legal ethics [funa book]-atty. funa [haulo, ampong, rico)

8/20/2019 Legal Ethics [Funa Book]-Atty. Funa [Haulo, Ampong, Rico)

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DLSU- College of LawHAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS

1

De La Salle University

College of Law

Reviewer in

Legal Ethics

Source Book:

Legal and Judicial Ethics

Dennis B. Funa

2010 Ethics Committee:

Alpha Ampong

Oily Haulo

Danilo Rico II

This is the Intellectual Property of the De La Salle College of

Law- 2010 Legal Ethics Committee.

Unathourized use and reproduction of this material is

prohibited.


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Code of Professional Responsibility

Legal Ethics – That branch of moral science which

treats of the duties that an attorney owes to the

court, to his clients, to his colleagues in the profession

and to the public. (Justice Malcolm)

June 21, 1988 - Date of promulgation and adoption

of CPR.

SOURCES OF CPR:

1. Canons of Professional Ethics (CPE) was first

adopted prior to CPR but still it continues to be

the SOURCE OF KNOWLEDGE and understanding

of legal ethics.

2. Supreme Court decisions on the discipline of

lawyers form the basis of legal ethics.

FOUR DUTIES OF A LAWYER:

1. The lawyer and the client.

2. The lawyer and the courts.

3. The lawyer and legal profession.

4. The lawyer and society.

CANON 1 - A LAWYER SHALL:

- UPHOLD THE CONSTITUTION,

- OBEY THE LAWS OF THE LAND AND

- PROMOTE RESPECT FOR LAW AND FOR

LEGAL PROCESSES.

All lawyers are sworn constitutionalists. As

protectors of the Constitution, lawyers are expectedto be life- long students of the Constitution. They are

expected to know, understand and upheld the

Constitution.

The Lawyer’s Oath – is a source of obligations and its

violation is a ground for suspension, disbarment. And

other disciplinary proceedings.

RULE OF THE LAW – sometimes called the

“supremacy of the law”, provides that decisions

should be made by the application of known legal

principles or laws without the intervention of

discretion in their application (Black’s Law Dictionary).

The phrase to promote respect for law and for legal

processes means it is the duty of a lawyer to uphold

the “Rule of Law”.

Rule 1.01 - A lawyer shall not engage in unlawful,

dishonest, immoral or deceitful conduct.

Duty to Act with Honesty, Morality and Lawful

Conduct - Any of the three would be sufficient ground

to file disciplinary proceedings against a lawyer. The

dishonesty, gross immorality and violation of a law

need not to be committed in relation to his

professional duties; the lawyer may be sanctioned for

acts committed in his private affairs.

Moral Turpitude defined:

- “as everything which is done contrary to justice,

modesty or good morals.”

Exceptions:

Conviction for illegal recruitment and attempt

to evade the payment of taxes due to the

government while wrong and unlawful, does

not involve moral turpitude.

Engaging in premarital sexual relations with

complainant and promises to marry suggests a

doubtful moral character on his part but the

same does not constitute grossly immoral

conduct. (sayanaman! ayos!)

Grossly Immoral conduct defined:

- “it is so corrupt as to constitute criminal act or so

unprincipled as to be reprehensible to a high

degree or committed under such scandalous or

revolting circumstances as to shock the common

sense of decency.”

Ex. of grossly immoral conduct:

a. Forging a special power of attorney to effect a

false real estate mortgage and collecting the loan

proceedings from the mortgage.

b. Taking advantage of his position as chairman of

college of medicine to engage to have a carnal

knowledge with a medicine student by threatening

her.

c. Married lawyer engaging in marital infidelity.

** sexual relations outside marriage is considered

disgraceful and immoral as it manifests deliberate

disregard of the sanctity of marriage and the marital

vows protected by our Constitution and affirmed by

laws.

Gross immorality need not to be scandalous,

punishable by law, neither it should be related to

professional duties not there is lawyer-client

relationship


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PRIVATE AND PROFESSIONAL LIFE:

There is no distinction as to whether the

transgression is committed in the lawyer’s

professional capacity or in his private life or in his

private transactions. This is because a lawyer may not

divide his personality as to be an attorney at one time

and a mere citizen at another, and his private life mayreflect unfavorably upon the good name and prestige

of the profession and the courts.

Unlawful Conduct defined:

- Includes violation of the statutory prohibition on

a gov’t employee to engage in private practice of

his profession unless authorized by law.

GENERAL RULE ON LAWYER’S FINANCIAL DEBT:

- A lawyer may not be suspended or disbarred, and

the court may not ordinarily assume jurisdiction

to discipline him, for misconduct in his non-

professional or private capacity.

REASON: poverty is not a crime; if all lawyers will be

disbarred bec. of non-paying of debt, all lawyers will

all be in the jail bec. not all are rich.

BUT ISSUANCE OF WORTHLESS CHECKS to settle

financial obligations is gross misconduct in view of its

DELETERIOUS EFFECTS TO THE PUBLIC INTERESTS

AND PUBLIC ORDER.

Gross misconduct defined:- Is any inexcusable, shameful or flagrant unlawful

conduct on the part of the person concerned in

the administration of justice which is prejudicial to

the rights of the parties or to right determination

of the cause.

- It is generally motivated by premeditated,

obstinate or intentional purpose, but doesn’t

necessarily imply corruption or criminal intent.

Ex. of gross misconduct in private capacity:

a. Firing a gun at the driver of another vehicle

following a traffic altercation in a highway.

b. Entering into a contract with complainant

representing to have rights over the property to

transfer it to complainant’s name but in truth he

has not acquired such rights.

c. A lawyer engaged in lending business which lends

to a customer through a check but deceiving the

latter to a price in which they didn’t agree then

filing complaints against the customer for

falsified checks.

Ex. of misconduct in the practice of profession:

a. Compromising into a settlement of a client’s

litigation without a special authority and without

the consent and approval of the client and failing

to turn over the money of the agreement to the

client.

b. Displaying his revolver to intimidate a client tosign a pleading.

c. Assisting a client in modus operandi wherein a

client would threaten a person for tax evasion.

AQUITTAL IN CRIMINAL CASE NOT A BAR IN

DISBARMENT PROCEEDINGS because:

a. The standards of legal profession are not satisfied

by conduct which merely enables one to escapes

the penalties of criminal law.

b. The court in disbarment proceedings is acting in an

entirely different capacity from that which courts

assume in trying criminal case.

c. Administrative cases of lawyers belong to class of

their own. They are distinct from and may proceed

independently of civil and criminal cases.

Rule 1.02 - A lawyer shall not counsel or abet

activities aimed at defiance of the law or at lessening

confidence in the legal system.

Ex. of activities aimed at the defiance of the law:

a. Advising his client to execute another deed of

absolute sale antedated 1979 to evade payment

of capital gains taxes.

b. Repeatedly disobeying orders of the Security andExchange Commission hearing panel to appeal in

its hearings and repeatedly failing to substantiate

his excuse for non-appearance.

Rule 1.03 - A lawyer shall not, for any corrupt motive

or interest, encourage any suit or proceeding or

delay any man's cause.

Two duties:

1. Duty against barratry - Encouraging suits or legal

actions must always be with noble intent to

pursue or protect a right.

2. Duty not to delay any man’s cause - Must not

hider a person in his pursuit of protection or

right.

Barratry – the offense of frequently exciting or

stirring up quarrels and suits, either at law or

otherwise.

- The person who engaged in barratry is a

barretor or barrator.


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Maintenance – is the intermeddling of an

uninterested party to encourage lawsuit.

Rule 1.04 - A lawyer shall encourage his clients to

avoid, end or settle a controversy if it will admit of a

fair settlement.

