 1.03 - A lawyer shall not, for any corrupt motive or 3.4. Duty not to encourage lawsuits (Rule 1.03) AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
interest, encourage any suit or proceeding or delay any COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
man’s cause. Examples of acts prohibited by Rules 1.03 EFFECTIVENESS OF THE PROFESSION.

Rule 1.04 - A lawyer shall encourage his clients to avoid, 1. GR: Volunteering advice to bring lawsuit is not Rule 2.01 - A lawyer shall not reject, except for valid
end or settle a controversy if it will admit of a fair valid reasons, the cause of the defenseless or the oppressed.
settlement.
XPN: Where ties of blood, relationship or trust make Rule 2.02 - In such cases, even if the lawyer does not
it his duty to do so accept a case, he shall not refuse to render legal advice to
3.1. Duty to uphold the Constitution and obey the law the person concerned if only to the extent necessary to
(Canon 1) 2. Hunting up defects in title or other causes of safeguard the latter’s rights.
action which may breed litigation
 Lee v. Tambago. Aside from Canon 1, a lawyer 3. Employing agents of runners for like purpose Rule 2.03 - A lawyer shall not do or permit to be done any
should make himself an example for others to 4. Paying reward, directly or indirectly, to those act designed primarily to solicit legal business.
emulate who bring or influence the bringing of such cases
to his office Rule 2.04 - A lawyer shall not charge rates lower than
3.2. Duty not to engage in unlawful conduct (Rule 1.01) 5. Remunerating policemen and other officials those customarily prescribed unless the circumstances so
under the guise of giving disinterested advice to warrant.
 Unlawful conduct is an act or omission which is seek professional services
against the law 6. Searching for unknown heirs and soliciting their 3.6. Generally
 Dishonest act – lying or cheating employment of him
 Immoral or deceitful conduct – one that involves 7. Initiating a meeting of the members of club and  Canon 2, otherwise he should help find another
moral turpitude inducing them to contest legislation under his lawyer who is qualified and able to do so.
 Moral turpitude includes anything done contrary guidance
justice, modesty or good morals, or to any 8. Purchasing notes to collect them by litigation at a  Reasons:
vileness, baseness or depravity in the private and profit
social duties that a man owes to his fellowmen 9. Furnishing credit reports in expectation of 1. Poverty and the consequent inability to pay
or society, contrary to accepted rule of right and possible employment 2. Ignorance not only of the need of legal services
duty between man and man. 10. Agreeing with a purchase of future interest to but also of where to find a competent and
 Administrative liability in case of violation of Rule invest therein in consideration of his services. dependable lawyer.
1.01.
Purpose: To prevent ambulance chasing 3.7. A lawyer shall not reject the cause of the defenseless
3.3. Duty not to counsel illegal activities (Rule 1.02)
GR: A lawyer shall not reject the cause of the defenseless CANON 4 - A LAWYER SHALL PARTICIPATE IN THE c) The Chief Justice and Associate Justices of the
or the oppressed DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR Supreme Court, incumbent and retired members
SUPPORTING EFFORTS IN LAW REFORM AND IN THE of the judiciary, incumbent members of the
XPN: Valid reasons IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Judicial and Bar Council and incumbent court
lawyers covered by the Philippine Judicial
1. He is not in a position to carry out the work 3.10. A lawyer shall keep abreast of legal developments Academy program of continuing judicial
effectively or competently education;
2. He labors under a conflict of interests between CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL d) The Chief State Counsel, Chief State Prosecutor
him and a prospective client or between a DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL and Assistant Secretaries of the Department of
present client and a prospective client. EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE Justice;
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE e) The Solicitor General and the Assistant Solicitor
XPN to XPN: Rule 2.02, the lawyer “shall not refuse to PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN General;
render legal advice to the persons concerned if only to the DISSEMINATING INFORMATION REGARDING THE LAW f) The Government Corporate Counsel, Deputy and
extent necessary to safeguard the latter’s right. AND JURISPRUDENCE. Assistant Government Corporate Counsel;
g) The Chairmen and Members of the
3.8. A lawyer shall not refuse to render legal advice  Duty not only by the lawyers but also judges Constitutional Commissions;
 After admission to the bar, a lawyer incurs a h) The Ombudsman, the Overall Deputy
 Rule 2.02 three-fold obligation: Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the
3.9. Participating in legal development 1. He owes it to himself to continue improving his Ombudsman;
knowledge of the law i) Heads of government agencies exercising quasi-
