Legal Ethics  Support the Constitution and obey the laws as

well as the legal orders

Ecumenical Prayer for the Courts - set an example to everyone
- lawyers must be tantamount example of the
Almighty God, we stand in your Holy presence as our
law (what is right and just); must be compliant
supreme judge.
with the laws
We humbly beseech you to bless and inspire us, so that - the practice of law is a privilege (“It makes it a
what we think, say and do will be in accordance with grey area if you make it a right”)
Your will.
 Do no falsehood, nor consent to the doing of any
Enlighten our minds, strengthen our spirit and fill our
in court
hearts with fraternal love, wisdom and understanding, so
- as an officer of the court, there should be
that we can become effective channels of truth, justice
truthfulness at all times
and peace.
- go to court with clean hands
In our proceedings today, guide us in the path of - it is a lawyer’s responsibility to not file false
righteousness for the fulfillment of your greater glory. information

Amen.  Not wittingly or willingly promote or sue any

groundless, false, or unlawful suit
LAWYER’S OATH - presupposes cases that are not supported by
I _____ , do solemnly swear that I will maintain law/makes one do unlawful things
allegiance to the Republic of the Philippines; - do not file cases without legal ground – be
honest with clients if s/he has a losing case
I will support and defend its Constitution and obey the
laws as well as the legal orders of the duly constituted
authorities therein;  Delay no man for money or malice
- aiding a client by delaying the hearing for
I will do no falsehood nor consent to the doing of any in
court; money
- remember that lawyers are the advocates of
I will not wittingly or willingly promote or sue any their client
groundless, false or unlawful suit nor give aid nor
Examples:
consent to the same;
*For money: prolonging case to collect
I will delay no mane for money or malice and will appearance fee
conduct myself as a lawyer according to the best of my
*For malice: losing case then filed MR again and
knowledge and discretion with all good fidelity as well to
the court as to my clients; and again to prolong the case
**knowledge and discretion – knowledge should
I will impose upon myself these voluntary obligations, be updated; updated with new laws
without any mental reservation or purpose of evasion.
So help me God.

FIDELITY v. LOYALTY
 The lawyer’s oath embodies the heart and soul of the
Devotion to one Blind faith
legal obligation
Its like saying “I am “I am yours but I
yours and yours can flirt with others”
 Duties and Obligations of a lawyer under the
alone”
Lawyer’s Oath:

 Maintain allegiance to the Republic of the

Philippines
- because the legal profession is imbued with
PUBLIC TRUST, the practice of law in the
Philippines is exclusive to Filipinos to assure
the devotion and loyalty to the Republic is
maintained

Page | 1
 GENERAL PRINCIPLES
 ATTORNEY OF RECORD:
PRACTICE OF LAW
- Attorney whose name, together with his
 Practice of Law is a privilege given to a chosen few. address, is entered in the record of the case as
the designated counsel of the party litigant.
o Not everyone has the opportunity to be called - To whom judicial notices are sent.
Attorney
o PRIVILEGE: it is given to a chosen few; accorded  A LAWYER “OF COUNSEL”
only to those who measure up to a certain rigid
- is an experienced lawyer, who is usually a
standards of mental and fitness
retired member of judiciary employed by law
 Basic ideal is to render public service and secure firms as consultant.
justice for those who seeks its aid (Mayer v. State
Bar)  AMICUS CURIAE is:
- An experienced and impartial attorney invited by
 A lawyer forms part of the machinery of justice the court to appear and help in the disposition of
administered by the court. issues submitted to it.
- It implies friendly intervention of counsel to call
the attention of the court to some matters of law
Concepts:
or facts which might otherwise escape its notice
 LAWYER: and in regard to which it might go wrong.
- those who have passed the regular Philippine - Appears in court not to represent any particular
Bar Examinations, taken the lawyer’s oath, and party but only to assist the court.
signed the roll of attorneys
- Refers to that class of persons, who, by license,
are officers of the court and who are empowered  AMICUS CURIAE PAR EXCELLENCE:
to appear, prosecute and defend and on whom - bar associations who appear in court as amici
peculiar duties, responsibilities are devolved by curiae or friends of the court. Acts merely as a
law consultant to guide the court in a doubtful
- 3 things to be a Bone Fide Lawyer: question or issue pending before it.
o Taken and passed the Philippine Bar
Examination -
o Taken the Oath of Lawyer administered by  “BAR” refers to the legal profession.
the Supreme Court en banc
o Signed in the Roll of Attorneys
 “BENCH” refers to the judiciary.

** Those who pass the Shari’a Bar are NOT
entitled to be called
― ATTORNEYS but as
― COUNSELORS, unless they have also been
admitted to the Philippine Bar

** Only those who are admitted to the
Philippine Bar can be called
―ATTORNEYS.

 COUNSEL DE PARTE:
- An attorney retained by a party litigant, usually
for a fee, to prosecute or defend his cause in
court. Implies freedom of choice either on the
attorney or the litigant.

 COUNSEL DE OFICIO:
- Attorney appointed by the court.
- To defend an indigent defendant in a criminal
action.
- To represent a destitute party.

Page | 2
 THE LEGAL PROFESSION Standards of the Legal Profession

Practice of Law as a Profession 1. Independence

- Not being influence by outside forces, i.e.
 The practice of law is a profession, a form of money
public trust, the performance of which is 2. Accessibility
entrusted only to those who are qualified to
- service is always accessible and readily
possess good moral character.
available notwithstanding difference
 The legal profession is not a trade. - must not choose only those high-paying
3. Learning
 To render public service and secure justice to - Continuous learning process; keep abreast
those who seek its aid. of social dynamics and changing times

 It is not a business, using bargain counter

methods to reap large profits.
Concept of Practice of Law
 The gaining of livelihood is not a profession, but - Practice of law means any activity, in or out of court,
a secondary consideration. which requires the application of law, legal procedures,
knowledge, training and experience.
 It is more of a privilege than a right because it is
a continuing mandate PP v. VILLANUEVA
 Prosecutor Fule, Assistant City Prosecutor in San
Pablo, Laguna, enter into appearance as
Lawyer as a… PRIVATE PROSECUTOR in a criminal case
 He entered a Private Prosecutor but with the
o Quasi-Judicial Officer: there is a responsibility to
approval of the Secretary of Justice; He said that
aid in the administration of justice; NLRC and his time allotted in the case will not impede his
PRC and other departments service as a Prosecutor; the jurisdiction in s uch
o Officer of the court: answerable to the court; court is different
determination of right; mandated to always
IS HE ENTITLED TO PRACTICE?
protect the integrity of the court; task is to know - the case is an isolated case and by
the law and how to apply it virtue of RULE 138 of the Rules of
Court, he went there not as a Lawyer
Four-fold Duties
but as an Agent of the Complainant
1. Duties to SOCIETY – should not violate his - there is no habituality, hence he was not
illegally practicing law
responsibility to society, exemplar for
righteousness, ready to render legal aid, foster “PRACTICE”
social reforms, guardian of due process, aware
of special role in the solution of special problems  more than an isolated appearance
and be always ready to lend assistance in the  consists in frequent or customary actions, a
study and solution of social problems. succession of acts of the same kind
2. Duties to the LEGAL PROFESSION – candor,  frequent habitual exercise
fairness, courtesy and truthfulness, avoid  customarily or habitually holding one’s self out to
encroachment in the business of other lawyers, the public and demanding payment for such
uphold the honor of the profession. services
3. Duties to the COURT – respect or defend against  includes legal advice & counseling, preparation of
criticisms, uphold authority and dignity, obey legal instruments and contracts by which legal
order and processes, assist in the administration rights are secured, which may or may not be
of justice. pending in court
4. Duties to the CLIENT – entire devotion to client’s  includes representation on court
interest.
CAYETANO v. MONSOD
 “Practice of law means any activity, in or out
**In one decision, the SC emphasized the importance of of court, which requires the application of
a lawyer in the judicial system in that the wheels are law, legal procedure, knowledge, training
most, if not all the time starts with the lawyer. and experience.”