Duty to promote fair and amicable settlement:

Compromise and settlement of cases is encouraged:

The law does not limit compromise to cases

about to be filed or filed, it can be effected even after

final judgment as authorized by the Civil Code.

NATURE OF COMPROMISE AGREEMENT:

1. A party must give up some of his rights that he

has, in consideration of the same act on the part

of the other side.

2. Lawyers need written special authority to

compromise their client’s litigation or receive

anything in the discharge of a client’s claim or full

amount in cash.

3. A compromise agreement signed by a lawyer in

behalf of a party to the agreement without

authorization of the latter is not void but

unenforceable.

4. An agreement between a lawyer and his client

that forbids the client from entering a settlement

without the lawyer’s consent is against public

policy and not permitted.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL

SERVICES AVAILABLE :

A. IN AN EFFICIENT AND CONVENIENT

MANNER

B. COMPATIBLE WITH THE

- INDEPENDENCE,

- INTEGRITY AND

- EFFECTIVENESS OF THE PROFESSION.

Duty to be an efficient lawyer :

The efficiency demanded of a lawyer must not berealized at the expense of the independence, integrity

and effectiveness of the profession.

To be efficient does not mean the abandonment

of one’s integrity in order to achieve a given cause at

all cost.

The lawyer’s efficiency must not be obtained at

the price of compromising the effectiveness of the

entire legal profession

Example of professional inefficiency

1. A lawyer who enters his appearance in a case

that had become final 1 year and 8 months

earlier was severely censured by the court (In re

Soriano)

2. The lawyer filed his “Appearance” on the mere

oral representation of a layman that the case istill pending without confirming the status of the

case

Duty to be proficient in English Language

Rule 2.01 - A lawyer shall not reject, except for valid

reasons, the cause of the defenseless or the

oppressed.

Duty to the Defenseless and the Oppressed

General Rule: Lawyer is duty bound to serve these

marginalized citizens. The rule mandates all lawyers

to accept as clients those who may have found

themselves in the fringes of society

Rule 2.02 - In such cases, even if the lawyer does not

accept a case, he shall not refuse to render legal

advice to the person concerned if only to the extent

necessary to safeguard the latter's rights.

Duty to give Legal Advice on the Rights if the

Defenseless and the Oppressed

This rule in the only exception to the general rule

that consultation creates a lawyer-client relationship

Even if no lawyer-client relationship is created, alawyer is still duty bound to give legal advice to the

defenseless and the oppressed in protection of the

latter’s rights

Rule 2.03 - A lawyer shall not do or permit to be

done any act designed primarily to solicit legal

business.

Duty to Shun Vulgar Solicitation

- It is highly unethical for a lawyer to advertise his

talents or skill as a merchant advertises his

wares.

- Law is a profession and not a trade.

- Lawyering is not primarily meant to be a money-

making venture, and law advocacy Is not a capital

that necessarily yields profits.


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Practice of Law vs. Business

1. A duty of public service

2. A relation as an “officer of the court” to the

administration of justice involving thorough

sincerity, integrity and reliability

3. A relation to clients in the highest degree of

fiduciary4. A relation to colleagues at the bar characterized

by candor, fairness, and unwillingness to resort to

current business methods of advertising and

encroachment on their practice, or dealing

directly with their clients.

Dignified Solicitation Allowed

If it is made in a modest and decorous manner, it

would bring no injury to the lawyer and to the bar.

Thus, the following are allowed:

1. Use of simple signs stating the name or names of

the lawyers, the office and residence address and

fields of practice

2. Advertisement in legal periodicals bearing the

same brief facts

3. Publication in reputable law lists of brief

biographical and informative data

Good Reputation as the Best Advertisement

Canon 27 of the Canons of Professional Ethics

The most worthy and effective advertisement

possible, even for a young lawyer, and especially with

is brother lawyers, is the establishment of a well-

merited reputation for professional capacity and

fidelity to trust.Must be the outcome of character and conduct

Permitted Advertising

1. May include only statement of the: Lawyer’s

name; The names of his professional associates;

short biography; contact addresses/numbers.

2. The law list must be a reputable law list

published primarily for that purpose

- It cannot be a mere supplemental feature of

a paper, magazine, trade journal or

periodical which is published principally for

other purpose

3. Ordinary simple professional card is permitted:

may contain a statement of his name, his law

firm name, address, and special branch of law

practice.

4. Simple announcement of the opening of a law

firm or of changes in the partnership, associates,

firm name or office address

5. His name listed in a telephone directory but not

under a designation of a special branch of law.

Not allowed advertising

1. A lawyer may not properly publish his brief

biographical and informative data in a daily

paper, magazine, trade journal or society

program

2. A lawyer may not publish his name in a law list in

which the conduct, management or contents arecalculated or likely to deceive or injure the public

or the bar, or to lower dignity or standing of the

profession.

Example of Violations of this rule:

1. Causing the publication of an advertisement in

Sunday Tribune which read

Marriage

“license promptly secured thru our assistance &

annoyance of delay or publicity avoided if

desired, and marriage arranged to wishes of

parties. Consultation on any matter free for the

poor. Everything confidential..

Legal Assistance service

12 Escolta, Manila room 105

Tel 2-41-60

Ambulance chasing, defined.

- One seeking out persons in negligence cases and

directing them to an attorney in consideration of

a percentage of the recovery

- A term descriptive of the practice of some

attorneys, on hearing of a personal injury whichhave been caused by negligence or wrongful act

of another, of at once seeking out the injured

person with a view to securing authority to bring

action on account of the injury.

Prohibiting professional advocacy to promote his

law practice or to solicit clients

Canon 26 of the Canons of Professional Ethics

- Lawyer openly may render professional services

before legislative or other bodies regarding

proposed legislation and in advocacy of claims

before departments of government

- It is unprofessional for a lawyer so engaged, to

conceal his attorneyship, or to employ secret

personal solicitation, or to use means other than

those addressed to reason and understanding, to

influence action.

Rule 2.04 - A lawyer shall not charge rates lower

than those customarily prescribed unless the

circumstances so warrant.


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Duty to Shun Cut-throat Rates

Cut throat rates - lowering legal fees to attract

paying clients.

The rate for legal services that is “customarily

prescribed” is generally dictated by market forces.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL

SERVICES SHALL USE ONLY:

- TRUE,

- HONEST,

- FAIR,

- DIGNIFIED AND

- OBJECTIVE INFORMATION OR STATEMENT OF

FACTS.

The Duty of honest and dignified pronouncement of

legal services:The embellishment and exaggeration of

credentials is not only frowned upon. It is

sanctionable because there is a certain degree of

dignity that must be maintained.

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.

Duty Not to use Fraudulent or misleading

pronouncement of qualifications:

All communications regarding the lawyer must

contain information that is necessary for the client to

be informed about the professional competence of a

lawyer. This info. would include:

1. Office information – law firm name, and

contact numbers.

2. Relevant biographical information

3. Description of the practice but only

designations and definitions authorized by

the agency.

4. Permitted fee information.

Some self- laudation must be limited and othersprohibited:

Information on scholastic honors, or election in

public office may be disseminated.

the lawyer may not announce the successful

results he has obtained on behalf of his clients

or the lawyer’s record in obtaining favorable

judgments for the reason that past performance

of the lawyer is not an indication of future

performance, and because no lawyer can

guarantee the results of any legal action.

Testimonials from previous clients are not

allowed.

Rule 3.02 - In the choice of a firm name, no false,misleading or assumed name shall be used. The

continued use of the name of a deceased partner is

permissible provided that the firm indicates in all its

communications that said partner is deceased.

Duty of Honesty in the Firm name and selection of

the Firm Name:

1. Generally, the law firm name is derived from the

surnames of the founding members of the law

firm.

2. Usually, firm names “identify the more active

and/or more senior members or partners in the

law firm.”

