canon 3.docx

8/12/2019 CANON 3.docx

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CANON 3: QUICK REFERENCE

MEMORY AID FOR RULES UNDER CANON 3: o No Fair or Unfair Claim re: Qualifications (Rule

3.01) o No False or Misleading Firm Name (Rule 3.02) o Partners Assuming Public Office (Rule

3.03) o No Use of Media to Attract Legal Business (Rule 3.04)

KNOW MORE:

I. Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading,deceptive, undignified, self-laudatory, or unfair statement or claim regarding his qualifications

or legal services.

A lawyer may not properly publish his brief biographical and informative data in a daily paper,

magazine, trade journal or society program in order to solicit legal business (Khan v. Simbillo,

409 SCRA 299 (2003))6

It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises

his wares. The law is a profession 6 Atty. Simbillo advertised his

services in a Philippine Daily Inquirer ad which read Annulment of Marriage Specialist 532-

433/521-2667. The Court heldthat the solicitation of legal business is not altogether

proscribed. However, for solicitation to be proper, it must be compatible with the dignity of the

legal profession. The use of simple signs stating the name or names of the lawyers, the office,

and the residence address and fields of practice, as well as advertisements in legal periodicals

bearing the same brief data and the use of calling cards are permissible. The publication in

reputable law lists, in a manner consistent with the standards of conduct imposed by the

canon, of brief biographical and informative data is likewise allowed.

and not a business. The lawyer may not sell or obtain employment himself or through others

for to do so would be unprofessional. It is destructive of the honor of a great profession. It

lowers the standards of that profession. It works against the confidence of the community and

it results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7

Advertising, Direct of IndirectThe most worthy and effective advertisement possible, even

for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be force, but

must be the outcome of character and conduct. The publication or circulation of ordinary

simple business cards, being a matter of personal taste or local custom, and some times of

convenience is not per se improper. But solicitation of business by circulars or advertisements,

or by personal relations is unprofessional. It is equally unprofessional to procure business by

indirection through touters of any kind whether allied real estate firms or trust companies

advertising to secure the drawing of deeds or wills or offering retainers in exchange for

executorships or trusteeships to be influenced by the lawyer. Indirect advertisement for

business by furnishing or inspiring newspaper comments concerning the manner of their

conduct, the magnitude of the interests involved, the importance of the lawyers position, andall other like self- laudation, defy the traditions and lower the tone of our high calling and are

intolerable. (Sec. 27, Canon of Professional Ethics)

Notice of specialized serviceWhere a lawyer is engaged in rendering a specialized legal

service directly and only to other lawyers, a brief, dignified notice of that fact, couched in

language indicating that it is addressed to lawyers, inserted in legal periodicals and like

publications, when it will afford convenient and beneficial information to lawyers desiring to

obtain such service, is not improper. (Sec. 46, Canon of Professional Ethics)


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Surviving partners cannot continue to use the names ofthe deceased partners. The Court

held, amongst others, that: Continued use will run counter to Art. 1815 CC which tacitly

provides that names in a firm name of a partnership must be those of living partners and, in

case of non-partners, should be living persons who can be subject to liability. The public

relations value of the use of an old firm name can create undue advantage and disadvantage in

the practice of the profession. (In the Matter of the Petition for Authority to Continue Use ofthe Firm NameOzaeta, Romulo, de Leon, etc. and Petition for Authority to Continue Use of

Firm NameSycip, Salazar, Feliciano, etc. (1979)

III. 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

Limitation: No Senator or member of the House of Representative may personally appear

before any court of justice or before the Electoral Tribunal, or quasi-judicial and other

administrative bodies (Const, art. VI, sec. 14)

Prohibition: The President, Vice-President, the members of the cabinet and assistants shall

not, unless otherwise provided in this Constitution, hold any other office or employment during

their tenure. They shall not, during said tenure, directly or indirectly practice any profession

(Const, art. VII, sec. 13)

Prohibition: No member of a Constitutional Commission shall, during his tenure, hold any

other office or employment. Neither shall he

engage in the practice of any profession (Const, Art. IX, Sec. 2)

It is unlawful for a public official or employee to, among others: 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 official functions. (Samonte v. Gatdula, 303

SCRA 756 (1999))8

IV. 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, publicity to attract legal business. It is bad enough to have such undue publicity when a criminal case is being investigated by

the authorities, even when it being tried in court; but when said publicity and sensationalism is

allowed, even encouraged, when the case is on appeal and is pending consideration by this

Tribunal, the whole thing becomes inexcusable, even abhorrent, and this Court, in the interest

of justice, is constrained and called upon to put an end to it and a deterrent against its

repetition by meting an appropriate disciplinary measure, even a penalty to the one liable.

(Cruz v. Salva, 105 Phil 1151 (1959))


KNOW MORE: While the lawyers task in contributing to the improvement of the legal system

is not a matter of strict duty, it is a duty nevertheless that flows from the lawyers sense ofpublic responsibility. The improvement of the legal system cannot, however, be done by

dreaming in a vacuum. The lawyer must recognize that the law is a part of vast social network

and whether he likes it or not, he has to interact with the rest of society. There is thus the need

on the part of the lawyer to transcend the narrow limits of technical law. Intricately woven is

the law with the social fabric that the legal profession cannot afford to confine itself to

narrowly technical legal questions. A lawyer must broaden out and continue to grow in

knowledge and competence in order to be able to make the law socially responsive. (Agpalo)


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KNOW MORE:

Bar Matter 850 Mandatory Continuing Legal Education9

Members of the IBP, except those exempt under Rule 7 of Bar Matter No.850 (Mandatory

8 Facts: The name of Rolando Gatdula, a branch clerk of court, appeared on the calling card of a

firm 9 ANNEXED

1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 12 of 74

LEGAL ETHICS

Canon 5: A lawyer shall keep abreast of legal developments, participate in continuing legal

education programs, support efforts to achieve highest standards in law schools as well as in

the practical training of law students and assist in disseminating information regarding law and

jurisprudence.

Continuing Legal Education), are required every 3 years to complete at least 36 hours of

continuing legal education activities, with appropriate penalties for failure to do so. (Agpalo)


MEMORY AID FOR RULES UNDER CANON 6: o Primary Duty: See Justice Is Done (Rule 6.01) o

Not to Use Public Position for Private Interest (Rule 6.02) o Not to Engage in Related

Employment (Rule 6.03)

KNOW MORE:

RA 6713, (Code of Conduct and Ethical Standards for Public Officials and Employees.)Sec. 4(A)

Norms of Conduct of Public Officials and Employees.

