LEGAL BASIC ETHICS

11/10/14
Lawyers Oath
I do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I
will support its constitution and obey the laws as
well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I not
wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for
money or malice, and will conduct myself as a
lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to
the courts as to my clients; and I impose upon
myself this voluntary obligation without any
mental reservation or purpose of evasion. So
help me God.

11/17/14
1.)

Practice of Law

Legal Ethics
-Branch of moral science which treats of the
duties which an attorney owes to the COURT, to
his CLIENT, to his COLLEAGUES in the profession,
and to the PUBLIC, as embodied in the
Constitution, Rules of Court, the CPR, the CPE,
Jurisprudence, moral law and special law.
Significance of Legal Ethics
-guards against the abuses and ills of the
profession, such as dishonesty, deceit,
negligence, immorality and other forms of
malpractice.
-raises the standard of the legal profession
-encourages and enhances the respect for the
law
-assures an effective and efficient administration
of justice
-assists in the keeping and maintenance of law
and order

-provides basis for the weeding out of the unfit

and the misfit
Original Bases of Legal Ethics
-Canons of Professional Ethics
-Supreme Court Decisions
-Statues
-Constitution
-Rules of Court
-Treatises and Publications
Present Basis of Philippine Legal Ethics
-Code of Professional Responsibility
Definition of Terms
1.) Bar & Bench (Bar refers to the whole body of
attorneys and counsellors; collectively, the
members of the legal profession; they are
figuratively called the bar to distinguish them
from the bench, which terms denote the
whole body of judges. In the Philippines, it is
known as the Integrated Bar of the Philippines
where membership is mandatory)
2.) Bar Admission (Act by which one is licensed
to practice before courts of a particular state of
jurisdiction after satisfying certain requirements
such as bar examinations, period of residency or
admission on grounds of reciprocity after period
of years as member of bar of another
jurisdiction.)
3.) Lawyer/Titulo de Abodago/Counselor-atlaw/Attorney (This is the general term for a
person trained in the law and authorized to
advise or represent others in legal matters.)
-Trial Lawyer (A lawyer who personally handles
cases in court, administrative agencies or boards
which means engaging in actual trial work either
for the prosecution or for the defense of cases of
clients)
4.) Practising Lawyer (One engaged in the
practice of law.
5.) Pro Se (Self-representation)
6.) Client (One who engages the services of a
lawyer for legal advice or for purposes of
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LEGAL BASIC ETHICS

prosecuting or defending a suit in his behalf and
usually for a fee)
7.) Attorney-at-Law (That class of persons who
are by license, officers of the courts, empowered
to appear, prosecute and defend, and upon
whom peculiar duties, responsibilities and
liabilities are developed by law as a
consequence.)
8.) Attorney-in-Fact (It is simply an agent whose
authority is strictly limited by the instrument
appointing him, though he may do things not
mentioned in his appointment necessary to the
performance of the duties specifically required
of him by the power of attorney appointing him,
such authority being necessarily implied.
9.) Counsel De Oficio (A counsel, appointed or
assigned by the court, from among such
members of the bar in good standing who, by
reason of their experience and ability, may
adequately defend the accused.
10.) Attorney Ad Hoc (A person named and
appointed by the court to defend an absentee
defendant in the suit in which the appointment
is made.)
11.) Attorney of Record (Attorney whose name
must appear somewhere in permanent records
or files of case, or on the pleadings or some
instrument filed in the case, or on appearance
docket.)
12.) Of Counsel (To distinguish them from
attorneys of record, associate attorneys are
referred to as of counsel)
13.) Lead Counsel (The counsel on either side of
a litigated action who is charged with the
principal management and direction of partys
case, as distinguished from his juniors or
subordinates, is said to lead the cause, and is
termed the leading counsel on the side.
14.) House Counsel (Lawyer who acts as attorney
for business though carried as an employee of
that business and not as an independent lawyer.)
15.) Amicus Curiae (a friend of the court. A
person with strong interest in or views on the
subject matter of an action, but not a party to

the action, may petition the court for permission

to file a brief, ostensibly on behalf of a party but
actually to suggest a rationale consistent with its
own views.)
16.) Amicus Curiae Par Excellence (Bar
associations who appear in court as amici curiae
or friends of the court)
17.) Advocate (The general and popular name
for a lawyer who pleads on behalf of someone
else)
18.) Solicitor (A person prosecuting or defending
suits in Courts of Chancery. Courts of Chancery is
a court which administers equity and proceeding
according to the forms and principles of equity.)
19.) Assumpit (action of collection of attorneys
fees.
20.) Bar Association (An association of members
of the legal profession like the Integrated Bar of
the Philippines where membership is integrated
or compulsory.
21.) Integrated Bar of the Philippines (The
national organization of lawyers created on
January 16, 1973.)
Regulation of Practice
-Supreme Court
-Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice and procedure in all courts, the
admission to the practice of law, the integrated
bar, and legal assistance to the under-privileged.
Nature of the Power
-Judicial in nature
-Judicial discretion
Meaning of Practice of Law
-Any activity, in or out of court, which requires
the application of law, legal procedure,
knowledge, training and experience. Generally,
to practice law is to give advice or render any
kind of service which advice or service requires
the use in any degree of legal knowledge or sill.
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LEGAL BASIC ETHICS

