128291811-San-Beda-Legal Ethics.pdf

8/16/2019 128291811-San-Beda-Legal Ethics.pdf

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San Beda College of Law1

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

I. LEGAL ETHICS

PRELIMINARY MATTERS

Legal Ethics – branch of moral sciencewhich treats of the duties which anattorney owes to the court, to his client,to his colleagues in the profession and tothe public.

- It is the embodiment of allprinciples of morality and refinementthat should govern the conduct of everymember of the bar.

PRIMARY CHARACTERISTICS WHICH

DISTINGUISH THE LEGAL PROFESSIONFROM BUSINESS1. A duty of public service2. A relation, as an “officer of the

court, to the administration of!ustice involving thoroughsincerity, integrity and reliability

". A relation to clients with thehighest degree of fiduciary

#. A relation to the colleagues atthe bar characteri$ed by candor,fairness and unwillingness toresort to current business

methods of advertising andencroachment on their practice,or dealing directly with theirclients.

PRACTICE OF LAW

CASE Any activity in or out of courtwhich re%uires the application of law,legal principle, practice or procedureand calls for legal &nowledge, trainingand e'perience. (Cayetano vs Monsod,201 SCRA 210)

(trictly spea&ing, the wordpractice of law implies the customary orhabitual holding of oneself to the publicas a lawyer and demandingcompensation for his services. [Peoplevs. Villanueva 14 SCRA 111]

ESSENTIAL CRITERIA DETERMINATI!EOF ENGAGING IN THE PRACTICE OFLAW "HACA#

1. H a$it%alit&- impliescustomarily or habitually holdingoneself out to the public as alawyer2. C'()e*sati'*- impliesthat one must have presentedhimself to be in the activepractice and that his professionalservices are available to thepublic for compensation, as a

source of his livelihood or inconsideration of his saidservices.3. A))licati'* '+ la,- legal)i*ci)le- )actice- ')'ce/%e which calls for legal&nowledge, training ande'perience4. Att'*e& 0 clie*telati'*shi)

PRI!ATE PRACTICE)rivate practice is more than an

isolated appearance for it consists offre%uent or customary actions, asuccession of acts of the same &ind.

NOTE An isolated appearance doesnot amount to practice of law of a publicofficer if allowed by his superior ine'ceptional cases.

NOTE *he practice of law is not anatural, property or constitutional rightbut a (ee )i1ilege. It is not a rightgranted to any one who demands it but aprivilege to be e'tended or withheld inthe e'ercise of sound !udicial discretion.It is in the nature of a franchiseconferred only for merit which must beearned by hard study, learning and goodconduct. It is a privilege accorded onlyto those who measure up to certain rigidstandards of mental and moral fitness.*hose standards are neither dispensedwith nor lowered after admission. *heattorney+s continued en!oyment of theprivilege conferred depends upon his

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i

%Le#al Ethics&' !ar( )en$( uran%Practical E*ercises& EP: Ra+h( Es+iritu !E!BERS: John ale Balinan' !alouBarrios'Catherine Bool,Nu e-' !elanie Ca+aras' .ristian Cristo/al' Re0e#io a(an$a(an' Jr"' 1eral$ $ela Cru-' onnaň u0+it' JBRoselle 1a(ona' Rhea !an#u/at' Jo(ce !arie !ar2ue-' Ro3ena !utia' !aan Sala$a' !ela0( Sal4a$ora' Vin,.ristine Ventura


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2 200 CENTRALIZED B AR OPERATIONS

complying with the ethics and rules of"""the profession.

ut practice of law is in the*at%e '+ a ight. hile the practice of

law is a privilege, a lawyer cannot beprevented from practicing law e'cept forvalid reasons, the practice of law notbeing a matter of state+s grace or favor.e holds office during good behavior andcan only be deprived of it for misconductascertained and declared by !udgment ofthe (upreme /ourt after opportunity tobe heard has been afforded him. *hestate cannot e'clude an attorney fromthe practice of law in a manner or forreasons that contravene the due processor e%ual protection clause of the

/onstitution.

POWER TO REGULATE THE PRACTICEOF LAW

CASES *he /onstitution [At. V!!!,Se". #(#)] vests this power of control andregulation in the S%)e(e C'%t. *heconstitutional power to admit candidatesto the legal profession is a !udicialfunction and involves the e'ercise ofdiscretion. )etition to that end is filedwith the (upreme /ourt as are other

proceedings invo&ing !udicial function [!ne$ Al%a"en &1 SCRA #'2]

*he (/ acts through a ar0'amination /ommittee in the e'erciseof its !udicial function to admitcandidates to the legal profession. *hus,the /ommittee is composed of a memberof the /ourt who acts as /hairman and members of the bar who acts ase'aminers in the bar sub!ects with onesub!ect assigned to each. [!n e anuevo,'' SCRA 24#] *he power of the (/ to regulate thepractice of law includes the authority to

1. 3efine the term2. )rescribe the %ualifications of a

candidate to and the sub!ects ofthe bar e'aminations

". 3ecide who will be admitted topractice

#. 3iscipline, suspend or disbar anyunfit and unworthy member ofthe bar

4. 5einstate any disbarred orindefinitely suspended attorney

6. 7rdain the integration of the)hilippine ar

8. )unish for contempt any personfor unauthori$ed practice of law

. 0'ercise overall supervision ofthe legal profession

9. 0'ercise any other power as maybe necessary to elevate thestandards of the bar andpreserve its integrity.

7n the other hand, theLEGISLATURE, in the e'ercise of its)7:I/0 )705 may, however, enactlaws regulating the practice of law toprotect the public and promote thepublic welfare. ut the legislature ;A<

=7* pass a law that will control the (/in the performance of its function todecide who may en!oy the privilege ofpracticing law and any law of that &ind isunconstitutional as an invalid e'ercise oflegislative power.

WHO MAY PRACTICE LAW2

Any person heretofore dulyadmitted as a member of the bar, orhereafter admitted as such in

accordance with the provisions of thisrule, and who is in good and regularstanding, is entitled to practice law.[Se". 1, Rule 1&]

RE3UIREMENTS BEFORE ACANDIDATE CAN ENGAGE IN THEPRACTICE OF LAWI. e must have been admitted to thear

a. >urnishing satisfactory proof of

educational, moral and other%ualification?

b. )assing the barc. *a&ing the :awyer+s 7ath before

the (/A lawyer+s oath signifies that

the lawyer in ta&ing such an oathaccepts and affirms his ethicalobligations in the performance ofhis duties as a lawyer andsignifies li&ewise his awarenessof his responsibilities that he

200 CENTRALI!ED BAR OPERATIONS EXEC"TI#E COMMITTEE AND S"B$ECT CHAIRPERSONS Ma%&'el A(a%en)o* %O4er,all Chair+erson&' Ronald $al+an,a% %O4er,all Vice Chair&' YolandaTolen)&no%VC,Aca$s&' Jenn&fe% Ang%VC, Secretariat&' $o- Ind.')&/o %VC,5inance&' Ela&ne Ma*.a) %VC,EP&' Anna Ma%ga%&)a E%e* %VC,Lo#istics&" $ona)an

Mang.nda-ao %Political La3&' %an'&* Bened&') Reo).)a% %La/or La3&' Ro+.ald Pad&lla %Ci4il La3&'Ca%+a&ne To%%e* %Ta*ation La3&' Ma% Da/&d Ma%)&ne, %Cri0inal La3&' Ga%n- L.&*a Aleg%e %Co00ercialLa3&' $&n- Ann "- %Re0e$ial La3&' $a'&e Lo. Ba.)&*)a %Le#al Ethics&


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assumes by his admission to thelegal profession.

d. (igning the Attorney+s 5oll andreceiving from the /ler& of /ourt

of the (/ a /ertificate of thelicense to practice

II. After his admission to the bar, alawyer must remain in good and regularstanding, which is a continuingre%uirement for the practice of law. emust

a. 5emain a member of the I)@membership therein by everyattorney is made compulsory?

b. 5egularly pay all I) membershipdues and other lawfulassessments, as well as the

annual privilege ta'?c. >aithfully observe the rules and

ethics of the legal profession?and

d. e continually sub!ect to !udicialdisciplinary control.

BASIC RE3UIREMENTS FORADMISSION TO THE BAR Bnder (ection 2, 4 and 6, 5ule 1", theapplicant must be

1. /iti$en of the)hilippines?2. At least 21 years of age?3. 7f good moral character ?(Note: *his is a continuingre%uirement.4. 5esident of the)hilippines?5. ;ust produce before the(/ satisfactory evidence of goodmoral character?6. =o charges against him,involving moral turpitude, have

been filed or are pending in anycourt in the )hil. [Se". 2, Rule1&] ?7. ;ust have complied withthe academic re%uirements?8. )ass the bare'aminations.