Page | 3
  Practice of Law is not limited to the conduct of  The practice of law is a privilege bestowed
cases or litigant in court, it embraces the only on the morally fit. A bar candidate who is
preparation of pleadings and other papers morally unfit cannot practice law even if he
incident to actions and special proceedings; the passes the bar examinations.
management of such actions and proceedings
on behalf of clients before judges and courts.
 Practice of law also engages in the business of FELICIANO v. LOZADA
advising person, firms, associations or The practice of law includes “[performing] acts
corporations as to their rights under the law, or which are characteristics of the [legal]
appears in a representative capacity as an profession” or “[rendering any kind of] service
advocate in proceedings pending or prospective,
before any court, commissioner, referee, board, [which] requires the use in any degree of legal
body, committee, or commission constituted by knowledge or skill.
law or authorized to settle controversies and
there
The Practice of Law is a Privilege, not a business

Three Principal Types of Professional Activities: BONGALONTA v. CASTILLO

1. Legal advice and instructions to the clients to The practice of law is not a right but a privilege
inform them of their rights and obligations. bestowed by the State on those who show that
2. Preparation for clients of documents requiring
they possess, and continue to possess, the
knowledge of legal principles not possessed by
ordinary layman. qualifications required by law for the conferment
3. Appearance for clients before public tribunals. of such privilege.

IN RE: AL C. ARGOSINO
Essential Criteria Determinative Of Engaging In The
Practice Of Law: (Haca)  Requirement of good moral character is of
1. Habituality- implies customarily or habitually greater importance so far as the general public
holding oneself out to the public as a lawyer and the proper administration of justice is
2. Compensation- implies that one must have concerned.
presented himself to be in the active practice  There is a very real need to prevent a general
and that his professional services are available perception that entry into the legal profession
to the public for compensation, as a source of
is open to individuals with inadequate moral
his livelihood or in consideration of his said
services. qualifications. The growth of such a perception
3. Application of law, legal principle, practice, would signal the progressive destruction of our
or procedure which calls for legal knowledge, people’s confidence in their courts of law and
training and experience. in our legal system as we know it.
4. Attorney-client relationship.  Good moral character is a requirement
possession of which must be demonstrated
ULEP v. LEGAL CLINIC not only at the time of application for
 Whether a man is practicing law, we should permission to take the bar examinations but
consider his work for any particular also, and more importantly, at the time of
client/customer, as a whole, “one who confers application for admission to the bar and to
with clients” take the attorney’s oath of office.
 Public policy requires that the practice of law
be limited to those individuals found duly
qualified in education and character
 Purpose of this qualification: to protect the
public, the court, the client and the bar from the
incompetence or dishonesty of those unlicensed

AGUIRRE v. RANA
 Before one is admitted to the Philippine Bar,
he must possess the requisite moral integrity for
membership in the legal profession.
 Possession of moral integrity is of greater
importance than possession of legal learning.

Page | 4
 PERSONS ENTITLED TO PRACTICE 1. Remain a member of the Integrated Bar of
the Philippines
LAW
IBP – official organization of the Phil. Bar
Sec. 1, Rule 138, Rules of Court: Any person who has
-- investigating and recommending arm
been duly licensed as a member of the bar in accordance
with the statutory requirements and who is in good and of the S.C. in disciplinary case
regular standing is entitled to practice law Phil. Bar Association – other organization in
Phil Bar
Two Basic Requirement under Rule 138
2. Regularly payment of IBP membership dues,
A. Admission to the Bar other lawful assessments and the annual
1. Proof of educational, moral, and other professional tax receipt
qualifications (to be submitted to the
Office of the Bar Confidant and then 3. Faithfull observe the rules and ethics of the
legal profession
submit to the SC for its deliberation):
- Citizen of the Philippines. 4. continually subject to judicial disciplinary
- Resident of the Philippines control
- At least 21 years old
- Successfully completed all prescribed 5. Compliance with the Mandatory Continuing
courses. (4 years HS, Bachelor’s Degree, Legal Education
4 years Law School)
- Passed the bar exams.
- Production before the Supreme Court GENERAL RULE:
satisfactory evidence of: The appointment or election of a lawyer to a
a. Good moral character government office disqualifies him from engaging in the
b. No charges against him, involving private practice of law
moral turpitude, have been filed or are • To preserve public trust in a public office
pending in any court in the Philippines. • To avoid conflict of interests or a possibility
thereof
• To assure the people of impartiality in he
*Bar Matter No. …… performance of public functions
- a graduate of foreign law school is
allowed to take the Bar presupposed that
s/he is a Filipino citizen and resident and PUBLIC OFFICIALS PROHIBITED FROM ENGAGING
the conditions of: IN PRIVATE PRACTICE OF LAW
1. completed all subjects equivalent to LLB
2. law school is recognized and accredited ABSOLUTE PROHIBITION
by the Supreme Court 1. President, Vice-President, and Members of the
Cabinet and their Deputies and Assistants
2. Judges and other officials and employees of the
2. Passing the Bar Exam courts, office or employees of the Solicitor
- 4 Sundays in November General, and the Government Prosecutors
- 8 Subjects: Civil Law, Labor and
Social Legislation, Mercantile Law, *Solicitor General – lawyer of the state
Criminal Law, Political and *Prosecution service – representative of the
International Law, Taxation, People of the Phils.
Remedial Law, Legal Ethics and
3. All governors, city and municipal Mayor
Practical Exercises
*Vice-Governor and City/Municipal Vice-
3. Taking the Lawyer’s Oath before the Mayor – can practice
Supreme Court 4. Members of the Constitutional Commissions:

4. Signing in the Roll of Attorneys and a. COMELEC

b. COA
receiving a Certificate of License to practice
c. CSC
B. Lawyers must remain in good and regular 5. Civil Service officers or employees whose duties
standing and responsibilities require that their entire time
be at the disposal of the government
- Continuing requirement for the practice of
6. Ombudsman and his deputies
law