3. Art. 1825 of the Civil Code prohibits third person

from including his name in the firm name under

pain of assuming the liability of a partner.

4. A lawyer is not authorized to use a name other

than the name inscribed in the Roll of Attorneys in

his practice of law.

5. Lawyers cannot practice under a foreign law firm

name bec. the foreign law firm is not authorized to

practice law in the Philippines and to avoidconfusion on part of future clients.

Use of a deceased partner’s name:

- It is permissible provided that “the firm indicates

in all its communications that said partner is

deceased.”

Reason why it is permitted: An able lawyer without

connections will have to make name for himself

starting from scratch. Another able lawyer who can

join an old firm, can initially ride on the old firm’s

reputation established by the deceased partner.

Continued use of Retired partner’s name:

A retired partner can be in a “of counsel”

status and retain his name in the firm name esp. if the

firm name has been long- established and well-

recognized and communications about the lawyer’s

status clearly indicate that he is retired.


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Use or Assumed Trade Name is not allowed:

A partnership for the practice of law is not a

legal entity. It is a mere relationship or association for

a particular purpose. It is not a partnership formed for

the purpose of carrying on a trade or business or of

holding property.”

Application of the word “associates” in the firm

name:

Associates describe those who are employees of

the firm. It can be misleading in two situations: 1.

Where two lawyers are partners and they share both

responsibility and liability; and 2. Where two lawyers

practice separately sharing no responsibility and

liability.

Firm Name for Solo Practitioners:

A solo practitioner may not use a firm name

which is misleading such as: use of associates or

affiliates, or designate himself as senior atty. Where

he is the only atty. in the law firm.

BUT he may use the term “Law Firm”, which may

consists of many lawyers or only a single practitioner.

Use of the Term “Of Counsel”:

- A counsel assists in certain specialized services

rendered by the law firm. The relationship of a

counsel with the law firm must be close, personal

and regular with frequent and continuing contact,

and not that of partner, shareholder, or associate.

Rule 3.03 - Where a partner accepts public office, heshall withdrawal from the firm and his name shall be

dropped from the firm name unless the law allows

him to practice law currently.

Public officials that are prohibited to engage in the

practice of law:

1. Judges and other officials or employees of

the superior court;

2. Officials and employees of the Solicitor

general.

3. Gov’t prosecutors;

4. President, Vide- President, Members of the

Cabinet, their deputies and assistants;

5. Members of the Constitutional Commissions

6. Ombudsman and his deputies;

7. All governors, city and municipal mayors;

8. Prohibited by special law.

Exceptions:

Under Sec. 7 of RA 6713/Code of Conduct of Ethical

Standards for Public officials and Employees, a

public officer is prohibited to engage in the private

practice of their profession unless authorized by

the Constitution or law provided that such practice

will not conflict or tend to conflict with their official

functions.

Member of congress who are lawyers may practicelaw provided they may not “personally appear” as a

counsel before any court of justice, or before

electoral tribunals, or quasi- judicial and other

administrative bodies. Hence, they may retain their

names in the law firm names. The same also

applies to Members of the Sangguniang who are

lawyers.

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.

Payment to media for publicity is a callous

contempt to commercialize the legal profession

bec. it attracts legal business for legal profession is

a public service profession.

However, the lawyer is not mandated to decline

genuine media attention to his advocacies which

have generated public interest or the participation

of the media is indispensible such as advocacy to

expose corruption in the gov’t.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THEDEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING

OR SUPPORTING EFFORTS IN LAW REFORM AND IN

THE IMPROVEMENT OF THE ADMINISTRATION OF

JUSTICE.

Duty to Support the Improvement of the Legal

System

Lawyers should participate in proposing and

supporting legislation and program to improve the

legal system, without regard to the general interests

or desires of clients or former clients. He shouldencourage the simplification old laws and the repeal

or amendment of laws that are outmoded.

Duty of Lawyers to assist the judicial and Bar Council

(JBC)

- A lawyer may with propriety endorse a candidate

for a judicial office and seek like endorsement from

other lawyers.


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- But a lawyer who endorses a judicial candidate or

seeks that endorsement from other lawyers should

be actuated by a sincere belief in the superior

qualifications of the candidate for judicial service

and not by personal or selfish motive.

- A lawyer believes that the candidate lacks the

essential qualifications for the office or believesthat the opposing candidate is better qualified,

should have the courage and moral stamina to

refuse the request for endorsement.

CANON 5 - A LAWYER SHALL

a. KEEP ABREAST OF LEGAL DEVELOPMENTS,

b. PARTICIPATE IN CONTINUING LEGAL

EDUCATION PROGRAMS,

c. SUPPORT EFFORTS TO ACHIEVE HIGH

STANDARDS IN LAW SCHOOLS AS WELL AS

IN THE PRACTICAL TRAINING OF LAW

STUDENTS AND

d. ASSIST IN DISSEMINATING THE LAW AND

JURISPRUDENCE.

Duty to Keep Abreast of Legal Developments

A lawyer must not only be guided by the strict

standards imposed by the lawyer’s oath, but should

likewise espouse legally sound arguments for clients.

Example of Violation of Canon 5

1. When the law is so elementary, not to know it or

to act as if one does not know it constitutes gross

ignorance of the law.

2. The 15 – day period for appealing or for filling a

motion for reconsideration cannot be extended.

It was the ignorance of the counsel in

disregarding this rule.

There is no law requiring the publication of

Supreme Court decisions in the Official Gazette

before they can be binding. It is the duty of the

lawyer to keep abreast of decisions of the

Supreme Court.

Radio and television talk shows; legal columns

writers; Guidelines for lawyers who write or speak

on legal matters for the consumption of the general

public

1. The lawyer should carefully refrain from giving or

appearing to give a general solution applicable to

all apparently similar individual problems

2. Talks and writing by lawyers for laypersons

should caution them not to tempt to solve

individual problems upon the basis of the

information contained

Relation to Canon 40 of the Canons of Professional

EthicsA lawyer may write articles for publications in

which he gives information upon the law

He could not accept employment from such

publication to advice inquiries in respect to their

individual rights.

Genesis of the MCLE

August 22, 2000, the Supreme Court adopted Bar

Matter No. 805.

On December 01, 2001, the Supreme Court

approved the MCLE implementing regulations which

paved the way for the full implementation.

Bar Matter 850: Mandatory Continuing Legal

Education(See Appendix 6)

Purpose: To ensure that throughout their career, they

keep abreast with law and jurisprudence, maintain

the ethics of the profession and enhance the

standards of law practice.

Requirements of Completion of MCLE

Members of the IBP, unless exempted under Rule 7,

shall complete every 3 years at least 36 hours ofcontinuing education activities.

Parties Exempted from the MCLE: those who hold

public positions such as senators, ombudsman, and

even Incumbent deans, bar reviewers and professors

of law who have teaching experience for at least ten

(10) years in accredited law schools

CANON 6 - THESE CANONS SHALL APPLY TO

LAWYERS IN GOVERNMENT SERVICES IN THE

DISCHARGE OF THEIR TASKS.

Duties Apply to Lawyers in government Service

General Rule: 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 a

government official.


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Exception: If his governmental infraction also

constitutes a violation of his oath as a member of the

bar.

Higher standard of integrity is required from

government lawyers than private practitioners

This is expected because delinquency of agovernment lawyer erodes the people’s trust and

confidence in the government

When a public officer is sanctionable as a public

officer and when as a lawyer

1. Violations of RA 6713 ("Code of Conduct and

Ethical Standards for Public Officials and Employees.")

are not subject to disciplinary action under the Code

of Professional Responsibility unless the violations

also constitutes infractions of specific provisions of

the Code of Professional Responsibility

2. A disbarment case may be filed following a

finding of guilt in an administrative investigation by

the proper government authority.