M'al T%)it%/e – imports an act ofbaseness, vileness or depravity in theduties which one person owes to anotheror to society in general which is contraryto the usually accepted and customary

rule of right and duty which a personshould follow.

ACADEMIC RE3UIREMENTS FOR THE

CANDIDATES1. ;ust have alreadyearned a achelor+s 3egree inArts or (ciences @)re-law2. :aw /ourse – completedcourses in /ivil :aw, /ommercial:aw, 5emedial :aw, /riminal:aw, )ublic and International:aw, )olitical :aw, :abor and(ocial :egislation, ;edicalCurisprudence, *a'ation, :egal0thics. [Se". # and ', Rule 1&]

APPEARANCE OF NON4LAWYER INCOURT

MAY A NON4LAWYER APPEAR IN COURT2

General Rule$ 7nly those who arelicensed to practice law can appear andhandle cases in court.

Exceptions:1. Be+'e the MTC - a party may

conduct his case or litigation in

person with the aid of anagent or friend appointed by him.[Se". &4, Rule 1&]

2. Be+'e a*& c'%t – a party mayconduct his litigation personally.ut he gets someone to aid him andthat someone must be an authori$edmember of the ar [Se". &4, Rule1&] . e is bound by the same rulesin conducting the trial of his case.e cannot, after !udgment, claimthat he was not properlyrepresented.

3. I* a ci(i*al case $e+'e the MTC –in a locality where a duly licensedmember of the ar is not available,the !udge may appoint a non-lawyerwho is a resident of that province, ofgood repute for probity and ability tothe accused in his defense. [Se". *,Rule 11']

4. St%/e*t Pactice R%le 4 A lawstudent who has successfullycompleted his "rd year of the regular#-year prescribed law curriculum andis enrolled in a recogni$ed law




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school+s cli*ical legal e/%cati'*)'ga( approved by the (/ – mayappear without compensation in anycivil, criminal or administrative case

before any trial court, tribunal,board or officer, to representindigent clients accepted by the:egal /linic of the school. [Se". 1,Rule 1&+A] *he student shall beunder the direct supervision andcontrol of a member of the I) dulyaccredited by the law school. [Se".2]

5. U*/e the La$' C'/e – non-lawyersmay appear before the =:5/ or any:abor Arbiter if they @a representthemselves? @b represent their

organi$ation or members thereof[At. 222, P 442]

6. A non-lawyer may represent aclaimant before the Ca/astal C'%t[Se". -, A"t. o. 22#-]

7. Any person appointed to appear forthe government of the )hilippines i*acc'/a*ce ,ith la, [Se". &&, Rule1&]

LIMITATIONS ON APPEARANCE OF NON4LAWYERS BEFORE THE COURTS

1. e should confine his wor& to

non-adversary contentions. eshould not underta&e purelylegal wor&, such as thee'amination or cross-e'amination of witnesses, or thepresentation of evidence.

2. (ervices should not be habituallyrendered.

3. (hould not charge or collectattorney+s fees. [PA/ vs.inala3an !saela Su3a Co. 42SCRA &02]

RIGHT OF PARTY TO REPRESENTHIMSELFCi1il Cases An individual litigant has theright to conduct his litigation personally.Ci(i*al Cases Involving grave and lessgrave offenses, an accused who is alayman must always appear by counsel?he /A==7* conduct his own defense, ashis right to counsel may =7* be waivedwithout violating his right to due processof law.B& a 5%i/ical Pes'* A !uridical person

must always appear in court by a duly

licensed member of the bar, e'cept inthe municipal trial court where it may berepresented by its agent or officer whoneed not be a lawyer.

PARTNERSHIP WITH NON4LAWYERS!OID

In the formation of partnership forthe practice of law, no person should beadmitted or held out as a practitioner ormember who is not a member of thelegal profession duly authori$ed topractice, and amenable to professionaldiscipline.

PRACTICE BY CORPORATION

It is well settled that acorporation CANNOT engage in thepractice of law. It may, however, hire anattorney to attend to and conduct itsown legal business or affairs. ut itcannot practice law directly or indirectlyby employing a lawyer to practice for itor to appear for others for its benefit.Reasons:1. =ature of the privilege and on the

confidential and trust relationbetween attorney and client.

2. A corporation cannot perform the

conditions re%uired for membershipin the bar, such as the possession ofgood moral character and otherspecial dis%ualifications, the ta&ingof an oath and becoming an officerof the court, sub!ect to itsdiscipline, suspension or removal.

". *he relation of trust and confidencecannot arise where the attorney isemployed by a corporation topractice for it, his employer and heowing, at best, a secondary anddivided loyalty to the clientele ofhis corporate employer.

#. *he intervention of the corporationis destructive of that confidentialand trust relation and is obno'iousto the law.

PERSONS AUTHORI6ED TO REPRESENTTHE GO!ERNMENT

Any official or other personappointed or designated in accordancewith law to appear for the governmentof the )hilippines or any of its officials

shall have all the rights of a duly




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San Beda College of Law


authori$ed member of the bar to appearin any case in which the government hasan interest, direct or indirect, or inwhich such official is charged in his

official capacity.

RULES ON PUBLIC OFFICIALSREGARDING PRACTICE OF LAW

PUBLIC OFFICIALS WHO CANNOTPRACTICE LAW IN THE PHILIPPINES

1. Cudges and otherofficials or employees of thesuperior court2. 7fficials and employeesof the 7ffice of the (olicitor

Deneral". Dovernment )rosecutors#. )resident, Eice-)resident, members of the/abinet, their deputies andassistants4. /hairmen and membersof the /onstitutional/ommissions6. 7mbudsman and hisdeputies8. Dovernors, city andmunicipal mayors

. *hose who, by speciallaw are prohibited from engagingin the practice of their legalprofession

PUBLIC OFFICIALS WITH RESTRICTIONSIN THE PRACTICE OF LAW1. (enators and ;embers of the ouse

of 5epresentatives2. ;embers of the(anggunian". 5etired Custice or Cudge4. /ivil (ervice officers or

employees without permit fromtheir respective departmentheads [oie3a vs. Sison 12#SCRA 2-&]

RESTRICTIONS IN THE PRACTICE OFLAW OF MEMBERS OF LEGISLATURE

CASES A lawyer-member of thelegislature is only prohibited fromappearing as counsel before any court of!ustice, electoral tribunals or %uasi-!udicial and administrative bodies. *he

word “appearance includes not onlyarguing a case before any such body butalso filing a pleading on behalf of aclient as “by simply filing a formal

motion, plea or answer. [Ra%os vs.Manala" - Pil 2*0]

=either can he allow his name toappear in such pleading by itself or aspart of a firm name under the signatureof another %ualified lawyer because thesignature of an agent amounts to signingof a non-%ualified senator orcongressman, the office of an attorneybeing originally of agency, and becausehe will, by such act, be appearing incourt or %uasi-!udicial or administrativebody in violation of the constitutional

restriction. “e cannot do indirectlywhat the /onstitution prohibitsdirectly. [!n e$ avid -& P5! 4'1]

RESTRICTIONS IN THE PRACTICE OFLAW OF THE MEMBERS OF THESANGGUNIAN

*hey shall not1. Appear as counsel beforeany court in any civil casewherein a local government unitor any office, agency orinstrumentality of the

government is the adverse party?2.Appear as counsel in anycriminal case wherein an officeror employee of the national orlocal government is accused ofan offense committed in relationto his office?3. /ollect any fee for theirappearance in administrativeproceedings involving the localgovernment unit of which he isan official. [Se". -0, R.A. *1'0] #. Bse property andpersonnel of the governmente'cept when the (anggunianmember concerned is defendingthe interest of the government

RESTRICTIONS IN THE PRACTICE OFLAW OF RETIRED 5USTICE75UDGEAs a condition of the pension

provided under R.A. -10, no retiring!ustice or !udge of a court of record orcity or municipality !udge during thetime that he is receiving said pension

shallLEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i



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Appear as counsel before any court ina. Any civil case wherein the

government or any subdivisionor instrumentality thereof is

the adverse party?b. Any criminal case wherein an

officer or an employee of thegovernment is accused of anoffense committed in relationto his office.

2. /ollect any fees for his appearancein any administrative proceedings tomaintain an interest adverse to thegovernment, provincial ormunicipal, or to any of its legallyconstituted officers [Se" 1, RA -10] .