Page | 5
LIMITED PROHIBITION WHEN NON-LAWYERS MAY PRACTICE LAW
General Rule: Only those who are licensed to practice
1. Lawyer member of the Legislature is prohibited
law can appear and handle cases in court.
from appearing as counsel before any Court of
Justice or before the Electrical Tribunals, or quasi- Exceptions:
judicial and other administrative bodies
1. First-Level Courts
2. Members of the Sanggunian: a. Before the MTC - a party may conduct his case
a. They shall not appear as counsel before or litigation in person with the aid of an agent or
any court in any civil case wherein an LGU friend appointed by him. [Sec. 34, Rule 138]
or any office, agency or instrumentality of
the government is the adverse party b. Before any other court – a party may conduct
b. They shall not appear as counsel in any his litigation personally. [Sec. 34, Rule 138]. He is
criminal case wherein an officer or bound by the same rules in conducting the trial of
employee of the national or local his case. He cannot, after judgment, claim that he
government is accused of an offense was not properly represented.
committed in relation to his office 2. In a criminal case before the MTC – in a locality
c. They shall not collect any fee for their where a duly licensed member of the Bar is not
appearance in administrative proceedings available, the judge may appoint a non-lawyer who is a
involving the local government of which he resident of that province, of good repute for probity and
is an official ability to represent the accused in his defense. [Sec. 7,
d. They shall not use the property and Rule 116]
personnel of the Government EXCEPT
when the Sangguian member concerned is 3. Law Student enrolled in a legal clinic
defending the interest of the government 4. Under the Labor Code – non-lawyers may appear
before the NLRC or any Labor Arbiter if they
3. A civil service officer or employee whose duty or
responsibility does not require his entire time to be (a) represent themselves;
at the disposal of the Government may engage in (b) represent their organization or members thereof
the private practice of law provided he can secure [Art. 222, PD 442]
a written permit from the head of the department
concerned 5. A non-lawyer or layman may represent a claimant
before the Cadastral Court [Sec. 9, Act. No. 2259]
4. Retired judge or justice receiving pension from the 6. Any official or other person appointed to appear for
Government, cannot act as counsel in a civil case the Government of the Philippines in accordance with
in which the Government or any of its subdivision law shall have all the rights of a duly authorized member
or agencies is the adverse party or in a criminal of the bar in any case in which said government has an
case wherein an officer or employee of the interest [Sec. 33, Rule 138].
Government is the accused of an offense in
relation to his office
Limitations in the appearance of a layman on behalf
5. A former government attorney cannot, after of another:
leaving government service, accept engagement
or employment in connection with any matter in 1. Layman should confine his work to non-adversarial
which he had intervened while in the said service contentions.
2. Should not undertake purely legal work such as
LIABILITY For Unauthorized Practice examination of witnesses or presentation of
A. Disbarment until their re-admission evidence.
B. Suspension until the suspension is over 3. Services should not be habitually rendered.
C. Prohibited from engaging in the practice of law 4. Should not charge or collect attorneys’ fees.
D. Any such person caught to be practicing law
without authority shall be liable for Contempt of
Court punishable by a fine or imprisonment or
both

Page | 6
ADMISSION TO THE PRACTICE OF LAW student. As succinctly clarified in Bar Matter No.
730, by virtue of Section 34, Rule 138, a law
 Admission to practice is a judicial function student may appear, as an agent or a friend of a
 The power to admit applicants to the practice of party litigant, without the supervision of a lawyer
law is judicial in nature and involves the exercise before inferior courts.
of judicial discretion.
 Traditionally exercised by the Supreme Court as
an inherent part of its judicial power. Payment of IBP Dues
 Rationale comes from the nature of a judicial - It is a condition sine qua non for lawyer to be
function and the role played by attorneys considered in good and regular standing
 The integrity of the attorney and the manner in - Allows the lawyer to practice the law and to
which he performs his role – the quality of justice remain his name in the Roll of Attorneys
dispensed by the courts depends here - Failure to pay, will warrant his suspension. If he
still fails to pay, his name will be stricken off in
 To enable the court to properly discharge its the Roll of Attorneys
responsibility for the efficient and impartial
administration and to elevate and maintain the LETTER OF ATTY. CECILIO Y. AREVALO
standard of the legal profession requires that it  IBP is a state-organized Bar, to which every
lawyer must belong, organized by or under the
must have the primary duty to decide:
direction of the State.
A. Who may be admitted to the bar as one of
 The FEE is imposed as regulatory measure,
its officers.
designed to raise funds for carrying out the noble
B. What are the causes for disciplinary action
objectives and purposes of integration
against him.
 PAYMENT OF DUES is a necessary
C. Whether he should be disciplined,
consequence in the IBP, of which NO ONE IS
suspended, disbarred, or reinstated.
EXEMPT.
 The compulsory nature of payment of dues
Law Student and Practice of Law subsists for as long as one’s membership in the
 Rule 138-A of the Rules of Court in relation to IBP remains regardless of the lack of practice of,
Section 34, Rule 138 of the Rules of Court or the type of practice, the member is engaged
 Conditions: in. THERE IS NOTHING IN THE LAW WHICH
1. A law student who has successfully completed his ALLOWS EXEMPTION FROM PAYMENT OF
3rd year of the regular 4-year prescribed law MEMBERSHIP DUES.
curriculum SOLIMAN V. ATTY. LLAMAS
2. Enrolled in a recognized law school’s clinical  Llamas contends that he is exempted from
legal education program approved by the SC paying the IBP dues because he is only engaged
in a ―limited practice (because he is farmer –
3. may appear without compensation in any civil,
pineapple) and he is a senior citizen.
criminal or administrative case before any trial  As long as you are a member of the IBP even if
court, tribunal, board or officer you are only engaged in a limited practice, you
4. to represent indigent clients accepted by the Legal are still liable to pay the membership dues .
Clinic of the school. [Sec. 1, Rule 138-A]  A lawyer can engage in the practice of law only
 The student shall be under the direct supervision and by paying his Integrated Bar of the Philippines
control of a member of the IBP duly accredited by the dues, and it does not matter that his practice is
law school. [Sec. 2] “limited”; The exemption from payment of income
 Any pleadings, motions, briefs, memoranda or other tax granted to senior citizens by Republic Act No.
paper to be filed must be signed by the supervising 7432 does not include payment of membership
attorney or association dues.
 Rules on Privileged Communication shall apply to the
student acting for the Legal Clinic Citizenship
 Student must comply with the standards of
professional conduct governing members of the bar - Maintain to be a Filipino citizen to enjoy the
 Failure of an attorney to provide adequate privilege of practicing law
supervision of a student practice may be a ground for
- DUAL CITIZENSHIP may still practice law as long
disciplinary action
as he maintains his Filipino citizenship
CRUZ V. MINA - If he re-acquires or repatriate his Filipino
Section 34, Rule 138 is clear that appearance citizenship, you are NOT AUTOMATICALLY
practice law…You have to take the Lawyer’s Oath
before the inferior courts by a non-lawyer is
again
allowed, irrespective of whether or not he is a law