 It is a duty that flows from the lawyer’s sense of 2. He owes it to his profession to take an active judicial functions;
public responsibility interest in the maintenance of high standards of j) Incumbent deans, bar reviews and professors of
legal obligation law who have teaching experience for at least 10
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL 3. He owes it to the lay public to make the law a years accredited law schools;
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, part of its social consciousness k) The Chancellor, Vice-Chancellor and members of
DIGNIFIED AND OBJECTIVE INFORMATION OR the Corps of Professors and Professorial Lectures
STATEMENT OF FACTS. 3.11. Mandatory continuing legal education of the Philippine Judicial Academy; and
l) Governors and Mayors.
Rule 3.01 - A lawyer shall not use or permit the use of any  Purpose: to ensure that they are keep abreast Sec. 2. Other parties exempted from the MCLE
false, fraudulent, misleading, deceptive, undignified, self- with law and jurisprudence.
laudatory or unfair statement or claim regarding his  Members of the IBP not exempt under Rule 7 The following Members of the Bar are likewise exempt:
qualifications or legal services. shall complete every 3 years at least 36 hours of
continuing legal education activities, with a) Those who are not in law practice, private or
Rule 3.02 - In the choice of a firm name, no false, appropriate penalties for failure to do so, in public.
misleading or assumed name shall be used. The continued accordance with the Rules on MCLE. b) Those who have retired from law practice with
use of the name of a deceased partner is permissible the approval of the IBP Board of Governors.
provided that the firm indicates in all its communications Rule 7: Exemptions
that said partner is deceased. Sec. 3. Good cause for exemption from or modification of
Sec. 1. Parties exempted from the MCLE - The following requirement - A member may file a verified request setting
Rule 3.03 - Where a partner accepts public office, he shall members of the Bar are exempt from the MCLE forth good cause for exemption (such as physical disability,
withdraw from the firm and his name shall be dropped requirement: illness, post graduate study abroad, proven expertise in
from the firm name unless the law allows him to practice law, etc.) from compliance with or modification of any of
law concurrently. a) The President and the Vice President of the the requirements, including an extension of time for
Philippines, and the Secretaries and compliance, in accordance with a procedure to be
Rule 3.04 - A lawyer shall not pay or give anything of value Undersecretaries of Executives Departments; established by the MCLE Committee.
to representatives of the mass media in anticipation of, or b) Senators and Members of the House of
in return for, publicity to attract legal business. Representatives; Sec. 4. Change of status - The compliance period shall
begin on the first day of the month in which a member
ceases to be exempt under Sections 1, 2, or 3 of this Rule 3.14. Restrictions on the functions of public 3.16. Role of private prosecutor
and shall end on the same day as that of all other prosecutor
members in the same Compliance Group.  The Rules of Court provides that “unless the
 People v. Madera. Public prosecutors should not offended party has waived the civil action or
Sec. 5. Proof of exemption - Applications for exemption allow that their office is being used or expressly reserved the right to institute it
from or modification of the MCLE requirement shall be prostituted for political ends or other purposes. separately from the criminal action, and subject
under oath and supported by documents.  Suarez v. Platon. It is his duty to refrain from to the provision of Sec. 5 thereof, which gives to
improper methods calculated to produce a the public prosecutor the direction and control
C. Applicability of Code to Government Lawyers wrongful conviction as it is to use every of the prosecution, he may intervene by counsel
legitimate means to bring about a just one. in the prosecution of the offense”
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN  He should not offer illegally seized evidence
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR  He should not consent to any undue delay in the GR: An offended party has the right to intervene in the
OFFICIAL TASKS. prosecution of the action prosecution of a crime
 He may not assert his personal knowledge of a
Rule 6.01 - The primary duty of a lawyer engaged in public crime unless he withdraws as prosecutor and XPN:
prosecution is not to convict but to see that justice is done. takes the witness stand, to give the defense
The suppression of facts or the concealment of witnesses counsel opportunity to cross-examine him. 1. Where from the nature of the crime and the law
capable of establishing the innocence of the accused is  Assist in the escape of a prisoner defining and punishing it no civil liability arises in
highly reprehensible and is cause for disciplinary action.  Institute a criminal action to force a settlement favor of a private offended party
of a case 2. Where from the nature of the offense the