(Cayetano vs. Monsod, G.R. No. 100113,
September 3, 1991).
Basic Characteristics of the Practice of Law
-Not a matter of right but a mere privilege
-Profession not a business
-Impressed with public interest
-Reserved only to those who are academically
trained in law and possessed of good moral
character.
Persons entitled to practice law
-persons admitted as members of the bar and
who are in good and regular standing (Sec. 1,
Rule 138, ROC)
Requirements for Admission to the Practice of
Law
1.) Citizen of the Philippines
2.) Residents of the Philippines at least 12 years
of age
3.) Of good moral character
4.) Produce before the SC satisfactory evidence
of good moral character
5.) No charges involving moral turpitude have
been filed or pending
6.) Complied with the academic requirements
7.) Pass the bar examinations
8.) Take the lawyers oath; and
9.) Sign the Roll of Attorneys
SC allowed Filipino graduates of foreign law
schools to take the Philippine Bar
Filipino citizen who are graduates of foreign law
schools are allowed to take the bar examinations
provided they show the ff:
1. Completion of all courses leading to the
degree of Bachelor of Laws or its
equivalent degree;
2. Recognition or accreditation of the law
school by the proper authority;

3. Completion of all the fourth year

subjects in a law school duly recognized
by the Philippine Government (SC Bar
Matter 1153: Re: Letter of Atty. Estelito
Mendoza (2010)]
Continuing Requirements for the Practice of
Law
1.) Good and regular standing
2.) Membership in the IBP
3.) Payment of IBP dues
4.) Payment of professional tax
5.) Compliance with the MCLE
6.) Possession of good moral character
Appearance of non-lawyers in court
-General Rule: Only those who are licensed to
practice law can appear and handle cases in
court except:
1. Before the MTC (Sec. 34, Rule 138, ROC)
2. Before any other court (lbid.)
3. In a criminal case before the MTC (Sec.
7, Rule 116, ROC)
4. Law Student Practice Rule (Rule 138-A,
ROC)
5. Before the NLRC (Art. 222, Labor Code)
6. Before a Cadastral Court
7. Before the DARAB
8. 8. Any official or person appointed or
designated in accordance with the law to
appear for the government or any of its
officials. (Sec. 33, Rule 138, ROC).
Practice of Law by the Public Officials
General Rule: The appointment or election of an
attorney to a government office disqualifies him
from engaging in the private practice of law.
Prohibition: i) absolutely prohibited; ii) not
absolutely prohibited.

LEGAL BASIC ETHICS

Absolutely Prohibited
-judges and other officials or employees of the
SC
-officials/employees of the SC
-Government prosecutors
-President, VP, Members of the Cabinet, their
deputies and assistants
-Chairman and members of the Constitutional
Commission
-Ombudsman and his deputies
-Governors, city and municipal mayor
-Civil service officers or employees whose duties
require them to devote their entire time at the
disposal of the government
-Those who are by special law are prohibited
from engaging in the practice of the legal
profession
Not Absolutely Prohibited
-Senators and Members of the House of
Representatives
-Members of the Sanggunian
-Retired Justice or Judge
-Civil service officers or employees whose duty
does not require their entire time to be at the
disposal of the government
Proceedings where lawyers are prohibited from
appearing

2.)
Code
Responsibility

of

Professional

History & Background of the Code of

Professional Responsibility
-Initially drafted in 1980 by the IBP Committee
on Responsibility, Discipline and Disbarment
-Promulgated on 21 June 1988 by the Supreme
Court
Code of Professional Responsibility
-Embodiment into one Code of the various
pertinent and subsisting rules, guidelines and
standards on the rule of conduct of lawyers
sourced from the Constitution, Rules of Court,
Canons of Professional Ethics, Statues, special
laws, treatises and decisions which must be
observed by all members of the Bar in the
exercise of their profession whether in or out of
court, as well as in their public and private lives.

3.) The Four-Fold Duties of a Lawyer

The Four-Fold Duties of a Lawyer
-Lawyers and Society Canons 1-6 CPR
-The Lawyer and Legal Profession Canons 7-9
CPR
-The Lawyer and the Courts Canons 10-13 CPR
-The Lawyer and the Client Canons 14-22 CPR

-In all katarungan pambarangay proceedings.

