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This document discusses ethics and qualifications for lawyers. It outlines moral character requirements, including having no pending criminal cases and not engaging in acts of moral turpitude like fraud, deceit, embezzlement or murder. Lawyers must conduct themselves ethically and uphold the integrity of the legal profession. The document also discusses grossly immoral conduct, violations of notarial rules, and requirements for foreign lawyers to practice in the Philippines.
This document discusses ethics and qualifications for lawyers. It outlines moral character requirements, including having no pending criminal cases and not engaging in acts of moral turpitude like fraud, deceit, embezzlement or murder. Lawyers must conduct themselves ethically and uphold the integrity of the legal profession. The document also discusses grossly immoral conduct, violations of notarial rules, and requirements for foreign lawyers to practice in the Philippines.
This document discusses ethics and qualifications for lawyers. It outlines moral character requirements, including having no pending criminal cases and not engaging in acts of moral turpitude like fraud, deceit, embezzlement or murder. Lawyers must conduct themselves ethically and uphold the integrity of the legal profession. The document also discusses grossly immoral conduct, violations of notarial rules, and requirements for foreign lawyers to practice in the Philippines.
DESPERATE ETHICS Secretary of Education that, before he
began the study of law, he had pursued
REVIEWER (Use at your own and satisfactorily completed in an risk, sobrang basura lol) authorized and recognized university or SUMMREV— 1-18—56-86 college, requiring for admission thereto Codals- see essentials/ powerful kapitan the completion of a four-year high school WTO-make a stand course, the course of study prescribed LASTMIN TIPS— gloss over therein for a bachelor's degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, “roles and english, spanish, history and economics. responsibilities of lawyers in society” Familiarise yourselves with various 1-18 scenarios: on:
“review the reading on the good moral character—
something more than an absence of bad two document and think character.It is the will to do the unpleasant about your stand on allowing thing if it is right and not do the pleasant thing if it is wrong foreign lawyers to practice in the philippines” E.g. Sec. 5. Additional requirements for other 1.)concealment of pending criminal case applicants. - All applicants for admission pending , regardless of its merits, to take the other than those referred to in the two bar exams preceding sections shall, before being admitted to the examination, MORAL TURPITUDE satisfactorily show that they have 2. ) Those that involve fraud or deceit: regularly studied law for four years, and • Violation of BP 22; successfully completed all prescribed • Falsification of public documents; courses, in a law school or university, • Estafa; officially approved and recognized by the • Embezzlement; Secretary of Education. The affidavit of • Swindling; the candidate, accompanied by a • Smuggling certificate from the university or school • murder of law, shall be filed as evidence of such • bigamy facts, and further evidence may be • hazing required by the court. • Murder • Bigamy; No applicant shall be admitted to the bar • Participation in fatal hazing of a examinations unless he has satisfactorily fraternity completed the following courses in a law school or university duly recognized by the government: civil law, commercial IMMORAL CONDUCT law, remedial law, criminal law, public >What is grossly immoral conduct? and private international law, political It is conduct which is willful, flagrant, or law, labor and social legislation, medical shameless and which shows a moral jurisprudence, taxation and legal indifference to the opinion of the good and ethics. chan robles virtual law library respectable members of the community. Sec. 6. Pre-Law. - No applicant for (Arciga v. Maniwag, A.M. No. 1608, August admission to the bar examination shall 14, 1981) be admitted unless he presents a >Grossly immoral act - one that is so certificate that he has satisfied the corrupt and false as to constitute a criminal the application for admission to the bar act or so unprincipled or disgraceful as to be of any person known by him to be reprehensible to a high degree. (Reyes v. unqualified in respect to character, Wong, A.M. No. 547, January 29, 1975.) education, or other relevant attribute. >The question of whether an act is grossly He should volunteer information or immoral may depend, to some extent, upon cooperate in any investigation concerning the prejudice, caprice & bias of the court, alleged anomalies in the bar examination so and the general concept of morality that those candidates who failed therein can prevailing at the time. be ferreted out and those lawyers >Cohabitation per se is not grossly immoral; responsible therefor can be disbarred. (In re it will depend on the surrounding Parazo, 82 Phil. 230, December 3, 1948.) circumstances. (In re: Regidor R. Toledo v. Atty. Jerry R. Toledo, A.M. No. P-07-2403, >A Lawyer Shall Always Conduct Himself February 6, 2008.) Mere intimacy between a Ethically and Morally