(A) Every public official and employee shall observe the following as standards of personal

conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the

public interest over and above personal interest. All government resources and powers of their

respective offices must be employed and used efficiently, effectively, honestly and

economically, particularly to avoid wastage in public funds and revenues.(b) Professionalism. - Public officials and employees shall perform and discharge their duties

with the highest degree of excellence, professionalism, intelligence and skill. They shall enter

public service with utmost devotion and dedication to duty. They shall endeavor to discourage

wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all

times. They must act with justness and sincerity and shall not discriminate against anyone,

especially the poor and the underprivileged. They shall at all times respect the rights of others,

and shall refrain from doing acts contrary to law, good morals, good customs, public policy,

public order, public safety and public interest. They shall not dispense or extend undue favors

on account of their office totheir relatives whether by consanguinity or affinity except with respect to appointments of such

relatives to positions considered strictly confidential or as members of their personal staff

whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without

unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt,

courteous, and adequate service to the public. Unless otherwise provided by law or when


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required by the public interest, public officials and employees shall provide information of their

policies and procedures in clear and understandable language, ensure openness of information,

public consultations and hearings whenever appropriate, encourage suggestions, simplify and

systematize policy, rules and procedures, avoid red tape and develop an understanding and

appreciation of the socio-economic conditions prevailing in the country, especially in the

depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the

Republic and to the Filipino people, promote the use of locally produced goods, resources and

technology and encourage appreciation and pride of country and people. They shall endeavor

to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the

democratic way of life and values, maintain the principle of public accountability, and manifest

by deeds the supremacy of civilian authority over the military. They shall at all times uphold the

Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives

appropriate to their positions and income. They shall not indulge in extravagant or ostentatious

display of wealth in any form.


LEGAL ETHICS

Canon 6. These Canons shall apply to lawyers in government service in the discharge of their

official duties.

Rule 6.01. The primary duty of a lawyer 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. Rule 6.02. A lawyer in government service shall not use his public position to promote oradvance his private interests, nor allow the latter to interfere with his public duties.

Rule 6.03. A lawyer shall not, after leaving government service, accept engagement or

employment in connection with any matter in which he had interned.


I. Rule 6.01. The primary duty of a lawyer 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.

The benefit of the doubt belongs to the prosecuting attorney. The prosecuting attorney is

under no compulsion to file a particular criminal information where he is not convinced that hehas evidence to prop up the averments thereof, or that the evidence at hand points to a

different conclusion. (People v. Pineda, 20 SCRA 748 (1967))

A public prosecutor isa quasi-judicial officer who represents, not an ordinary party to a

controversy, but sovereignty. This sovereignty has its obligation to govern impartially.

Therefore, the interest in a criminal prosecution is not that it shall win a case but that justice

shall be done. (Agpalo)


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II. Rule 6.02. A lawyer in 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. While the

charges have to be dismissed, still it would not be inappropriate for respondent to avoid all

appearances of impropriety. Respondent, in his future actuations as a member of the bar,

should refrain from laying himself open to such doubts and misgivings as to his fitness not only

for the position occupied by him but also for membership in the bar. He is not worthy ofmembership in an honorable profession who does not even take care that

his honor remains unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976))10 A member of the

Bar who assumes public office does not shed his professional obligation. The CPR was not

meant to govern the conduct of private petitioners alone, but of all lawyers including those in

government service. Lawyers in government are public servants who owe the utmost fidelity to

the public service. Thus they have to be mores sensitive in the performance of their

professional obligations. A lawyer in public service is a keeper of public faith and is burdened

with a high degree of social responsibility, perhaps higher than her brethren in private practice.

(Vitriolo v. Dasig, 400 SCRA 172 (2003))11

III. 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.

RA 3019, Sec. 3(d) (Anti-Graft and Corrupt Practices Act). In addition to acts or omissions of

public officers already penalized by existing law, the following shall constitute corrupt practices

of any public officer and are hereby declared to be unlawful: (d) Accepting or having any

member of his family accept employment in a private enterprise which has pending official

business with him during the pendency thereof or within one year after its termination.

RA 6713, Sec. 7(b). In addition to acts and omissions of public officials and employees not

prescribed in the Constitution and existing laws, the following shall constitute prohibited acts

and transactions of any public official and employee and are hereby declared to be unlawful: (b)

Outside employment and other activities related thereto.Public officials and employees

during their incumbency shall not: 1) Own, control, manage or accept employment as officeremployee, 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.

10 FACTS: Atty. San Juan, a captain of the MM Police force and a

member of the bar was charged with coercing an employee, Misamin, to agree to drop charges

filed against his employer Tan Hua for violation of the Minimum Wage Law. The case was

dismissed for lack of evidence. 11 FACTS: The SC disbarred Atty. Felina Dasig, the OIC of theLegal Affairs Service of CHED, for making unlawful demands to extort money from certain

people who had pending applications in her office for correction of names. Generally speaking,

a lawyer who holds a government office may not be disciplined as a member of the Bar for

misconduct in the discharge of his duties as government official. However, if said misconduct as

a government official also constitutes a violation of his oath as a lawyer then he may be

disciplined by this Court as a member of the Bar.


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LEGAL ETHICS

These prohibitions shall continue to apply for a period of 1 year after resignation, retirement or

separation from public office, / except in case of subparagraph (2) above, / but the professional

concerned cannot practice his profession in connection with any matter before the office he

used to be with, / in which case the one year prohibition shall likewise apply. RA 910 Sec. 1 (condition of pension). No retiring justice or judge of a court of record or city or

municipal judge during the time that he is receiving said pension shall appear as counsel in any

court in any civil case where in the govt. or any of its subdivisions or instrumentalities is an

adverse party, in a criminal case were an officer or employee of the govt. is accused of an

offense related to his official function, or collect any fee for his appearance in any

administrative proceedings to maintain an interest adverse to the govt.

In determining whether Atty. Mendoza committed a breach of Rule 6.03, certain factual

predicates should be established, thus: (a) in connection with what matter has Atty. Mendoza

accepted an engagement or employment after leaving the government service?; (b) in

connection with what matter did he intervene while in government service?; and (c) what

acts did he particularly perform in intervening in connection with such matter? The first

concern in assessing the applicability of the Rule is the definition of matter. The same lawsuit

or litigation is the same matter. The same issue of fact involving the same parties and the same

situation or conduct is the same matter. By contrast, work as a government employee in

drafting, enforcing or interpreting government or agency procedures, regulations, or laws, or in

briefing abstract principles of law, does not disqualify the lawyer under DR 9-101 (B) from

subsequent private employment involving the same regulations, procedures, or points of law;

the same matter is not involved because there is lacking the discrete, identifiable transaction

or conduct involving a particular situation and specific parties. Intervention is interference that

may affect the interest of others. Since the word intervene has two connotations, one

affecting interest of others and one done merely in influencing others, Rule 6.03 should be readin the context of the former. To interpret it otherwise is to enlarge the coverage of Rule 6.03.

(PCGG v. Sandiganbayan, 455 SCRA 526 (2005))

B. The Lawyer and the Legal Profession

MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Uphold Dignity and Integrity in the

Profession (Canon 7) 2. Courtesy, Fairness, Candor Towards Professional Colleagues (Canon 8)

3. Unauthorized Practice of Law (Canon 9)


MEMORY AID FOR RULES UNDER CANON 7: o No False Statement (Rule 7.01) o Not to Support

Unqualified Bar Applicant (Rule 7.02) o No Conduct Adversely Affecting the Profession (Rule

7.03)KNOW MORE:

The basic postulate of the IBP is that it is non- political in character and that there shall be

neither lobbying nor campaigning in the choice of the IBP Officers. The spectacle of lawyers

bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the

publics esteem. (In Re: Election of the IBP, 178 SCRA 398 (1989))

More than just paying IBP Membership dues, a lawyer should help achieve objectives and

purposes of the IBP, i.e., assist in the administration of justice; foster and maintain on the


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part of its members high ideals of integrity, learning, professional competence, public service

and conduct; safeguard the professional interests of its members; cultivate among its

members a spirit of cordiality and brotherhood; provide a forum for the discussion of law,

jurisprudence, law reform, pleading, practice and procedure and the relations of the bar

thereto; encourage and foster legal education; promote a continuing program of legal

research in substantive and adjective law, and make reports and recommendations thereon.(Agabin)

The act of downloading the test questions from the bar examiners PC without the latters

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.

