Canon 1-6

 

CANON 1: UPHOLD THE CONSTITUTION A AND ND OBEY THE L LA AWS OF THE LAND

DISCOURAGING LAW SUITS Under Rule 1.03, 1.03, a lawyer shall not for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause. CRIME OF MAINTENANCE – A – A lawyer owes to society and to the court the duty duty not tto o sti stirr up liti litigat gation ion.. The fo follow llowing ing are unp!" unp!"e##$!n% e##$!n%ll %&'# within the prohibition: 1. Vo Volunt lunteer eering ing advice advice to bring laws lawsuit uit ec ecept ept wher where e tie ties s of bloo blood, d, relationship, and trust ma!e it a duty to do so. ". #unti #unting ng up defects iin n titles or oth other er causes of action action and info informing rming thereof to be employed to bring suit or collect $udgment, or to breed litigation by see!ing out claims for personal in$uries or any other  grounds to secure them as clients. %. &mploying agents or runners for li!e purposes. '. (aying di direct rect or indi indirect rect rew reward ard to those w who ho bring or infl influence uence the bringing of such cases to his office. ). *earching for un!nown heirs and soliciting their employment. +. nitia nitiatin ting g a mee meetin ting g of a clu club b and induc inducing ing the them m to organi organi-e -e and contest legislation under his guidance. . (urchasing notes to collect them by litigation at a profit.  A lawyer shall refrain from committing barratry and ambulance chasing of cases. B%%'( / offense of fre0uently inciting and stirring up 0uarrels and suits. B%%'( / The lawyer’s act of fomenting suits among individuals and offering his legal services to one of them A)*ul%n&e C+%#$n, / C+%#$n, / a lawyer’s act of chasing the victims of an accident for the purpose of tal!ing to the same victim or the latter’s relatives and offering his legal services for the filing of the case against the person who caused the accident. A)*ul%n&e C+%#e   / is a lawyer who haunts hospitals and visits the homes of the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent.  Ambulance chasing has spawned recogni-ed evils such as: FSMDFSMD-

 

1. Fomenting of litigation with resulting burdens on the courts and the public. ". Subornation of per$ury per $ury.. %. Mulc ulcti ting ng of innoc innocen entt pe pers rsons ons by $udgm $udgmen ents ts,, up upon on ma manuf nufac actu tured red causes of action. '. Defrauding of in$ured persons having proper causes of action but ignorant of legal rights and court procedures by means of contracts which retain eorbitant percentages of recovery and illegal charges fo forr co court urt co cost sts s an and d e epen pense ses s an and d by se sett ttle leme ment nt ma made de for for 0ui 0uic! c! returns of fees and against the $ust rights of the in$ured persons. CANON 2: MAING A/AILABLE EFFICIENT LEGAL SER/ICE  A lawyer shall not re$ect, ecept for valid reasons, the cause of the defenseless or the oppressed. (Rule 2.01) &ven if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the etent necessary to safeguard the latter’s rights. (Rule 2.02) CANON 3: USE OF TRUE HONEST FAIR AND OBECTI/E INFORMATION IN MAING NOWN LEGAL SER/ICES

AD/ERTISING AND SOLICITATION General Rule:   A lawyer cannot advertise his talent, as he is a member  of an honorable profession whose primary purpose is to render public service and help secure $ustice and in which the remuneration is a mere incident. t is highly unethical for an attorn attorney ey to adverti advertise se his talents or s!ill as a merchant advertises his wares. wares . [In re: Tagorda Tagorda 53 Phil 42]  

Exceptions:

1. ".

2riting lle egal a arrticles &nga ngagin ging in bus usiines ess s or oth other occupa pattion ons s e ec cept when such could be deemed improper, be seen as indirect solicitation or would be the e0uivalent of law practice. %. 3aw li list sts, s, bu butt only only br brie ieff bio biogr graph aphic ical al an and d iinf nform ormat ativ ive ed dat ata a '. 4rdi rdinary ry,, pro professional nal cards ). 5ot otic ice e to ot othe herr local local llaw awy yer ers s and and pub publi lis shing hing in a le lega gall $o $our urna nall of  one’s availability to act as an associate for them

 

+.

