36 INTRODUCTION TO LAW

(4) The Supreme Court, III order to further the State'slegitimate interest in elevating the quality of professional services,may require that the cost of improving the profession in this fashionbe shared by the subjects and beneficiaries of the regularity program- the lawyers.

(5) And because it is a new regulation in exchange for newbenefits, it is not retroactive, it is not unequal, it is not unfair. (In reIntegration ofthe Bar ofthe Philippines, 22 SeRA 22-28-31,1978; Inre Edilion, A.M. No. 1928, August 3, 1978)

Chapter V

CODE OF PROFESSIONAL RESPONSIBILITY

BACKGROUND

In 1917, the Philippine Bar Association adopted Canons 1 to 32of the Canons of Professional Ethics ofthe American BarAssociation .In 1946, it adopted Canons 33 to 47 of the Canons of ProfessionalEthics of the American Bar Association. These Canons served asthe ethical rule that were followed and enforced by the courts, andwhich were observed as guiding principles of the lawyers, the courts,the Bar, and the public to ensure that due respect is given to the lawprofession.

In 1980, the Integrated Bar of the Philippines adopted aCode of Professional Responsibility. It was submitted later to theSupreme Court for approval. On June 21, 1988, the Supreme Courtpromulgated the Code of Professional Responsibility.

THE CODE OF PROFESSIONAL RESPONSIBILITY IS BINDINGUPON ALL LAWYERS

The Code has twenty-two (22) Canons, thus:

Canon 1 - A lawyer shall uphold the constitution, obeythe laws of the land and promote respect forlaw and for legal processes.

Canon 2 - A lawyer shall make his legal services availablein an efficient and convenient mannercompatible with the independence, integrityand effectiveness of the profession.

Canon 3 - A lawyer in making known his legal servicesshall use only true, honest, fair, dignified andobjective information or statement offacts.

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38 INTRODUCTION TO LAW CHAPTER VCODE OF PROFESSIONAL RESPONSmILITY

39

Canon 4 A lawyer shall participate in the improvementof the legal system by initiating or supportingefforts in law reform and in the improvement ofthe administration of justice.

Canon 5 A lawyer shall keep abreast of legal develop­ments, participate in continuing legal educa­tion programs, support efforts to achieve highstandards in law schools as well as in the prac­tical training oflaw students and assist in dis­seminating information regarding the law andjurisprudence.

Canon 6 These canons shall apply to lawyers in govern­ment service in the discharge of their officialtasks.

Canon 7 A lawyer shall at all times uphold the integrityand dignity of the legal profession and supportthe activities of the integrated bar.

Canon 8 A lawyer shall conduct himself with courtesy,fairness and candor toward his professionalcolleagues, and shall avoid harassing tacticsagainst opposing counsel.

Canon 9 - A lawyer shall not, directly or indirectly, assistin the unauthorized practice oflaw.

Canon 10 A lawyer 0wes candor, fairness and good faithto the court.

Canon 11 -

Canon 12 -

Canon 13

Canou ~4

A -lawyer shall observe and maintain therespect due to the courts and 1.0 judicial officersand should insist on similar conduct by others.

.-\. lawver shall exert every effort and considerit his duty to assist in the speedy and efficientadministration of justice.

A lawyer shall rely upon the merits of hUIcause ~nd refrain from any impropriety whichtends to influence, or gives the appearance ofinfluencing the court.

A lawyer shall not reiuse his services to theneedy.

Canon 15 - A Iawyer shall observe candor, fairness andloyalty in all his dealings lLT1d transactionswith his client.

Canon 16 - A lawyer shall .hold in trust all moneys andproperties of his client that may come into hispossession.

Canon 17 - A lawyer owes fidelity to the cauee of hisclient and he shall be mindful of the trust andconfidence reposed in him.

Canon 18 A lawyer shall serve his client with competenceand diligence,

Canon 19 A lawyer shall represent his client with zealwithin the bounds of the law.

Canon 20 A lawyer shall charge only fair and reasonablefees.