3. A disbarment case may be filed against a Register

of Deeds who was dismissed by the President of the

Philippines for the illegal issuance of TCTs.

Rule 6.01 - The primary duty of a lawyer engaged in

public prosecution is not to convict but to see that

justice is done. The suppression of facts or the

concealment of witnesses capable of establishing

the innocence of the accused is highly reprehensible

and is cause for disciplinary action.

Duty of a Public Prosecutor to see that Justice is

Done

The public prosecutor does not side with either

party but instead should be guided by what evidence

is presented by the contending parties.

He should not institute criminal charges when he

knows that the charges are not supported by

probable cause.

He should also make known any evidence that

tends to negate the guilt of the accused, mitigate the

degree of the offense, or reduce the punishment.

Imbler vs. Pachtman

- The prosecutor is the representative not of an

ordinary party to a controversy, but of a sovereignty

whose obligation to govern impartially is as

compelling as its obligation to govern at all

- He is a peculiar and very definite sense the

servant of the law, the two-fold aim of which is that

guilt shall not escape or innocence suffer

Rule 6.02 - A lawyer in the government service shall

not use his public position to promote or advance his

private interests, nor allow the latter to interfere

with his public duties.

Duty to separate Public Duties from Private Interests

- A public office is a public trust.- The prohibitions are those which may be found

under the Anti-Graft and Corrupt Practices Act

The “revolving door” between government service

and private practice

The practice of some lawyers in using

government service as a mere “stepping stone” to

jobs outside government service may cause some

prejudice to the government service as a whole

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.

Duty to Avoid Conflict of Interest After Leaving the

government service

The word “intervene” is limited to mean only an

act of a person who has the power to influence the

subject proceedings and which act should not be

insubstantial and insignificant.

Section 7(b) of RA 6713 prohibits certain

transactions and interests during the incumbency of

the public official and for a period of one year after

his resignation, retirement or separation from the public office.

Example of Violation of Rule 6.03

1. An assistant Vice President of a government-

owned and controlled bank who had intervened in

the handling of a loan account by writing demand

letters to the borrower, subsequently, represent the

borrower in a civil action between the government

bank and the borrower as a result of the same loan

account.


Ethics

A lawyer should not accept employment as an

advocate in any matter upon the merits which he has

previously acted in a judicial capacity.


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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.

Duty to uphold the integrity and dignity of the Legal

Profession; Duty to support the Integrated Bar of the

Philippines (IBP)

The lawyer must be ever conscious that his

conduct, behavior, bearing, language and reputation

are projection not only of all the lawyers in the

country bur a projection of the legal profession as

well.

Example of Violation of Canon 7

1. Enticing private individuals to invest their moneyin an investment scheme which was an activity not

authorized by the company’s by-laws


Ethics

Lawyer should expose without fear or favor

before the proper tribunal corrupt or dishonest

conduct in the profession and should accept without

hesitation employment against a member of bar who

has wronged his clients.

Brief History of the Integrated Bar of the Philippines

(IBP)

1. Supreme Court created Commission on Bar

Integration on October 5, 1970 which was tasked

to serve as a common vehicle of the court and the

bar in fashioning a blueprint for integration and

putting same into actual operation.

2. Republic Act 6397, which become effective

September 17, 1971, confirmed the power of the

Supreme Court to adopt rules of court to effect

the integration of the Philippine Bar.

3. January 9, 1973 the Supreme Court by a percuriam

resolution, pursuant to its constitutional mandate

ordained the integration of the Bar in accordancewith its Rules 139-A, effective January 16, 1973.

4. Within the next succeeding months, the IBP was

organized. On February 17, 1973, local chapters all

over the country finally formed and elections for

chapter officers were held.

Integrated Bar, defined

Is a state-organized bar, to which every lawyer

must belong, as distinguished from bar associations

organized by individual lawyers themselves,

membership in which is voluntary.

Purpose of the IBP1. Assist in the administration of justice;

2. Foster and maintain, on the part of its members,

high ideals of integrity, learning, professional

competence, public service and conduct;

3. Safeguard the professional interests of its

members;

4. Cultivate among its members a spirit of cordiality

and brotherhood;

5. Provide a forum for the discussion of law,

jurisprudence, law reform, pleading, practice and

procedure, and the relations of the Bar to the Bench

and to the public, and publish information relating

thereto;

6. Encourage and foster legal education;

7. Promote a continuing program of legal research in

substantive and adjective law, and make reports and

recommendations thereon.

8. Enable the Bar to discharge its public responsibility

effectively.

General Objectives of the IBP

1. To elevate the standards of the legal profession,

2. To improve the administration of justice; and

3. To enable the Bar to discharge its public

responsibilities more effectively.

Effect of Non-Payment of IBP dues: warrant

suspension of membership in the Integrated Bar, and

a ground for the removal of the name of the

delinquent member from the Roll of Attorneys.

Non-political nature of the IBP:

No lawyer holding an elective, judicial, quasi-

judicial, or prosecutory office in the Government or

any political subdivision or instrumentality thereof

shall be eligible for election of appointment to any

position in the Integrated Bar or any Chapter thereof

shall be considered ipso facto resigned from his

position as of the moment he files his certificate of

candidacy for any elective public office or accepts

appointment to any judicial, quasi-judicial, or

prosecutory office in the Government or any political

subdivision or instrumentality thereof.


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Membership in voluntary bar associations:

Lawyers are free to join or establish other voluntary

lawyers’ organizations. Lawyers’ organizations may be

set-up for specialized practice of law such as

Intellectual Property Association of the Philippines

All voluntary Bar associations now existing or

which may hereafter be formed- may co-exist with the Integrated Bar

- but shall not operate at cross-purposes therewith

- nor against any policy, act, resolution or decision

thereof.

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.

Requirements for all applicants for admission to the

bar:

Every applicant for admission as a member of the bar

- must be a citizen of the Philippines,

- at least twenty-one years of age,

- of good moral character, and

- resident of the Philippines; and

- must produce before the Supreme Court

satisfactory evidence of good moral

character, and that

- no charges against him, involving moral

turpitude, have been filed or are pending in

any court in the Philippines.

Additional requirements for other applicants:- studied law for four years, and

- successfully completed all prescribed courses, in

a law school or university,

- The affidavit of the candidate, accompanied by a

certificate from the university or school of law

- before he began the study of law, he had pursued

pre- law and satisfactorily completed in an

authorized and recognized university or college,

- the completion of a four-year high school course,

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.

Duty to Support only those Qualified to be admitted

to the Bar

Just as the lawyer himself must be qualified with

respect to his character, education and the other

requirements, the lawyer must expect every other

applicant to be equally qualified.

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.

Duty to be Professional and DignifiedDirects all lawyers must behave in a professional

and dignified manner before the general public.

“Becoming modesty” is a desirable trait for practicing

lawyers.

Examples of Violations of Rule 7.03

1. Vindictiveness is unprofessional and vengeance is

grave misconduct

- The Act of filing multiple complaints against

another reflects in a lawyer’s fitness to a member of

the profession.

- Respondent’s tenacity in pursuing several

complaints against complainants is trying to exact

revenge

_______________________________________

Canon 8 - A LAWYER SHALL CONDUCT HIMSELF WITH

COURTESY, FAIRNESS AND CANDOR TOWARDS HIS

PROFESSIONAL COLLEAGUES, AND SHALL AVOID

HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Duty of Professional Courtesy:

Lawyers are duty bound to uphold the

dignity of the legal profession. A lawyer must giverespect to a fellow lawyer at the same way that he

expects to be respected by others.