(RA 7160, Sec. 415; see also Magno v. Jacoba,
A.C. No. 6296, 22 November 2005)

11/24/14

-Small Claims Cases (Rules of Procedure of Small

Claims Cases)

4.) The Lawyer and Society

Sanctions for practice or appearance without

authority

Canon 1 Duty to Uphold the Constitution and

the Laws

-Contempt of court
-Criminal complaint for estafa
-Suspension or disbarment
-Administrative
complaint
government official

-Lawyers primary duty to society

-Also includes the duty to obey legal orders and
processes of the court
against

Chapter I

the

LEGAL BASIC ETHICS

The Lawyers Oath is a condensed Code of

Ethics
-a solemn affirmation of the lawyers lifetime
commitment to be: 1.) a loyal citizen; 2.) a lawabiding person; 3.) a defender of truth and
justice; 4.) an advocate of the rule of law; 5.) an
exemplar of loyalty and fidelity to the courts and
to clients; and 6.) a model to emulate both in his
professional and private life.
-by swearing the lawyers oath, an attorney
becomes a guardian of truth and the rule of law,
and an indispensable instrument in the fair and
impartial administrations of justice.
Lawyers Oath: Condensed Code of Ethics
Canon 1; Rule 1.01; Rule 1.02
-I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and
obey the laws as well as the legal orders of the
duly constituted authorizes therein.
Rule 1.01: Rule 7.01; Canon 10; Rule 10.01; Rule
10.02; Rule 12.06; Rule 15.05; Rule 19.01
-I will do no falsehood, nor consent to the doing
of any in court
Rule 1.03; Rule 1.04; Canon 10; Rule 10.01; Rule
10.02; Rule 10.3; Canon 12; Rule 12.01; Rule
12.02; Rule 12.03; Rule 12.04; Rule 15.05; Canon
19
-I will not wittingly nor willingly promoted or sue
any groundless, false or unlawful suit, or give aid
nor consent to the same
Rule 1.01; Rule 1.03; Rule 1.04; Canon 12; Rule
12.01; Rule 12.02; Rule 12.03; Rule 12.04; Rule
14.04; Canon 18; Rule 18.02; Rule 18.03; Rule
18.04; Canon 19; Rule 20.03; Rule 20.04
-I will delay no man for money or malice
Canon 2; Canon 7; Canon 8; Canon 10; Canon 11;
Rule 1.01; Rule 11.02; Rule 11.03; Rule 11.04;

Rule 11.05; Canon 12; Canon 13; Canon 15; Rule

15.01; Rule 15.02; Rule 15.03; Canon 16; Rule
16.01; Rule 16.02; Rule 16.03; Rule 16.04; Canon
17; Canon 18; Rule 18.02; Rule 18.03; Rule 18.04;
Canon 19; Rule 19.01; Rule 19.02; Canon 21;
Canon 22
-I will not conduct myself as a lawyer according
to the best of my knowledge and discretion, with
all good fidelity as well to the court as to my
clients
Duties of an Attorney (Sec. 20, Rule 138, Rules
of Court)
-To maintain allegiance to the Republic of the
Philippines and to support the Constitution and
obey the laws of the Philippines;
-To observe and maintain the respect due to the
courts of justice and judicial officers;
-To counsel or maintain such actions or
proceedings only as appearing to him to be just,
and such defenses only as he believes to be
honestly debatable under the law;
-To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek
to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
-To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets of
his client, and to accept no compensation in
connection with his clients business except from
him or with his knowledge and approval;
-To abstain from all offensive personality and to
advance no fact prejudicial to the honor or
reputation of a party or witness, unless required
by the justice of the cause with which he is
charged;
-Not to encourage either the commencement or
the continuance of an action or proceeding, or

LEGAL BASIC ETHICS

delay any mans cause, from any corrupt motive
or interest;
-Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed;
-In the defense of a person accused of crime, by
all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused,
to present every defense that the law permits, to
the end that no person may be deprived of life
or liberty, but by due process of law.
Canon 1 Duty to Uphold the Constitution and
the Laws
Rule 1.01 Duty not to engage in unlawful,
dishonest, immoral or deceitful conduct
Rule 1.02 Duty not to counsel illegal activities
Rule 1.03 Duty not to encourage lawsuits; duty
not to delay any mans cause
Rule 1.04
settlement

Duty

to

encourage

amicable

Rule 1.01 Duty not to engage in unlawful,

dishonest, immoral or deceitful conduct
Unlawful conduct-transgression of any provision
of law, need not be penal law.
Dishonest act- act of lying or cheating
Grossly immoral or deceitful conduct-a conduct
which is willful, fragrant, or shameless, and
which shows a moral indifference to the opinion
of the good and respectable members of the
community; involves moral turpitude
Moral turpitude-an act of baseness, vileness or
depravity in the duties which one person owes
to another or to society in general which is
contrary to the usually accepted and customary
rule of right and duty which a person should
follow.
Examples of crimes involving moral turpitude

1.
2.
3.
4.
5.
6.
7.
8.
9.