The proffer of free legal services to the indigent, even when broadcasted over the radio or tendered through circulation of printed matter to the general public. . *e *ee! e!in ing g a pu publ blic ic of offi fice ce,, w whic hich hc can an only only be h hel eld d by a llaw awye yerr o or, r, in a dignified manner, a position as a full time corporate counsel. 6. *imp *imple le a ann nnou ounc ncem emen entt of of the the o ope peni ning ng o off a llaw aw ffir irm m o orr of ch chan ange ges s in the partnership, associates, firm name or office address, being for  the convenience of the profession. 7. 3isting in a phone one dire rec ctory ry,, but but not un und der a de des signa nattion of a special branch of law. la w. 18. Act Activi ivity ty o off an ass associ ociati ation on ffor or the the p purpo urpose se o off le legal gal rep repres resenta entatio tion. n.

S!l$&$'%'$!n !" C%#e# C!n#'$'u'e# M%lp%&'$&e The law prohibits lawyers from soliciting cases for the purpose of  gain, either personally or through paid agents or bro!ers and ma!es the act malprac mal practic tice e 9Rule ule 138 38,, se se. . 2! 2!,, Rules ules o" #ou our$ r$]. ].   Th The e rule rule pro prohi hibi bits ts professional touting. 5either shall a lawyer charge rates lower than those customarily prescribed unless the circumstances so warrant.; USE OF LAW FIRM NAME 1. n the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. [Rule 3.02, #ode o" Pro"essional Res%onsi&ili$'] . #ence, #en ce, the rule abando abandoned ned the doctrine doctrine laid down in the case of In re: 'i%, 2 #R* 1 (1!). Reason: All of the partners by their $oined efforts over a period of years contributed to the goodwill attached to the firm name, and this goodwill is disturbed by a change in firm name every time a partner dies. ". 2here a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him him to prac practi tic ce con oncu curr rren entl tly y.  [Rule 3.02, #ode o" Pro" ro"ession onal  al  Res%onsi&ili$'] . %. ". (etit (etitions ions wi with th the *= ffor or the amen amendment dment of tthe he ?ules of =ourt =ourt.. CA NON CANO N 52 EEP ABREAST OF LEGAL DE/ELOPMENTS AND PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM

THREEFOLD OBLIGATIONS OF A LAWYER2 1. #e owes it tto o himsel himselff to continu continue e improvi improving ng his !now !nowledge ledge of the law law.. ". #e owes it to his prof ofes ess sion to ta!e an active inte nteres rest in the maintenance of high standards of legal education. %. #e owe owes s it to the lay pub publi lic c to ma ma!e !e the law a part of the their ir soc socia iall consciousness.

B% M%''e 4502 MANDATORY CONTINUING LEGAL EDUCATION 6MCLEAdopting the ?ules on the =ontinuing 3egal &ducation for @embers of the ntegrated ar of the (hilippinesB  August 6, "888 Pup!#e2 To Pup!#e2  To ensure that throughout their career, they !eep abreast with law and $urisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. Re7u$e)en'# !" C!)ple'$!n !" MCLE @embers of the (, unless eempted under ?ule , shall complete every ev ery th three ree %B ye years ars at leas leastt %+ ho hours urs of co cont ntin inuin uing g legal legal ed educ ucat atio ion n activities. The %+ hours shall be divided as follows: a. + hours / legal &thics b. ' hours / trial and pretrial s!ills c. ) hours / alternative dispute resolution d. 7 ho hou urs / updat ates es on subs ubstant antive an and d proc oced edu ural law aws s and  $urisprudence e. ' hours / writing and oral advocacy f. " ho hours / international la law and in international c co onventions

 

g.

+ h ho ours / s su uch o otther s su ub$ects a as s m ma ay b be e p prrescribed b by y tth he =ommittee on @=3&