Page | 7
 PETITION, BENJAMIN DACANAY xxx
(5) Justices, judges, prosecuting attorneys, clerks of
 Under RA 9225, if a person intends to practice the superior and inferior courts, and other officers and
legal profession in the Philippines and he employees connected with the administration of justice,
reacquires his Filipino citizenship pursuant to its the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or
provisions “(he) shall apply with the proper territory they exercise their respective functions; this
authority for a license or permit to engage in such prohibition includes the act of acquiring by assignment
practice.” and shall apply to lawyers, with respect to the property
 Stated otherwise, before a lawyer who reacquires and rights which may be the object of any litigation in
which they may take part by virtue of their profession.”
Filipino citizenship pursuant to RA 9225 can
resume his law practice, he must first secure from - Art. 2208, Civil Code
this Court the authority to do so, conditioned on: In the absence of stipulation, attorney's fees and
a. the updating and payment in full of the expenses of litigation, other than judicial costs, cannot
be recovered, except:
annual membership dues in the IBP; (1) When exemplary damages are awarded;
b. the payment of professional tax; (2) When the defendant's act or omission has compelled
the plaintiff to litigate with third persons or to incur
c. the completion of at least 36 credit hours of expenses to protect his interest;
mandatory continuing legal education; this (3) In criminal cases of malicious prosecution against
the plaintiff;
is specially significant to refresh the
(4) In case of a clearly unfounded civil action or
applicant/petitioner’s knowledge of Philip- proceeding against the plaintiff;
pine laws and update him of legal (5) Where the defendant acted in gross and evident bad
faith in refusing to satisfy the plaintiff's plainly valid,
developments and just and demandable claim;
d. the retaking of the lawyer’s oath which will (6) In actions for legal support;
(7) In actions for the recovery of wages of household
not only remind him of his duties and helpers, laborers and skilled workers;
responsibilities as a lawyer and as an (8) In actions for indemnity under workmen's
compensation and employer's liability laws;
officer of the Court, but also renew his (9) In a separate civil action to recover civil liability
pledge to maintain allegiance to the arising from a crime;
Republic of the Philippines. (10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and
equitable that attorney's fees and expenses of
LEGAL ETHICS litigation should be recovered.
In all cases, the attorney's fees and expenses of
 Branch of moral science of which treats of the duties litigation must be reasonable.
which an attorney owes to the court, to his client, to
his colleagues in the profession and to the public - Art. 203 and 222, Labor Code
Article 203. Prohibition. No agent, attorney or other
 It is the embodiment of all principles of morality and person pursuing or in charge of the preparation or filing
refinement that should govern the conduct of every of any claim for benefit under this Title shall demand or
charge for his services any fee, and any stipulation to
member of the bar the contrary shall be null and void. The retention or
 Its basic ideal is to render public service and secure deduction of any amount from any benefit granted under
justice to those who seek its aid. this Title for the payment of fees for such services is
prohibited. Violation of any provision of this Article shall
be punished by a fine of not less than five hundred
Sources of Legal Ethics pesos nor more than five thousand pesos, or
imprisonment for not less than six months nor more than
o PRIMARY one year, or both, at the discretion of the court.
Article 204. Exemption from levy, tax, etc. All laws to
a. Bar:
the contrary notwithstanding, the State Insurance Fund
i. Canons of Professional Ethics and all its assets shall be exempt from any tax, fee,
ii. Code of Professional Responsibility charge, levy, or customs or import duty and no law
b. Bench: hereafter enacted shall apply to the State Insurance
Fund unless it is provided therein that the same is
i. Canons of Judicial Ethics applicable by expressly stating its name.
ii. Code of Judicial Conduct for the
Philippine Judiciary - Art. 209, RPC
Betrayal of trust by an attorney or solicitor. — Revelation
2. SECONDARY of secrets. — In addition to the proper administrative
- Decision/Resolution of the SC action, the penalty of prision correccional in its minimum
- SC Circulars period, or a fine ranging from 200 to 1,000 pesos, or
- Orders/Resolution of other Courts both, shall be imposed upon any attorney-at-law or
- IBP Issuances solicitor ( procurador judicial) who, by any malicious
breach of professional duty or of inexcusable negligence
3. OTHER SOURCES or ignorance, shall prejudice his client, or reveal any of
the secrets of the latter learned by him in his
- Art. 1491(5), Civil Code
“The following persons cannot acquire by purchase, professional capacity.
even at a public or judicial auction, either in person or
through the mediation of another:

Page | 8
 CANONS OF PROFESSIONAL PROCESSES. x x x x Rule 1.02—A lawyer
RESPONSIBILITY shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence
The Lawyer and Society in the legal system.
CANON 1: A lawyer should uphold the
Constitution, obey the laws of the land and Duties of a Notary Public
promote respect for law and legal processes NADAYAG V. GRAGEDA
BAUTISTA V. GONZALES  A lawyer shall at all times uphold the
 Malpractice suit integrity and dignity of the legal profession.
 A lawyer should observe honesty and fairness The trust and confidence necessarily
even in private dealings and failure to do so is reposed by clients require in the attorney a
a ground for disciplinary action high standard and appreciation of his duty to
 A lawyer should never seek to mislead the court his clients, his profession, the courts and the
by a false statement of fact or law public. The bar should maintain a high
standard of legal proficiency as well as of
DONGGA-AS V. CRUZ ANGELES & PALER honesty and fair dealing.
 “once a lawyer takes up the cause of his client,  A lawyer can do honor to the legal
he is duty-bound to serve the latter with profession by faithfully performing his duties
competence, and to attend to such client’s to society, to the bar, to the courts, and to
cause with diligence, care, and devotion his clients.
whether he accepts it for a fee or for free. He  Notarization of a private document converts
owes fidelity to such cause and must always be such document into a public one and
mindful of the trust and confidence reposed renders it admissible in court without further
upon him. Therefore, a lawyer’s neglect of a proof of its authenticity.
legal matter entrusted to him by his client
constitutes inexcusable negligence for which
Rule 1.01 – A lawyer shall not engage in
he must be held administratively liable.”
unlawful, dishonest, immoral or deceitful
 the relationship between a lawyer and his client
conduct
is highly fiduciary and prescribes on a lawyer a
great fidelity and good faith. The highly fiduciary o Unlawful Conduct: An act or omission which is
nature of this relationship imposes upon the against the law
lawyer the duty to account for the money or o Immoral Conduct: Conduct that shows
property collected or received for or from his indifference tot the moral norms of society and
the opinion of good and respectable members
client
of the community
 all lawyers should be bound not only to o Moral Turpitude: Means anything which is done
safeguard the good name of the legal contrary to justice, honesty, modesty or good
profession, but also to keep inviolable the morals.
honor, prestige, and reputation of the judiciary EXAMPLES: abduction, bigamy, concubinage,
smuggling, rape, estafa, robbery murder, theft,
profiteering, illicit sexual relationship with a
DIZON V. LAMBINO
fellow worker, violation of BP 22, falsification,
 Atty. Lambino was legally justified in advising Violation of Dangerous Drugs Act, purgery,
against the turn over of the suspects to Atty. forgery, homicide, arson, evasion of income tax,
Dizon, there being no basis for him to effect a extortion, libel
warrantless arrest. Atty. Dizon’s administrative
complaint against her must then be dismissed. Crimes categorized as those involving moral
 By persisting in his attempt to arrest the turpitude
suspected students without a warrant, Atty.
o Abduction
Dizon violated Rule 1.02 of Canon 1 of the
o Bigamy
Code of Professional Responsibility which o Concubinage and Adultery
provides: CANON 1—A LAWYER SHALL o Smuggling
UPHOLD THE CONSTITUTION, OBEY THE o Rape
LAWS OF THE LAND AND PROMOTE o Estafa
RESPECT FOR LAW AND LEGAL o Estafa through Falsification of a document