REMEDIES AGAINST UNAUTHORI6EDPRACTICE "DICED#

1. )etition for In!unction2. Declaratory 5elief 3. Contempt of /ourt4. Dis%ualification andcomplaints for disbarment

5. /riminal complaint for

estafa against a person whofalsely represented to be anattorney to the damage of aparty

PRI!ILEGES AND DUTIES OF ALAWYER

PRI!ILEGES OF AN ATTORNEY1. *o practice law during good

behavior before any !udicial, %uasi-!udicial, or administrative tribunal.

2. *he first one to sit in !udgment onevery case, to set the !udicialmachinery in motion.

". 0n!oys the presumption of regularity

in the discharge of his duty.#. e is immune, in the performance

of his obligation to his client, fromliability to a third person insofar ashe does not materially depart fromhis character as a %uasi-!udicialofficer.

4. is statements, if relevant,pertinent or material to the sub!ectof !udicial in%uiry are absolutelyprivileged regardless of theirdefamatory tenor and of thepresence of malice.

OTHER PRI!ILEGES>irst grade civil service eligibility for any

position in the classified service in

the government the duties of whichre%uire &nowledge of law.

(econd grade civil service eligibility forany other government positionwhich does not prescribeproficiency in law as a %ualification.

FOUR4FOLD DUTIES OF A LAWYER

1. C'%t4 respect or defend againstcriticisms, uphold authority anddignity, obey order and processes,assist in the administration of!ustice.

2. Ba4 candor, fairness, courtesy andtruthfulness, avoid encroachment inthe business of other lawyers,uphold the honor of the profession.

3. Clie*t4 entire devotion to client+sinterest.

4. P%$lic4 should not violate hisresponsibility to society, e'emplarfor uprighteousness, ready to renderlegal aid, foster social reforms,guardian of due process, aware ofspecial role in the solution of

special problems and be alwaysready to lend assistance in the studyand solution of social problems.

SPECIFIC DUTIES OF A LAWYER (SEC.20, RULE 1!" 8C9A9R 9E9D:

1. *o maintain Allegianceto the 5epublic of the)hilippines and to support the/onstitution and obey the lawsof the )hilippines?2. *o observe and maintainthe R espect due to the courts of

!ustice and !udicial officers?3. *o Counsel and maintainthe respect due to the courts of!ustice and !udicial officers?4. *o Employ, for thepurpose of maintaining thecauses confided to him, suchmeans only as are consistentwith truth and honor, and neversee& to mislead the !udge or any!udicial officer by an artifice orfalse statement of fact or law?




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5. *o maintain inviolate theConfidence and at every peril tohimself, to preserve the secretsin connection with his client and

to accept no compensation inconnection with his client+sbusiness e'cept from him or withhis &nowledge and approval?6. *o Abstain from alloffensive personality and toadvance no fact pre!udicial tothe honor and reputation of aparty or witness, unless re%uiredby the !ustice of the cause withwhich he is charged?7. =ot to Encourage eitherthe commencement or the

continuance of an action orproceeding, or delay any man+scause, from any corrupt motiveor interest?8. =ever to R e!ect, for anyconsideration personal tohimself, the cause of thedefenseless or oppressed?9. In the Defense of aperson accused of crime, by allfair and honorable means,regardless of his personal opinionas to the guilt of the accused, to

present every defense that thelaw permits to the end that noperson may be deprived of life orliberty, but by due process oflaw.

DUTY OF COUNSEL DE OFICIOA counsel de oficio is e'pected

to render effective service and to e'erthis best efforts on behalf of an indigentaccused. e has as high a duty to a poorlitigant as to a paying client. e shouldhave a bigger dose of social conscienceand a little less of self-interest.

ROLE OF PRI!ATE PROSECUTOR A private prosecutor may

intervene in the prosecution of acriminal action when the offended partyis entitled to indemnity and has notwaived e'pressly, reserved or institutedthe civil action for damages. e mayprosecute the accused up to the end ofthe trial even in the absence of thepublic prosecutor if authori$ed by the

chief of the prosecution office or the

5egional (tate )rosecutor sub!ect to theapproval of the court @(ec. 4, 5ule 11F?5ules of /ourt dated ;ay 1, 2FF2.

THE LAWYER;S OATH

I, GGGGGGGGGGGG, do solemnlyswear that I will maintain allegiance tothe 5epublic of the )hilippines? I willsupport its /onstitution and obey thelaws as well as the legal orders of theduly constituted authorities therein? Iwill do no falsehood, nor consent to thedoing of any in court? I will not wittinglyor willingly promote or sue any

groundless, false or unlawful suit, norgive aid nor consent to the same? I willdelay no man for money or malice andwill conduct myself as a lawyeraccording to the best of my &nowledgeand discretion with all good fidelity aswell to the courts as to my clients? and Iimpose upon myself this voluntaryobligation without any mentalreservation or purpose of evasion. (ohelp me Dod.

NOTARY PUBLIC

A person appointed by the courtwhose duty is to attest to thegenuineness of any deed or writinginorder to render them available asevidence of facts stated therein and whois authori$ed by the statute toadminister various oaths.

A.#. No. 02$!$1$SC: Rules onNotarial %ractice o& 200'

@ Au3ust 1, 2004)

3UALIFICATIONS OF A NOTARY PUBLIC1. ;ust be citi$en of the )hilippines2. ;ust be over twenty-one @21

years of age". ;ust be a resident in the

)hilippines for at least one @1year and maintains a regularplace of wor& or business in thecity or province where thecommission is to be issued




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#. ;ust be a member of the)hilippine ar in good standingwith clearances from the 7fficeof the ar /onfidant of the

(upreme /ourt and theIntegrated ar of the )hilippines

4. ;ust not have been convicted inthe first instance of any crimeinvolving moral turpitude @5uleIII, (ection 1

5URISDICTION AND TERMA notary public may perform

notarial acts in any place within theterritorial !urisdiction of thecommissioning court for a period oftwo @2 years commencing on the 1st

day of Canuary of the year in whichthe commissioning is made UNLESSearlier revo&ed or the notary publichas resigned according to these 5ulesand the 5ules of /ourt @5ule III,(ection 11.

POWERS AND LIMITATIONS OFNOTARIES PUBLIC

POWERS

A notary public is

empowered to do the following acts"5AOSAC#

1. Ac&nowledgments?2. Oaths and affirmations?3. 5urats?4. Signature witnessings?5. Copy certifications? and6. Any other act authori$edby these 5ules.

A notary public is authori$edto certify the affi'ing of a signatureby thumb or other mar& on aninstrument or document presentedfor notari$ation if

1. *he thumb or other mar&is affi'ed in the presence ofthe notary public and of two@2 disinterested andunaffected witnesses to theinstrument or document?2. oth witnesses sign theirown names in addition to thethumb or other mar&?". *he notary public writesbelow the thumb or othermar& “*humb or 7ther ;ar&affi'ed by @name of signatory

by mar& in the presence of

@names and addresses ofwitnesses and undersignednotary public, and#. *he notary public

notari$es the signature bythumb or other mar& throughan ac&nowledgment, !urat orsignature witnessing.

A notary public is authori$edto sign on behalf of a person who isphysically unable to sign or ma&e amar& on an instrument or documentif

1. *he notary public isdirected by the personunable to sign or ma&e amar& to sign on his behalf?

2. *he signature of thenotary public is affi'ed inthe presence of two @2disinterested and unaffectedwitnesses to the instrumentor document?". oth witnesses sign theirown names?#. *he notary public writesbelow his signature“(ignature affi'ed by notaryin the presence of @namesand addresses of person and

two @2 witnesses, and5. *he notary publicnotari$es his signature byac&nowledgment or !urat@5ule IE, (ection 1).

PROHIBITIONS

6eneal Rule$ A notary public shall notperform a notarial act outside his regularplace of wor& or business.

78"eptions$ A notarial act may beperformed at the re%uest of the parties

in the following sites located within histerritorial !urisdictiona. )ublic offices, convention halls

and similar places where oathsof office may be administered?

b. )ublic function areas in hotelsand similar places for the signingof instruments or documentsre%uiring notari$ation?

c. ospitals and medicalinstitutions where a party to theinstrument or document isconfined for treatment? and




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d. Any place where a party to theinstrument or documentre%uiring notari$ation is underdetention.