Advising a client to file disbarment case

against opposing client is not unethical where the

lawyer was compelled in good faith to do so, and it

was done with no improper motive, lawyer cannot be

found guilty of “instigating” disbarment proceedings

against a brother attorney.

Rule 8.01 A lawyer shall not, in his professional

dealings, use language which is abusive, offensive or

otherwise improper.

Duty to be Professional in Language

This rule covers not only disrespectful

language towards a fellow lawyer, but also covers

such language towards a party ligitant. If the language

is towards the courts, Canon 11, Rule 11.03 will apply.


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Excessive language weakens rather than

strengthens the persuasive force of legal reasoning.

General Rule of Statements in judicial proceedings:

Statements made in the course of judicial

proceedings are absolutely privileged. Statements

made in pleadings, petitions, motions, are absolutelyprivileged regardless of the defamatory tenor and of

the presence of malice, provided that it is relevant to

subject of inquiry. So, if it’s not relevant, they may be

considered libelous.

Offensive remarks in pleadings are not “privilege

communication.” This is the exception to the above-

stated general rule. This constitutes unprofessional

conduct that may subject the lawyer to disciplinary

actions, even if the publication is privileged.

The rule of absolute privileged communication

absolves beforehand the lawyer from civil and

criminal liability. But the lawyers nevertheless

remain subject to the disciplinary authority of the

Court.

Offensive or improper utterances are not

punishable when they’re made out of impulsiveness

or the heat of the moment in the course of an

argument; lawyers should be allowed some latitude

of remark or comment in the furtherance of their

causes.

Sanctions for intemperate language: a lawyermay be held liable for contempt or administratively

disciplined. He may not be subject to a counterclaim

in the case litigated for such language.

In case of contemptuous statements in private

letters to judges and justices, privacy of

communications cannot be invoked.

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.

Duty to Refrain from Professional Encroachment:

Professional courtesy extends to the respect

for the lawyer-client relationship existing between

another lawyer and his clients.

Should the client manifest his dissatisfaction with

his present lawyer, the new lawyer must give only an

objective assessment of the client’s options and must

not denigrate the other lawyer’s professional

standing in order to obtain for himself the client’s

account.

Entry of appearance of a second lawyer does not

imply the removal of the first lawyer.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR

INDIRECTLY, ASSIST IN THE UNAUTHORIZED

PRACTICE OF LAW.

Duty to a lawyer to shun unauthorized practice of

Law is founded on public interest and policy.

Purpose: to protect the public, the court, the client,

and the bar from incompetence or dishonesty ofthose unlicensed to practice law and not subject to

the disciplinary control of the Court.

Effects of unauthorized practice of law: can bring

detriment, danger, and damage to private individuals

who should be receiving competent and learned legal

assistance from lawyers.

Practice of Law – refers to any activity, in or out of

the court which requires the application of law, legal

procedure, knowledge, training and experience.

- Practice of law is not a natural or constitutional

right but a special privilege, highly personal and

partakes the nature of public trust.

- One who has passed the bar examinations but has

not yet taken his oath and signed the roll of

attorneys is not yet authorized to practice law.

- Practice of law without authority may be punished

for indirect contempt.

SHYSTER – In legal ethics, it is a non- lawyer

pretending to be a lawyer.

Specialized practice of Law: a lawyer may prefer aparticular field of law as his interest as he has

developed mastery and expertise in that particular

field.

A lawyer shall not permit his professional service or

his name to be used in aid or collaborate on cases

with a person, agency personal or corporate which

are not authorized to practice law.


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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.

Lawyering is a profession:

A lawyer shall not delegate or assign to anunqualified person a lawyer’s delicate job because

not all persons are capable of doing a lawyer’s job in

every field of law. As a profession, lawyers can

demand payment for their services which have

certain standard of quality.

The lawyer and the non-legal staff:

The lawyer should give assistants

appropriate instruction and supervision concerning

the ethical aspects of their employment, particularly

regarding the obligation not to disclose information

relating to representation of their client, and should

be responsible for their work product because non-

legal staff are not subjected to professional discipline.

The Lawyer and the Law Student:

A law student can help the lawyer in the

fields of lawyer’s work such as examination of a case

law and court records, interviewing witnesses, making

collection of claims, delivering papers and other

similar matters. BUT the student is not permitted to

perform the professional functions of a lawyer, such

as conducting court trials, giving prof. advice to clients

or drawing legal documents from them.

A Law Student Practice Rule (Rule 138- A):

1. Conditions for student practice:

He is on his 4th

year in law school.

Enrolled in a recognized law school’s legal

education approved by the SC.

2. Appearance: He shall be under the direct

supervision and control of a member of the IBP

in all his appearance in court.

Exception: law student appears before an inferior

court as an agent or a friend of a party where

issues and procedure are relatively simple even

without supervision of a lawyer.

3. Privileged communications shall also apply to the

student.

4. Law student shall comply with the standards of

professional conduct governing members of the

Bar.

Reasons for the need of a supervising lawyer for a

practicing law student:

1. To ensure no miscarriage of justice.

2. Law school clinic may be able to protect itself

from any potential vicarious liability arising from

any culpable action of their law students.3. To ensure consistency with the fundamental

principle that no person is allowed to practice

without a license.

SELF- REPRESENTATION (SEC. 34 RULE 128):

The individual litigant may personally do

everything in the course of proceedings from

commencement to the termination of the litigation.

Danger of self- representation: runs the risk of failing

in the legal nuisances because of his ignorance of

legal substance and procedures.

Self- representation cannot be availed in criminal

cases because the right to counsel cannot be waived

even though he is the most intelligent man because

he does not know how to establish his innocence.

- A party must choose between self-

representation or being a member of the bar. During

the course of proceedings, a party should not be

allowed to shift from one form of representation to

another in order to avoid confusion.

Private Practice- involves the exercise of a professionor vocation usually for gain, mainly as attorney by

acting in a representative capacity and as counsel by

rendering legal advice to others.

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 latter's death,

money shall be paid over a reasonable period of

time to his estate or to persons specified in the

agreement; or

(b) Where a lawyer undertakes to complete

unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer

employees in a retirement plan even if the plan is

based in whole or in part, on a profit sharing

agreement.


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Practical reasons for the rule/duty to maintain the

integrity of the lawyer’s fees:

1. Fees for legal services are the fruits earned from

the proper application of the study of law.

2. If fees were to be allowed to non- lawyers, it

would leave the public in hopeless confusion as to

whom to consult in case of necessity and also leave

the bar in a chaotic condition because non- lawyers

are not amenable to disciplinary measures.

Canon 34 of CPE:

- Prohibits an agreement for the payment to the

widow and heirs of a deceased lawyer of a percentage

of fees received from the future business of the

deceased lawyer’s clients.

- No division of fees for legal services is proper

except with another lawyer, based upon the division

of service or responsibility.

Canon 10 - A LAWYER OWES CANDOR, FAIRNESS

AND GOOD FAITH TO THE COURT

Duty of Candor to the Courts:

While a lawyer owes fidelity to the cause of

his client, it should not be at the expense of truth and

the administration of justice

Duty to Obey Court Orders:

1. Lawyers should obey court orders and processes;

wilful disregard of them can subject lawyers to

punishment for contempt and disciplinary

sanctions

2. A lawyer has the graver responsibility (than any

other profession) to uphold the integrity of the

courts and show respect to their processes

3. This duty exists no matter how minor the court

order may seem

4. Failure to do so is only partially justified by hisattention to his sick relatives

5. Failure to receive court orders is not an excuse

when there is negligence

6. On vague or erroneous court orders: Lawyer

should carry out the spirit and intent (and just

openly defy the court order)

Duty to file pleadings on time:

Late filings may be exculpated by fortuitous

events or force majeure, but absence of these factors

will hold the lawyer liable

Relevant illustrations of lawyer’s disrespect to court

orders:1. Lawyer’s attempt to raise issues long since laid

to rest by final and executor judgments

2. Deliberately instruction his office clerks not to

receive court decisions

3. Res judicata

Rule 10.01: A lawyer shall not do any falsehood, nor

consent to the doing of any in Court; nor shall he

mislead, or allow the Court to be misled by any

artifice.