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.

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.


LEGAL ETHICS

Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward his

professional colleagues, and shall avoid harassing tactics against opposing counsel.

Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive, offensive

or otherwise improper.

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.knowledge and permission was a criminal act of larceny. By transmitting and distributing the

stolen questions to his fraternity brothers, he had given them undue advantage over the other

bar takers. (Re: 2003 Bar Examinations, 421 SCRA 703 (2004))

Re: Payment of IBP Dues: The integration of the Phil. Bar means the unification of the entire

lawyer population requiring membership and financial support of every attorney as condition

sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the

SC. Bar integration does not compel the lawyer to associate. The only compulsion is the

payment of annual dues which, the SC, in order to foster the States legitimate interest in

elevating the quality of professional legal services, may require to be shared by all the subjects

and beneficiariesthe lawyers. The fee is a regulatory measure not barred by the Constitution.The only limitation is that the regulation should not impose an unconstitutional burden. The

public interest far outweighs the slight inconvenience to a member. The compulsory nature of

payment of dues subsists for as long as ones membership in the IBP remains, regardless of the

extent of practice of a lawyer. (Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005))

I. 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.


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Observance of the duties and responsibilities of a lawyer begins even as a law student. A

students failure to live up to them may be a ground for SC to refuse admission to practice or

for disbarment should SC learn later on about his/her transgressions. (Agpalo)

II. 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 should not readily execute an affidavit of good moral character in favor of anapplicant who has not live up to the standard set by law. He should volunteer information or

cooperate in any investigation concerning alleged anomaly in the bar examination. This is to

help guard the profession from candidates who are unfit or unqualified. He should expose

without fear or favor before the SC corrupt or dishonest conduct in the profession and should

not hesitate to accept professional employment against a lawyer who has wronged his client.

(Agpalo)

III. 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.

In a disbarment proceeding, it is immaterial that the complainant is aware of his marital

status or that he was not caught in pari delicto because this is not a proceeding to grant relief

to the complainant but one to purge the law profession of unworthy members, to protect the

public and the court. Possession of good moral character is not only a condition precedent to

admission to the legal profession, but its continued possession is essential to maintain ones

good standing in the profession. (Zaguirre v. Castillo, 398 SCRA 659 (2003))12


MEMORY AID FOR RULES UNDER CANON 8: o No Abusive and Improper Language (Rule 8.01) o

Not to Encroach on Professional Employment (Rule 8.02)

KNOW MORE:

I. Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive,

offensive or otherwise improper. The fact that one of the lawyers conducts him/herself improperly does not relieve the other

from professional obligation in his relation with him/her. (Agpalo)

Any undue ill-feeling between clients should not influence counsels in their conduct and

demeanor toward each other. While lawyers owe entire devotion to the interest of their

clients, their office does not permit violation of 12 FACTS: Zaguirre and

Castillo were officemates at the NBI. Zaguirre said that Castillo represented himself to be single,

courted her and promised her marriage. Soon they had intimate relations and Zaguirre became

pregnant. During their affair, Castillo was preparing for the bar exam which he passed. Only

after Castillo was admitted to the Bar did Zaguirre learn that he was married. She presented an

affidavit executed by Castillo, who by now is a lawyer admitting his relationship with her andrecognizing the baby she was carrying as his. However, when she gave birth, Castillo refused to

recognize the child and to give her any form of support. Castillo denied all her allegations and

said that what transpired between them was nothing but mutual lust and desire. He admitted

that he executed the affidavit but explained that he only did so to save Zaguirre from

embarrassment. He sought understanding from the court by pointing out that men by nature

are polygamous. The SC indefinitely suspended him from the practice of law for gross immoral

conduct.


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LEGAL ETHICS

the laws or any manner of fraud or chicanery. (Reyes vs. Chiong, Jr., 405 SCRA 212))

II. 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, togive 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

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 further his law

practice. (Agpalo)

He may accept employment to handle a matter previously handled by another lawyer,

provided that the other lawyer has been given notice of termination of service. Without such

notice, he shall only appear once he has obtained conformity or has, at the very least, given

sufficient notice of contemplated substitution. A lawyers appearance in the case without

notice to the first lawyer amounts to an improper encroachment upon the professional

employment of the original counsel. (Agpalo)

A lawyer should not, in the absence of the adverse partys counsel, interview the adverse

party and question him as to the facts of the case even if the adverse party was willing to do so.

Neither should he sanction the attempt of his client to settle a litigated matter with the adverse

party without the consent nor knowledge of the latters counsel. (cf. Canon 9) (Agpalo)

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. The 2nd

lawyer should communicate with the 1st before making an appearance. Should the 1st lawyer

object, he should decline association but if the 1st lawyer is relieved, he may come into the

case. (Agpalo) When there is conflict of opinions between two lawyers jointly associated in a case, the client

should decide. The decision should be accepted unless the nature of the difference makes it

impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In

this event, it is his/her duty to ask client to relieve him/her. (Agpalo)


MEMORY AID FOR RULES UNDER CANON 9: o Not to Delegate Work (Rule 9.01) o Not to Divide

Legal Fees (Rule 9.02)

KNOW MORE:

Ranas having passed the bar and taking the oath does not make him a lawyer. It is the

signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. (Aguirre v. Rana,403 SCRA 342 (2003))13

Private practice does not pertain to an isolated court appearance; rather, it contemplates a

succession of acts of the same nature habitually or customarily holding ones self to the public

as a lawyer. It is evident that the isolated appearances as pro bono counsel do not constitute

the private practice of the law profession contemplated by law. Nonetheless, though his

appearances do not amount to private practice, he still failed to obtain a written permission

from the head of the Department as required by the Revised Civil Service Rules (No officer or


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employee shall engage directly in any private business, vocation or profession). (OCA v.

Ladanga, 350 SCRA 326 (2001))14 13 FACTS: Edwin Rana passed the

2000 Bar Examinations but was denied admission after it was found that he appeared as

counsel for a candidate in the May 2001 elections before the Municipal Board of Election

Canvassers of Mandaon, Masbate where he even filed a pleading representing himself as

counsel for and in behalf of Vice Mayoralty candidate George Bunan. All these he did beforesigning the roll of attorneys.

14 FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerk of Court the RTC of Makati,

for practicing law without prior permission when he appeared as pro bono counsel for his

cousin. Atty. Ladaga had actually requested the Court Administrator for

Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

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.

Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons

not licensed to practice law, except: 1. there is a pre-existing agreement with a 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 2. Where a lawyer undertakes to

complete unfinished or legal business of a deceased lawyer; or 3. 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 profit- sharing arrangement.