A person shallnot perform a notarial act if

1. the person involved assignatory to the instrumentor document-

a. Is not in thenotary+s presence at thetime of the notari$ation?andb. Is not personally&nown to the notarypublic or otherwise

identified by the notarypublic throughcompetent evidence ofidentity as defined bythese 5ules @5ule IE,(ection 2.

2. the certificate containing aninformation &nown orbelieved to be false? and

". he shall not affi' an officialsignature or seal on anotarial certificate that isincomplete (Rule !V, Se"tion

#).

DIS3UALIFICATIONSA notary public is dis%ualified fromperforming a notarial if he

1 Is a party to the instrument ordocument?

2 ill receive, as a direct orindirect result any commission,fee, advantage, right, title,interest, cash, property, or otherconsideration, e'cept as

provided that is to be notari$ed?" Is a spouse, common-lawpartner, ancestor, descendant,or relative by affinity orconsanguinity of the principalwithin the fourth civil degree@5ule IE, (ection ".

Whe* *'ta& )%$lic (a& e+%se t'*'tai


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2 >ails to ma&e theappropriate entry or entries inhis notarial register concerninghis notarial acts?

" >ails to send the copy of theentries to the 0'ecutive Cudgewithin the first ten @1F days ofthe month following?# >ails to affi' toac&nowledgments the date ofe'piration of his commission?4 >ails to submit his notarialregister, when filled, to the0'ecutive Cudge?6 >ails to ma&e his report,within a reasonable time, to the0'ecutive Cudge concerning the

performance of his duties, asmay be re%uired by the Cudge?8 >ails to re%uire thepresence of the principal at thetime of the notarial act? >ails to identify a principalon the basis of personal&nowledge or competentevidence?9 0'ecutes a false orincomplete certificate under(ection 4, 5ule IE?1F nowingly performs or fails

to perform any other actprohibited or mandated by these5ules? and11 /ommits any otherdereliction or act which in the!udgment of the 0'ecutive Cudgeconstitutes good cause for therevocation of the commission orimposition of administrativesanction @5ule JI, (ection 1.

PUNISHABLE ACTS*he 0'ecutive Cudge shall cause the

prosecution of any person who1 nowingly acts orotherwise impersonates a notarypublic?2 nowingly obtains,conceals, defaces, or destroysthe seal, notarial register, orofficial records of a notarypublic? and" nowingly solicits,coerces, or in any way influencesa notary public to commit

official misconduct @5ule JII,(ection 1.

TERMS TO REMEMBER

A(ic%s C%iae4 is an e'perienced andimpartial attorney invited by thecourt to appear and help in thedisposition of the issues submittedto it. It implies friendly interventionof counsel to call the attention ofthe court to some matters of law orfacts which might otherwise escapeits notice and in regard to which itmight go wrong. An amicus curiaeappears in court not to representany particular party but only toassist the court.

A(ic%s C%iae )a e=celle*ce 0 barassociations who appear in court asamici curiae or friends of the court.Acts merely as a consultant to guidethe court in a doubtful %uestion orissue pending before it.

Att'*e& a/ h'c4 a person namedappointed by the court to defend an

absentee defendant in the suit inwhich the appointment is made.

Att'*e&s4At4La, 0 that class of personswho are licensed officers of thecourts empowered to appear,prosecute and defend, and uponwhom peculiar duties,responsibilities and liabilities aredeveloped by law as a conse%uence.

Att'*e& i* +act4 simply an agent whoseauthority is strictly limited by the

instrument appointing him. isauthority is provided in a specialpower of attorney or general powerof attorney or letter of attorney.e is not necessarily a lawyer.

Att'*e& '+ ec'/4 the attorney whosename is entered in the records of anaction or suit as the lawyer of adesignated party thereto.

Ba a*/ Be*ch 0 “ar refers to thewhole body of attorneys and

counselors collectively, the




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members of the legal profession“ench denotes the whole body of!udges.

Ba Ass'ciati'* 0 an association of

members of the legal profession li&ethe I) where membership isintegrated or compulsory.

Clie*t 0 one who engages the services ofa lawyer for legal advice or forpurposes of prosecuting ordefending a suit in behalf andusually for a fee.

C'%*sel7Att'*e& /e '+ici' 0 anattorney appointed by the court todefend an indigent defendant in a

criminal action.In a criminal action, if the

defendant appears without anattorney, he must be informed bythe court that it is his right to havean attorney before being arraignedand must be as&ed if he desires theaid of an attorney. If he desires andis unable to employ an attorney, thecourt must assign a counsel deoficio to defend him. e is alsodesignated as counsel of indigentlitigants. *he appointment of a

counsel de oficio in that instance isa matter of right on the part of thedefendant.

7n appeal in a criminal case, theappellate court must also appoint acounsel de oficio if, as shown by thecertificate of the cler& of court ofthe trial court, a defendant @a isconfined in prison, @b withoutmeans to employ an attorney, @cdesires to be defended de oficio.

H'%se C'%*sel 0 one who acts asattorney for business though carriedas an employee of that business andnot as an independent lawyer.

La,&e 0 this is the general term for aperson trained in the law andauthori$ed to advice and representothers in legal matters

Lea/ C'%*sel 0 the counsel on eitherside of a litigated action who ischarged with the principal

management and direction of a

party+s case, as distinguished fromhis !uniors or subordinates.

O+ C'%*sel 0 an e'perienced lawyer,

usually a retired member of the!udiciary, employed by law firms asconsultants.

Pactici*g La,&e 0 one engaged in thepractice of law who by license areofficers of the court and who areempowered to appear, prosecuteand defend a client+s cause.

P' Se 4 an appearance by a lawyer inhis own behalf.

Tial La,&e 0 one who personallyhandles cases in court,administrative agencies of boardswhich means engaging in actual trialwor&, either for the prosecution orfor the defense of cases of clients.

II .THE CANONS OFPROFESSIONAL

RESPONSIBILITY

Cha)te I The La,&e a*/ S'ciet&/A=7= -

1. Bphold the /onstitution andobey the laws of the land

2. ;a&e legal services availablein an efficient andconvenient manner

". Bse of true, honest, fair,dignified and ob!ectiveinformation in ma&ing &nownlegal services

#. )articipate in the

improvement of the legalsystem4. eep abreast of legal

development and participatein continuing legal educationprogram and assist indisseminating informationregarding the law and!urisprudence

6. Applicability of the /)5 tolawyers in the governmentservice




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Cha)te II The La,&e a*/ the LegalP'+essi'*

/A=7= -8. At all times uphold the

integrity and dignity of the)rofession and support theactivities of the I)

. /onduct himself withcourtesy, fairness andcandor toward his colleaguesand avoid harassing tactics

9. =ot to directly or indirectlyassist in the unauthori$edpractice of law

Cha)te III The La,&e a*/ the C'%ts/A=7= -

1F. 7wes candor, fairness andgood faith to the court

11. 7bserve and maintain therespect due courts and!udicial officers

12. 3uty to assist in the speedyand efficient administrationof !ustice

1". 5ely upon the merits of hiscause, refrain from anyimpropriety which tends toinfluence courts, or give theappearance of influencing

the courtCha)te I! The La,&e a*/ the Clie*t/A=7= -

1#. =ot to refuse his services tothe needy

14. 7bserve candor, fairness andloyalty in all his dealings andtransactions with clients

16. old in trust all the moneysand property of his clientthat may come to hispossession

18. 7wes fidelity to clientscause and be mindful of thetrust and confidence reposedin him

1. (erve client withcompetence and diligence

19. 5epresent client with $ealand within the bounds of law

2F. /harge only fair andreasonable fees

21. )reserve the confidence andsecrets of client even afterthe atty.-client relation is

terminated

22. ithdraw services only forgood cause and upon notice

LAWYER;S DUTIES TO SOCIETY

CANN 1: UPHOLD THE CONSTITUTIONAND OBEY THE LAWS OF THE LAND

DISCOURAGING LAW SUITSBnder R%le >.?@, a lawyer shall not

for any corrupt motive or interest,encourage any suit or proceeding ordelay any man+s cause.CRIME OF MAINTENANCE 0 A lawyerowes to society and to the court the dutynot to stir up litigation. *he following

are %*)'+essi'*al acts within theprohibition

1. Eolunteering advice to bringlawsuit e'cept where ties ofblood, relationship, and trustma&e it a duty to do so.

2. unting up defects in titles orother causes of action andinforming thereof to beemployed to bring suit or collect!udgment, or to breed litigationby see&ing out claims forpersonal in!uries or any othergrounds to secure them asclients.

". 0mploying agents or runners forli&e purposes.

#. )aying direct or indirect rewardto those who bring or influencethe bringing of such cases to hisoffice.

