Problem Areas in Legal Ethics

PROBLEM AREAS IN LEGAL ETHICS Judge Modesto D. Bahul, Jr., LLM

Presiding Judge, MCTC Lamut-Kiangan-Tinoc-Asipulo, Ifugao Acting Presiding Judge, MCTC Tuba-Sablan, Benguet University Instructor, University of Baguio – School of Law

PALE Course Coverage ➢ Review of Legal Profession, Legal and Judicial Ethics with emphasis on “problem areas” I. Legal Profession ❑ Practice of law: definition, nature, requirements ❑ Rule 138, Rules of Court (Attorneys and admission to the bar) ❑ RA 7662 (Legal Education Act) ❑ Rule 138-A (Law Student Practice) ❑ Rule 139-A (Integrated Bar of the Philippines) II. Legal Ethics ❑ The Lawyer’s Oath ❑ Code of Professional Responsibility (CPR) ❑ MCLE and Notarial Law ❑ Civil, Criminal, and Administrative Liabilities of Lawyers – Art. 209, 210, 211, and 172 of the Revised Penal Code; contempt of court (Rule 71) ❑ Rules 139 and 139-B (Disbarment and Suspension) and Bar Matter No. 1645 (Oct. 13, 2015); other forms of disciplinary measure (warning, admonition, reprimand, suspension, censure); reinstatement

Course Coverage III. Judicial Ethics ❑ New Code of Judicial Conduct (A.M. No. 03-05-01-SC, took effect June 1, 2004) ❑ 1989 Code of Judicial Conduct ❑ Canons of Judicial Ethics (DOJ A.O. No. 162 dated August 1, 1946) ❑ Rule 140 ( Discipline of Judges) IV. Cases on: gross immorality, gross misconduct, moral turpitude, misappropriation of client funds, violation of notarial law, violation of MCLE requirement, contempt, disrespect, abusive language, conflict of interest, deceitful conduct, withdrawal as counsel, lawyer-client privilege, advertising, reasonable fees, attorney’s liens, V. Survey of 2017 cases in legal and judicial ethics

Problem Areas in Legal Ethics LEGAL ETHICS is less than 5% of the bar exams, but a major factor in your future success as a LAWYER, hence, a major area in MCLE! *** 30 Things to “MEMORIZE” in PALE: ➢ Definition and nature of the practice of law ➢ The Lawyer’s Oath and its significance 22 Canons of the CPR ➢ 6 Canons of New CJC ➢

Review of Legal Profession LEGAL PROFESSION – a branch of the administration of justice whose main purpose is to aid in the doing of justice according to law between state and the individual and between a man and a man. Implications: - Life, liberty and property entrustment - Dependence of other professions - Prestige of being a lawyer - 2nd level Civil Service eligibility (R.A. No. 1080) - Advancement of career Misconceptions: - “Big mouthed crocodiles” waiting for prey - “Judas” willing to sell his master for silver coins - Too many lawyers, a blank wall for progress (Only 10%-15% of more than 50,000 lawyers in the country are engaged in private practice)

Review of Legal Profession Nature of an Attorney Attorney – sometimes called an advocate or counsel, is one who aids in the administration of justice. - Generally understood as having reference to a class of persons who are by license constituted officers of the courts; - One whom peculiar duties, responsibilities and liabilities are devolved by law in consequence; - A person set apart by the laws of the land relating to the high interest of property, liberty and life; - An inherent element in our judicial system.

Review of Legal Profession Four-Fold Duties of a Lawyer: a. To the court b. To the Bar c. To the client d. To the public Profession – refers to a group of men pursuing a learned art as a common calling in the spirit of public service. Practice of law is a profession, a branch of the administration of justice, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character.

Review of Legal Profession Legal Profession – a privilege and a right Membership in the legal profession is a privilege granted by the state only to those deserving individuals. It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct. (In Re: Sycip, 92 SCRA 1) The ancient and learned profession of law exacts from its members the highest standard of morality. (Barrientos vs. Daarol, 218 SCRA 30)

Review of Legal Profession Legal Profession – a privilege and a right Good moral character is a condition which precedes admission to the Bar and is not dispensed with upon admission thereto. It is a continuing qualification which all lawyers must possess. (People vs. Tuanda, 181 SCRA 682) The members are in fact, enjoined to aid in guarding the Bar against the admission of candidates unfit, unqualified or deficient in either moral character or education. (In Re: Puno, 19 SCRA 439)

Review of Legal Profession Legal Profession – a privilege and a right The law as a profession precedes from the basic premise that membership in the Bar is a privilege burdened with conditions and carries with it the responsibility to live up to its exacting standards and honored traditions. (Ledesma vs. Climaco, 57 SCRA 473) The practice of law is a PRIVILEGE granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers, who are instruments in the effective and efficient administration of justice. (In Re: Argosino, 1997)

Review of Legal Profession Legal Profession – a privilege and a right Practice of law is in the nature of a right in the sense that a person admitted to the bar and possessing the continuing qualifications cannot be disbarred or prevented from the practice of law without legal ground and due process of law.