Estafa
Bribery
Murder
Seduction
Abduction
Concubinage
Smuggling
Falsification of public document
Violation of B.P. 22

Instances
of
Corresponding
Consequences

Gross

Immorality
and
Penalty/Resulting

1. Abandonment of wife and cohabiting

with another woman. DISBARRED
2. Bigamy perpetrated by the lawyer.
DISBARRED
3. A lawyer who had carnal knowledge with
a woman through a promise of marriage
which he did not fulfill. DISBARRED
4. Seduction of a woman who is the niece
of a married woman with whom the
respondent lawyer had adulterous
relations. DISBARRED
5. Lawyer arranging the marriage of his son
to a woman with whom the lawyer had
illicit relations. After the marriage of the
woman to his son, the lawyer continued
his adulterous relations with her.
DISBARRED
6. Lawyer inveigling a woman into
believing that they had been married
civilly to satisfy his carnal desires.
DISBARRED
7. Lawyer taking advantage of his position
as chairman of the college of medicine
and asked a lady student to go with in
Manila where he had carnal knowledge
of her under threat that if she refused,
she would flunk in all her subjects.
DISBARRED
8. Concubinage coupled with failure to
support
illegitimate
children.
SUSPENDED INDEFINITELY
6

LEGAL BASIC ETHICS

9. Maintaining adulterous relationship
with a married woman. SUSPENDED
INDEFINITELY
10. Delivering bribe money to a judge on
request of clients. STERNLY WARNED
11. Seducing a woman through promise of
marriage by a married lawyer.
DISBARRED
Rule 1.02 Duty not to counsel illegal activities
-Duty to be performed within the bounds of the
law
-Model in the community insofar as respect for
law is concerned
Rule 1.03 Duty not to encourage lawsuits; duty
not to delay any mans cause
-The lawyer owes it to the society and to the
court the duty not to stir up litigation
The reason for the rule: to prevent BARRATRY
and AMBULANCE CHASING
Barratry - act of fomenting suits among
individuals and offering his legal services to one
of them for monetary motives of purpose.
Ambulance chasing act of chasing (figuratively
speaking) an ambulance carrying the victim of an
accident for the purpose of talking to the said
victim or relatives and offering his legal services
for the filing of a case against the person who
cause the accident.
Evils Spawned by Ambulance Chasing
-Fomenting of litigation with resulting burdens
on the courts and the public.
-Subornation of perjury
-Mulcting of innocent persons by judgments
upon manufactured causes of actions.
-Defrauding of injured persons having proper
causes of action but ignorant of legal rights and
court procedure by means of contracts which

retain exorbitant percentages of recovery and

illegal charges for court costs and expenses and
by settlement made for quick returns of fees and
against the just rights of the injured persons.
Rule 1.04
settlement

Duty to encourage amicable

-Whenever the controversy will admit of fair

judgment, the client should be advised to avoid
or to end the litigation. (to avoid litigation
expenses and to help courts in the declogging of
cases)
-A lawyer cannot compromise case without
clients consent. (Sec. 23, Rule 138, Rules of
Court)
-Effect of compromise without clients
authority/consent: unenforceable, meaning be
ratified by the client if he/she so desires.

12/1/14
Canon 2 Duty to be an Efficient Lawyer
Rule 2.01 Duty not to reject the cause of
defenseless or oppressed
Rule 2.02 Duty not to refuse to render legal
advice to the defenseless or oppressed
Rule 2.03 Duty not to do or permit to be done
any act to solicit legal business
Rule 2.04 Duty not to charge rates lower than
those customarily prescribed
Rule 2.01 Duty not to reject the cause of the
defenseless or oppressed
Oppressed the victims of cruelty, unlawful
exaction domination or excessive use of
authority
Defenseless those who are not in a position to
defend themselves due to poverty, weakness,
ignorance or other similar reasons.

LEGAL BASIC ETHICS

-Rationale: It is the lawyers prime duty to see to
it that justice is accorded to all without
discrimination.
Legal Aid is a matter of Public Responsibility
-It is means for the correction of social imbalance
that may and often do lead to injustice.
Rule 2.02 Duty not to refuse to render legal
advice to the defenseless or oppressed
-If only to the extent necessary to safeguard the
latters right
-Advice may be on what preliminary steps to
take until the client has secured the services of
counsel. But he shall refrain from giving legal
advice if the reason for not accepting the case is
that there involves a conflict of interest between
him and the prospective client or between a
present client and a prospective client.
Rule 2.03 Duty not to do or permit to be done
any act to solicit legal business
Reasons for the Prohibition:
-The profession is primarily for public service.
-Commercializes the profession.
-Involves self-praise and puffing.
-Damages public confidence.
-May increase lawsuits and result in needless
litigation.
Solicitation of Legal Business, When Permissible
-must be compatible with the dignity of the legal
profession
-use of simple signs stating the name of the
lawyer, use of professional cards bearing the
name of the lawyer, his office/law firm
connected, address, telephone number, special
branch of law practiced.
-Advertisements in legal periodicals