4. (earching for un&nown heirs andsoliciting their employment.

6. Initiating a meeting of a club andinducing them to organi$e and

contest legislation under hisguidance.8. )urchasing notes to collect them

by litigation at a profit.

A lawyer shall refrain fromcommitting barratry and ambulancechasing of cases.

Baat& – offense of fre%uently incitingand stirring up %uarrels and suits. *helawyer+s act of fomenting suits amongindividuals and offering his legal services

to one of them




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A($%la*ce Chasi*g – a lawyer+s act ofchasing the victims of an accident forthe purpose of tal&ing to the same victim

or the latter+s relatives and offering hislegal services for the filing of the caseagainst the person who caused theaccident.

A($%la*ce Chase – is a lawyer whohaunts hospitals and visits the homes ofthe afflicted, officiously intruding theirpresence and persistently offering hisservice on the basis of a contingent.

Ambulance chasing has spawnedrecogni$ed evils such as @FSMD#

1. Fomenting of litigation withresulting burdens on the courtsand the public.

2. Subornation of per!ury.3. Mulcting of innocent persons by

!udgments, upon manufacturedcauses of action.

4. Defrauding of in!ured personshaving proper causes of actionbut ignorant of legal rights andcourt procedures by means ofcontracts which retaine'orbitant percentages of

recovery and illegal charges forcourt costs and e'penses and bysettlement made for %uic&returns of fees and against the!ust rights of the in!uredpersons.

CANN 2: MAING A!AILABLEEFFICIENT LEGAL SER!ICEA lawyer shall not re!ect, e'cept

for valid reasons, the cause of thedefenseless or the oppressed. (Rule2.01)

0ven if the lawyer does notaccept a case, he shall not refuse torender legal advice to the personconcerned if only to the e'tentnecessary to safeguard the latter+srights. (Rule 2.02)

CANN : USE OF TRUE- HONEST- FAIRAND OB5ECTI!E INFORMATION INMAING NOWN LEGAL SER!ICES

AD!ERTISING AND SOLICITATION

General Rule$ A lawyer cannotadvertise his talent, as he is a memberof an honorable profession whoseprimary purpose is to render public

service and help secure !ustice and inwhich the remuneration is a mereincident.

It is highly unethical for anattorney to advertise his talents or s&illas a merchant advertises his wares. [!ne$ 9a3oda #& Pil 42]

Exceptions$1. riting legal articles2. 0ngaging in business or otheroccupations e'cept when suchcould be deemed improper, be

seen as indirect solicitation orwould be the e%uivalent of lawpractice.3. :aw lists, but only briefbiographical and informativedata4. 7rdinary, professional cards5. =otice to other local lawyersand publishing in a legal !ournalof one+s availability to act as anassociate for them6. *he proffer of free legalservices to the indigent, even

when broadcasted over the radioor tendered through circulationof printed matter to the generalpublic.7. (ee&ing a public office,which can only be held by alawyer or, in a dignified manner,a position as a full timecorporate counsel.8. (imple announcement of theopening of a law firm or ofchanges in the partnership,associates, firm name or officeaddress, being for theconvenience of the profession.9. :isting in a phone directory,but not under a designation of aspecial branch of law.10. Activity of an association forthe purpose of legalrepresentation.

S'licitati'* '+ Cases C'*stit%tesMal)actice




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*he law prohibits lawyers fromsoliciting cases for the purpose of gain,either personally or through paid agentsor bro&ers and ma&es the act

malpractice KRule 1&, se". 2*, Rules o:Cout]. *he rule prohibits professionaltouting. =either shall a lawyer “chargerates lower than those customarilyprescribed unless the circumstances sowarrant.

USE OF LAW FIRM NAME1. In the choice of a firm name, no false,misleading or assumed name shall beused. *he continued use of the name ofa deceased partner is permissibleprovided that the firm indicates in all its

communications that said partner isdeceased. [Rule &.02, Code o:Po:essional Responsiility] . ence, therule abandoned the doctrine laid down inthe case of !n e$ Sy"ip, -2 SCRA 1(1-*-).Reason: All of the partners by their!oined efforts over a period of yearscontributed to the goodwill attached tothe firm name, and this goodwill isdisturbed by a change in firm nameevery time a partner dies.

2. here a partner accepts public office,he shall withdraw from the firm and hisname shall be dropped from the firmname unless the law allows him topractice concurrently. [Rule &.02, Codeo: Po:essional Responsiility] .

". >ilipino lawyers cannot practice lawunder the name of a foreign law firm, asthe latter cannot practice law in the)hilippines and the use of the foreignlaw firm in the country is unethical.@a"anay vs. a;e < M"=en>ie, 6.R.

Ad%. Case o. 21&1)

CANN ': PARTICIPATE IN THEIMPRO!EMENT OF THE LEGAL SYSTEM

78a%ples$1. )resenting position papers or

resolutions for the introductionof pertinent bills in /ongress?

2. )etitions with the (/ for theamendment of the 5ules of/ourt.

CANN ) EEP ABREAST OF LEGAL DE!ELOPMENTS AND PARTICIPATE IN

CONTINUING LEGAL EDUCATIONPROGRAM

THREE4FOLD OBLIGATIONS OF ALAWYER

1. e owes it to himself to continueimproving his &nowledge of thelaw.

2. e owes it to his profession tota&e an active interest in themaintenance of high standards oflegal education.

". e owes it to the lay public toma&e the law a part of their

social consciousness.

Ba Matte ? MANDATORYCONTINUING LEGAL EDUCATION "MCLE#@Adopting the 5ules on the /ontinuing :egal0ducation for ;embers of the Integrated ar

of the )hilippinesAugust , 2FFF

P%)'se *o ensure that throughouttheir career, they &eep abreast with lawand !urisprudence, maintain the ethicsof the profession and enhance the

standards of the practice of law.

Re%ie(e*ts '+ C'()leti'* '+ MCLE;embers of the I), unless

e'empted under 5ule 8, shall completeevery three @" years at least "6 hours ofcontinuing legal education activities.*he "6 hours shall be divided as follows

a. 6 hours – legal 0thicsb. # hours – trial andpretrial s&illsc. 4 hours – alternativedispute resolution

d. 9 hours – updates onsubstantive and procedural lawsand !urisprudencee. # hours – writing and oraladvocacyf. 2 hours – internationallaw and internationalconventionsg. 6 hours – such othersub!ects as may be prescribed bythe /ommittee on ;/:0

Paties E=e()te/ +'( the MCLE




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1. *he )resident, Eice-)resident,and the (ecretaries andBndersecretaries of e'ecutivedepartments?

2. (enators and ;embers of theouse of 5epresentatives?

". *he /hief Custice and AssociateCustices of the (/, incumbentand retired !ustices of the!udiciary, incumbent members ofthe Cudicial and ar /ouncil andincumbent court lawyers coveredby the )hilippine CudicialAcademy )rogram of continuinglegal education?

#. *he /hief (tate /ounsel, /hief(tate )rosecutor and Assistant

(ecretaries of the 3epartment ofCustice?

4. *he (olicitor-Deneral and theAssistant (olicitor-Deneral?

6. *he Dovernment /orporate/ounsel, 3eputy and AssistantDovernment /orporate /ounsel?

8. *he /hairman and ;embers ofthe /onstitutional /ommissions?

. *he 7mbudsman, the 7verall3eputy 7mbudsman, the 3eputy7mbudsman and the (pecial)rosecutor of the 7ffice of the

7mbudsman?9. eads of government agencies

e'ercising %uasi-!udicialfunctions?

1F. Incumbent deans, bar reviewersand professors of law who haveteaching e'perience for at least1F years in accredited lawschools?

11. *he /hancellor, Eice-/hancellorand members of the /orps of)rofessional :ecturers of the)hilippine Cudicial Academy? and

12. Dovernors and ;ayors

Othe E=e()te/ Paties1. *hose who are not in law

practice, private or public2. *hose who have retired from law

practice with the approval of theI) oard of Dovernors

G''/ Ca%se +' E=e()ti'* +'( '('/i+icati'* '+ e%ie(e*t

A member may file a 1ei+ie/

e%est setting forth good cause for

e'emption (su" as pysi"al disaility,illness, post+3aduate study aoad,

poven e8petise in la?) fromcompliance with or modification of any

of the re%uirements, including ane'tension of time for compliance, inaccordance with procedure to beestablished by the committee on ;/:0.

P''+ '+ e=e()ti'* Applications fore'emption from or modification of the;/:0 re%uirement shall be under oathand supported by documents.

