LEGAL ETHICS

Introduction
The historical lineage of Rule 6.03 of the Code of
Professional Responsibility is instructive.1 Thus, the
history, growth and development of legal ethics in
England and other parts of Europe as well as in
America are recorded as narrated hereunder.
In England and other parts of Europe, ethical
standards for lawyers were pervasive in the postmedieval era. The main concern of these standards
was directed towards the litigation conduct of
lawyers, underscoring the central duty of truth and
fairness in litigation as superior to any obligation to
the client.
On the other hand, the forms of lawyer regulation
in the early post-revolutionary America have no
marked difference with those in England and other
parts of Europe. Only three of the traditional core
duties can be fairly characterized as pervasive in the
formal, positive law of the post-revolutionary period:
the duties of litigation fairness, competency and
reasonable fees.
Toward the end of the nineteenth century, a new
form of ethical standards began to guide lawyers in
their practice: the bar associations code of legal
ethics. The bar codes were detailed ethical standards
serving as guide for lawyers.

In the Philippines, the Canons of Professional

Ethics, based on the American version, was adopted
in 1917 upon recommendation of the Philippine Bar
Association. These Canons served as the ethical
compass of lawyers in the Philippines for seven
decades. On June 21, 1988, the Philippine Supreme
Court promulgated the Code of Professional
Responsibility which became the principal source of
ethical rules for lawyers in this jurisdiction.
Significantly, the Code of Professional Responsibility
is not only a significant contribution of the Supreme
Court in the growth, development and improvement
of legal education but also a significant milestone
towards the growth, development and improvement
of legal ethics in the Philippines.

Definition
Legal Ethics is defined as that branch of moral
science which treats of the duties which a member of
the legal profession owes to the public, to the court,
to his professional brethren, and to his client.2

Nature and scope of legal ethics

As a member of the legal profession, the lawyer is
burdened with duties and responsibilities. First and
foremost, a lawyer is an officer of the court. He is
part of the machinery for the administration of
justice.3
2 Blacks Law Dictionary 894 (6th ed.).

1 See Andrews, Standards of Conduct for lawyers: An 800year Revolution, 57 SMU I. Rev. 1385 (2004)

3 Fudot v. Cattleya Land, Inc. 570 SCRA 86 (2008)

As a vanguard of our legal system, the lawyer is

expected to maintain not only legal proficiency but
also a high standard of morality, honesty, integrity
and fair dealing. In so doing, the peoples faith and
confidence in the judicial and legal system is
ensured. 4 He must at all times faithfully perform his
duties to society, to the bar, to the courts and to
their clients. (Ibid.) membership in the legal
profession is a privilege and it demands a high
degree of good moral character, not only as a
condition precedent top admission, but also as a
continuing requirement for the practice of law. (Ibid.)
Hence, at all times a lawyer is bound by ethical
principles in his public and private life.5
The rules which govern the ethical behaviour of a
lawyer are as follows:
1.
2.
3.
4.
5.
6.
7.

The Philippine Constitution (Sec. 5, Art. VIII);

The Rules of Court (Rules 137-139 A and B);
The Civil Code;
Special Statutes;
The Code of Professional Responsibility;
The New Code of Judicial Conduct; and
Supreme Court decisions.

Included in No. 6 are the Canons of Judicial Ethics

adopted in 1936 with the birth of the Philippine
republic and the 1989 Code of Judicial Conduct
inspired by the American Bar Association s Code of
Judicial Conduct. On the other hand, included in No. 7
are Supreme Court orders and circulars which must
be followed by all members of the legal profession.

The legal profession is a necessity in a democratic

country like the Philippines. In our jurisdiction, the
rights of individuals are determined in accordance
with laws and established principles. For an orderly
administration of justice, persons knowledgeable in
substantive and procedural law must handle cases in
court. Although an ordinary layman has the right to
defend his case in court of law or tribunal, he is not
knowledgeable in law and procedure and may be
taken advantage of by his adversary who is a lawyer.
Thus, courts ordinarily advise a litigant to engage the
services of an experienced practicing lawyer.