man and woman, both of whom possess no Rule 7.03 - A lawyer shall not engage in impediment to marry, voluntarily carried on any conduct or do any act that adversely and devoid of any deceit on the part of the reflects on his fitness to practice law, nor former, is neither so corrupt nor so to behave, in his public or private life, in unprincipled as to warrant the imposition of a scandalous manner to the discredit of disciplinary sanction against him, even if as the legal profession. a result of such relationship a child was born He should conduct himself at all time in such out of wedlock. (Figueroa v. Barranco, Jr., a way as to give credit to the legal SBC Case No. 519, July 31 1997,) However, profession and to inspire the confidence, this rule does not apply to lawyers who are respect and trust of his clients and the married, to whom a stricter rule would apply. community. >Even if a lawyer is not judged as grossly immoral, he may nonetheless be A lawyer may be disciplined for misconduct reprimanded where such evidence shows committed either in his professional or failure on his part to comply with the private capacity. The test is whether his rigorous standards of conduct appropriately conduct shows him to be wanting in moral required from members of the bar and court character, honesty, probity, and good (Tolosa v. Cargo, A.M. No. 2385, April 7, demeanor, or whether it renders him 1982). unworthy to continue as an officer of the court. (Navarro v. Solidum Jr., A.C No. 9872, Jan 28, 2014.) >Upholding the Dignity and Integrity of the Profession >Gross Immorality Reflective of >Canon 7- A lawyer shall at all times Unfitness to Practice uphold the integrity and dignity of the To justify suspension or disbarment, the act legal profession and support the must not only be immoral; it must be grossly activities of the integrated bar immoral as well. (Figueroa v. Barranco, Jr., >Rule 7.01 - A lawyer shall be answerable SBC Case No. 519. July 31, 1997). for knowingly making false statement or suppressing a material fact in connection with his application for admission to the bar. Failure to live up to the standards of conduct may prevent an aspiring lawyer from being admitted to practice (Barba v. Pedro, A.M. No. 545-SBC, December 26, 1974.) and, if admitted without the Supreme Court acquiring knowledge of his transgressions VIOLATION OF NOTARIAL thereof, he may be disbarred for such misconduct. (Diao v. Martinez, A.C. No. 244, RULES March 29, 1963.) Misconduct as notary public >Rule 7.02 - A lawyer shall not support 2-fold penalty: 1st for the act and omission as a notary public, and 2nd for act or month following; omission as a lawyer. 7. failure to affix to By applying for and having himself commissioned as notary public, a lawyer acknowledgments the date of assumes these duties in a dual capacity, in expiration of his commission; the non-performance of which duties he may 8. failure to submit his notarial be disciplined as a member of the bar. He register, when filled, to the may be held to account as a lawyer for an Executive Judge; act as a notary public of a disgraceful or immoral character even to the extent of the 9. failure to make his report, disbarment (Benguet Electric Cooperative v. within a reasonable time, to the Flores) Executive Judge concerning the performance of his duties, as may be Notarization is not an empty, required by the judge; meaningless, routinary act. It is 10. failure to require the presence invested with substantive public of a principal at the time of the interest, such that only those who notarial act; are qualified or authorized may act 11. failure to identify a principal as notaries public. Notarization on the basis of personal knowledge converts a private document into or competent evidence; a public document; thus, making 12. executing a false or that document admissible in incomplete certificate; evidence without further proof of its 13. knowingly performing or authenticity. A notarial document is failing to perform any other act by law entitled to full faith and credit prohibited or mandated by the 2004 upon its face. Notarial Rules; and 14. committing any other QUALIFICATIONS (F21- GOOD dereliction or act which in the MORAL RESIDENT) judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative REVOCATION AND sanction.(Notarial Law, Rule XI ADMINISTRATIVE SANCTIONS Section 1[a] and 1[b]). Grounds
3. Any ground on which an Guerrero v. Bihis (G.R. No. 174144,
application for a commission may be 2007), a notary public commissioned denied (e.g., conviction at the first for and in Caloocan City notarized a instance of a crime involving moral will in Quezon City. The Supreme turpitude); Court held that the notary public had 4. failure to keep a notarial no authority to notarize documents in register; Quezon City, and therefore the will in 5. failure to make the proper this case was void for being entry or entries in his notarial register defectively- notarized. concerning his notarial acts; 6. failure to send the copy of the The “act of notarizing documents entries to the Executive Judge outside one's area of commission is within the first ten (10) days of the not to be taken lightly. Aside from being a violation of Sec. 11 of the 2004 Rules on Notarial Practice, it also “partakes of malpractice of law and falsification.