C'*se%e*ces '+ N'*4C'()lia*ce1. A member who fails to comply

with the re%uirements after the

6F-day period shall be listed asdelin%uent member by the I)oard of Dovernors uponrecommendation of the/ommittee on ;/:0.

2. *he listing as a delin%uentmember is administrative innature but shall be made withnotice and hearing by the/ommittee on ;/:0.

CANN *: APPLICABILITY OF THE CPRTO LAWYERS IN THE GO!ERNMENT

SER!ICE

Resticti'* Agai*st Usi*g P%$lic O++icet' P'('te Pi1ate I*teest

)ublic officials and employees duringtheir incumbency shall =7*

1. 7wn, control, manage or acceptemployment as officer,employee, consultant, counsel,bro&er, agent, trustee ornominee in any privateenterprise regulated, supervisedor licensed by their office unlesse'pressly allowed by law

2. 0ngage in the private practice oftheir profession unlessauthori$ed by the constitution orlaw, provided that such practicewill not conflict or tend toconflict with their officialfunctions.

". 5ecommend any person to anyposition in a private enterprisewhich has a regular or pendingofficial transaction with their

officeLEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i



16/54


#. Bse or divulge confidential orclassified information officially&nown to them by reason of theiroffice and not available to the

public.

Resticti'*s Agai*st F'(e O++icial+'( Acce)ti*g Cetai* E()l'&(e*t

A lawyer shall =7*, after leaving thegovernment service, accept engagementor employment in connection with anymatter in which he had intervened whilein said service. [Rule '.0&, Code o:Po:essional Responsiility]

Se"tion * (), RA '*1& prohibits anyformer public official or employee for aperiod of one year after retirement or

separation from office to practice hisprofession in connection with any othermatter before the office he used to bewith.

THE LAWYER AND THE LEGALPROFESSION

CANN +: UPHOLD THE INTEGRITY ANDDIGNITY OF THE PROFESSION AND

SUPPORT THE ACTI!ITIES OF THE IBP

A lawyer shall be answerable for&nowingly ma&ing a false statement orsuppressing a material fact, inconnection with his application foradmission to the bar. (Rule *.01)

A lawyer shall not, whether inpublic or private life, behave in ascandalous manner to the discredit ofthe legal profession. (Rule *.0&)

CASE /ounsel+s act of filing multiplecomplaints against herein complainant+sreflects on his fitness to be a member of

the legal profession. is act evincesvindictiveness, a decidedly undesirabletrait whether in a lawyer or anotherindividual, as complainants wereinstrumental in respondent+s dismissalfrom the !udiciary. (Saunido vs.Madono, &'' SCRA 1, Septe%e 2',2001)

CANN !: COURTESY- FAIRNESS ANDCANDOR TOWARD HIS COLLEAGUES AND

A!OID HARASSING TACTICS

A lawyer shall not, in hisprofessional dealings, use languagewhich is abusive, offensive or otherwiseimproper. (Rule .01)

CASE Although aware that theplaintiff students were represented bycounsel, respondent attorney, counselfor the defendants proceeded,nonetheless, to negotiate with them andtheir parents without at the very leastcommunicating the matter to theirlawyer. *his failure of respondent is anine'cusable violation of the canons ofprofessional ethics and in utter disregardof a duty owing to a colleague.@Ca%a"o vs. Pan3ulayan, &2 SCRA '&1,Ma" 22, 2000)

CANN : PRE!ENTING UNAUTHORI6EDPRACTICE OF LAW

)ublic policy re%uires that thepractice of law be limited to thoseindividuals found duly %ualified ineducation and character.%urpose: *o protect the public, thecourt, the client and the bar from theincompetence or dishonesty of thoseunlicensed to practice law and notsub!ect to the disciplinary control of thecourt.

1. A lawyer is prohibited fromallowing an intermediary tointervene in the performance ofhis professional obligation.

2. A lawyer cannot delegate to anyun%ualified person theperformance of any tas& whichby law may only be performed bya member of the ar in goodstanding.

". A lawyer cannot divide orstipulate a fee for legal serviceswith a person not licensed topractice law.

Exceptions:1. here there is a pre-e'isting agreement with apartner or associate that, uponthe latter+s death, money shallbe paid over a reasonable periodof time to his estate or topersons specified in theagreement?




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2. here a lawyer underta&esto complete unfinished legalbusiness of a deceased lawyer?". here a lawyer or law firm

includes non-lawyer employeesin a retirement plan, even if theplan is based in whole or in parton a profit-sharing arrangement.

LAWYER;S DUTIES TO COURTS

CANN 10: CANDOR- FAIRNESS AND GOOD FAITH TO COURTSA lawyer shall =7* do any

falsehood, nor consent to the doing ofany in court? nor shall be misled, or

allow the court to be misled by anyartifice. (Rule 10.01)

RE3UIREMENTS OF CANDOR1. A lawyer shall not suppress material

and vital facts which bear on themerit or lac& of merit of complaintor petition?

2. A lawyer shall volunteer to the courtany development of the case whichhas rendered the issue raised mootand academic?

". 3isclose to court any decision adverseto his position of which opposingcounsel is apparently ignorant andwhich court should consider indeciding a case?

#. e shall not represent himself aslawyer for a client, appear for clientin court and present pleadings, onlyto claim later that he was notauthori$ed to do so.

Note: A lawyer is not an umpire but anadvocate. e is not obliged to refrainfrom ma&ing every proper argument in

support of any legal point because he isnot convinced of its inherent soundness.=either is he obliged to suggestarguments against his position.

A lawyer shall NOT &nowinglymis%uote or misrepresent the contentsof a paper, the language or theargument of opposing counsel, or thete't of a decision or authority, or&nowingly cite as a law a provisionalready rendered inoperative by repeal

or amendment, or assert as a fact thatwhich has not been proved. (Rule 10.02)

A lawyer shall observe the rules ofprocedure and shall =7* misuse them to

defeat the ends of !ustice. (Rule 10.0&)

CANN 11: OBSER!ANCE OF RESPECT DUE THE COURTS

A lawyer shall observe andmaintain the respect due to the courtsand to !udicial officers and should insiston similar conduct by others.

A lawyer should show respectdue the court and !udicial officer byappearing during the trial of a casepunctually and in proper attire.

A lawyer+s language should be

forceful but dignified, emphatic butrespectful as befitting an advocate andin &eeping with the dignity of the legalprofession.

RIGHT AND DUTY OF LAWYER TOCRITICI6E COURTS

*he fact that a person is alawyer does not deprive him of the right,en!oyed by every citi$en, to comment onand critici$e the actuations of a !udge.

owever, what he can ordinarilysay against a concluded litigation and

the manner the !udge handed down thedecision therein may NOT generally besaid to a pending action. *he court, in apending litigation, must be shielded fromembarrassment or influence in its allimportant duty of deciding the case. 7nthe other hand, once a litigation isconcluded the !udge who decided it issub!ect to the same criticism as anyother public official because then hisruling becomes public property and isthrown open to public consumption.

ut it is the cardinal condition ofall such criticism that it shall be bonafide, and shall not spill over the walls ofdecency and propriety.

CANN 12: ASSISTING IN SPEEDY AND EFFICIENT ADMINISTRATION OF 5USTICE

A lawyer shall NOT appear fortrial unless he has ade%uately preparedhimself on the law and the facts of hiscase, the evidence he will adduce andthe order of its presentation. e shouldalso be ready with the original

documents for comparison with theLEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i



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copies. [Rule 12.01 Code o: Po:essionalResponsiility]

A lawyer shall NOT unduly delay

a case, impede the e'ecution of!udgment or misuse court processes.[Rule 12.04, Code o: Po:essionalResponsiility]

CASE *he /ourt further commentedthat it is understandable for a party inthe situation to ma&e full use of everyconceivable legal defense the law allowsit. In the appraisal, however, of suchattempts to evade liability to which aparty should respond, it must ever be&ept in mind that procedural rules are

intended as an aid to !ustice, not asmeans for its frustration. *echnicalitiesshould give way to the realities of thesituation. (7"ono%i" !nsuan"e Co., !n".vs. y Realty Co.)

*he duty of a lawyer to assist inthe speedy and efficient administrationof !ustice includes the duty to refrainfrom tal&ing to his witness during abrea& or recess in the trial while thewitness is still under e'amination.

FORUM SHOPPING - the act of filingrepetitious suits in different courts. It iscommitted through the following1. Doing from one court to another in

the hope of securing a favorablerelief in one court, which anothercourt has denied.