Duty of Fidelity to the Courts

Just think Atty. Manuel “the awesome one” Zamora ;)

1. Falsehood without intent, causing no material

damage, is sanctionable

2. Knowingly making false allegations in pleadings is

direct contempt; and this is causing the client to

perjure himself (subjecting him to criminal

prosecution for perjury)

3. It matters not whether or not the court was

misled by lawyer’s submission of false

allegations/documents, because there’s that

malicious intent already

*No need to cite one too many illustrations here as

they’re all about doing falsehood to the courts. I’msure you get it kids.

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.

Duty to Give Accurate Quotations and Citations:

The Golden Rule (on how to quote court

decisions): court decisions must be reproduced,

copied or quoted word-for-word and punctuation-

mark-for-punctuation mark

Rationale of the rule: This is because accdg to Art 8,

CC, jurisprudence forms part of the law of the land,

thus they must be exactly quoted, otherwise they

might lose their proper and correct meaning, to the


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detriment of other courts, lawyers, and the public

who may be misled.

Reasoned interpretation of a court decision is

not deception, it would be mere argument fully

within the bounds of earnest debate.

But presenting as a findings of fact, making

them appear as if they’re facts recognized by the

court when in truth they were merely forwarded

versions constitutes misrepresentations.

Lawyer’s signature on pleadings: it constitutes as a

certificate by him that he has read the pleading and

that to the best of his knowledge, information and

belief, there is good ground to support it

Rule 10.03 A lawyer shall observe the rules of

procedure and shall not misuse them to defeat the

ends of justice.

Duty of Fidelity to the Rules of Procedures:

Note: Rules of Court have the force and effect of law;

real spirit and intent should be invoked (remember

StatCon lesson- Rules of Court are liberally construed)

- Filing pleadings thru fax machine is not allowed

as there arises an uncertainty of determining its

genuiness

Filing a Dilatory appeal: filing an appeal to delay theenforcement of a final judgment. Splitting an appeal

into several actions is an abuse of processes of court

CANON 11 - A LAWYER SHALL OBSERVE AND

MAINTAIN THE RESPECT DUE TO THE COURTS AND

TO JUDICIAL OFFICERS AND SHOULD INSIST ON

SIMILAR CONDUCT BY OTHERS.

As an officer of the court, it is his duty to uphold

the dignity and authority of the court which he owesfidelity accdg. to the oath he has taken. Respect for

the courts guarantees the stability of our democratic

institutions which, without respect, would be resting

on a very shaky foundation.

Canon 11 also speaks respect due to the judicial

officers. Thus, lawyers must also extend respect to

the clerk of the court.

Illustration of violation of the rule:

a. Stating in a radio interview that a judge was

ignorant of the law and he is studying mahjong

rather than studying law.

b. Arguing in motion for reconsideration that the

lawyer who filed it was a big name “Claro M.Recto”.

c. Pleadings that uses offensive and intemperate

language as a means of harassing judges whose

decisions unfavorable to them.

A. Forms of Disrespect to the Court:

1. Disregard from the court orders is disrespect to

the court; examples:

a. Failure to file a reply as ordered by the SC is

sanctionable.

b. Disobeying a TRO issued by the CA.

- Court orders however erroneous they may be,

must be respected especially by lawyers who are by

themselves officers of the courts because of the

respect and consideration that should be extended to

the judicial branch of the gov’t.

2. Harassment of judges is also disrespect to the

Court.

The filing of baseless and frivolous

administrative complaints against judges is a clear

harassment to exact vengeance for rendering adverse

judgments. A counsel can also be held to account forassisting a client in filing an utterly unmeritorious

administrative complaint against a judge because it is

a form of harassment and an attempt to unduly

influence the course of the appeal.

3. Unexplained failure to appear at scheduled

hearing is disrespect and an indirect contempt:

A lawyer without any explanation or

justification shows disrespect and degrading the

administration of justice. The lawyer must apologize

for his non- appearance in court. Even if the petition

become moot and academic, the counsel must still

appear at the hearing. It is indirect contempt bec. of

disobedience or resistance to a lawful write, order,

judgment or command by the court.

B. Remedies in case of a biased and prejudiced

judge:

The bias and prejudice of a trial judge is a

valid reason for voluntary inhibition of the judge

under Rule 137, Sec. 1 (par2). Mere suspicion that a


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judge is partial is not enough, there must be clear and

convincing evidence to prove the charge.

C. Power of Contempt by the Court:

a. The power of contempt should be exercised on

the preservative to uphold respect due to it andnot on the vindictive principle.

b. Contempt Proceedings are distinct and separate

from disciplinary or disbarment cases.

c. Contempt in facie curiae (in the face of the court)

is determined by the trial judge and could be

summarily punished without hearing.

d. Disrespectful language in a pleading may also be

committed indirectly, by annuendo or

sarcastically.

e. The disrespect may be committed against the

court and the judiciary in general.

f. The disrespect may be committed in a perverted

reasoning or argument stated in pleading.

g. Want of intention is not an excuse for the

disrespectful language used. The counsel cannot

claim that his words did not mean what any reader

must have understood them as meaning.

h. The subsequent deletion of the paragraph

containing the disrespectful language, made

through an amendment, does not erase the fact

that is has been made. Thus, it cannot be a

defense in a charge of indirect contempt.

i. Lawyers facing direct contempt may not be

allowed to retire from practice of law bec. it would

negate the power to punish him for contempt.

Differences of Direct and Indirect Contempt:

Indirect or constructive contempt:

a. The contemnor may be punished only “after the

charge in writing has been filed, and an

opportunity has been given to the accused to be

heard by himself or counsel.”

b. It is appealable.

Direct contempt:

a. The respondent may be summarily adjudged in

contempt.

b. Only judgments of contempt by MTCs, MCTCs

and MeTCs are appealable.

Using contemptuous language in pleadings

directed against a particular judge but presented in

another court or proceeding constitutes indirect

contempt. But if said pleading is submitted before the

same judge, it would be direct contempt.

Rules on Contempt under Rule 71 of the Rules of

Court:

A. Any person may be punished for Direct contempt if

the person is guilty of misbehavior in the presence of

or so near a court as to obstruct or interrupt in theproceedings before the same, including:

- disrespect toward the court,

- offensive personalities toward others,

- or refusal to be sworn or to answer as a

witness,

- or to subscribe an affidavit or deposition

when lawfully required to do so.

PENALTY:

Contempt committed against:

RTC/CA/SC: Fine not exceeding 2,000 pesos or

imprisonment not exceeding 10 days or both.

Lower court: fine not exceeding or imprisonment not

exceeding 1 day or both.

B. Any person may be punished for Indirect Contempt

in any of the following acts (SEC. 3):

a. Misbehavior of an officer of a court in the

performance of his duties.

b. Disobedience or resistance to a lawful order.

c. Any abuse of or any unlawful interference with

the proceedings of a court.

d. Any improper conduct which tends directly or

indirectly to impede, obstruct, or degrade the

administration of justice.e. Assuming to be an attorney or an officer of a

court and acting as such without authority.

f. Failure to obey a subpoena duly served.

g. The rescue or attempted rescue of a person or

property in custody of an officer by virtue of an

order of the court held by him.

NOTE: Nothing in the section shall be construed as to

prevent the court from issuing process to bring the

respondent into court, or from holding him in custody

pending such proceedings.