Primary Characteristics when distinguishes the

legal profession from business
1. A duty of public service, of which the
emolument is a by-product, and in which
one may attain the highest eminence
without making much money.
2. A relation as an officer of court to the
administration of justice involving
sincerity, integrity, and reliability.
3. A relation to clients in the highest
degree of fiduciary.
4. A relation to colleagues 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.
Best Advertisement for a Lawyer
-A well-deserved reputation for competence,
honesty and fidelity to private trust and public
duty.
-By his honesty, he gains public confidence and
this public confidence is his greatest
advertisement.
Rule 2.04 Duty not to charge rates lower than
those customarily prescribed
Rationale: To avoid any demeaning and
degrading competition
Exceptions: i) relatives; ii) indigents/poor
Note: Rule 20.01 the customary charges for
similar services and the schedule of fees of the
IBP Chapter to which he belongs.
Canon 3 Duty of Honest and Dignified
Pronouncement of Legal Service
Rule 3.01 Duty not to use or permit use of selfpraises or false claims on qualifications or quality
of legal services

-Publication in reputable law lists

LEGAL BASIC ETHICS

Rule 3.02 Duty not to use false, misleading or
assumed name for a firm name

consultation, and is willing to help and serve the

poor.)

Rule 3.03 Duty to withdraw from the firm when

accepts public office

Director of Religious Affairs v. Bayot, 74 Phil.

579

Rule 3.04 Duty not to seek publicity

Marriage license promptly secured thru our

assistance & the annoyance of delay or publicity
avoided if desires, and marriage arranged to
wishes of parties. Consultation on any matter
free for the poor. Everything Confidential.

Rule 3.01 Duty not to use or permit use of selfpraises or false claims on qualifications or
quality of legal services
-Use true, honest, fair, dignified and objective
information
-The unethical act may be done by the lawyer
personally or through another with his
permission
Reasons for the Prohibition
-The profession is primarily for public service
-Commercializes the profession
-Involves self-praise and puffing
-Damages public confidence

Legal assistance service

12 Escolta, Manila, Room 105, Tel. 2-41-60
Linsangan v. Atty. Tolentino, A.C. No. 6672
NICOMEDES TOLENTINO
LAW SERVICE
CONSULTANCY & MARITIME SERVICES W/
FINANCIAL ASSISTANCE

LUIS B. TAGORDA

Rule 3.02 Duty not to use false, misleading or

assumed name for a firm name
-No name not belonging to any of the partners
or associates may be used in the firm name for
any purpose
-A lawyer is not authorized to use in his practice
of law a name other than the one inscribed in the
Roll of Attorneys.

Attorney

Use of a deceased partners name

Notary Public

-Allowed
-Reason: all of the partners, by their join efforts,
contributed to the goodwill attached to the firm
name.
-Use of a cross after the name of the deceased
partner

-May increase lawsuits and result in needless

litigation
In Re: Tagorda, 53 Phil. 42

CANDIDATE FOR THIRD MEMBER

Province of Isabela
(NOTE As notary public, he can execute for you
a deed of sale for the purchase of land as
required by the cadastral office, can renew lost
documents of your animals, can make your
application and final requisites for your
homestead; and can execute any kind of
affidavit. As a lawyer, he can help you collect
your loans although long overdue, as well as any
complaint for or against you. Come or write to
him in his town, Echague, Isabela. He offers free

Use of a foreign law firms name

-Unethical
-Reason: Foreign firm is not authorized to
practice law in the country.

LEGAL BASIC ETHICS

Rule 3.03 Duty to withdraw from the firm
when lawyer accepts public office
-Rationale: to prevent the law firm or partners
from making use of the name of the public
official to attract legal business and to avoid
suspicion of undue influence.
Rule 3.04 Duty not to seek publicity
-Rationale: To prevent some lawyers from
gaining an unfair advantage over others thru the
use of gimmickry, press agentry, or other
artificial means.
-If competitive advertising is allowed, this may
lead to self-laudations, encourage lawyers to
engage
in
overreaching,
overcharging,
underrepresentation and misrepresentation.

5.) Mandatory Continuing Legal

Education (MCLE) B.M. No. 850.
August 22, 2000.
Who are required to comply with the MCLE
requirement?
-MCLE is required of members of the Integrated
Bar of the Philippines (IBP), unless exempted.
What is the purpose of MCLE?
-To ensure that throughout their career, (1)
lawyers keep abreast with law and
jurisprudence, (2) maintain the ethics of the
profession, and (3) enhance the standards of the
practice of law (Section 1, Rule 1)

Canon 4 Duty not to support the improvement

of the legal system

What is the requirement of completion of

MCLE?