LEGAL ETHICS

A person not admitted to the bar may not hold himself out to the public as engaged in the

practice of law, either alone or as associated with a practicing attorney under a firm name. (US

v. Ney (1907))

The title of attorney is reserved to those who, having obtained the necessary degree in thestudy of law and successfully taken the Bar Examinations, have been admitted to the IBP and

remain members thereof in good standing, and it is they only who are authorized to practice

law in this jurisdiction. (Alawi v. Alauya (1997))15

I. 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.

Can employ secretaries, investigators, detectives, researches as long as they are not involved

in the practice of law (e.g., not writing pleadings, appearing in court, etc.) (Agpalo)

NOTES FROM PROF: JARDALEZA: May a lawyer delegate a case to another lawyer within the

same firm? If a client has specified the services of one particular attorney, then the case may

not be delegated. Otherwise, it may be delegated.II. Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons

not licensed to practice law, except: a. Where there is a pre-existing agreement with a 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 or 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 profit- sharing arrangement.


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The first two exceptions to the rule represent compensation for legal service rendered by the

deceased lawyer during his lifetime, which is paid to his estate or heirs. The third exception to

the rule does not involve, strictly speaking, a division of legal fees with non-lawyer employees.

The retirement benefits in the form of pension represent additional deferred wages or

compensation for past services of the employees (Agpalo)

authority to appear but nonetheless appeared beforeauthorization could be given.

15 FACTS: Alauya, a member of the Sharia Bar used the title of attorney.

C. The Lawyer and the Courts

MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Observe Candor, Fairness and Good Faith

(Canon 10) 2. Respect Courts and Judicial Officers (Canon 11) 3. Assist in Speedy and Efficient

Administration of Justice (Canon 12) 4. Refrain from Act Giving Appearance of Influence (Canon

13)


MEMORY AID FOR RULES UNDER CANON 10: o Truthfulness Towards the Court (Rule 10.01) o

Not to Misquote or Misrepresent Contents of Paper (Rule 10.02) o Observe Rules of procedure

(10.03)

KNOW MORE: As an officer of the court and as part of the machinery for the administration of

justice, a lawyer is continually accountable to the court for the manner he discharges his duties

and is always subject to its disciplinary control (Agpalo)

The oath to which all lawyers have subscribed in solemn agreement to dedicate themselves to

the pursuit of justice is not a mere ceremony or formality for practicing law to be forgotten

afterwards; nor is it mere words, drift and hollow, but a sacred trust that lawyers must uphold

and keep inviolable at all times. (Ting Dumali v. Torres (2004))

A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is

indisputable. (Cobb Perez v. Lantin (1968))

Canon 10. A Lawyer owes candor, fairness and good faith to the Court.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 an artifice.

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.

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat

the ends of justice.

1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 18 of 74LEGAL ETHICS

I. 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 an artifice.

Canon 32 Code of Professional Ethics. The lawyer's duty in its last analysis. No client corporate

or individual, however, powerful nor any cause, civil or political, however important, is entitled

to receive nor should any lawyer render any service or advice involving disloyalty to the laws

whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or


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corruption of any person or persons exercising a public office or private trust, or deception or

betrayal of the public. When rendering any such improper service or advice, the lawyer invites

and merits stern and just condemnation. Correspondingly, he advances the honor of his

profession and the best interests of his client when he renders service or gives advice tending

to impress upon the client and his undertaking exact compliance with the strictest principles of

moral law. He must also observe and advice his client to observe the statute law, though until astatute 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. But above all a lawyer will find his highest honor in a deserved reputation

for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal

citizen.

A lawyer should not conceal the truth from the court, nor mislead the court in any manner no

matter how demanding his duties to clients may be. (Agpalo)

A lawyer must be a disciple of truth. He swore upon his admission to the bar that he will do

no falsehood nor consent to the doing of any in court and he shall conduct himself as a

lawyer according to the best of his knowledge and discretion with all good fidelity as well to the

courts as to his clients. (Young v. Batuegas, 403 SCRA 123 (2003))16

To warrant disciplinary action against a lawyer, who prosecutes false charges or complaints, it

must be shown that the charges are false and the lawyer knows them to be so. (malice or bad

faith) (Agpalo)

If a lawyer, through negligence in the performance of his duties as counsel for a party, failed

to discover the falsity of the document which he offered in evidence, he may still be dealt with

administratively notwithstanding lack of intent on his part to 16 FACTS:

The Court suspended lawyers who filed a Manifestation with Motion for Bail on Dec 13, 2000,

alleging that the accused voluntarily surrendered to a person in authority. The truth is that the

accused only surrendered on Dec 14, 2000, as shown by the Certificate of Detention of the NBI.

Respondents declared that on Dec 13, upon learning that a warrant of arrest was issued fortheir client, they filed the Manifestation with motion for bail with the trial court. Then they

immediately fetched the accused in Cavite and brought him to the NBI to voluntarily surrender.

However, due to heavy traffic, they arrived at the NBI at 2:00 am the next day; hence, the

certificate of detention indicated the accused surrendered on Dec. 14

deceive (Agpalo)

Though his explanation appears to be a mere afterthought there is the assumption of good

faith in favour of respondent. Moreover, judging from the awkwardly-worded petition and even

his compliance quite indicative of either carelessness or lack of proficiency in the handling of

the English language, it isnt unreasonable to assume that his deficiency in the mode of

expression contributed to the inaccuracy of his statements. Every member of the bar shouldrealize that candor in the dealings with the court is the very essence of honorable membership

in the profession. (Cuaresma v. Daguis (1975))

II. 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.


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In citing the SC decisions and rulings, it is the bounden duty of courts, judges and lawyers to

reproduce or copy the same word-for-word and punctuation-mark-for-punctuation-mark

(Agpalo)

The Court believes it is more a result of clerical ineptitudethan deliberate attempt to mislead.

The Companies have the prima facie right to rely on the quotation as it appears on respondent

judges decision. However, the Court articulates its firm view that in citing this Courts decisionand rulings, it is the bounden duty of courts, judges and lawyers to reproduce or copy the same

word-for-word and punctuation mark-for-punctuation mark. Only from this Tribunals decisions

and rulings do all other courts, as well as lawyers and litigants, take their bearings. Ever

presenting the danger that if not faithfully and exactly quoted, the decisions and rulings of this

Court may lose their proper and correct meaning. (Insular Life Employees Co. v. Insular Life

Association, 37 SCRA 1 (1970))

III. Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to

defeat the ends of justice.

Rule 138.20(d) Duties of attorneysIt is the duty of an attorney (d) 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 of law.