How to commenced proceedings:

1. May be initiated by the court against which the

contempt was committed by an order or formal

charge requiring the respondent to show cause

why he should not be punished for contempt.

2. Commenced by a verified petition with

supporting particulars and documents to support

the petition.


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Where to File: where the charge for indirect

contempt has been committed against a:

a. RTC/court of equivalent/higher Court should be

charged/filed with such court.

b. If in lower court should be filed in RTC

Hearing: respondent may be released from custodyupon filing of the bond.

PENALTY:

Contempt committed against: RTC/CA/SC: fine not

exceeding 30,000 pesos or imprisonment not

exceeding 6 months or both.

Lower court: fine not exceeding 5,000 pesos or

imprisonment not exceeding 1 month or both.

Rule 11.01 - A lawyer shall appear in court properly

attired.

Proper attire for:

Male - Barong Tagalog or suit with tie.

Female – appropriate business attire.

But generally, the proper attire would be the

contemporary business suit.

- A lawyer not wearing proper attire in court may be

held in contempt of court and ordered to leave the

court and return properly attired.

Rule 11.02 - A lawyer shall punctually appear at

court hearings.

Punctuality is demanded by the respect which

a lawyer owes to the court, the opposing counsel and

to all the parties to the case. It is not an excuse that

his tardiness was caused by matters which could

reasonably be foreseen or anticipated such as

traffic/breakdown of his vehicle.

Rule 11.03 - A lawyer shall abstain from scandalous,

offensive or menacing language or behavior before

the Courts.

Illustration of violation of the rule both written and

oral language:

a. Using the terms “abhorrent nullity”, “legal

Monstrosity”, “horrible error”

b. Stating in his brief that “Judge Maliwanag is not

wearing his brief while in his chamber during

office hours.”

If the disagreement between the counsel and the

judge has degenerated into a personal clash, the use

of the contempt power may no longer be in the

preservative but already in the vindictive sense. If this

happens, the contempt citation would be improper or

that punishment should be revised.

Rule 11.04 - A lawyer shall not attribute to a Judge

motives not supported by the record or have nomateriality to the case.

Duty not to attribute unfounded ill-motives to a

judge:

It is the right of the lawyer also as a citizen to

criticize in properly respectful terms and through

legitimate channels the acts if courts and judges.


a. An allegation by a counsel that the proceedings

before the trial court were “irregular” and that the

so called irregularities “show the accused control

over the court and court procedure”.

b. Stating in pleading: “The Decision of the Court is

like a brief for Ayala” and “The court jeopardized

its campaign against graft and corruption.”

Rule 11.05 - A lawyer shall submit grievances against

a Judge to the proper authorities only.

Grievance Mechanism:

a. All grievances against judges must be presented

before the SC as the disciplining authority over all

judges.

b. It must be shown beyond doubt that the judgment is unjust as it is contrary to law or is not

supported by evidence, and the same was made

with conscious and deliberate intent to do an

injustice.

Elements of inexcusable negligence in rendering an

unjust judgment:

Judge failed to observe in his performance

of his duty, that diligence, prudence, and care which

the law is entitled to exact in the rendering of public

service.

Jurisdiction of the Ombudsman over Judges:

The Ombudsman is duty- bound to have all

cases against judges and court personnel filed before

it referred to the SC for determination of whether an

administrative aspect is involved in accordance with

Art. VIII Sec. 6 of Constitution. In the meantime that

the administrative matter is pending before the SC,

the Ombudsman must defer action on the criminal

complaint against the judge or court personnel.


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CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT

AND CONSIDER IT HIS DUTY TO ASSIST IN THE

SPEEDY AND EFFICIENT ADMINISTRATION OF

JUSTICE.

Duty to Assist in the Speedy and Efficient

Administration of Justice:

Lawyers should not forget that they are, first

and foremost, officers of the court, bound to exert

every effort to assist in the speedy and efficient

administration of justice. This duty is not only of the

lawyer but also of the judge

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 andthe order of its preference. 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.

Duty not to Engage in FORUM SHOPPING:

Forum Shopping is a malpractice of trifling

with the courts and abusing their processes (outside

info: Forum shopping is the litigants’ act of getting

their legal case heard in the court thought most likely

to provide a favourable judgment)

Elements of Forum Shopping:

1. Identity of parties or at least such parties as

representing the same interests in both actions

2. Identity of the rights asserted and the reliefs

prayed for, the relief being founded on same facts

3. The identity of the two preceding particulars, such

that any judgment rendered in the other will

amount to res judicata in the action under

consideration

3 ways to commit forum shopping:1. Filing of multiple cases based on the same cause

of action and with he same prayer (where the

ground for dismissal is litis pendentia)

2. Filing multiple cases based on the same cause of

action and the same prayer, the previous case

having been finally resolved (where the ground

for dismissal is res judicata)

3. Filing multiple cases based on the same cause of

action but with different prayers (splitting of

causes of action, where the ground for dismissal

is also either litis pendentia or res judicata)

Summary dismissal:

If the acts of the party or his counsel clearlyconstitute wilful 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.

Rule on forum shopping applies only to judicial

cases and not to administrative and disbarment cases

(well, disbarment actions are administrative

proceedings)

[Even in the judiciary] the rule requiring a

Certificate of Non-Forum Shopping may be relaxed

when so warranted

Willful intent is required: when there’s no

intention on the part of the lawyer to mislead the

court, he can’t be sanctioned

Literal identity of the parties is not required: It’s

sufficient that there is identity of interests

represented

[Illustration] Thus, there can be forum shopping

where a party in one cases is the GSIS and the party in

the second cases is the ECC, where the interest of the

GSIS was affirmed by the ECC

Certificate of Non-Forum Shopping is executed by

the party, not the counsel:If executed by the counsel, it’s defective

equivalent to a non-compliance with the requirement

Rationale: it is the party himself who would be in a

position to know whether another case had been filed

or not

Res judicata distinguished from Forum shopping:

a. Res judicata is what results when a present case

filed is barred by a prior final judgment

b. Forum shopping requires another pending case

Illustration:

Filing an action for the annulment if the sale

and the recovery of property allegedly inherited from

the deceased will not prosper where the same

property and the same claim are pending adjudication

in a separate proceeding for the settlement of the

estate of the deceased


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Rule12.03 A lawyer shall not, after obtaining

extensions of time to file pleadings, memoranda or

briefs, let the period lapse without submitting the

same or offering an explanation for his failure to do

so.

Duty to File Pleadings Seasonably:1. The grant of extensions of time to file pleadings is

a mere liberality upon the granting authority, so

it must not be abused. A lawyer who files a

motion for extension does not do so as a matter

of right. It’s a mere plea.

2. An extension of time for filing of briefs will not be

allowed except for good and sufficient cause, and

only if it’s filed before the expiration of the time

sought to be extended

3. Allowance or denial of the motion filed is

addressed to the sound discretion of the court

4. Explanation for failure to file pleading seasonably

must be acceptable.

5. Lawyers should not presume that the extension

that may be granted shall be counted from

notice. Thus, lawyers should not wait until their

motion for extension is acted upon. They should

file their pleadings within the period which they

requested in their motion for extension.

Illustration:

The excuse that the counsel was suffering

from hypertension was not accepted, as the counsel

could have informed the court in due time

Duty of lawyer hired midstream:

Replacement lawyer:

Well, he should work double time; a lawyer

who accepts a case in midstream is presumed and

obliged to acquaint himself with all the antecedent

processes and proceedings that have transpired in the

record prior to his takeover. As for the replaced

lawyer, he must inform the court that at the time his

brief was due, he had already been freed from his

task of submitting his brief

Rule 12.04 A lawyer shall not unduly delay a case,

impede the execution of a judgment or misuse Court

processes.