-Lawyers as officers of the court must assist in

the administration of justice.

-Members of the IBP shall complete, every 3

years, at least 36 hours of continuing legal
education activities (Section 2, Rule 2).

Canon 5 Duty to keep abreast of legal

developments.

-Lawyers must update themselves with the law

and must participate in the dissemination
thereof
-Judges must also keep abreast of the laws,
rulings and doctrines of the Supreme Court.
Three-fold obligation ofa lawyer concerning the
requirement of continuing legal education
First, he owes to it himself to continue improving
his knowledge of the law
Second, he owes it to his profession to take an
active interest in the maintenance of high
standards of legal education
Third, he owes it to the lay public to make the
law a part of their social consciousness.

Who are exempted? Section 1, Rule 7: Parties

exempted from the MCLE
1. President, VP, the Secretaries &
Undersecretaries
of
executive
departments
2. Senators and Members of the House of
Representatives
3. The Chief Justice and Associate Justices
of the Supreme Court, incumbent and
retired members of the judiciary,
incumbent
members
the
JBC,
incumbents members of the MCLE
Committee, incumbent court lawyers
who have availed of the PhilJA program
of continuing legal education
4. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of
the DOJ
10

LEGAL BASIC ETHICS

5. The Solicitor General and the Assistant
Solicitor General
6. The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Counsel
7. The Chairmen and Members of the
Constitutional Commission
8. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office
of Ombudsman
9. Heads of the government agencies
exercising quasi-judicial functions
10. Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least 10 years in
accredite law school
11. The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professional Lectures of the PhilJA
12. Governors and Mayors

Section 1, Rule 12: What constitutes noncompliance:

a.) Failure to complete the education
requirement within the compliance
period.
b.) Failure to provide attestation of
compliance or exemption.
c.) Failure to provide satisfactory evidence
of compliance (including evidence of
exempt status) within the prescribed
period.
d.) Failure to satisfy the education
requirement and furnish evidence of
such compliance within 60 days from
receipt of a non-compliance notice.
e.) Failure to pay non-compliance fee within
the prescribed period.
f.) Any other act or ommission analogous to
any of the foregoing or intended to
circumvent or evade compliance with
the MCLE requirements.

Section 2, Rule 7: Other parties exempted from

the MCLE

Rule 13: Consequences of Non-Compliance

-Those who are not in law practice, private or

public;

Section 1. Non-Compliance Fee

Section 2. Listing as Deliquent Member
Section 3. Accrual of Membership fee

-Those who have retired from law practice wit

the approval of the IBP Board of Governors.
Section 3, Rule 7: Good cause for exemption or
modification of requirement
-A member may file a verified request setting
forth good cause for exemption from compliance
with or modiciation of any of the requirements,
including an extension of time for compliance, in
accordance with the procedure to be established
by the MCLE Committee.
Section 5, Rule 7: Proof of Exemption
-Applications for exemption from or modication
of the MCLE requirement shall be under oath
and supported by documents.

B.M. No. 1922 (3 June 2008) Re. Number and

Date
of
MCLE
Certificate
of
Completion/Exemption Required in all
Pleadings/Motions.
-As of January 1, 2009, all lawyers are required
to indicate in all pleadings filed before the courts
or quasi-judicial bodies the NUMBER & the DATE
OF ISSUE of their MCLE Certificate of Compliance
or Certificate of Exemption for the immediately
preceding compliance period.
(Failure to disclose the required information
would cause the dismissal of the case and the
expunction of the pleadings from the results)

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LEGAL BASIC ETHICS

What is the rule on new bar passers?
-MCLE Governing Board Order No. 1, s. 2008,
provides:
lawyers who pass the Bar when only four (4)
months or less remain of the compliance period,
are exempted from complying with the MCLE
requirement for the said compliance period.
They shall comply with the MCLE requirements
for the next compliance period. However,
lawyers who are admitted to the BAR either one
(1) year after the start of the current compliance
period, or two (2) years after the start of the said
compliance period, are required to comply with
the MCLE requirements in accordance with the
MCLE Governing Board resolution dated October
20, 2004.
What are the MCLE Compliance Periods?

1st Compliance Period: April 15, 2001 up

to April 14, 2004.
2nd Compliance Period: April 15, 2004 up
to April 14, 2007.
3rd Compliance Period: April 15, 2007 up
to April 14, 2010.
4th Compliance Period: April 15, 2010 up
to April 14, 2013.
5th Compliance Period: April 15, 2013 up
to April 14, 2016.