Procedural rules are instruments in the speedy and efficient administration of justice. They

should not be used to derail such ends. They should not misuse them, as by filing multiple

petitions regarding the same cause of action of by deliberately misreading the law to seek a

reopening of a case long decided. (Agpalo)


LEGAL ETHICS


MEMORY AID FOR RULES UNDER CANON 11: o Proper Attire (Rule 11.01) o Punctuality (Rule11.02) o Proper Language and Behavior (Rule 11.03) o Not to Attribute Motives to Judge (Rule

11.04) o Grievance Against Judge (Rule 11.05)

KNOW MORE:

Mere criticism or comment on the correctness or wrongness, soundness or unsoundness of

the decision of the court in a pending case made in good faith may be tolerated; because if well

founded it may enlighten the court and contribute to the correction of an error if committed;

but if it is not well taken and obviously erroneous, it should not influence the court in reversing

or modifying its decision. (In re: Sotto, 82 Phil 595 (1949))17

Lawyers should bear in mind their basic duty to observe and maintain the respect due to the

courts of justice and judicial officers and to insist on similar conduct by others (Canon 11 CPR).This attitude is best shown through 17 FACTS: Atty. Vicente Sotto, then

a Senator of the Republic, wrote his opinion in the Manila Times regarding the SCs decision, In

re Angel Parazo which was then pending reconsideration. There the SC cited in contempt a

reporter for his refusal to divulge his source of news published in the paper. Sotto claims that

majority of the members of the Supreme Court are incompetent and narrow-minded. He also

said that the members of the Court have deliberately committed blunders and injustices during


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the past years. The SC cited Sotto in contempt and required him to show cause why he should

not be disbarred.

scrupulous preference for respectful language, is to be observed not for the sake of the

temporary incumbent of the judicial office, but for the maintenance of its supreme importance.

(Guerrero v. Villamor, 179 SCRA 355 (1989))

I. Rule 11.01. A lawyer shall appear in court properly attired. Courts have ordered a male attorney towear a necktie and have prohibited a female attorney

from wearing a hat. However, the prohibition of a dress whose hemline was five inches above

the knee was held to be acceptable as such had become an accepted mode of dress even in

places of worship. (Aguirre)

Respect begins with the lawyers outward physical appearance in court. Sloppy or informal

attire adversely reflects on the lawyer and demeans the dignity and solemnity of court

proceedings. (Agpalo)

II. Rule 11.02. A lawyer shall punctually appear at court hearings.

A lawyer owes the court and his client the duty to punctually appear at court proceedings.

(Agpalo)

Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may

subject the lawyer to disciplinary action as his actions showing disrespect to the court make

him guilty of contemptuous behavior. (Agpalo)

III. Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or

behavior before the courts.

Notes from Agpalo:

Lawyers Courtesy It must never be forgotten that a lawyer pleads; he does not dictate. He

should be courageous, fair, and circumspect, not petulant, combative, or bellicose in his

dealings with the court

While criticism of judicial conduct is notforbidden and zeal in advocacy is encouraged, the

lawyer must always act within the limits of propriety and good taste and with deference for thejudges before whom he pleads his clients cause

A lawyer should not assail, without basis, the personal integrity of a judge and accuse him of

misfeasance in an attempt to hide his own inadequacies and omissions to escape criticism of his

client

The discharge of the lawyers duty to his client does not justify or require the use of

defamatory or threatening words. Neither does the mistake of a

Canon 11. A lawyer shall observe and maintain the respect due to the courts and judicial

officers and should insist on similar conduct by others.

Rule 11.01. A lawyer shall appear in court properly attired.

Rule 11.02. A lawyer shall punctually appear at court hearings.Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior

before the courts.

Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or have

no materiality to the case.

Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.



16/27

LEGAL ETHICS

judge in some of his rulings warrant the use of offensive language

There is no defense against the use in a pleading by a lawyer of disrespectful, threatening,

abusive, and abrasive language. It cannot be justified by the constitutional right of free speech

for such right is not absolute and its exercise must be within the context of a functioning and

orderly system of dispensing justice Where words are abrasive or insulting, evidence that the language employed is justified by

the facts is not admissible as a defense

Judges Courtesy The duty to observe and maintain respect is not a one-way duty from a layer

to a judge. A judge should show no shortness of temper which merely detracts from the

equanimity and judiciousness that should be the constant marks of a dispenser of justice

A judge may utilize his opportunities to criticize and correct unprofessional conduct of

attorneys but he may not do so in an insulting manner

While a lawyer must advocate his client's cause in utmost earnest and with the maximum skill

he can marshal, he is not at liberty to resort to arrogance, intimidation, and innuendo.

(Sangalang v. IAC (1989))

Every citizen has the right to comment upon and criticize the actuations of public officers. The

Court also treats with forbearance and restraint a lawyer who vigorously assails their

actuations, provided it is done in respectful terms and through legitimate channels. For

courageous and fearless advocates are the strands that weave durability into the tapestry of

justice. The reason is that an attorney does not surrender his right as a citizen to criticize the

decisions of the court in fair and respectful manner, and the independence of the Bar, as well as

the judiciary, has always been encouraged by the courts. Criticism has been an important part

of the traditional work of a lawyer. As a citizen and as officer of the court, a lawyer is expected

not only to exercise his right, but also to consider it his duty to avail of such right. But the

cardinal condition of all such criticism is that is shall be bona fide and shall not spill over the

walls of decency and propriety. (In Re: Almacen, 31 SCRA (1970))IV. Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or

have no materiality to the case.

The rule allows such criticism so long as it is supported by the record or it is material to the

case. A lawyers right to criticize the acts of courts and judges in a proper and respectful way

and through legitimate channels is well recognized. The cardinal condition of all such criticism

is that it shall be bona fide, and shall

not spill over the wall of decency and propriety. (Agpalo)

The cardinal condition of all such criticism is that it shall be bona fide, and shall not spill over

the wall of decency and propriety. (Agpalo)

V. Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only. Const art. VIII, sec. 6. The Supreme Court shall have administrative supervision over all courts

and the personnel thereof. [the SC is the proper authority

The duty to respect does not preclude a lawyer from filing administrative complaints against

erring judges, or from acting as counsel for clients who have legitimate grievances against

them. (Agpalo)

The lawyer shall not file an administrative case until he has exhausted judicial remedies which

result in a finding that the judge has gravely erred. (Agpalo)


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Where a criminal complaint against a judge or other court employees arises from their

administrative duties, the Ombudsman must defer action on said complaint and refer the same

to the SC for determination whether said judges or court employees acted within the scope of

their administrative duties. Otherwise, in the absence of any administrative action, the

investigation being conducted by the Ombudsman encroaches into the Courts power of

administrative supervision over all courts and its personnel, in violation of the doctrine ofseparation of powers. (Maceda v. Vasquez, 221 SCRA 464 (1993))18

18 This prayer for preliminary mandatory injunction is with regard to

whether the office of the ombudsman could entertain a criminal complaint for the alleged

falsification by Judge Maceda of his certificate of service submitted to the SC, and assuming

that it can, whether a referral should be made first to the SC.


LEGAL ETHICS


MEMORY AID FOR RULES UNDER CANON 12: o Adequate Preparation (Rule 12.01) o Forum

Shopping (Rule 12.02) o Not to Delay Case (Rule 12.03) o Court Process (Rule 12.04) o Proper

Behavior (Rule 12.05-12.07) o Not to Testify on Behalf of Client (Rule 12.08)

KNOW MORE:

CONST. art III, sec 6. All persons shall have the right to a speedy disposition of their cases

before all judicial, quasi-judicial, or administrative bodies.

Rule 138 Sec 20(g). Duties of attorneys. It is the duty of an attorney: (g) Not to encourage

either the commencement or the continuance of an action or proceeding, or delay any mans

cause, from any corrupt motive or interest.