Duty Against Dilatory moves and Misuse of Court

- this speaks of duty to expedite litigation

- this is because a lawyer owes a duty to the court

to “assist the court in the expeditious

consideration and disposal of pending cases”

Technicalities should not be improperly used to

thwart substantial justice. Hence, a party should not

invoke defect of from where no prejudice tosubstantial rights are involved

Treble costs can be assessed against dilatory and

frivolous appeals and tactics:

Frivolous / dilatory appeals: Where the rights

of a party have been made crystal clear by a lower

court decision, it may also already be clear that any

appeal from it is clearly groundless and that the

appeal made is only for the purpose of delay. Such a

scheme is an attempt to defeat the administration of

justice

Illustration:

1. Repeatedly resorting to the remedy of certiorari

is a dilatory tactic

2. Where a case has already attained finality before

the SC and the case was remanded to the trial

court, the losing party may not file a new action

as a mere subterfuge to frustrate the execution

of the judgment.

Examples of Misuse of Court Processes:

Misuse of a TRO issued by the CA – Applying for TRO

where party already knew that the orders of the trial

court which were sought to be enjoined had alreadybeen implemented

Multiple or repetitious petitions - filing, in behalf of

the same petitioners, a second petition for review on

certiorari of the same CA decision that had been

previously denied with finality.

Rule 12.05 A lawyer shall refrain from talking to his

witness during a break or recess in the trial, while

the witness is still under examination.

Duty not to Coach a Witness under Examination:

Witness Preparation (good-allowed): occurs before

the testimony; lawyer’s act of advising the client of

the intended testimony and the witnesses’ ability to

convey the information and advocate the strengths of

the testimony; here the lawyer can inform the

witness what to expect, how to act properly, and the

procedures


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Witness Coaching (bad-not allowed): done during

testimony; counsel obfuscates the truth or instructs

the witness to lie. It makes the testimony appear

contrived, rehearsed, and unreliable.

Rule 12.06 - A lawyer shall not knowingly assist awitness to misrepresent himself or to impersonate

another.

Duty not to Present a False Witness

Dealing with corrupt witnesses: when the

judge is convinced that the witness makes false

statements, he may immediately order that the

witness be prosecuted for perjury.

Rule 12.07 A lawyer shall not abuse, browbeat or

harass a witness nor needlessly inconvenience him.

Duty to Respect Witness:

Because a witness is not an antagonistic

party, so he/she should be respected and treated

with politeness and courtesy

Rule 12.08 A lawyer shall avoid testifying in behalf of

his client, except:

(a) on formal matters, such as the mailing,

authentication or custody of an instrument, and the

like; or

(b) on substantial matters, in cases where his

testimony is essential to the ends of justice, in which

event he must, during his testimony, entrust the trialof the case to another counsel.

Duty not to be a Witness and Counsel at the Same

Time:

If a lawyer is both counsel and witness, he

becomes more easily impeachable for interest and

thus may be a less effective witness. The public will

be inclined to believe that a lawyer’s testimony is

altered to serve the client’s interest. He is an

ineffective position or arguing his own credibility. The

roles of an advocate and a witness are inconsistent.

Rationale of the rule:

1. It’s designed to protect the integrity of the

advocate’s professional role by preserving the

distinction between advocacy, which is based on

reason and subject to objective evaluation, and

testimony, which is based on the witness’ moral

qualities and is evaluated in terms of individual

credibility.

2. It is corollary to the rule that an advocate may

not inject personal belief as to the cause into

argument to the judge. In other words, it

eliminates the opportunity to mix argument and

fact.

Prohibition does not apply to a former counsel This does not mean that a lawyer cannot testify

as witness. His remedy would be to withdraw

from active management of the case.

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.

Duty not to influence judges:

Any inappropriate ex parte communication

with the judge is disallowed. A lawyer should not

communicate or argue privately with the judge as to

the merits of the pending cause and deserves rebuke

and denunciation for any device of attempt to gain

from judge special personal consideration favor.

Rule 13.01 - A lawyer shall not extend extraordinary

attention or hospitality to, nor seek opportunity for

cultivating familiarity with Judges.

Duty of non-fraternization with judges:

A lawyer’s treatment of judges must not be

with the end in view of cultivating closeness which

can be converted later on to seek favors from the

judge.

Being a former law school classmate, being a

neighbor/fraternity brother, both lawyer and the

judge must be aware and conscious as to where such

friendship must end.

When it comes to matters pending in the

judicial docket, the lawyer and the judge must keep aprofessional distance and affinity must be kept

respectful.

Rule 13.02 - A lawyer shall not make public

statements in the media regarding a pending case

tending to arouse public opinion for or against a

party.


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Duty not to resort to the Bar of Public Opinion

during the pendency of a case:

However, it should be recognized that

certain statements may be generally permitted, such

as a statement on the general nature of a claim or

defense in a pending case.


a. Publication in a newspaper with the title, “Senior

prosecutor lambasts Surigao judge for allowing

murder to bail out.”

Sub- Judice defined:

- Refers to matters under or before a judge or

court; under judicial consideration.

- Part of the law relating to contempt to the

court.

Basis/purpose of the Sub- Judice rule:

The courts must be allowed to deal with the

legal issues that are before it free from undue

interference and influences by others making public

statements about how these issues should be dealt

with. It also protects the witnesses because public

statements may change relevant facts of what he

witnessed.

How it is violated?

It is violated by public statements that risk

prejudging matters or causing prejudice. It includes

statements urging the court to reach a particular

result in a matter, comments of the strength orweakness of a party’s case or particular issue, or

comments on witnesses or evidence in the case.

Application:

It applies where court proceedings are

ongoing, and through all stages of appeal until the

matter is completed. It also applies where the court

proceedings are merely imminent.

The rule applies to lawyers, as well as to the

public and public officials including legislators.

Penalty:

Making public statements in the media

regarding a pending case which tends to arouse

public opinion for or against a party may also

constitute indirect contempt under Sec. 3 (c-d) Rule

71 of the Rules of Court.

Exception to the rule: fair and accurate reporting is

allowed of the factual content of ongoing judicial

proceedings by the media, as long as the report does

not usurp the court’s role by prejudging the case or its

legal issues.

How does prejudice formed in violation of sub-

judice rule? If judges and witnesses are exposed to

the media materials that are not part of the evidence

presented or argued in the trial, judges and thewitnesses will be hindered from impartiality and

objectivity which cause prejudice. Freedom of

expression as well as freedom of the media to report

should be limited since these freedoms should not

take precedence over the proper administration of

justice.

Ex. of violation of sub- judice rule:

a. public discussion of a prior criminal record

which is not relevant to the present charge

against him;

b. on-screen admissions of guilt by the accused.

Open- Justice principle:

Refers to the public right to scrutinize and

criticize courts and court proceedings.

Purpose: to prevent idiosyncrasy or judicial

arbitrariness and maintain public confidence in the

administration of justice. Also, it has been just as

fundamental to a democratic society of freedom of

speech.

Post- litigation criticisms:

It is the duty of a lawyer to criticize and

expose the shortcomings and indiscretions of courtsand judges by criticizing concluded litigations

because then the court’s actuations are thrown open

to public consumption and discussion.

Illustrations of disrespectful post- litigation

criticisms:

a. A lawyer describing a ruling as a “absolutely

erroneous and constituting an outrage to the

rights of the petitioner Mickey Celles and a

mockery to popular will.”

b. A lawyer stating through a local newspaper,

“the only remedy to put an end to so much

evil, is to change the members of the SC.”

Rule 13.03 - A lawyer shall not brook or invite

interference by another branch or agency of the

government in the normal course of judicial

proceedings.


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Judicial Independence defined:

- It is the doctrine tha

legal ethics [funa book]-atty. funa [haulo, ampong, rico)

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