Canon 21 A lawyer shall preserve the confidences andsecrets of his client even after the attorney­client relation is terminated.

Canon 22 - A lawyer shall withdraw his services only forgood cause and upon notice appropriate in thecircumstances.

GOOD MORAL CHARACTER IS THE CORNERSTONE OF THECeDE OF PROFSSIONAL RESPONSIBILITY

BASIS:

1. Rule 138, Section 2, Revised Rules of Court

2. Canon 1, Rule 1.01

They provide as follows:

Rule 138, Sec. 2.

"Section 2. Requirements for all applicants for admissionto the Bar. - Every applicant for admission as a member ofthe bar must be citizen of the Philippinec, at least twenty-one(21) years of age, of good moral character, and a rosident ofthe Philippines; and must produce before the Supreme Courtsatisfactory evidence of good moral character and that no

40 INTRODUCTION TO LAW CHAPrERVCODE OF PROFESSIONAL RESPONSmILrrY

41

charges against him, involving moral turpitude, have beenfiled or are pending in any court in the Philippines."

Canon 1, Rule 1.01,

"Canon 1. A lawyer shall uphold the constitution, obeythe laws of the land and promote respect for law and for legalprocesses."

"Rule 1.01. A lawyer shall not engage in unlawful,dishonest, immoral or deceitful conduct,

TO GIVE TEETH TO RULE 138, THE REVISED RULES OF COURTf'ROVIDES THE FOLLOWING IN RULE 138, SECTION 27, THUS:

"Section 27. Attorneys removed or suspended by SupremeCourt on what grounds. - A member of the bar may be removed orsuspended from his office as attorney by the Supreme Court for anydeceit, malpractice, or other gross misconduct in such office, grosslyimmoral conduct, or by reason of his conviction of a crime involvingmoral turpitude, or for any violation of the oath which he is requiredto take before the admission to practice, or for a willful disobedienceof any lawful order of a superior court, or for corruptly or willfullyappearing as an attorney for a party to a case without authority todo so. The practice of soliciting cases at law for the purpose of gain,either personally or through paid agents or brokers, constitutesmalpractice.

GOOD MORAL CHARACTER IS NOT ONLY A REQUISIIE TOADMISSION TO THE PRACTICE OF LAW, BUT IT IS ALSO ACONT~NUING CONDITION TO REMAIN AS A MEMBER OF THELEGAL PROFESSION

It is a continuing requisite and condition for a lawyer to remainas a member of the legal profession for they are always required toconform to the highest standards of morality. At anytime, or whena Iawye; commits a wrongdoing which indicates the moral unfitnessfor the profession, whether it be professional or non-professional,justifies disciplinary action. (Emilio Grande vs. Atty. Evangeline DeSilva, A.C. No. 4838, July 29, 2003)

In B.M. No. 1154, June 8, 2004, entitled "In the matter ofthe Disqualification of Bar Examinee Haren S. Meling in the 2002Bar Examinations and for Disciplinary Action as a member of thePhilippine Shari'a Bar," the Supreme Court said.

Practice of law is not a right, but a privilege bestowedupon in.dioidual« who are notonly learned in the law, but whoare also known to possess good moral character. RespOndent'sconcealment speaks ofhis lack ofgood moral, character andresults in the forfeiture 01 the privilege bestowed on him as amember ofthe Shari'a Bar. - Practice oflaw, whether under theregular or the Shari'a Court, is not a matter of right but merely aprivilege bestowed upon individuals who are not only learned in thelaw but who are also known to possess good moral character. Therequirement ofgood moral character is not only So condition precedentto admission to the practice of law, its continued possession is alsofer remaining in the practice oflaw.