The Legal Profession is not a trade or

business
Time and again, lawyers are reminded that the
practice of law is a profession and not a business.
Lawyers should not advertise their talents as
merchants advertise their wares. 6
In our jurisdiction, lawyers are prohibited from
soliciting cases for the purpose of gain, either
professionally or through paid agents or brokers, an
actuation which constitutes malpractice, a ground for
disbarment. (Ibid.)
Ambulance chasing is likewise abhorred in our
jurisdiction. Ambulance chasing is the solicitation of
almost any kind of legal business by an attorney,
personally or through an agent, in order to gain
employment. (Ibid.)

4 Yu. V. Palana, 558 SCRA 21 (2008)

Further, a lawyer should not steal another

lawyers client nor induce the latter to retain him by

5 Mangahas v. Court of Appeals, 566 SCRA 373 (2008)

6 Linsangan v. Tolentino, 598 SCRA 133 (2009)

a promise of better service, good result or reduced

fees for his services. (Id. at 140)
At this juncture, the provisions of the Canons of
Professional Ethics are instructive, viz:
27. Advertising, direct or indirect.
It is unprofessional to solicit professional
employment by circular, advertisement, through
touters, or by personal communications or interview
not warranted by personal relations. Indirect
advertisements for professional such as furnishing or
inspiring newspaper comments, or procuring his
photograph to be published in connection with
causes in which the lawyer has been or is engaged or
concerning the manner of their conduct, the
magnitude of the interest involved, the importance of
the lawyers position, and all other like-laudation,
offend the traditions and lower the tone of our
profession and are reprehensible, but the customary
use of simple professional cards is not improper.
Publication in reputable law lists in an manner
consistent with the standards of conduct imposed by
those canons of brief biographical and informative
date is permissible. Such data must not be
misleading and may include only a statement of the
lawyers name and names of his professional
associates; addresses, telephone numbers, cable
addresses; branches of the profession practiced; date
and place of birth and admission to the bar; schools
attended; with dates of graduation, degrees and
other educational distinctions; public or quasi-public
offices; posts of honor; legal authorship; legal
teaching positions; memberships and offices in bar
associations and committees thereof, in legal and
scientific societies and legal fraternities; the fact of

references; and, with their written consent, the

names of clients regularly represented. A certificate
of compliance with the Rules and Standards issued
by the Special Committee on Law Lists may be
treated as evidence that such list is reputable.
28. Stirring up litigation, directly or through
agents.
It is unprofessional for a lawyer to volunteer
advice to bring a lawsuit, except in rare cases where
ties of blood, relationship or trust make it his duty to
do so. Stirring up strife and litigation is not only
unprofessional, but it is indictable at common law. It
is disreputable to hunt up defects in titles or other
causes of action and inform thereof in order to be
employed to bring suit or collect judgment, or to
breed litigation by seeking out those with claims of
personal injuries or those having any other grounds
of action in order to secure them as clients, or to
employ agents or runners for like purposes, or to pay
or reward, directly and indirectly, those who bring or
influence the bringing of such cases to his office, or
to remunerate policemen, court or prison officials,
physicians, hospital attaches or other who may
succeed under the guise of giving disinherited
friendly advice, in influencing the criminal, the sick
and the injured, the ignorant or others, to seek his
professional services. A duty to the public and to the
profession devolves upon every member of the bar
having knowledge of such practices upon the part of
any practitioner immediately to inform thereof, to the
end that the offender may be disbarred.
Simply put, the legal profession is devoted to
public service. It is not a trade or business where
profit is the main motive. Legal services are limited
to those who are trained and are proficient in

substantive and procedural law. Lawyers are

prohibited from advertising or soliciting cases as it
will degrade the profession.

Who may practice law?