Notes from Agpalo:

o The first duty of a lawyer is not to his client but the administration of justice. As an officer of

the Court, it is the duty of the lawyer to advance the Courts objective of having a speedy,efficient, impartial, correct, and inexpensive adjudication of

case and the prompt satisfaction of final judgments.

o The duty to assist in the administration of justice may be performed by doing no act that

obstructs, perverts, or impedes the administration of justice and by faithfully complying with all

his duties to the court and to his client. Examples of the former would include the duty to

inform the court of any change of his address or of the death of his client.

o Acts that amount to obstruction of the administration of justice may take many forms. They

include such acts as instructing a complaining witness in a criminal case not to appear at the

scheduled hearing so that the case against his client, the accused, would be dismissed

o Ordinarily, obstruction of justice constitutes contempt of court, and citing the misbehavinglawyer for contempt and punishing him for such misbehavior may be sufficient to accomplish

the end desired. However, the misbehavior may be of such character as to effect the offenders

qualifications as a lawyer for the practice of law. In such case, he may be disciplined as a lawyer

for such misconduct.

I. 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

A lawyer shall not handle any legal matter without adequate preparation. (Rule 18.02)


18/27

Without adequate preparation, the lawyer may not be able to effectively assist the court in

the efficient administration of justice. Non- observance of this rule might result in: 1) The

postponement of the pre-trial or hearing, which would thus entail delay in the early disposition

of the case, 2) The judge may consider the client non- suited or in default or 3) The judge may

consider the case deemed submitted for decision without clients evidence, to his prejudice.

(Agpalo)II. Rule 12.02. A lawyer shall not file multiple actions arising from the same cause

The plaintiff or principal party shall certify under oath in the complaining or other initiatory

pleading asserting a claim for relief, or in a sworn certification annexed thereto and

simultaneously filed therewith: a) that he has not theretofore commenced any action or filed

any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the

best of his knowledge, no such other action or claim is pending therein; b) if there is such other

pending action or claim, a complete statement of the present status thereof; and c) if he

should thereafter learn that the same or similar action or claim has been filed or is pending, he

shall report

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.

Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda

or briefs, let the period lapse without submitting to the same or offering an explanation for his

failure to do so.

Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or

misuse court processes.

Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in thetrial, 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.


LEGAL ETHICS

that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory

pleading has been filed. Failure to comply with the foregoing requirements shall not be curable

by mere amendment of the complaint or other initiatory pleading but shall cause for the

dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing.The submission of false certification or non-compliance with any of the undertaking therein

shall constitute indirect contempt of court, without prejudice to the corresponding

administrative and criminal actions. If the acts of the party or his counsel clearly constitute

willful and deliberate forum shopping, the same shall be ground for summary dismissal with

prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

(ROC, Rule 7, Sec. 5)


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Rule 12.02 stresses the affirmative duty of a lawyer to check against useless litigations. His

signature in every pleading constitutes a certificate by him that to the best of his knowledge

there is a good ground to support it and that it is not to interpose for delay. The willful violation

of this rule may subject him to (1) appropriate disciplinary action or (2) render him liable for the

costs of litigation. (Agpalo)

Forum shopping is prohibited by Supreme Court Circular No. 28-91 --ANNEXED, which is nowintegrated in the Rules of Civil Procedure.

III. Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings,

memoranda or briefs, let the period lapse without submitting to the same or offering an

explanation for his failure to do so.

Where a lawyers motion for extension of time to file a pleading, memorandum or brief has

remained unacted by the court, the least that is expected of him is to file it within the period

asked for (Agpalo)

IV. Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or

misuse court processes.

Notes from Agpalo

o While a client may withhold from his counsel certain facts or give him false information to

attain his unlawful ends, a lawyer can easily see through the clients action either before or at

the early stage of the litigation

o If after his appearance a lawyer discovers that his client has no case, he may not

unceremoniously abandon the action. He should advise his client to discontinue the action or to

confess judgment, and if the client is determined to pursue it he should ask that he be relieved

from professional responsibility

o If a lawyer is honestly convinced of the futility of an appeal in a civil suit he should not

hesitate to temper his clients desire to seek appellate review of such decision for unless, he

could show sufficient cause for reversal, he would only succeed in planting false hope in his

clients mind, increasing theburden on appellate tribunals, prolonging litigation unnecessarilyand exposing his client to useless expenses.

o Nonetheless a lawyer should not, solely on his own judgment, let the decision become final

by letting the period to appeal lapse, without informing his client of the adverse decision and of

his candid advice in taking appellate review thereof, well within the period to appeal, so that

the client may decide whether to pursue appellate review.

In expropriation proceedings by the NAPOCOR against several lot owners in Bulacan, the

president of an organization of the lot owners entered into a contract for legal services with

Atty. Principe. The complainant Malonso, a member of the same organization, appointed on

the other hand a certain Elfa as his attorney-in-fact on the matter of negotiation with NPC.

Eventually, an amicable settlement was had between NAPOCOR and the lot owners. More thantwo years after the expropriation cases were instituted, Atty. Principe filed his motion to

separate legal fees and filed his Notice of Entry of Appearance claiming that he is the legal

counsel of the lot owners. The other lot owners including Malonso wrote a letter to NPC

informing the latter that they have never authorized Sandamas President to hire the services of

Atty. Principes law firm to represent them. Atty. Principe filed several motions to ensure his

claim to the 40% of the selling price of the properties being expropriated. An investigation

conducted by the IBP recommended Atty. Principes suspension from the practice of law for


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two years on the ground that Atty. Principe had violated among others Rule 12.04 which says

that a lawyer shall not unduly delay a case, impede the execution of a judgment or misuse

Court processes. In its Resolution, the IBP Board ordained his suspension from the practice of

law for 2 years. The SC however found that formal requisites of the investigation and resolution

had not been complied with and dismissed the case requiring the IBP to comply with the

procedure outlined in Rule 139-B in all cases involving disbarment and discipline of attorneys.(Malonzo v. Prinsipe, 447 SCRA 1 (2004))

VVII. Rule 12.05 A lawyer shall refrain from talking to his witness during the 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.


LEGAL ETHICS

Canon 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety

which tends to influence, or gives the appearance of influencing the court.

Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seek

opportunity for cultivating familiarity with Judges.

Rule 13.02. A lawyer shall not make public statements in media regarding a pending case

tending to arouse public opinion for or against a party.

Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of the

government by another branch or agency of the government in normal course of judicial

proceedings.

Rule 132, sec.3. Rights and obligations of a witness. A witness must answer questions,

although his answer may tend to establish a claim against him. However, it is the right of awitness: o To be protected from irrelevant, improper, or insulting questions, and from harsh or

insulting demeanor; o Not to be detained longer than the interests of justice require; o Not to

be examined except only as to matters pertinent to the issue; o Not to give an answer which

will tend to subject him to a penalty for an offense unless otherwise provided by law; or o Not

to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue

or to a fact from which the fact in issue would be presumed. But a witness must answer to the

fact of his previous conviction for an offense.