2. >iling repetitious suits orproceedings in different courtsconcerning the same sub!ectmatter after one court hasdecided the suit with finality.". >iling a similar case in a!udicial court after receiving anunfavorable !udgment from anadministrative tribunal.

>orum shopping is prohibited bySupre-e Court Circular No. 2!$1, andthe corresponding penalties for violationthereof are as follows

1. Any violation of this circularshall be a cause for the summarydismissal of the multiple petitionor complaint?

2. Any willful and deliberate forumshopping by any party and hislawyer with the filing of multiplepetitions or complaints to ensure

favorable action shall constitutedirect contempt of court?

3. *he submission of a fa&ecertification under par. 2 of the/ircular shall li&ewise constitutecontempt of court, withoutpre!udice to the filing of acriminal action against the guiltyparty. *he lawyer may also besub!ected to disciplinaryproceedings.

CANN 1: A!OIDING IMPROPRIETY

THAT TENDS TO INFLUENCE THE COURTA lawyer shall rely upon the

merits of his cause and refrain from anyimpropriety which tends to influence, orgives the appearance of influencing thecourt.

A lawyer shall not e'tende'traordinary attention or hospitality to,nor see& opportunity for cultivatingfamiliarity with !udges [Rule 1&.01, Codeo: Po:essional Responsiility]

A lawyer shall not ma&e publicstatements in the media regarding a

pending case tending to arouse publicopinion for or against a party. [Rule1&.02, Code o: Po:essionalResponsiility]

A lawyer shall not brook nor inviteinterference by another branch or agency of

the government in the normal course of u!icial "rocee!ings. [Rule 13.03 Code of

Professional Responsibility]

ATTORNEY4CLIENT

RELATIONSHIP

NATURE OF RELATION1. strictly personal?2. highly confidential andfiduciary

GENERAL RULES PROTECTINGATTORNEY4CLIENT RELATIONSHIPS

1. est efforts must be e'erted bythe attorney to protect hisclient+s interest?




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2. *he attorney must promptlyaccount for any fund or propertyentrusted by or received for hisclient?

". An attorney cannot purchase hisclient+s property or interest inlitigation?

#. *he privacy of communicationsshall at all times be upheld?

4. An attorney cannot represent aparty whose interest is adverseto that of his client even afterthe termination of the relation.

CREATION OF RELATION FORMS OFEMPLOYMENT AS COUNSEL TO A CLIENT

19 Oal – when the counsel is employedwithout a written agreement, butthe conditions and amount ofattorney+s fees are agreed upon.

2. E=)ess − when theterms and conditions includingthe amount of fees, aree'plicitly stipulated in a writtendocument which may be aprivate or public document.ritten contract of attorney+sfees is the law between thelawyer and the client.3. I()lie/ – when there isno agreement, whether oral orwritten, but the client allowedthe lawyer to render legalservices not intended to begratuitous without ob!ection,and the client is benefited byreason thereof.

Note: hile a written agreement forprofessional services is the best evidenceto show the relation, formality is not anessential element of the employment of

an attorney. *he absence of a writtencontract will not preclude a finding thatthere is a professional relationship.3ocumentary formalism is not anessential element in the employment ofan attorney? the contract may bee'press or implied.

AD!ANTAGES OF A WRITTEN CONTRACTBETWEEN THE LAWYER AND THECLIENT

1. It is conclusive as to theamount of compensation.

29 In case of un!ustified dismissal of anattorney, he shall be entitled torecover from the client fullcompensation stipulated in the

contract [RA '&'].

CANN 1': NOT TO REFUSE HIS SER!ICES TO THE NEEDY

RIGHT TO DECLINE EMPLOYMENTECEPTIONS

General Rule: A lawyer is not obligedto act as legal counsel for any personwho may wish to become his client. ehas the right to decline employment.

Exceptions$1. A lawyer shall not refuse his

services to the needy.2. e shall not decline to represent

a person solely on account of thelatter+s race, se', creed orstatus of life or because of hisown opinion regarding the guiltof said person.

". e shall not decline, e'cept forserious and sufficient cause li&e@1 if he is not in a position tocarry out effectively orcompetently? @2 if he laborsunder a conflict of interestbetween him and theprospective client or between apresent and prospective client.

Reasons: I) Duidelines, Art.1, (ec. 1.)ublic (ervice

1. :egal aid is not a matter ofcharity but a public responsibility.2. It is a means for correction ofsocial imbalance.". :egal aid offices must be soorgani$ed as to give ma'imum

possible assistance to indigent anddeserving members of thecommunity and to forestallin!ustice.

DUTY TO DECLINE EMPLOYMENTA lawyer should decline

professional employment even thoughhow attractive the fee offered may be ifits acceptance will involve

1. A violation of any of the rules ofthe legal profession.




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2. =ullification of a contract whichhe prepared.

". Advocacy in any matter in whichhe had intervened while in the

government service.#. 0mployment, the nature of

which might easily be used as ameans of advertising hisprofessional services or his s&ill.

4. 0mployment with a collectionagency which solicits business tocollect claims.

6. Any matter in which he &nows orhas reason to believe that he orhis partner will be an essentialwitness for the prospectiveclient.

ETHICAL CONSIDERATIONS IN TAING ABAD CASEI* a Ci(i*al Case A lawyer may accepta losing criminal case because everyaccused is presumed innocent and isentitled to counsel.

I* a Ci1il Case *he rules and ethics ofthe profession en!oin a lawyer fromta&ing a bad case.

Reasons:1. *he attorney+s signature in every

pleading constitutes a certificateby him that there is good causeto support it and that it is notinterposed for delay, and willfulviolation of such rule shallsub!ect him to disciplinaryaction.

2. It is the attorney+s duty to“counsel or maintain suchactions or proceedings only asappear to him to be !ust andonly such defenses as he believesto be honestly debatable underthe law.

". A lawyer is not to encourageeither the commencement or thecontinuance of an action orproceeding, or delay any man+scause, for any corrupt motive orinterest.

#. A lawyer must decline toconduct a civil cause or to ma&ea defense when convinced that it

is intended merely to harass or

in!ure the opposite party or towor& oppression or wrong.

owever, a lawyer may accept alosing civil case provided that, in so

doing, he must not engage in dilatorytactics and must advise his client aboutthe prospects and advantage of settlingthe case through a compromise.

LAWYER;S DUTIES TO CLIENT

CANN 1): CANDOR- FAIRNESS ANDLOYALTY IN HIS DEALINGS AND

TRANSACTIONS WITH HIS CLIENTS

CONFLICT OF INTEREST

D%t& '+ a La,&e t' His Clie*t i* CaseThee is C'*+lict '+ I*teest

A lawyer, in conferring with aprospective client shall ascertain as soonas practicable whether the matter wouldinvolve a conflict with another client orhis own interest, and if so, shallforthwith inform the prospective client.[Rule 1#.01]

It is the duty of a lawyer at thetime of retainer to disclose to the clientall circumstances of his relations to theparties and any interest in connectionwith the controversy, which mightinfluence the client in the selection ofcounsel.

It is unprofessional to representconflicting interests, e'cept by e'pressconsent of all concerned given after afull disclosure of facts. ithin themeaning of this /anon, a lawyerrepresents conflicting interests when, inbehalf of one client it is his duty tocontend for that which duty to another

client re%uires him to oppose.

Tests t' Dete(i*e C'*+licti*gI*teests

1. ill the attorney bere%uired to contest for thatwhich his duty to anotherclient re%uires him toopposeL (Con&lictin /uties"2. ill the acceptance of anew relation invite suspicionandHor actually lead tounfaithfulness or double-

dealing towards another




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clientL (nitation o&suspicion"3. ill the attorney becalled upon in his new

relation to use against hisfirst client any &nowledgeac%uired in the previousemploymentL (Use o& priorno3le/e o4taine/"

INSTANCES WHEN A LAWYER ISCONSIDERED HA!ING CONFLICTING

DUTIES1. As an employee of a corporation

whose duty is to attend legalaffairs, he cannot !oin a laborunion of employees in that

corporation?2. As a lawyer who investigated an

accident as counsel for aninsurance, he cannot representthe in!ured person?

". As a receiver of a corporation,he cannot represent thecreditor?

#. As a representative of theobligor, he cannot represent theobligee?

4. As a lawyer representing a partyin a compromise agreement, he

cannot be subse%uent lawyerrepresenting another client whosee&s to nullify the agreement?