Page | 9
o Attempted and Direct Bribery The harmful practice of putting valueless
o Profiteering commercial papers in circulation, multiplied a
o Robbery and Theft thousandfold, can very well pollute the channels
o Murder of trade and commerce, injure the banking system
o Illicit relationship with a fellow worker and eventually hurt the welfare of society and the
o Violation of BP 22 public interest.
o Perjury  Good moral character is not only a condition
o Forgery precedent to an admission to the practice of law;
o Arson its continued possession is also essential for
o Evasion of Tax remaining in the practice of law. We should add
o Barratry that the crimes of which respondent was
o Blackmail convicted also import deceit and violation of her
o Embezzlement attorney’s oath and the Code of Professional
o Extortion Responsibility under both of which she was bound
o Libel to “obey the laws of the land.”
o Mutation of public records
o Seduction In RE: PERALTA
 Respondent made a mockery of marriage which is
GUEVARRA V. EALA a sacred institution demanding respect and dignity
A lawyer, in carrying on an extra-marital affair and his conviction of violation of Art. 350 of the
with a married woman prior to the judicial Revised Penal Code involves moral turpitude.
declaration that her marriage was null and void,  His act in contracting the second marriage even his
and despite such lawyer himself being married, act in making love to another woman while his first
showed disrespect for an institution held sacred wife is still alive and their marriage still valid and
existing is contrary to honesty, justice, decency
by the law—he betrayed his unfitness to be a and morality.
lawyer.  Lacking the good moral character required by the
Rules of Court, the respondent is disqualified from
REYES V. GAA being admitted to the bar.
 He was charged with malpractice and willful
violation of his oath because of extortion IN RE: AVANCEÑA
 Gaa violated Section 3(b) of RA No. 3019
 A lawyer convicted of falsification and imprisoned
 When integrity of a member of the bar is
for that crime may be disbarred. The crime involves
challenged, it is not enough that he denies the
moral turpitude. Moreover, the acts of falsification
charges against him; he must meet the issue and
amounted to deceit, malpractice and misconduct in
overcome the evidence against him
office as a lawyer.
 Where the misconduct of a lawyer as a
 The fact that a lawyer, convicted of falsif ication,
government official is of such a character as to
was conditionally pardoned does not preclude his
affect his qualification as a lawyer or to show
being disbarred. The pardon relieved him of the
moral delinquency, then he may be disciplined as
penal consequences of his act. He is being
a member of the bar on such grounds
disbarred for professional misconduct.
 The lawyer’s oath imposes upon every lawyer the
duty to delay no man for money or malice. The
ARCIGA V. MANIWANG
extortion committed by respondent constitutes
misconduct as a public official, which also  Maniwang refused to fulfill his promise of marriage
constitutes a violation of his oath as a lawyer. to Arciaga because Maniwang is married to Erlinda
Ang when he was already a lawyer.
PEOPLE V. TUANDA  The Court found that respondent’s refusal to marry
the complainant was not so corrupt unprincipled as
 Tuanda was charged with Estafa and violation of
to warrant disbarment
BP 22 by issuing 3 checks that was dishonored by
the bank  Because of the time of when he promise to marry
does not warrant immoral conduct in the legal
 She is found guilty of MORAL TURPITUDE
profession
 Sec. 2 of Rule 138 of Rules of Court: A member
 Immoral conduct has been defined as "that conduct
of the bar may be removed or suspended from his
which is willful, flagrant, or shameless, and which
office as attorney by the Supreme Court of any
shows a moral indifference to the opinion of the
deceit, malpractice, or other gross misconduct, or
good and respectable members of the community"
by reason of his CONVICTION OF A CRIME
INVOLVING MORAL TURPITUDE which is
IMMORAL CONDUCT
 The mischief it creates is not only a wrong to the
payee or holder, but also an injury to the public.

Page | 10
 TOLEDO V. TOLEDO IN RE: TERELL
 Section 5, Rule 128 of the Rules of Court requires  The promotion of an organization for the purpose
the respondent in disbarment or suspension of violating or evading the penal laws amounts to
proceedings from the practice of law to file an such malpractice on the part of an attorney at law
answer to the complaint filed by the Solicitor as will justify removal or suspension.
General after investigation and, should he desire
to present evidence in his behalf, to expressly say
so in the answer. The filing of a motion to dismiss Rule 1.03 – A lawyer shall not, for any corrupt
without stating that he intended to present
evidence in his behalf constitutes a waiver of his motive or interest, encourage any suit or
right. proceeding or delay any man’s cause
 By abandoning his lawful wife and cohabiting with
another woman who had borne him a child,
respondent had failed to maintain the highest Unprofessional acts which come within the
degree of morality expected and required of a prohibition includes:
member of the Bar.
1. Volunteering advice to bring lawsuit, except in rare
OBUSAN V. OBUSAN cases where ties of blood, relationship or trust
 Abandoning one’s wife and resuming carnal make it his duty to do so
relations with a former paramour, a married
woman, falls within “that conduct which is willful, 2. Hunting up defect in titles or causes of action and
flagrant, or shameless, and which shows a moral informing thereof in to be employed, or to breed
indifference to the opinion of the good and litigation by seeking out claims for injuries or those
respectable members of the community” having any other grounds of action in order to
secure them as clients
DIZON V. CABUCANA, JR.
 As a notary public, Atty. Cabucana should not 3. Employing agents runner for like purposes
notarize a document unless the person who signs 4. Paying reward, directly or indirectly to those who
it is the same person executing it and personally bring or influence the bringing of such cases to his
appearing before him to attest to the truth of its office = ―REFERRAL FEE”
contents. This is to enable him to verify the
genuineness of the signature of the • PAO lawyer may refer a UNLESS it becomes
acknowledging party and to ascertain that the on a regular basis where it becomes
document is the party’s free and voluntary act and monopolized
deed.
5. Remunerating policemen, court or prison officials,
doctors etc. who may succeed in influencing the
Rule 1.02 – A lawyer shall not counsel or abet person to seek professional service
activities aimed at defiance of the law or at 6. Searching for unknown heirs and soliciting their
lessening confidence in the legal system employment of him
- When in doubt, always follow the Rule of Law

IN RE: SANTIAGO BARRATRY

 The contract executed between the Spouses - It is the lawyer’s act of formenting suits among
Baniquit upon the ADVICE of Atty. Santiago and individuals and offering his legal services to one of
acknowledged by him as a notary public is them for monetary motives or purposes
contrary to law, public, good morals, and custom - offense of frequently exciting up quarrels and suits,
 The advice given by Atty. Santiago, the either at law or otherwise
preparation and acknowledgement by him of the
contract constitute Malpractice which justifies
disbarment from the practice law AMBULANCE CHASER
 When it appears that he, by recklessness or sheer - A lawyer who haunts hospitals and visits homes of
ignorance of the law, is unfit or unsafe to be afflicted, officiously intruding their presence and
entrusted with the responsibilities and obligations persistently offering his service on the basis of a
of a lawyer, his right to continue in the enjoyment contingent fee
of this professional privilege should be declared
terminated
 The respondent Roque Santiago is found guilty of EXAMPLE of Delaying Man’s Cause
malpractice and is hereby SUSPENDED from the
practice of law for a period of one year 1. Resorting to technicalities to frustrate the end of
justice