P.D. No. 1829 Penalizing the obstruction of apprehension and prosecution of criminal

offenders (1981)ANNEXED

Notes from Agpalo: Rule 12.05. The purpose of this rule is to avoid any suspicion that he is coaching the witness

what to say during the resumption of the examination Rule 12.06. A lawyer may interview

witnesses in advance of trial or attend to their needs if they are poor but he should avoid any

such action as may be misinterpreted as an attempt to influence the witness what to say in

court. Court will not give weight on a testimony of a witness who admits having been

instructed. A lawyer who presents a witness whom he knows will give a false testimony or is an

impersonator may be subjected to disciplinary action. Rule 12.07. The lawyer has a duty to


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always treat adverse witnesses and suitors with fairness and due consideration Rule 12.07.

The client cannot be made the keeper of the lawyers conscience in professional matters. He

has no right to demand that his counsel abuse the opposite party and the latters witnesses or

indulge in offensive personalities. Improper speech is not excusable on the ground that it is

what the client would say if speaking in his own behalf Rule 12.07. If it is the judge who

subjects the witness to harsh treatment, the lawyer has the right to protest in a respectful anddignified manner the action of the judge and to make the incident of record without being held

liable administratively or for contempt of court

VIII. RULE 12.08 A LAWYER SHALL AVOID TESTIFYING IN BEHALF OF HIS CLIENT; EXCEPT:

a. on formal matters, such as 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.

The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the

difference between the function of a witness and that of an advocate. The function of a witness

is to tell the facts as he recalls then in answer to questions. The function of an advocate is that

of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and

impartiality of a disinterested witness (Agpalo)

Although the law does not forbid an attorney to be a witness and at the same time an

attorney in a cause, the courts prefer that counsel should not testify as witness unless it is

necessary and that they should withdraw from the active management of the case. Canon 19

of the Code of Legal Ethics provides that when a lawyer is a witness for his client, except as to

merely formal matters. Such as the attestation or custody of an instrument and the like, he

should leave the trial of the case to other counsel. Except when essential to the ends of justice,

a lawyer should avoid testifying in court in behalf of his client. (PNB v. Uy Teng Piao, 57 PHIL

337 (1932))


MEMORY AID FOR RULES UNDER CANON 13: o No Extraordinary Attention (Rule 13.01) o NoPublic Statements to Media (Rule 13.02) o Not to Invite Outside Interference (Rule 13.03)

KNOW MORE:

Grievances must be ventilated through proper channels (appropriate petitions, motions or

other pleadings) in keeping with the respect due to the Courts as impartial administrators of

justice entitled to proceed to the disposition of its business in an orderly manner, free from

outside interference obstructive of its functions and tending to embarrass the administration of


LEGAL ETHICS

justice. For though the rights of free speech and of assembly are constitutionally protected, anattempt to pressure or influence courts of justice is no longer within the ambit of constitutional

protection. (Nestle Phil. v. Sanchez, 154 SCRA 542 (1987))19

Freedom of speech is not absolute, and must be balanced with the requirements of equally

important public interests, such as the maintenance of the integrity of the courts and orderly

functioning of the administration of justice. Unwarranted attacks on the dignity of the courts

cannot be disguised as free speech, for the exercise of said right cannot be used to impair the

independence and efficiency of courts or public respect and confidence thereof. His


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statements are not fair criticisms of any decision of the Court, but are threats made against it to

force the Court to decide the issue in a particular manner, or risk earning the ire of the public. It

tends to promote distrust an undermines public confidence in the judiciary, by creating the

impression that the Court cannot be trusted to resolve cases impartially, uninfluenced by public

clamor and other extraneous influences. (In Re: De Vera, 385 SCRA 285 (2003))20

I. Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seekopportunity for cultivating familiarity with Judges.

Notes from Agpalo o The common practice ofsome lawyers making judges and prosecutors

godfathers of their children to enhance their influence and their law practice should be avoided

by judges and lawyers alike o A lawyer should not see a judge in chamber and talk to him about

a case he is handling and pending in the judges court o A lawyer should not communicate to

the judge the merits of a pending case

II. Rule 13.02. A lawyer shall not make public statements in media regarding a pending case

tending to arouse public opinion for or against a party.

Notes from Agpalo: 19 FACTS: Two unions with pending cases before

the SC had intermittent pickets in front of the Padre Faura gate of the SC building, obstructing

access to and egress from the Courts premises. They also constructed provisional shelters, set

up a kitchen, littered the area causing it to be unhygienic and unsanitized, waved their red

streamers and placards with slogans, and harangued the court with the use of loudspeakers.

Two justices called the leaders of the unions and their counsel to inform them that the pickets

constitute direct contempt of court, and that their petitions could not be heard until the pickets

stop. Arty Espinas, the counsel for the unions, apologized and assured that the acts would not

be repeated. The SC dismissed the contempt charges against Atty. Espinas.

20 FACTS: Atty. De Vera made some remarks to the Philippine Daily Inquirer regarding a

pending case involving the constitutionality of the Plunder Law. In one statement, he asked

the SC to dispel rumors that it would vote in favor of a petition filed by Estradas lawyers to

declare the plunder law unconstitutional and that his group was greatly disturbed by therumors. In another statement, he said that a decision in favor of the laws unconstitutionality

would trigger mass actions and the people would not just swallow any SC decision that is

basically wrong. Atty. De Vera admitted to making the statements but that these were factually

accurate and that these are within his right to freedom of speech.

o Purpose: Newspaper publications regarding a pending or anticipated litigation may interfere

with a fair trial, prejudice the administration of justice, or subject a respondent or a accused to

a trial by publicity and create a public inference of guilt against him o The court, in a pending

litigation, must be shielded from embarrassment or influence in its all important duty of

deciding the case. Thus, what a lawyer can ordinarily say against a concluded litigation and the

manner the judge handed down the decision may not generally be said to a pending action. oOnce a litigation is concluded, the judge who decided it is subject to the same criticism as any

other public official because then, his ruling becomes public property and is thrown open to

public consumption. o A newspaper publication tending to impede, obstruct, embarrass or

influence the courts in administering justice in a pending case constitutes criminal contempt,

but the rule is otherwise after the litigation is ended.

Televising a court trial would amount to a violation of due process. A carnival atmosphere

would be created. Jurisprudence also states that there is nothing that proscribes the press


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from reporting events that transpire in the courtroom. But there is a reasonable likelihood that

the prejudicial news prior to trial will prevent a fair trial. If publicity during the proceeding

threatens the fairness of the trial, a new trial shall be ordered. HOWEVER, THE CASE AT BAR IS

DIFFERENT. The publicity in this case did not focus on the guilt of the petitioners but rather on

the responsibility of the government for what was claimed to be a massacre of Muslim

trainees. If there was a trial by newspaper it was not of the petitioner but of the government.There is no showing that the courts martial failed to protect the accused from massive publicity.

Protection would include: controlling the release of information; change the venue or postpone

trial until the deluge of prejudicial publicity has subsided. Even granting that there is massive

and prejudicial publicity, the petitioners do not contend that the respondents have been unduly

influenced but simply that they might be. (Martelino v. Alejandro (1989))

III. Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of

the government by another branch or agency of the government in normal course of judicial

proceedings

Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.

The basis for this rule is the principle of separation of powers (Aguirre)


LEGAL ETHICS

Canon 14. A lawyer shall not refuse his services to the needy.

Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latters

race, sex, creed or status of life, or because of his own opinion regarding the guilt of said

person.

Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an appointment

as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or

any of its chapters for rendition of free legal aid.

Rule 14.03. A lawyer may refuse to accept representation of an indigent client if: a. he is not ina position to carry out the work effectively or competently; b. he labors under a conflict of

interests between him and the prospective client or between a present client and the

prospective client.

Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall

observe the same standard of conduct governing his relations with paying clients.

D. The Lawyer and the Client

MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Service to the Needy (Canon 14) 2.

Observe Candor, Fairness, Loyalty (Canon 15) 3. Hold in Trust Clients Moneys and Properties

(Canon 16) 4. Trust and Confidence (Canon 17) 5. Competence and Diligence (Canon 18) 6.

Representation with Zeal (Canon 19) 7. Attorneys Fees (Canon 20) 8. Preserve ClientsConfidence (Canon 21) 9. Withdrawal of Services for Good Cause (Canon 22)

KNOW MORE:

The nature of lawyer-client relationship is premised on the Roman Law concepts of 1.

location conduction operarum (contract of lease and services) where one person lends his

services and another hires them without reference to the object of which the services are to be

performed, wherein lawyers services may be compensated by honorarium 2. mandato

(contract of agency) wherein a friend on whom reliance could be placed makes a contract in his


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name, but gives up all that he gained by the contract to the person who requested him. (Regala

v. Sandiganbayan)

Notes from Agpalo: o The relationship is strictly personal and highly confidential and fiduciary

(something in trust for another). Thus, delegation is prohibited absent the clients consent. It

likewise terminates at death of either the client or the attorney. o A client can terminate it any

time with or without the consent of the lawyer. However, an attorney enjoys no similar right ashe is an officer of the court and he may be permitted to withdraw only with the consent of his

client or with the approval of the court. The essential feature of the relation of attorney and

client is the fact of employment. While a written agreement for professional services is the best

evidence to show the relation, formality is not an essential element of the employment of a

lawyer o It is sufficient, to establish the professional relation, that the advice and assistance of

an attorney is sought and received in any matter pertinent to his profession o There is an

implied contract of professional employment where an attorney appears on behalf of a party

without the latter interposing any objection thereto o To employ an attorney one has to have

legal capacity to do so. Minors/ incompetents must have a general guardian/ guardian ad litem

has to employ an attorney. o A lawyer has no power to act as counsel or legal representative

for a person without being retained nor may he appear for a party in a case without being

employed

unless by leave of court

Retainer, defined: (1) an act of client by which he engages services of an attorney to render

legal advice, defend or prosecute his cause in court; (2) fee which a client pays to an attorney

when latter is retained (retaining fee)

o General retainer, defined: secure beforehand services of attorney for any legal problem that

may afterward arise

o Special retainer, defined: particular case or service

o Retaining fee, defined: preliminary fee paid to insure and secure future services, to

remunerate him for being deprived, by being retained by one party. It prevents undue hardshipresulting from the rigid observance of the rule forbidding him from acting as counsel for other

party (Agpalo)

Employment of a law firm: The employment of a law firm is equivalent to the retainer of a

member thereof even though only one of them is consulted


MEMORY AID FOR RULES UNDER CANON 14: o Availability of Services Regardless of Status (Rule

14.01) o Providing Counsel de Oficio (Rule 14.02)


LEGAL ETHICSo Valid Ground for Refusal (Rule 14.03) o Same Standard of Conduct for All Clients (Rule 14.04)

KNOW MORE:

General rule: A private practitioner is not obligedto act as counsel for a person who may wish

to become his client. He has the right to decline employment.

Exceptions: Canon 14 provide the exceptions to the general rule and emphasize the lawyers

public responsibility of rendering legal services to the needy and the oppressed who are unable

to pay attorneys fees. In such cases, refusal is the exception rather than the rule.


25/27

R.A. 6033. An act requiring courts to give preference to criminal cases where the party or

parties involved are indigents (1969)ANNEXED

R.A. 6034. An act providing transportation and other allowances for indigent litigants.

(1969)ANNEXED

RA 6035. An act requiring stenographers to give free transcript of notes to indigent and low

income litigants and providing a penalty for the violation thereof. (1969)ANNEXEDI. Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latters

race, sex, creed or status of life, or because of his own opinion regarding the guilt of said

person.

Rule 138, sec. 20 (h-i). Duties of attorneys.It is the duty of an attorney: (h) Never to reject,

for any consideration personal to himself, the cause of the defenseless or oppressed. (i) In the

defense of a person accused of 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 14.01 makes it his duty not to declineto represent the accused regardless of his opinion

as to his guilt. Note that in criminal cases, it is easy to take accused because of presumption of

innocence and proof beyond reasonable doubt.

It is the lawyers duty to counsel or maintain such actions or proceedings only as appear to

him to be just, and such defenses only as he believes to be honestly debatable under law. He is

not to encourage the commencement or the continuance of an action or delay any mans

cause, for any corrupt motive or interest. He must decline to conduct a civil case or to make a

defense when convinced that it is intended merely to harass or injure the opposite party or to

work oppression or wrong. If he were to take a bad civil case for a plaintiff, it will only be to

advise him not to file the action or to settle it with the claimant. If he were to accept the

defense of a bad civil case against a defendant, it will either be to exert his best effort toward a

compromise or, to tell his client to confess judgment. In criminal cases: easy to take accused

becauseof presumption of innocence and proof beyond reasonable doubt. (Agpalo)

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or

the oppressed.

II. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an

appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the

Philippines or any of its chapters for rendition of free legal aid.

Rule 138 sec. 20 (h), Duties of attorneys.It is the duty of an attorney: (h) Never to reject, for

any consideration personal to himself, the cause of the defenseless or oppressed;

Rule 138, sec. 31 Attorneys for destitute litigants.A court may assign an attorney to render

professional aid free of charge to any party in a case, if upon investigation it appears that theparty is destitute and unable to employ an attorney, and that the services of counsel are

necessary to secure the ends of justice and to protect the rights of the party. It shall be the

duty of the attorney so assigned to render the required service, unless he is excused therefrom

by the court for sufficient cause shown.

Rule 116, sec. 6. Duty of court to inform accused of his right to counsel.Before arraignment,

the court shall inform the accused of his right to counsel and ask him if he desires to have one.


26/27

Unless the accused is allowed to defend himself in person or has employed counsel of his

choice, the court must assign a counsel de oficio to defend him.

Rule 116, sec. 7. Appointment of counsel de oficioThe court shall appoint a counsel de

oficio to defend a client, considering [1] the gravity of the offense, [2] the difficulty of the

questions that may arise, [3] and the experience and ability of the appointee. The counsel must

be [1] a member of the bar in good standing [2] or, in localities without lawyers, any person ofgood repute for probity and ability

Rule 116, sec. 8. Time for counsel de oficio to prepare for arraignment. Whenever a

counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall

be given a reasonable time to consult with the accused as to his plea before proceeding with

the arraignment.

Rule 124 (Case on Appeal in the CA), sec. 2. Appointment of counsel de oficio for the

accused.If it appears from the record of the case transmitted that [1] the accused is confined

in prison, [2] is without counsel de parte on appeal, or [3] has signed the notice of appeal

canon 3.docx

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