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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.
Facts: A deed of absolute sale was notarized by the
father of the buyer-minor who is also the stockholder
and legal counsel for the vendor and was not duly
commissioned as notary public of that date.
(Nunga vs. Viray, Adm. Case No. 4758, April 30, 1999)

Ruling: A lawyer brings honor and integrity to the


legal profession by faithfully performing his duties to
society, to the Bar, to the courts and to his clients.
A member of the legal fraternity should
refrain from doing any act which might lessen in any
degree the confidence and trust reposed by the public
in the fidelity, honesty and integrity of 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.
Canon 29, CPE He should expose without fear
or favor before the Supreme Court corrupt or
dishonest conduct in the profession and
should accept without hesitation employment
against a lawyer who has wronged his client.
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.
Garrido v. Garrido
Section 27, Rule 138 of the Rules of Court
expressly states that a member of the bar may be
disbarred or suspended from his office as
attorney by the Supreme Court for, among
others, any deceit, grossly immoral conduct, or
violation of the oath that he is required to take
before admission to the practice of law. It bears
to stress that membership in the Bar is a
privilege burdened with conditions.
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.
Zaguirre v. Castillo, the possession of good moral
character is both a condition precedent and a
continuing requirement to warrant admission to the
bar and to retain membership in the legal
profession. It is the bounden duty of members of
the bar to observe the highest degree of morality in
order to safeguard the integrity of the Bar.
Consequently, any errant behavior on the part of
a lawyer, be it in the lawyers public or private
activities, which tends to show said lawyer deficient
in moral character, honesty, probity or good
demeanor, is sufficient to warrant suspension or
disbarment.
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.
In re Ramon Galang, 66 SCRA 282 That the concealment of an
attorney in his application to take the Bar examinations of the fact
that he had been charged with, or indicted for an alleged crime, as
a ground for revocation of his license to practice law, is well
settled.