Page | 11
 2. Filing of multiple and repetitious petitions which PAJARES V. ABAD SANTOS
obviously delay the execution of a final and  Had appellant been but prudently advised by her
executory judgment counsel to confess judgment and ask from her
3. Filing several actions covering the same subject creditor the reasonable time she needed to
matter or seeking substantial or identical relief = discharge her lawful indebtedness, the expenses
FORUM SHOPPING of litigation that she has incurred by way of filing
fees in the CA, premiums for her appeal bond,
Forum Shopping appellate court docket fees, printing of her
- exists when two or more cases are filed in appellant’s brief, and attorney’s fees would have
different jurisdictions and that the same been much more than sufficient to pay off her just
involves same parties, same causes of debt to appellee.
action and same relief sought which CLOGS  Lawyer and client must cooperate so as not to
the docket clog the docket of the court
- without the Certificate of Forum Shopping,
 There must be more faithful adherence to Rule 7,
the case will/can be DISMISSED
section 5 of the Rules of Court which provides that
"the signature of attorney constitutes a certificate
4. Frivolous appeals for purposes of delay
by him that he has read the pleading and that to
5. Motion for postponements and other motions for
the best of his knowledge, information and belief,
dilatory purposes
there is good ground to support it; and that it is
6. Harassment suits
interposed for delay" and expressly admonishes
that "for a willful violation of this rule an attorney
may be subjected to disciplinary action."
MILLARE V. MONTERO
 It is unethical for a lawyer to abuse or wrongfully
use the judicial process, like the filing of dilatory
motions, repetitious litigation and frivolous
appeals for the sole purpose of frustrating and
delaying the execution of judgment
 The lawyer who filed such multiple or repetitious
petitions (which obviously delays the execution of
a final and executory judgment) subjects himself
to disciplinary action for incompetence (for not
knowing any better) or for willful violation of his
duties as an attorney to act with all good fidelity to
the courts and to maintain only such actions as
appear to him to be just and are consistent with
truth and honor.

Rule 1.04 – A lawyer shall encourage his

clients to avoid, end or settle a controversy if it
will admit of a fair settlement

DE YSASI III V. NLRC

 The useful function of a lawyer is not only to
conduct litigation but to avoid it whenever possible
by advising settlement or withholding suit
 A lawyer should be a mediator for concord and
conciliator for compromise, rather than a virtuoso
of technicality in the conduct of litigation
 both counsel herein fell short of what was
expected of them, despite their avowed duties as
officers of the court. The records do not show that
they took pains to initiate steps geared toward
effecting a rapprochement between their clients

Page | 12
CANON 2: A lawyer shall make his legal particular case shall be considered as 1 hour
of service
services available in an efficient and convenient
manner compatible with the independence, C. Said compliance report shall be submitted to the
Legal Aid Chairperson of the IBP Chapter within
integrity and effectiveness of the profession the court’s jurisdiction
D. The IBP Chapter shall, after verification, issue a
B.M. NO. 2012 compliance certificate to the concerned lawyer
PROPPOSED RULE ON MANDATORY LEGAL E. Practicing lawyer shall indicate in all pleadings
AID SERVICE FOR PRACTICING LAWYERS filed before the courts or quasi-judicial bodies the
FEBRUARY 10, 2009 number and date of issue of their certificate of
compliance for the immediately preceding
SECTION 1. Title: ―The Rule on Mandatory Legal Aid compliance period
Service
F. Before the end of a particular year, lawyers covered by the
SECTION 2. Purpose: category under Section 4(a)(i) and (ii), shall fill up a form
1. To enhance the duty of lawyers to society as agents of prepared by the NCLA which states that, during that year,
social change and to the courts as officers thereof by they are employed with the government or incumbent
helping improve access to justice by the less privileged elective officials not allowed by law to practice or lawyers
members of society and expedite the resolution of cases who by law are not allowed to appear in court.
involving them
2. Mandatory free legal service by members of the bar and The form shall be sworn to and submitted to the IBP
their active support thereof will aid the efficient and effective Chapter or IBP National Office together with the payment of
administration of justice especially in cases involving an annual contribution of Two Thousand Pesos (P2,000).
indigent and pauper litigants Said contribution shall accrue to a special fund of the IBP
for the support of its legal aid program.
SECTION 3. Scope: G. Before the end of a particular year, lawyers covered by the
1. To render free legal aid services in all cases (whether civil, category under Section 4(a)(iii) shall secure a certification
criminal or administrative) involving indigent and pauper from the director of the legal clinic or of the concerned NGO
litigants where the assistance of a lawyer is needed or PO to the effect that, during that year, they have served
2. Governs the duty of other members of the legal profession as supervising lawyers in a legal clinic or actively
to support the legal aid program of the IBP participated in the NGO’s or PO’s free legal aid activities.
The certification shall be submitted to the IBP Chapter or
SECTION 4: Definition of Terms: x x x IBP National Office.
SECTION 5: Requirements: H. Before the end of a particular year, lawyers covered by the
category under Section 4(a)(iv) shall fill up a form prepared
A. Every practicing lawyers is required: by the NCLA which states that, during that year, they are
i. To render a minimum of 60 hours of free legal aid neither practicing lawyers nor covered by Section (4)(a)(i)
services to indigent litigants in a year to (iii). The form shall be sworn to and submitted to the IBP
ii. 60 hours shall be spread within a period of 12 months, Chapter or IBP National Office together with the payment of
with a minimum of 5 hours of free legal aid services an annual contribution of Four Thousand Pesos (P4,000)
each month by way of support for the efforts of practicing lawyers who
iii. A practicing lawyer shall coordinate with the Clerk of render mandatory free legal aid services. Said contribution
Court for cases where he may render free legal aid shall accrue to a special fund of the IBP for the support of
services its legal aid program.
iv. The practicing lawyer shall report compliance with the
requirement within 10 days of the last month of each I. Failure to pay the annual contribution shall subject the
quarter of the year lawyer to a penalty of P2,000 for that year

B. A practicing lawyer shall obtain a certificate form the Clerk

of Court attesting to the number of hour spent rendering SECTION 6: NCLA: x x x
free legal aid services in a case SECTION 7. Penalties:
The certificate contains:
A. At the end of every calendar year, any practicing lawyer
i. The case or cases where the legal aid service was
who fails to meet the minimum prescribed 60 hours of legal
rendered, the party or parties in the said cases(s) for
aid service each year shall be required by the IBP, through
whom the service was rendered, the docket number
the NCLA, to explain why he was unable to render the
of the said case(s) and the date(s) the service was
minimum prescribed number of hours. If no explanation has
rendered.
been given or if the NCLA finds the explanation
ii. The number of hours actually spent attending a
unsatisfactory, the NCLA shall make a report and
hearing or conducting trial on a particular case in the
recommendation to the IBP Board of Governors that the
court or quasi-judicial body
erring lawyer be declared a member of the IBP who is not
iii. The number of hours actually spent attending
in good standing. Upon approval of the NCLA’s
mediation, conciliation or any other mode of ADR on
recommendation, the IBP Board of Governors shall declare
a particular case
the erring lawyer as a member not in good standing. Notice
iv. A motion (except a motion for extension of
thereof shall be furnished the erring lawyer and the IBP
time to file a pleading or for postponement of
Chapter which submitted the lawyer’s compliance report or
hearing or conference) or pleading filed on a
the IBP Chapter where the lawyer is registered, in case he