Any person duly admitted as a member of the bar
in accordance with the procedural law and who is
goof and regular standing is entitled to practice law
in the Philippines.7 It goes without saying that the
lawyer was duly licensed by the Philippine Supreme
Court.
Pursuant to public policy, a person seeking admission
to the practice of law must possess the required
educational qualifications and shows such degree of
learning and proficiency in law. The following are the
qualifications of an applicant for admission to the
Philippine bar:
The lawyer must have pursued and satisfactorily
completed (a) four-year high school course in an
authorized and recognized university, college or
school; (b) a course of study prescribed for a
bachelors degree in arts or sciences, with political
science, logic, English, Spanish, history, or economics
as a major or a field of concentration; and (c) a fouryear bachelors degree in law with completed course
in civil law, commercial law, remedial law, criminal
law, political and international law, labor law,
taxation, legal ethics and other subjects prescribed
by the Supreme Court. 8

Requirements for admission to the bar

Every applicant for admission as a member of the
bar must be a citizen of the Philippines; at least
twenty-one years of age, of good moral character,
and a resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence of
good moral character, and that no charges against
him, involving moral turpitude, having been filed or
are pending in any court in the Philippines.9

Failing candidates to take review course

Candidates who have failed the bar examinations for
three times shall be disqualified from taking another
examination unless they show to the satisfaction of
the court that they have enrolled in and passed
regular fourth year review classes as well as
attended a pre-bar review course in a recognized law
school.
The professors of the individual review subjects
attended by the candidates under this rule shall
certify under oath that the candidates have regularly
attended classes and passed the subjects under the
same conditions as ordinary students and the ratings
obtained by them in the particular subject.10

8 Rules of Court, Rule 138, Sec. 5 & 6.

9 Id., Sec. 2.

7 Rules of Court, Rule 138, Sec. 1, as amended by SC

Resolution dated May 20, 1968 and February 13, 1992.

10 Id, Rule 138, Sec. 16.

Admission
applicants

and

oath

of

successful

An applicant who has passed the required

examination, or has been otherwise found to be
entitled to admission to the bar, shall take and
subscribe
before
the
Supreme
Court
the
corresponding oath of office. 11

The Lawyers Oath

After passing the Bar Examinations, a lawyer has to
take his oath fully quoted as follows:
I, ________________________, of __________________
(place of birth) do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will
support the Constitution, and obey the laws as well
as the legal order of the duly constituted authorities
therein; I will do no falsehood, nor consent to the
doing of in any court; I will not wittingly nor willingly
promote nor 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 lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the court to
my clients; and I impose upon myself these voluntary
obligations without any mental reservation or
purpose of evasion. So help me God.
The Legal Profession is affected with public
interest
It has been said that the basic ideal of the legal
profession is to render public service and secure
11 Rules of Court, Rule 138, Sec. 17.

justice to everyone who needs it. The duties of a

lawyer in the exercise of his profession involve public
matters and of public interest. As such, it is proper
that the profession be regulated by the Supreme
Court.
Practice of Law
The Practice of Law means any activity, in or out
of court, which requires the application of law or
procedure. Appearance in court or any tribunal, legal
counselling or giving legal advice and drafting legal
documents are examples of practice of law. As held
by the High Court, however, in Cayetano v. Monsod,
201 SCRA 200, to practice law, a lawyer need not
have a law office or appear in court. Legal research
and counselling also constitutes practice of law.
The right to practice law is not a natural or
constitutional right but is in the nature of a privilege
or franchise, and it may be extended or withheld by
the Supreme Court in the exercise of its sound
discretion.12
The ruling of the High Court, however, in one case, 13
is instructive. It was held, thus:
Private practice of law does not refer to an isolated
court appearance but contemplates a succession of
acts of the same nature habitually or customarily
holding ones self to the public as a lawyer.
Practice of law regulated by the Supreme Court
12 Overgaard v. Valdez, 582 SCRA 567 (2009).
13 Philippine National Construction Corp. v. Mandagan,
559 SCRA 121 (2008).

The authority to admit applicants to the practice

of law belongs to the judiciary represented by the
Supreme Court in view of the nature of its judicial
function and in the role played by lawyers in the
administration of justice. Under Sec. 5(5), Art. VIII of
our Constitution, the Supreme Court shall have the
following powers:
(5) Promulgate rules concerning x x x pleading,
practice and procedure in courts, the admission to
practice of law, the integrated bar and the legal
assistance to the under- privileged.

True, in the exercise of its police power, the

legislature may enact law regulating the practice of
law to protect the public and promote the public
welfare. However, the legislature may not pass a law
that will control the Supreme Court in the
performance of its function to decide who may enjoy
the privilege of practicing law and any law that kind
is unconstitutional as an invalid exercise of legislative
power. (In re Cunanan, et. al. 94 Phil. 534).