Notarizing documents with an
expired commission is a violation of the lawyer's oath to obey the laws,” more specifically, the 2004 Rules on Notarial Practice. Since the public is deceived into believing that he has been duly commissioned, it “also amounts to indulging in deliberate falsehood,” which the lawyer's oath proscribes.
“Notarizing documents without the
presence of the signatory to the document is a violation of Sec. 2(b)(1), Rule IV of the 2004 Rules on Notarial Practice, Rule 1.01 of the Code of Professional Responsibility, and the lawyer's oath which unconditionally requires lawyers not to do or declare any falsehood.”
Finally, Atty. Quintana is personally
accountable for the documents that he admitted were “signed by his wife.” He cannot relieve himself of liability by passing the blame to his wife. He is, thus, guilty of “violating Canon 9 of the Code of Professional OTHERS Responsibility, which requires Member of the bar may be disbarred or lawyers not to directly or indirectly suspended from his office as attorney by the assist in the unauthorized practice of Supreme Court for any deceit, malpractice, or other gross misconduct in such office, law.” Laquindanum v. Quintana (A.C. grossly immoral conduct or by reason of his No. 7036, June 29, 2009, En Banc) conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.” is a violation of his sword duty to do no Grounds for Discipline; in general (M.U.) falsehood nor consent to the doing of any in As a rule, a lawyer may be disciplined for court, nor wittingly or willingly promote or gross misconduct or malpractice or sue any false, groundless or unlawful suit unprofessional conduct (Rule 138, Sec. >To warrant disciplinary action against a 27). lawyer for preferring or prosecuting false Malpractice ordinarily refers to any charges or complaints, it must be shown that malfeasance or dereliction of duty the charges are false and the lawyer committed by a lawyer. The practice of knows them to be so, in spite of which he soliciting cases at law for the purpose of nevertheless filed them. In short, the lawyer gain, either personally or through paid must have been moved by malice or bad agents or brokers, constitutes malpractice faith. (Id.). Unprofessional Conduct in an attorney is Introducing false evidence that which is unbecoming a member of that -a violation of his oath to do no falsehood profession. nor consent to the doing of any in court **Enumerated grounds not exclusive -constitutes a willful disregard of his solemn >The enumeration is not exclusive. duty to act at all times in a manner >A lawyer may be removed from office or consistent with the truth suspended from the practice of law on the grounds other than those specifically Blackmail provided in the law . Blackmail is the extortion of money from a >Any misconduct on the part of a lawyer in person by threats of accusation of exposure his professional or private capacity which or opposition in the public prints, obtaining of shows him to be wanting in moral character value from a person as a condition of may justify his suspension or removal from refraining from making an accusation office even though the law does not specify against him, or disclosing some secret which the acts as a ground for disciplinary action is calculated to operate to his prejudice ( (Mortel v. Aspiras, G.R. No. L- 9152, Dec. 28, 1956) ETC…
1.) Obstructing justice and abuse of legal
process constitutes misconduct and justifies disciplinary action against him Plus current events re: 2.) Misleading the court duterte, calida,, aguirre, A lawyer must be a disciple of truth. Under yesay, alvarez the Code of Professional Responsibility, he owes candor, fairness and good faith to the courts. He shall neither do any falsehood, E. PUBLIC OFFICIALS AND PRACTICE nor consent to the doing of any. He also has OF LAW a duty not to mislead or allow the courts to A lawyer does not shed his professional be misled by any artifice (Benguet Electric obligations upon assuming public office Cooperative, Inc. v. Flores) (Report of IBP Committee, p. 30.). Hence, lawyers engaged in government service are Forum Shopping also governed by the