Page | 13
 did not submit a compliance report. The notice to the lawyer agencies cannot provide the legal services to be
shall include a directive to pay Four Thousand Pesos provided by the private counsel
(P4,000) penalty which shall accrue to the special fund for 2. The certification issued by, among others, the
the legal aid program of the IBP. PAO, the DOJ and other accredited association by
the Supreme Court shall be submitted to the BIR
B. The "not in good standing" declaration shall be effective for for purposes of availing the tax deductions as
a period of three (3) months from the receipt of the erring provided for in this Act and to the DOJ for
lawyer of the notice from the IBP Board of Governors. purposes of monitoring
During the said period, the lawyer cannot appear in court or
any quasi-judicial body as counsel. Provided, however, that
the "not in good standing" status shall subsist even after the SECTION 5. Incentives to Lawyers
lapse of the three-month period until and unless the penalty
shall have been paid. x x x a lawyer or professional partnerships rendering
C. Any lawyer who fails to comply with his duties under this actual free legal services, as defined by the
Rule for at least three (3) consecutive years shall be the Supreme Court, shall be entitled to an allowable
subject of disciplinary proceedings to be instituted motu deduction from the gross income, the amount that
proprio by the CBD. The said proceedings shall afford the could have been collected for the actual free legal
erring lawyer due process in accordance with the rules of services rendered or up to ten percent (10%) of the
the CBD and Rule 139-B of the Rules of Court. If found gross income derived from the actual performance
administratively liable, the penalty of suspension in the
practice of law for one (1) year shall be imposed upon him.
of the legal profession, whichever is lower: Provided,
That the actual free legal services herein
D. Any lawyer who falsifies a certificate or any form required contemplated shall be exclusive of the minimum
to be submitted under this Rule or any contents thereof shall sixty (60)-hour mandatory legal aid services
be administratively charged with falsification and
rendered to indigent litigants as required under the
dishonesty and shall be subject to disciplinary action by the
CBD. This is without prejudice to the filing of criminal Rule on Mandatory Legal Aid Services for Practicing
charges against the lawyer. Lawyers, under BAR Matter No. 2012, issued by the
Supreme Court.
E. The falsification of a certificate or any contents thereof by
any Clerk of Court or by any Chairperson of the Legal Aid
Committee of the IBP local chapter where the case is OLBES V. DECIEMBRE
pending or by the Director of a legal clinic or responsible
 Deciembre filled up the blank checks by indicating
officer of an NGO or PO shall be a ground for an
administrative case against the said Clerk of Court or the amounts that has not been agreed upon at all
Chairperson. This is without prejudice to the filing of the  The oath that lawyers swear to likewise impresses
criminal and administrative charges against the malfeasor. upon them the duty of exhibiting the highest degree
of good faith, fairness and candor in their
F. The ―not in good standing‖ declaration shall be
effective for a period of 3 months from the receipt relationships with others. The oath is a sacred trust
of the erring lawyer of the notice from the IBP that must be upheld and kept inviolable at all times.
 Thus, lawyers may be disciplined for any conduct,
whether in their professional or in their private
RA No. 9999 capacity, if such conduct renders them unfit to
AN ACT PROVIDING A MECHANISM FOR FREE continue to be officers of the court
LEGAL ASSISTANCE AND FOR OTHER
PURPOSES
Rule 2.01 – A lawyer shall not reject, except
SECTION 1. Title: Free Legal Assistance Act of 2010
for valid reasons, the cause of the defenseless
SECTION 2. Declaration of Policy: or the oppresses
1. To value the dignity of every human person and guarantee
the rights of every individual, particularly those who cannot IBP Guidelines, Art 1, Sec.1 Public Service
afford the services of legal counsel
o legal aid is not a matter of charity. It is a means for
2. The State shall guarantee free legal assistance to the poor the correction of social imbalances that may and
and ensure that every person who cannot afford the often do lead to injustice, from which reason it is a
services of a counsel is provided with a competent and Public Responsibility of Bar
independent counsel preferably of his/her own choice, if o spirit of public service should underlie legal aid
upon determination it appears that the party cannot afford services
the services of a counsel, and that services of a counsel
are necessary to secure the ends of justice and protect of
the party. Rule 2.02 – In such cases, even if the lawyer
SECTION 3: Definition of Terms: x x x does not accept a case, he shal l not refuse legal
advice to the person concerned if only to the
SECTION 4. Requirement for Availment:
1. Shall secure a certification from the PAO, the DOJ
extent necessary to safeguard the latter’s right
or accredited association of the SC indicating that o Even if a lawyer does not accept a case, he shall
the said legal services to be provided are within
not refuse to render legal advice to the person
the services defined by the SC, and that the

Page | 14
 concerned if only to the extent necessary to lawyers, who must subordinate their personal
safeguard the latter’s interest, such as advising interests or what they owe to themselves.
him what preliminary steps to take, until he shall
have secured the services of counsel

o A lawyer must refrain from giving legal advice if
the reason for not accepting the case is that he Publication in reputable law lists, in a manner consistent
labours under a conflict of interests between with the standards of conduct imposed by the canon, of
him and a prospective client or between a brief biographical and informative data is likewise
present client and a prospective client allowable.
* may include only a statement of the lawyer’s name and
the names of his professional associates; addresses,
Rule 2. 03 – A lawyer shall not do or permit to telephone numbers, cable addresses; branches of law
be done any act designed primarily to solicit practiced; date and place of birth and admission to the
legal business bar; schools attended with dates of graduation, degrees
and other educational distinctions; public or quasi-public
offices; posts of honor; legal authorships; legal teaching
positions; membership and offices in bar associations
Primary Characteristics with Distinguish the Legal and committees thereof, in legal and scientific societies
Profession from a Business and legal fraternities; the fact of listings in other reputable
law lists; the names and addresses of references; and,
1. A duty of public service, of which the emolument with their written consent, the names of clients regularly
is a by-product, and in which one may attain the represented.
highest eminence without making much money;
A SIMPLE Professional Card may contain:
2. A relation as an “officer of the court” to the  
Name of the lawyer
administration of justice involving thorough 
Name of the law firm which he
sincerity, integrity and reliability;  is connected with
  Address
3. A relation to clients in the highest degree of  Telephone number and special branch of law
fiduciary; practiced
*Fiduciary: One that is clothed with utmost The publication of a simple announcement of the
trust and confidence opening of a law firm or of changes in the partnership,
4. A relation to colleagues at the bar characterized associates, firm name or office address, being for the
convenience of the profession, is not objectionable.
by candor, fairness, and unwillingness to resort
to current business methods of advertising and
encroachment on their practice, or dealing Rule 2. 04 – A lawyer shall not charge rates
directly with their clients. lower than those customarily prescribed unless
the circumstances so warrant
Defenseless
- Those who are not in the position to defend - A violation of which will constitutes
themselves due to poverty, weakness, unethical practice of indirect
ignorance or other similar reasons solicitation of legal business
- What the rule prohibits is the competition
in the matter of charging professional
Oppressed fees for the purpose of attracting clients
- Those who are victims of acts of cruelty, in favor of the lawyer who offer lower
unlawful evasion, domination or excessive rates
use of authority