Rule 138, Sec. 13, RRC No candidate shall endeavor to influence


any member of the committee, and during examinations the
candidates shall not communicate with each other nor shall they
give or receive any assistance. The candidates who violates this
prohibition or any other provision of this rule, shall be barred from
the examination, and the same to count as a failure against him,
and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.
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.
Leda vs Atty Tabang
Issue: Whether or not Atty. Tabang violated Rule
7.01 of Canon 7 of the Code of Professional
Responsibility.
Ruling: The Court held that respondents
declaration in his application for Admission to the
1981Bar Examinations that he was "single" was a
gross misrepresentation of a material fact made
inutter bad faith, for which he should be made
answerable.
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.
Canon 29, CPE A lawyer should aid in guarding the
Bar against admission to the profession of
candidates unfit or unqualified for being deficient in
either moral character or education. Public policy
requires that the practice of law be limited to those
individuals found duly qualified in education and
character. The permissive right conferred on the
lawyer is an individual and limited privilege subject
to withdrawal if he fails to maintain proper
standards of moral and professional conduct.
Rule 7.03. A lawyer shall not engaged 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.
Melendrez vs. Decena, 176 SCRA 662 A lawyer who commits
an unlawful act though not related to the discharge of his
professional duties as a member of the Bar, which puts his
moral character is serious doubt, renders him unfit to
continue in the practice of law.
In re: Pelaez, 44 Phil. 567 The grounds for disciplinary actions
enumerated under the Rules of Court are not exclusive and
are so broad as to cover practically any misconduct of a
lawyer in his professional or private capacity.
Toloza vs. Cargo, 171 SCRA 21 As officers of the court, lawyers
must not only in fact be of good moral character but also be
seen of good moral character and leading lives in accordance
with the highest moral standards of the community.
CANON 8
A lawyer shall conduct himself with courtesy, fairness and
candor toward his professional colleagues, and shall avoid
harassing tactics against opposing counsel.
The golden rule is much more needed in the legal
profession than in any other profession for a
better administration of justice.
Yulo vs. Yang Chiao Seng, 106 Phil. 110 (1959) He
should not take advantage of the excusable
unpreparedness or absence of counsel during the
trial of a case.
Canon 9, CPE 21 A lawyer should not in any way
communicate upon the subject of controversy
with a party represented by counsel, much less
should he undertake to negotiate or compromise
the matter with him, but should deal only with
his counsel.
Rule 8.01. A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
A.B.A. Op. 17 (Jan. 23, 1930) The fact that one of them
conducts himself improperly does not relieve the other from
the professional obligation in his relation with him.
Report of IBP Committee, p. 41 Any kind of language which
attacks without foundation and integrity of the opposing
counsel or the dignity of the court may be stricken off the
records or may subject a lawyer to disciplinary action.
In re: Gomez, 43 Phil. 376 A lawyer who uses intemperate,
abusive, abrasive or threatening language portrays disrespect
to the court, disgraces the Bar and invites the exercise by the
court of its disciplinary power.
In re: Climaco, 55 SCRA 107 A lawyers language should be
forceful but dignified, emphatic but respectful as befitting an
advocate and in keeping with the dignity of the legal
profession.
Rule 8.01. A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
National Security Co. vs. Jarvis The lawyers
arguments, whether written or oral, should be
gracious to both the court and opposing counsel
and be of such words as may be properly addressed
by one gentleman to another.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of the 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 the other lawyers client nor induce
the latter to retain him by a promise of better service, good
result or reduced fees for his services. Neither should he
disparage another, make comparisons or publicize his talent
as a means to feather his law practice.
Laput vs. Remotigue, 6 SCRA 45 (1962) It is, however, the
right of a lawyer, without fear or favor, to give proper advice
to those seeking relief against unfaithful or neglectful
counsel. He may properly accept employment to handle a
matter which has been previously handled by another lawyer,
provided that the other lawyer has been given notice by the
client that his services have been terminated.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of the lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
In re: Soriano, 33 SCRA 801 (1970) x x x Before taking over a
case handled by a peer in the Bar, a lawyer is enjoined to
obtain the conformity of the counsel whom he would
substitute. And if this cannot be had, then he should, at the
very least, give notice to such lawyer of the contemplated
substitution. His entry of appearance in the case without the
consent of the first lawyer amounts to an improper
encroachment upon the professional employment of the
original counsel.
In re: Clemente M. Soriano, 33 SCRA 801 (1970) A lawyer who
has acquired knowledge of the malpractices of a member of a
Bar, has the duty to the public and to the legal profession to
inform the Supreme Court or the IBP of such malpractices to
the end that the malpractitioner be properly disciplined.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of the lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
Canon 7, CPE A clients proffer of assistance of
additional counsel should not be regarded as
evidence of want of confidence, but the matter
should be left to the determination of the client. He
should decline association as a colleague if it is
objectionable to the original counsel, but if the
lawyer first retained is relieved, he may come into
the case. .
CANON 9 A lawyer shall not, directly or indirectly, assist in the
unauthorized practice of law.

Rule 71, sec.3 (e), Revised Rules of Court The act of


pretending or assuming to be an attorney or an
officer of the court and acting as such without
authority is punishable with contempt of court. The
lawyer who assists in an unauthorized practice of
law whether directly or indirectly is subject to
disciplinary action.
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.

Guballa vs. Caguioa, 78 SCRA 302 A lawyer is prohibited from


taking as partner or associate any person who is not authorized to
practice law to appear in court or to sign pleadings. A lawyer,
who is under suspension from practice of law is not a member of
the Bar in good standing. A lawyer whose authority to practice has
been withdrawn due to a change in citizenship or allegiance to the
country cannot appear before the courts.
Comments of IBP Committee, pp. 47-48 A lawyer can employ lay
secretaries, lay investigators, lay detectives, lay researchers,
accountants or non-lawyer draftsmen, to undertake any task not
involving practice of law. He may also avail himself of the
assistance of law students in many of the fields of the lawyers
work, such as the examination of a case law, finding and
interviewing witness, examining court records, delivering papers,
and similar matters.
Rule 9.02. A lawyer shall not divide or stipulate a fee for legal
service with persons not licensed to practice law, except:
a. where there is a pre-existing agreement with the partner or
associate that, upon the latters 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 the lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the plan is based in
whole as in part, on a profit-sharing arrangement.
Rule 9.02
Five J Taxi v. NLRC As a non-lawyer, Pulia is not
entitled to attorneys fees even though he is
the authorized representative of the
respondents to the NLRC. The existence of an
attorneys fee imputes an attorney-client
relationship. This cannot happen between
Pulia and respondents.

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