The standard form issued in connection with the applicationto take 2002 Bar Examinations requires the applicant to averthat he or she "has not been charged with any act or omissionpunishable by law, rule or regulation before a fiscal, judge, officeror administrative body, or indicted for, or accused or convictedby any court or tribunal of, any offense or crime involving moralturpitude; nor is there any pending case or charge against him/her."Despite the declaration required by the form, Meling did not revealthat he has three (3) pending criminal cases. His deliberate silenceconstitutes concealment, done under oath at that. (In the Matter ofthe Disqualification of Bar Examinee Helton S. Meling, B.M. No.1154, June 8, 2004)

The disclosure requirement is imposedby the Courttodeterminewhether there is satisfactory evidence of good moral character ofthe applicant. The nature of whatever cases are pending againstthe applicant would aid the Court in determining whether he isendowed with the moral fitness demanded of a lawyer, By concealingthe existence of such cases, the applicant then flunks the test offitness even if the cases are ultimately proven to be unwarrantedor insufficient to impugn or affect the good moral character of theapplicant.

Meling's concealment of the fact that there are three (3)pending criminal cases against him speaks ofhis lack ofthe requisitegood moral character and results in the forfeiture of the privilegebestowed upon him as a member of Shari'a Bar.

THE REQUIREMENT OF GOOD MORAL CHARACTER HAS THREE(3) OSTENSIBLE PURPOSES

These purposes are:

J.. To protect the public;

42 INTRODUCTION TO LAW CHAPrERVCODE OF PROFESSIONAL RESPONSIBIUTY

43

2. To protect the public image oflawyers; and

3. To protect prospective clients (Dentes vs. Dentes, A.C.6486, Sept. 22, 2004)

WHAT IS THE CONCEPT OF GOOD MORAL CHARACTER?

There is no exact definition of the term "good moral character."It has been held that moral character is what a person really is, asdistinguished from good reputation or from the opinion generallyentertained of him, the estimate in which he is held by the publicin the place where he is known. Moral character is not a subjectiveterm but one which corresponds to objective reality. The standard ofpersonal and professional integrity ic not satisfied by such conductas merely entitles the person to escape the penalty of criminal law.Good character includes at least common humility. (Royong vs.Oblema, 7 SCRA 859)

The requirement of good character is of much greater import,as far as the general public is concerned, than the possession ofthe legal learning. Lawyers are expected to abide by the tenets ofmorality, not only upon admission to the Bar but also throughouttheir legal career, in order to maintain one's good standing in thatexclusive and honored fraternity. Good moral character is more thanjust the absence of bad character. Such character expresses itself inthe will to do the unpleasant thing if it is right, and the resolve notto do the pleasant thing if it is wrong. This must be so because «Vastinterests are committed to his care; he is the recipient ofunboundedtrust and confidence; he deals with the client's property, reputation,his life, his all." (Cordon vs. Balicanta, A.C. No. 2797, Oct. 4, 2002)

DISBARMEiU AND DISCIPLINE OF ATTORN::;VS; HOW IS THISCONSTITUTED?

SECTION 1 (RULE 139-B)-Proceedings for the disbarment,suspension or discipline of attorneys may be taken by the SupremeCourt motu proprio, or by the Integrated Bar of the Philippines(lBP) upon the verified complaint of any person. The complaintshall state clearly and concisely the fact, complained of and shall besupported by affidavits of persons having personal knowleuge of thefacts therein alleged and/or by such documents as may substantiates.Jd facts.

Th~ loP Board lJ~ Governors may, motu proprio or unonreferral by the Supreme Court or by a Chanter Board of Officers, or

tI)

f(

I

,I

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at ~e ins~ceof any per:son, initiate and prosecute proper chargesagainst erring attorneys mcluding those in the government service.

Six (6) copies of the verified complaint shall be filed with theSecretaryofany ofits chapters who shall forthwith transmit the sameto the ffiP Board of Governors for assignment to an investigator.

LEOPOLDO V. CREDITO, ET AL. vs,ATTY. SALVADOR T. SABIO

Oct. 19. 2005FACTS:

The labor arbiter ordered the reinstatement of the employee!laborers of Binalbagan Isabela Sugar Company (Biscom) andawarded to them the amount ofP9,679,133.38 as total backwages.

The NLRC reversed the said decision which prompted thecomplainants, led by Credito, to ask Atty. Salvador T. Sabio, tofile a petition for certiorari with the Supreme Court. Complainantscollected amounts from members ranging from P30 to PlOO each todefray the expenses in filing the petition.