4.) Continuation for the Lawyer and

Society
Canon 6 The Canons apply to lawyers in
government service
Rule 6.01 Duty to see to it that justice is done
Rule 6.02 Duty not to use his public position to
promote or advance private interest

Canon 6 makes the Code applicable to lawyers

in government service
-Rationale: A lawyer does not shed his
professional obligations upon his assuming
public office.
Misconduct in the Discharge of Official Duties as
Government Official
-Rule: may not be disciplined as a member of the
Bar for the misconduct in the discharge of his
official duties
-Exception: If the misconduct of a government
official is of such a character as to affect his
qualification as a lawyeror to show moral
deliquency.
Code of Conduct and Ethical Standards (R.A.
6713)
-All public officials and employees, whether
lawyers of non-lawyers are governed by this
Code.
-Provides the standards of personal conduct in
the discharge and execution of official duties.
Rule 6.01 Duty to see to it that jsutice is done
-Public Prosecutor a quasi-judicial officer and
as such, he should seek equal and impartial
justice. He should be concerned with seeing that
no innocent man suffers as in seeing that no
guilty man escapes.
-Public Prosecure is under no complusion to file
a particular criminal information where he is not
convinced that he has evidence to prop up the
averments thereof, or that the evidence at hand
points to a different conclusion. (People v.
Pineda, 20 SCRA 748 [1967])

Rule 6.03 Restrictions against government

lawyers who left the service

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LEGAL BASIC ETHICS

Rule 6.02 Duty not to use his public position
to promote or advance private interest
-Applies to: (1) lawyers in a government service
allowed by law to engage in private practice
concurently; and (2) those who, though
prohibted from engaging in the practice of law,
have friends, former associates and relatives
who are in the practice of law.
-Promotion of private interest includes soliciting
gifts or anything of monetary value in any
transaction requiring the approval of his office
or which may be affected by the functions of his
office.
Rule 6.03 Restrictions against government
lawyers who left the service
-Rationale: To avoid conflict of interst, to
preclude the lawyer from using secrets or
information learned in his official capacity, or to
prevent the appearance of impropriety
-Violation of Restriction: Tantamount
representing conflicting interests.

enterprise regulated, supervised or licensed by

their office / unless expressly allowed by law;
2.) Engage in the private practice of their
profession unless authorized by the Constitution
or law, provided that such practice will not
conflict or tend to conflict with their official
functions, or
3.) Recommend any person to any position in a
private enterprise which has a regular or pending
official transaction with thieir office.
(These prohibitions shall continue to apply for a
period of 1 year after resignation, retirement or
separation from public office, except in case of
subparagraph (2) above, but the professional
concerned cannot practice his profession in
connection with any manner before the office he
used to be with, in which case the one year
prohibition shall likewise apply.
RA 910 Sec. 1 (condition of pension) (An Act to
Provide for the Retirement of Justices), as
amended by RA 9946

to

RA 3019, Sec. 3(d) (Anti-Graft and Corrupt

Practices Act)
-Accepting or having any member of his family
accept employing in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
RA 6713, Sec. 7(b) (Code of Conduct and Ethical
Standards)
-(b) Outside employment and other activities
related thereto. Public officials and employees
during their incumbency shall not
1.) Own, control, manage or accept employment
as officer employee, consultant, counsel, broker,
agent, trustee or nominee / in any private

-No retiring justice or judge during the time that

he is receiving said pension shall appear as
counsel in any court in any civil case wherein the
government or any of its subdivision or
instrumentality is an adverse party, or in a
criminal case wherein an officer or employee of
the government is accused of an offense related
to his official function, or collect any fee for his
appearance in any administrative proceedings to
maintain an interst adverse to the government.

12/15/14
Chapter II
6.) The Lawyer and the Legal
Profession
Canon 7 A lawyer shall at all times uphold the
integrity and dignity of the legal profession, and
support the activities of the Integrated Bar.
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LEGAL BASIC ETHICS

Rule 7.01 A lawyer shall be answerable for
knowingly making false statement or
suppressing a material fact, in connection with
his application for admission to the bar.
Rule 7.02 A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
respect to character, education, or other
relevant attribute.

-Concealment will be taken against him. It is the

fact of concealment and not the commission of
the crime itself that makes him morally unfit to
become a lawyer.
-When he made concealment, he perpetrated
perjury.
-As to what crime involves moral turpitude, is for
the Supreme Court to determine.
(See: Testimonial of Good Moral Character)

Rule 7.03 A lawyer shall not engage in conduct

that adversely reflectes on his fitness to practice
law, nor should he, whether in public or private
life, behave in a scandalous manner to the
discredit of the legal profession.
Rule 7.01 Duty not to make false statements
or suppress a material fact in connection with
application for admission to the bar
-A lawyer is expected to be honest from the
moment he applies for admission to the bar.
However, the falsity referred to in this Canon
must be knowingly done.
Consequences of knowingly making a false
statement or suppression of material fact in the
application for admission to the Bar
-If discovered BEFORE the candidate could take
the bar exams denied permission to take the
bar exams.
-If discovered AFTER the candidate had passed
the exams but BEFORE having taken his oath
not allowed to take the lawyers oath.
-If discovered AFTER the candidate had taken his
oath his name will be stricken from the Roll of
Attorneys.
What is the effect if what is concealed is a crime
not involving moral turpitude?