KHAN V. SIMBILLO
 Simbillo advertised himself as a self-styled
―Annulment of Marriage Specialist‖
 Simbillo is held liable for improper advertising and
solicitation
 Lawyering is not primarily meant to be a money-
making venture, and law advocacy is not a capital
that necessarily yields profits. The gaining of a
livelihood should be a secondary consideration.
 The duty to public service and to the administration
of justice should be the primary consideration of

Page | 15
 - The court ang gov’t buildings should always
have the perception of Neutrality

5. Publication of announcement of opening of law firm

or changes in partnership, associates, firm name,
or office address, being for the convenience of the
profession
- It must be published in general circulation

CANON 3: A lawyer in making known his legal 6. Advertisement in legal publication

services shall use only true, honest, fair,
Rule 3.02 – In the choice of a firm name, no
dignified and objective information or statement
false, misleading or assumed name shall be
of facts
used. The continued use of the name of a
deceased partner is permissible provided that
the firm indicated in all its communication that
Rule 3. 01 – A lawyer shall not use or permit the said partner is deceased
use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications DACANAY V. BAKER AND MCKENZIE
or legal services  Baker and McKenzie, being an alien law firm,
cannot practice law in the Philippines
 Respondents’ use of the firm name Baker &
McKenzie constitutes a representation that being
IN RE: TAGORDA associated with the firm they could “render legal
 During the election, Atty. Tagorda made services of the highest quality to multinational
use of a card written indicating that he is also business enterprise and other engaged in foreign
practicing law while he is campaigning trade and investment.”
 ―The practice of soliciting cases at law
for the purpose of gain, either personally or
through paid agents or brokers, constitutes Rule 3.03 – Where a partner accepts public
malpractice‖
 It becomes our duty to condemn in no uncertain
office, he shall withdraw from the frim and his
terms the ugly practice of solicitation of cases by name shall be dropped from the firm name
lawyers. It is destructive of the honor of a great unless the law allows him to practice law
profession. It lowers the standards of that concurrently
profession. It works against the confidence of the
community in the integrity of the members of the Applicable to ABSOLUTE and LIMITED PROHIBITION
bar. to practice law
 It results in needless litigation and in incenting to
strife otherwise peacefully inclined citizens.
SAMONTE V. GATDULA
 Atty. Gatdula engaged in the private practice of
law which is in conflict with his official functions a
ULEP V. THE LEGAL CLINIC Branch Clerk of Court
Forms of advertisement  He is absolutely prohibited to practice law
 The fact remains that his name is included
1. Simple calling card that contains the name of the therein which may therefore tend to show that he
firm/lawyer, address, and telephone number has dealings with said office.
 Thus, while he may not be actually and directly
2. Listing in a reputable law list containing the name employed with the firm, the fact that his name
of the firm/lawyer, address, telephone number, a appears on the calling card as a partner in the
brief background of the lawyers of the firm/lawyer Baligod, Gatdula, Tacardon, Dimailig & Celera
Law Offices give the impression that he is
3. Phonebook listing, but the information stated connected therein and may constitute an act of
therein CANNOT include the area of specialization solicitation and private practice which is declared
of the lawyer/firm unlawful under Republic Act No. 6713.
 The inclusion/retention of his name in the
4. Announcement as to the existence of a lawyer or professional card constitutes an act of solicitation
his law firm posted anywhere except court room which violates Section 7, sub-par. (b)(2) of
and government buildings Republic Act No. 6713, otherwise known as

Page | 16
 “Code of Conduct and Ethical Standards for • 4 hours – legal writing and oral advocacy
Public Officials and Employees” which declares • 2 hours – international law and international
it unlawful for a public official or employee to, conventions
among others: “(2) Engage in the private practice • 6 hours – subjects prescribed by the MCLE
of their profession unless authorized by the Committee
Constitution or law, provided that such practice
will not conflict or tend to conflict with official PERSONS EXEMPTED:
functions.” a. President and the Vice-President of the Philippines,
and the Secretaries and Undersecretaries of
Executive Departments

b. Senators and Members of the House of

Rule 3.04 – A lawyer shall not pay or give Representatives
anything of value to representatives of the mass
media in anticipation of, or in return for, publicity c. The Chief Justice and Associate Justices of the
to attract legal business Supreme Court, incumbent and retired members of
the judiciary, incumbent members of the Judicial Bar
Council (JBC) and incumbent court lawyers covered
CRUZ V. SALVA by the Philippine Judicial Academy (PJA) program of
 Salva was conducting Preliminary Investigation continuing judicial education
in connection to the killing of Monroy d. The Chief State Counsel, Chief State Prosecutor and
 He called the media for the Preliminary Assistant Secretaries of the Department of Justice
Investigation = TRIAL BY PUBLICITY
 The investigation was conducted not in the e. The Solicitor General and the Ass. Solicitors General
respondent’s office but in the session hall of the f. The Government Corporate Counsel, Deputy and
Municipal Court of Pasay City evidently to Ass. Government Corporate Counsel
accommodate the big crowd, including members
of the press g. The Chairman and Members of the Constitutional
 Giving wide publicity and sensationalism to Commission
investigation constitutes contempt of court
 Respondent capitalize in media mileage h. The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsman and the Special Prosecutor
of the Office of the Ombudsman
CANON 4: A lawyer shall participate in the i. Head of the government agencies exercising quasi -
judicial functions
development of the legal system by initiating or
supporting efforts in law reform and in the j. Incumbent deans, bar reviewers and professors of
improvement of the administration of justice law who have tea ching experience for at least 10
years on accredited law schools

CANON 5: A lawyer shall keep abreast of legal k. The Chancellor, Vice-Chancellor and members of the
developments, participate in continuing legal Corps of Professors and Professorial Lecturers of the
education Philippine Judicial Academy; and
l. Governors and Mayors

MANDATORY CONTINUING LEGAL EDUCATION

OTHER PARTIES EXEMPTED:
PURPOSE: to ensure that throughout their career, they a. Those who are not in law practice, private or public
keep abreast with law and jurisprudence, maintain the b. Those who have retired from law practice with the
ethics of the profession and enhance the standards of the approval of the IBP Board of Governors
practice of law

REQUIREMENTS: every members of the IBP not Application for exemption from or modification of the
exempted under Rules 7 shall complete every 3 years at MCLE requirement shall be under OATH and supported
least 36 hours of continuing legal education activities by DOCUMENTS.
approved by the MCLE Committee
Listing as delinquent member: a member who fails to
SUBJECTS: comply with the requirements after 60day period for
• 6 hours – legal ethics compliance has expired, shall be listed as a delinquent
• 4 hrs – trial and pre-trial skills member of the IBP upon the recommendation of the
• 5 hours – alternative dispute resolution MCLE Committee
• 9 hours – substantive and procedural laws

Page | 17
DULALIA, JR. v. CRUZ
 Cruz contracted a second marriage with Imelda
Soriano while his marriage with Carolina is still
subsisting
 ―Ignorance of the law excuses no one from
compliance therewith
 Lawyers are expected to be in the forefront in the
observance and maintenance of the rule of law
 Cruz violated Canon 5 of the Code of Professional
Responsibility

Page | 18