P%'$e# E8e)p'e9 "!) '+e MCLE 1. The (resident, ViceC(resident, and the *ecretaries and Undersecretaries of eecutive departments> ". *enator *enators s and @em @embers bers of th the e #ouse of ?epres ?epresentati entatives> ves> %. The =hief Dus Dustic tice e and A Asso ssocia ciate te Dust Dustice ices s of the *=, inc incumbe umbent nt and retired $ustices of the $udiciary, incumbent members of the Dudicial and an d a arr =o =oun unci cill an and d incu incumb mben entt co cour urtt lawy lawyer ers s co cove vere red d by the the (hilippine Dudicial Academy (rogram of continuing legal education> '. Th The e =h =hie ieff *t *tat ate e =oun =ounse sel, l, =h =hie ieff *t *tat ate e (r (ros osec ecut utor or an and d Ass ssis ista tant nt *ecretaries of the Eepartment of Dustice> ). The *olic *olicitorCFe itorCFeneral neral and the A Assist ssistant ant *olic *olicitorCF itorCFeneral> eneral> +. The Fovernmen nmentt =orpo rporat rate =oun uns sel, Eep eput uty y an and d Assistant Fovernment =orporate =ounsel> . The =hairm =hairman an and @embers of tthe he =onsti =onstitution tutional al =ommi =ommissions ssions>> 6. Th The e 4m 4mbu buds dsma man, n, th the e 4v 4ver eral alll Eep eput uty y 4m 4mbu buds dsma man, n, the the Ee Eepu puty ty 4mbu 4m buds dsma man n an and d th the e *p *pec ecia iall (r (ros osec ecut utor or of the the 4f 4fffice ice of the 4mbudsman> 7. #eads of gover government nment agencies agencies eercis eercising ing 0uasiC$ 0uasiC$udicia udiciall functio functions> ns> 18. ncumbent de dea ans, ba barr reviewers an and d professors of la law w wh who o have teaching eperience for at least 18 years in accredited law schools> 11. The The = =ha hanc ncel ello lorr, Vice ceC= C=ha hanc ncel ello lorr a and nd mem embe bers rs of the =o =orp rps s o of  f  (rofessional 3ecturers of the (hilippine Dudicial Academy> and 1". Fovernors and @ayors O'+e E8e)p'e9 P%'$e# 1. Those w who ho are not in law practi practice, ce, pri private vate or public ". Those w who ho have reti retired red from llaw aw practi practice ce with tthe he approv approval al of the  ( ( oard of Fovernors G!!9 C%u#e "! E8e)p'$!n "!) ! )!9$"$&%'$!n !" e7u$e)en'  A member may file a :e$"$e9 e7ue#'  e7ue#'  setting forth good cause for  eemption (suh as %h'sial disa&ili$', illness, %os$gradua$e s$ud' a&road,  %roen e7%er$ise in la9) la9) from  from compli compliance ance with or modificati modification on of any of the re0uirements, including an ete e tens nsio ion n of time time fo forr co comp mpli lianc ance, e, in ac acco corda rdanc nce e wi with th proc proced edure ure to be established by the committee on @=3&.

 

P!!" !" e8e)p'$!n2 Applications e8e)p'$!n2 Applications for eemption from or modification of the @=3& re0uirement shall be under oath and supported by documents. C!n#e7uen&e# !" N!nC!)pl$%n&e 1. A m member ember who fai fails ls to compl comply y with th the e re0uirem re0uirements ents aft after er the +8Cday period shall be listed as delin0uent member by the ( oard of  Fovernors upon recommendation of the =ommittee on @=3&. ". Th The e list listin ing g as a de deli lin0u n0uent ent member member is adm admin inis istr trat ativ ive e in nat nature ure but shall be made with notice and hearing by the =ommittee on @=3&. CANON 6: APPLICABILITY OF THE CPR TO LAWYERS IN THE GO/ERNMENT SER/ICE

Re#'$&'$!n A,%$n#' U#$n, Pu*l$& O""$&e '! P!)!'e P$:%'e In'ee#' (ublic officials and employees during their incumbency shall 54T: 1. 4wn 4wn,, cont control, rol, manage manage or accept accept employme employment nt as offi officer cer,, employee, employee, consultant, counsel, bro!er, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless epressly allowed by law ". &ng &ngage age in the priva private te pract practice ice of the their ir profes professio sion n unl unless ess auth authori ori-ed -ed by the constitution or law, provided that such practice will not conflict or tend to conflict with their official functions. %. ?ecomm ?ecommend end any perso person n to any position position in a private enterpris enterprise e which has a regular or pending official transaction with their office '. Use or divulg divulge e confidential confidential or class classified ified inf informati ormation on offic officially ially !n !nown own to them by reason of their office and not available to the public. Re# e#' '$& $&'$ '$!n !n# # A,% ,%$$n#' n#' F! F!) )e e O" O""$ "$&$ &$%l %l "!) "!) A&& &&ep ep'$ '$n, n, Ce'% e'%$n $n E)pl!()en'  A lawyer shall 54T 54T,, after leaving the government service, accept engagement or employment in connection with any matter in which he had in inte terv rven ened ed while hile in sa said id ser ervi vic ce. [R [Rul ule e .03 .03,, #o #ode de o" Pr Pro" o"es essi sion onal  al  Res%onsi&ili$']  e$ion ! (&), R* !13  !13   prohibits any former public official or employee for a period of one year after retirement or separation from office to practice his profession in connection with any other matter before the office he used to be with.