Rule 7.03 Duty not to engage in conduct

adverely affecting the legal profession
-There is no distinction as to whether the
transgression is committed in the lawyers
professional capacity or in his private life or in his
private transaction because a lawyer may not
divide his personality so as to be an attorney at
one time and a mere citizen at another.
-The conduct of nobility and uprightness should
stay with him whether in his public or private life.
Canon 8 Duty of Professional Courtesy
Rule 8.01 Duty not to use abusive and improper
language.
Rule 8.02 Duty not to encroach upon the
professional employment of another lawyer.
Rule 8.01 Duty not to use abusive and
improper language
-To maintain the dignity of the legal profession,
lawyers must conduct themselves honorably,
fairly and candidly toward each other. Respect
generates respect.
-Lawyers hould treat each other with courtesy,
fairness, candor and civility.

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LEGAL BASIC ETHICS

*Any kind of language which attacks without
foundation the integrity of the opposing counsel
or the dignity of the court may be strikcen off the
records or may subject a lawyer to disciplinary
action.

-Rule 9.02 Duty not to divide legal fees with

non-lawyers

*The lawyers arguments, whether written or

oral, should be gracious to both the court and
the opposing counsel and be of such words as
may be properly addressed by one gentleman to
another.

-It is grounded in the need of the public for

integrity and competence of those who
undertake to render legal services. Because of
the fiduciary and personal character of the
lawyer-client relationship and the inherently
complex nature of our legal system, the public
can better be assured of the requisite
responsibility and competence if the practice of
law is confirmed to those who are subject to the
requirements and regulations imposed upon
members of the legal profession.

*Lack or want of intention is no excuse for the

disrespectful language employed. Counsel
cannot escape responsibility by claiming that his
words did not mean what any reader must have
understood them as meaning. At best, it
extenuates liability.
Rule 8.02 Duty not to encroach upon the
professional employment of another lawyer
-A lawyer should not steal the other lawyers
client nor induce the latter to retain him by
promise of better service, good result or reduced
fees for his ervices. Neither should he disparage
another, make comparisons or publicize his
talent as a means to further his law practice.
TAKE NOTE:
*No encroachment when previous lawyer was
already dismissed.
*Lawyer shall not negotiate with the opposite
party who is represented by counsel.
*Lawyer may interview any witness or
prospective witness for the opposing side.
*It is but proper to give advice and assitance to
victims of unfaithful and neglectful counsel.
Canon 9 Duty to Shun Unauthorized Practice
of Law
-Rule 9.01 Duty not to delegate legal work to
unqualified persons

What is the rationale for the prohibition against

the practice of law by a layman?

Rule 9.01 Duty not to delegate legal work to

unqualified persons
-Public policy requires that practice of law be
limited only to those individuals found duly
qualified in education and character.
-Rationale: To protect the public, the court, the
client and the bar from the incompetence or
dishonesty of those unlicensed to practice law
and not subject to the disciplinary control of the
court.
*Assuming to be an attorney or an officer of a
court, and acting as such without authority =
indirect contempt = fine, or imprisonment, or
both. (Sections 3 & 7, Rule 71, Rules of Court)
*Corruptly or willfully appearing as an attorney
for a party to a case without authority to do so =
suspension or disbarment (Section 27, Rule 138,
Rules of Court)
Delegation of legal work to an unqualified
person is misbehavior.

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LEGAL BASIC ETHICS

Unqualified person not limited to non-lawyers
but also to lawyers who are suspended or
disbarred or whose authority to practice has
been withdrawn due to change in citizenship or
allegiance to the country.
Rule 9.02 Duty not to divide legal fees with
non-lawyers
-General Rule: Non-lawyers are not entitled to
attorneys fees.
-Rationale: If attorneys fees were allowed to
non-lawyers, it would leave the public in
hopeless confusion as to whom to consult in case
of necessity and also to leave the bar in a chaotic
condition, aside from the fact that non-lawyers
are not amenable to disciplinary measures.
Exceptions to the Rules
1. When there is a pre-existing agreement
with a partner or associate that, upon
the latters death, money shall be paid
over a reasonable period of time to his
estate or to persons specified in the
agreement; or
2. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer, or
3. Wheere 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
arrangement.
Note 1 - compensation for services rendered by
the deceased lawyer.
Note 2 - the person who undertakes a lawyer.
Note 3 - not the division of fees but a pension
representing additional deferred wages to the
employees past services.

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