However, the Court dismissed the petition on March 2 1992for failure to pay the proper docket and filing fees and for lack oftherequired certification against forum shopping. Respondent allegedlydid not tell petitioners of the dismissal for three (3) years.

Complainants sought the disbarment of respondent fornegligence of duties. The matter was 1'P.ferred to the IBP whichinit1all~ found respondent guilty of simple neghgance and illegaland unjust actuations as a practicing lawyer for which the penaltyof2-year suspension was recommended. The IBP Board of Directorsreduced the penalty to a "warning" that a similar offense in thefuture would be dealt with more severely.

HELD:

.1. Canon 17 of the Code of Professional Responsibility!'roVldes that lawyers owe fidelity to the cause o[ their clientsand must therefore be always mindful of the trust and confidencereposed in them. Under Canon 18, they are mandated to serve their~lients with competence and diligence. Specifically, they are not to.neglect a ~ega! m&tt~~ entrusted to (them), and (their) negligencem connectIon. therowith shall render (thPTU) liable ." Additionally I

they are required to keep their clients informed of the status of the

44 INTRODUCTION TO LAW

latter'R cases and to respond within a reasonablo tim~ to rl'qllest.for information Even before joining the Bar, lawyers subscribe toan oath to conduct themselves "with all good fidelity as well to thecourts as to their clients."

2. The dismissal of complainants' petition before theSupreme Court was due to the failure of respondent to pay thetotal revised docket and other legal fees as well as to attach therequired certification on forum shopping. He attempted to rectifythose procedural lapses by filing a Motion for Reconsideration.Nonetheless, there is no denying the fact that he overlooked basicprocedural requirements that a normally prudent practitioner couldand should not have left unattended, especially when the rightssought to be protected were those of the underprivileged like thepresent complainants.

3. Lawyers engaged to represent clients in a case bear theresponsibility of protecting the latter's interest with warmth, zealand utmost diligence. They must constantly keep in mind that theiractions or omissions would be binding on the clients.

4. In Garcia us. Atty. Manuel, bad faith was ascribed to alawyer for failing to inform the client of the status of a case. In viewof their highly fiduciary relationship with their counsel, clients haveevery reason to expect from the former periodic and full updates oncase developments.

DISPOSITION:

Atty. Sabio was found guilty of violating Canons 17 and 18of the Canons of Professional Responsibility and for which he wasSUSPENDED from the practice oflaw for one (1) year effective uponreceipt of decision, with stern warning that similar acts in the futurewill be dealt with more severely.

Chapt~rVl

PERSONS

CONCEPT OF A PERSON

In Roman law, a person is one who is capable to exerciseownership and legal rights and to incur and contract obligations.Under this concept, a slave is not considered a personhe being merelyregarded then as a chattel, a thing that can be sold or disposed of atthe discretion of the master. Hence, a slave does not have the legalcapacity to exercise ownership and to incur and contract obligations.

The old and the new Constitutions of the Philippines, onthe other hand, guarantee aqua! protection of the laws and thismeans that no persons or class of person, whether rich or poor andregardless of his religious belief and political persuasion shall bedenied the same protection of the laws which is enjoyed' by otherpersons or other classes of persons in the same place and in likecircumstances. Special favor or privilege for any individual or classis prohibited. (Sec. 1, Art. Ill, 1987 Constitution)

Under the New Civil Code, a person may be a natural or ajuridical person. A natural person refers to a human being and ajuridical person refers to any of the following:

(1) The state and its political subdivision;

(2) Other corporations, institutions and entities for publicinterest or purposes, created by law;

(3) ?orporations, partnerships and associations for privatemterest or purpose to which the law grants a juridicalpersonality, separate and distinct from that of eachshareholder, partner or member. (Art. 44, NCC)

CAPACITY

III Roman law, legal capacity is referred to as full proprietarycapacity. To have this kino of capacity, a :iulllan bein« must be tree- ,

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