E++ects '+ Re)ese*ti*g A/1eseI*teests

1. 3is%ualification ascounsel of new client on petitionof former client.2. here such is un&nownto, and becomes pre!udicial tothe interests of the new client, a!udgment against such may, onthat ground, be set aside.". A lawyer can be heldadministratively liable throughdisciplinary action and may beheld criminally liable forbetrayal of trust.#. *he attorney+s right tofees may be defeated if found tobe related to such conflict andsuch was ob!ected to by theformer client, or if there was aconcealment and pre!udice by

reason of the attorney+s previous

professional relationship withthe opposite party.

CASE Curisprudence instructs that

there is a representation of conflictinginterests if the acceptance of the newretainer will re%uire the attorney to doanything which will in!uriously affect hisfirst client in any matter in which herepresents him and also whether he willbe called upon in his new relation, touse against his first client any &nowledgeac%uired through their connection.Another test to determine if there is arepresentation of conflicting interests iswhether the acceptance of a newrelation will prevent an attorney from

the full discharge of his duty ofundivided fidelity and loyalty to hisclient or invite suspicion ofunfaithfulness or double dealing in theperformance thereof. (Po%ento, S. vs.

Atty. Ponteveda, A.C. o. #12, Ma"&1, 200#)

CANN 1*: LAWYER;S DUTY TO HOLD IN TRUST ALL THE MONEY AND

PROPERTY OF HIS CLIENT THAT MAYCOME TO HIS POSSESSION

PROHIBITION AGAINST PURCHASE OF

PROPERTY IN LITIGATION

Ele(e*ts '+ P'hi$iti'*1. *here is an attorney-client

relationship?2. *he property is in litigation?". *he attorney is the counsel of

record in the case?4. *he attorney, by himself or

through an agent, purchases suchproperty during the pendency ofsaid case [At. 14-1 o: te CivilCode]

Othe I*sta*ces Whee R%le isI*a))lica$le

1. here the property purchasedby a lawyer was not involved inlitigation.

2. here the sale too& place beforeit became involved in the suit.

". here the attorney at the timeof the purchase was not counselin the case.

#. here the purchaser of the

property in litigation was aLEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i



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corporation even though theattorney was an officer thereof.

4. here the sale too& place afterthe termination of the litigation.

6. A lawyer may accept anassignment from his client of amoney !udgment rendered in thelatter+s favor in a case in whichhe was not counsel, in paymentof his professional servicesperformed in another case.

8. )rohibition is inapplicable to acontract for attorney+s feescontingent upon the outcome ofthe litigation.

CANN 1+: FIDELITY TO THE CAUSE OF

HIS CLIENT AND MINDFUL OF THETRUST AND CONFIDENCE REPOSED IN

HIM

CASE 7rdinarily, lawyers are notobliged to act either as advisers or asadvocates of any person who may wish tobecome their client. *hey may declineemployment and refuse to acceptrepresentation, if they are not in aposition to carry it out effectively orcompetently. ut once they agree tohandle a case, attorneys are re%uired bythe /anons of )rofessional 5esponsibility

to underta&e the tas& with $eal, careand utmost devotion.

Acceptance of money from aclient establishes an attorney-clientrelationship and gives rise to the duty offidelity to the client+s cause. 0very caseaccepted by a lawyer deserves fullattention, diligence, s&ill andcompetence, regardless of importance.(Rollon vs. Atty. aaval, A.C. o. '424,Ma" 4, 200#)

CANN 1!: SER!E CLIENT WITHCOMPETENCE AND DILIGENCE

DUTY TO PROTECT CLIENT;S INTEREST*he attorney+s duty to

safeguard the client+s interestscommences from his retainer until hiseffective release from the case or thefinal disposition of the whole sub!ectmatter of the litigation. 3uring thatperiod he is e'pected to ta&e suchreasonable steps and such ordinary careas his client+s interests may re%uire.

PREPARATION OF PLEADINGSA lawyer shall not handle any

legal matter without any ade%uatepreparation. (Rule 1.02)

A lawyer should prepare hispleading with great care andcircumspection. e should refrain fromusing abrasive and offensive language,for it merely wea&ens rather thanstrengthens the force of legal reasoningand detracts from its persuasiveness. Inpreparing a complaint for damages,counsel for plaintiff should allege andstate the specific amounts claimed notonly in the body of the complaint butalso in the prayer, so that the properdoc&et fees can be assessed and paid.

DUTY TO EEP CLIENT FULLYINFORMED

A lawyer shall &eep the clientinformed of the status of his case. (Rule1.04)

e should notify his client of anadverse decision while within the periodto appeal to enable his client to decidewhether to see& an appellate review. eshould communicate with himconcerning the withdrawal of appealwith all its adverse conse%uences. *he

client is entitled to the fullest disclosureof the mode or manner by which hisinterest is defended or why certain stepsare ta&en or omitted.

5octrine o& -pute/ 6no3le/e the&nowledge ac%uired by an attorneyduring the time that he is acting withinthe scope of his authority is imputed tothe client.

It is based on the assumptionthat an attorney, who has notice ofmatter affecting his client, hascommunicated the same to his principalin the course of professional dealings.*he doctrine applies regardless ofwhether or not the lawyer actuallycommunicated to the client what helearned in his professional capacity, theattorney and his client being one!uridical person.Exceptions to t7e Rule t7at Notice toCounsel is Notice to Client

1. If strict application might fosterdangerous collusion to the

detriment of !ustice.




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2. (ervice of notice upon partyinstead of upon his attorney isordered by court.

". =otice of pre trial is re%uired to

be served upon parties and theirrespective lawyers.

#. In appeal from the lower courtto the 5*/, upon doc&eting ofappeal.

DUTY WHEN THE ACCUSED INTENDS TOPLEAD GUILTY

A PLEA OF GUILTY is anadmission by the accused of his guilt ofcrime as charged in the information andof the truth of the facts alleged,including the %ualifying and aggravating

circumstances.It is the duty of the defense

counsel when his client desires to entera plea of guilty to "ACEPA#

1. >ully ac%uaint himself with therecords and surroundingcircumstances of the case

2. Confer with the accused andobtain from him his account ofwhat had happened

3. Advise him of his constitutionalrights

4. *horoughly e'plain to him the

import of a guilty plea and theinevitable conviction that willfollow

5. (ee to it that the prescribed)rocedure which e'perience hasshown to be necessary to theadministration of !ustice isstrictly followed and disclosed inthe court records.

DUTY TO COMPLY WITH CLIENT;SLAWFUL RE3UEST

A client shall respond within areasonable time to the client+s re%uestfor information. (Rule 1.04)

A lawyer should endeavor tosee& instruction from his client on anysubstantial matter concerning thelitigation, which may re%uire decision onthe part of the client, such as whetherto compromise the case or to appeal anunfavorable !udgment. e should givehis client sound advice on any such andsimilar matters and comply with theclient+s lawful instructions relative

thereto. e should resist and should

never follow any unlawful instruction ofhis client.

CANN 1: DUTY TO REPRESENT

CLIENT WITH 6EAL AND WITHIN THEBOUNDS OF THE LAW

DUTY TO RESTRAIN CLIENT FROMIMPROPRIETY

A lawyer should use his bestefforts to restrain and to prevent hisclient from doing those things which hehimself ought not to do, particularlywith reference to the conduct towardthe court, !udicial officer, witness andsuitor and if the client persists in suchwrong doing, the lawyer should

terminate their relation.

D%t& t' A/1ice Ca*/i/l&As officers of the court, counsels

are under obligation to advise theirclients against ma&ing untenable andinconsistent claims. *he counsel shouldinform his client and dissuade him fromfiling the case if totally devoid of merit.If he finds that his client+s cause as fairlymeritorious and ripe for !udicialad!udication, he should refrain fromma&ing bold and confident assurances of

success.

D%t& '+ La,&e i* Case '+ *',le/ge '+Clie*t;s Fa%/

1. e must promptly callupon the client to rectify the sameand failing which,2. e shall terminate theirrelationship with such client inaccordance with the 5ules of /ourt.

AUTHORITY OF A LAWYER A))eaa*ce- the coming into court as aparty either as a plaintiff or as adefendant and as&ing relief therefrom.

y virtue of (ec. 2F, 5ule 1# ofthe 1998 5ules of /ivil )rocedure, thereis no more distinction between generalappearance and special appearance, inthe sense that a defendant may file amotion to dismiss not only on the groundof lac& of !urisdiction over his person butalso on some other grounds withoutwaving the !urisdiction of the court over

his person.LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEAS: !a" Ricasion Tu#a$i



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Pes%()ti'* '+ A%th'it&An attorney is presumed to be

properly authori$ed to represent any

cause in which

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