Canons and Rules in constitutes direct contempt of court and the Code of Professional Responsibility makes the lawyer liable administratively, (Canon 6, Code of Professional such as suspension from practice of law for Responsibility; Pineda, p. 100.) They are one year expected to be more sensitive to their professional obligation because their Proffering false charges conduct may be scrutinized by the public >A lawyer, including a public prosecutor, eye. (Report of IBP Committee, p. 30.) may be disciplined for filing or prosecuting Lawyers in government service are false charges against another, for his action expected to be more conscientious of their actuations as they are subject to public CANON 4 – A lawyer shall participate in scrutiny. They are not only members of the the development of the legal system by bar but also public servants who owe utmost initiating or supporting efforts in law fidelity to public service. A government reform and in the improvement of the lawyer is a keeper of public faith and is administration of justice. burdened with a high degree of social It is not a strict duty of lawyers to contribute responsibility, higher than his brethren in to the improvement of the legal system. private practice. (Ramos v. Imbang, A.C. However, it is a duty that stems from a 6788, August 23, 2007.) lawyer’s sense of responsibility. He must recognize that the law is part of an intricate social network, which necessarily includes Discipline of Lawyers in Government interaction with the society. He must Service broaden out and continue to grow in General Rule: A lawyer who holds public knowledge and competence in order to be office may not be disciplined as a member of able to make the law socially responsive the bar for misconduct in the discharge of (Comments of the IBP Committee that his duties as a government official. drafted the Code, pp. 20-21.) Exception: The misconduct constitutes a violation of his duties as a lawyer. Upholding the Court’s Authority and Misconduct in office as a public official may Dignity be a ground for disciplinary action if it is of A lawyer, as a member of the bar and as an such character as to affect his qualification officer of the court, should uphold the dignity as lawyer or to show moral delinquency. and authority of the court. He should not promote distrust in the administration of justice. (Surigao Mineral Reservation Board DUTY TO SOCIETY v. Cloribel, G.R. No. L-27072, January 9, The primary duty of a lawyer to the society 1970) or the State is to maintain allegiance to the Republic of the Philippines, uphold the Constitution and obey the laws of the land. Misconduct in the discharge of duties as a public officer As a servant of the law, a lawyer should Former Rule: A lawyer who holds a moreover make himself an example for government office may not be disciplined as others to emulate. Being a lawyer, he is a member of the bar for misconduct in the supposed to be a model in the community in discharge of his duties as a government so far as respect for the law is concerned. official (Cruz v. Cabal, Adm. Case No. 482, October 31, 1964). Canon 1 - A Lawyer shall uphold the New Rule: However, with the promulgation Constitution, obey the laws of the land of the Code of Professional Responsibility, and promote respect for law and legal the ruling in Cruz has lost its validity processes. because the Code applies to lawyers in government service in the discharge of their official tasks and makes their negligence in The presence of evil intent on the part of the the performance of their duties as lawyer is not essential in order to bring his government lawyers a ground for act or omission within the terms of Rule 1.01 disciplinary action. which specifically prohibits lawyers from In case of government lawyers, engaging in unlawful conduct. administrative discipline may be imposed by both the Civil Service Commission (because Duty Not to Counsel Illegal Activities he is a civil servant) and by the Supreme Rule 1.02 - A lawyer shall not counsel or Court (because he is a lawyer). abet activities aimed at defiance of the law or at lessening confidence in the legal system. .