Rule 6.02 - A lawyer in the government service shall not  Agree to refrain from prosecuting a person in offended party is entitled to civil indemnity
use his public position to promote or advance his private consideration of a reward arising therefrom but he has waived the same or
interests, nor allow the latter to interfere with his public  Receive money for dismissing a complaint has expressly reserved his right to institute a civil
duties.  Induce an accused to plead guilty action or he has already instituted said action.
 Willfully fail to prosecute violations of law or
Rule 6.03 - A lawyer shall not, after leaving government lose the records thereof  Cabral v. Puno. A motion for reconsideration
service, accept engagement or employment in connection  Have a secret law partner with whom he divides filed by the counsel of the offended party, of the
with any matter in which he had intervened while in said the attorney’s fees order dismissing the case produced no legal
service. effect because only the prosecutor can file the
3.12. Code applicable to government lawyers 3.15. In appeals, the Solicitor General has control appropriate pleading, if it will not put the
accused in double jeopardy.
 Reason: A lawyer does not shed his professional  SG in appeals to the CA and SC  People v. Munar. However, where the offended
obligations upon his assuming public office  People v. Mendoza. The SC sometimes overlooks party withdrew his reservation to file a separate
 A government lawyer may thus be held this procedural lapse and proceeds to resolve the civil action, the private prosecutor may still
administratively liable for breach of canons and case on its merit, even when the case is filed by a intervene in the prosecution of the criminal case,
rules of CANONS or the lawyer’s oath. prosecutor. by conducting the examination of witnesses
 SG may discontinue the prosecution of the case under the control of the prosecutor.
3.13. A prosecutor shall see to it that justice is done in the CA in its sound discretion.  Once the offended part has filed a separate civil
action arising from the crime, he may not
 Rule 6.01 GR: Only the SG may appear as the lawyer of the People in withdraw such civil case in order to intervene in
 Public office is a public trust CA and SC the criminal prosecution.
 Public prosecutor is a quasi-judicial officer
 Trieste v. Sandiganbayan. If on appeal by the XPN: R.A. 8249. “In all cases elevated to the 3.17. Intervention by private lawyer is subject to
accused from a conviction by the trial court the Sandiganbayan and from the Sandiganbayan to the SC, the prosecutor’s control
public prosecutor finds no legal basis to sustain Office of the Ombudsman, through its special prosecutor,
the conviction, he should hesitate to recommend shall represent the People of the Philippines, except in  Always under the direction and control of the
that the accused be acquitted. case filed pursuant to E.O. 1, 2, 14 and 14-A issued in 1986. public prosecutor
 Where the prosecutor has turned over the active of their office and not made available to the
conduct of the trial to the private prosecutor public, either: (1) To further their private
even when the public prosecutor was absent interests, or give undue advantage to anyone; or
during the trial, the evidence presented could (2) To prejudice the public interest.
not be considered valid evidence of the People
of the Philippines. 3.20. Former official may not accept certain
 People v. Beriales. However, the rule that the employment
evidence presented by the private prosecutor at
a hearing, at which neither the prosecutor or his  Rule 6.03
assistant or authorized special counsel was  PCGG v. Sandiganbayan and Mendoza.
present, cannot be considered as evidence, “Drafting, enforcing or interpreting government
applies only to courts which are provided by law or agency procedures, regulations or laws, or
with their own prosecutors, and not to municipal briefing abstract principles of laws “ are act
courts which have no trial prosecutors which do not fall within the scope of the term
“matter” and cannot disqualify.
3.18. When public prosecutor should take over  “Intervention” includes an act of a person who
handling of case has a power to influence the subject
proceedings.
 A public prosecutor should not however allow
the trial in the hands of a private prosecutor to
degenerate into a private prosecution.
 In such event, take over the active conduct of the
litigation.

3.19. A lawyer shall not use his public position to


promote his private interest

 Rule 6.02
 If the duty of the public lawyer may conflict with
his official duties, he should terminate his
professional relationship
 R.A. 6713, Sec. (b) and (c). Public officials and
employees during their incumbency shall not:

(1) Own, control, manage or accept employment as


officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law,
provided, that such practice will not conflict or
tend to conflict with their official functions; or
(3) Recommend any person to any position in a
private enterprise which has a regular or pending
official transaction with their office.
(4) use or divulge, confidential or classified
information officially known to them by reason