Review of Legal Profession Standards of the legal profession (according to Justice Vicente Mendoza) 1. Independence - It means getting immersed in the case of one’s client and then withdrawing from the emotional experience as a necessity for maintaining one’s independence. 2. Accessibility - It means not only maintenance of legal clinics for indigent persons, but just as deserving are those are financially capable to pay in full for the services of a lawyer.

Review of Legal Profession Standards of the legal profession (according to Justice Vicente Mendoza) 3. Learning - A lawyer must serve his client with competence and diligence (Canon 18, CPR), and shall keep abreast of the legal developments, participate in the continuing legal education program and support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in the dissemination of information regarding the law and jurisprudence (Canon 5, CPR).

Review of Legal Profession Basic skills and qualities required in the study of law: a) Dreams/Ambitions - A student should dream to become a lawyer. There is no place for half-heartedness in the law school. b) Perseverance - A law student must be determined to hurdle the bar even if it will take great degree of sacrifice for his part. Time management will help. c) Patience - Studying law requires a great degree of patience, reading and analyzing each provision of law, and in long years of study.

Review of Legal Profession 3-L’s to pass the bar (according to Dean Fortunato Gupit) a) Language - Language is the tool of the law. It is already presumed to be inherent with the student. Otherwise to be effective, it must be a matter of habit. b) Logic or Critical analysis - Together with language, logic is expected to be possessed by the law student. It is not about intelligence or brilliancy but accurately evaluating the facts. c) Law - It is not expected for a law student to know this but a lot of reading is. ***LAWYERS ARE MADE, NOT BORN***

Review of Legal Profession Practical Tips for Law Students Other Schools

Law School

Professor gives all assignments and tasks

Student assumes all assignments and tasks

Professors prescribe a particular method of analysis to be employed

Professors merely guide students in proper course of analysis

Spoon-feeding discussion – all topics and lessons being discussed by the professor

Socratic method – question and answer (recitation) as a way of discussion

Students rely on the inputs of the professor

Students are trained to be self-dependent

Review of Legal Profession Techniques in the Study of Law 1. Improve language skills and use dictionary 2. Learn to love reading 3. Improve study habits 4. Start building up a library 5. Improve penmanship 6. Observe common sense

Review of Legal Profession Bar examinations is required in order to test one’s learning and proficiency in law to avoid social danger. Subject % Exam Day Political Law 15 1st Sunday (AM) Labor Law 10 1st Sunday (PM) Civil Law 15 2nd Sunday (AM) Taxation 10 2nd Sunday (PM) Mercantile Law 15 3rd Sunday (AM) Criminal Law 10 3rd Sunday (PM) Remedial Law 20 4th Sunday (AM) Legal Ethics 5 4th Sunday (PM) TOTAL 100 *To pass the bar, examinee has to obtain an average of at least 75% in all subjects without however failing below 50% in any subject.

In Taking the Bar Examinations DO’s Secure and bring Notice of Admission Keep examinee’s identity secret Answer in own handwriting Insert the name card with name, signature, school, and right thumb mark at the back of examination notebook Use fountain pen or sign pen in blue, blueblack or black ink Secure approval from SC the use of noiseless typewriter in answering questions (Sec.10, Rule 138, ROC) In correcting mistakes, simply draw a line across the word or words to be changed Observe logic in answers Be neat and observe proper margins at all times

DON’T’s ❖ Carrying deadly weapons, cameras, tape recorders, radio, communication gadget, electronic devices ❖ Missing to take any subject is a bar in taking subsequent subjects ❖ Bringing of papers, books or notes ❖ Variation in the color of the ink ❖ Variation in the style of the handwriting ❖ Communicating with other examinees ❖ Any other form of erasures or tearing off any page of examination booklet ❖ Writing the name of the examinee in the booklet or making any unnecessary marking or impression for identification ❖ Examinee influencing any bar examiner

OUTLINE OF BAR EXAMS 


(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

1. Political and Public International Law • Political Law ❑ Constitutional law ❑ Administrative Law (excluding IRRs) ❑ Laws on Public Officers ❑ Public Corporations (including LGUs) ❑ Election Laws • Public International law 2. Labor and Social Legislation • Labor standards • Labor relations • Social Legislation

OUTLINE OF BAR EXAMS 


(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

3. Civil Law • Civil Code of the Philippines • The Family Code of the Philippines • Property Registration Decree • Conflict of Laws (Private International law) 4. Taxation • General Principles of taxation • National Internal Revenue Code • Tariff and Customs Code • R.A. No. 1125 Creating the Court of Tax Appeals • Provisions of Local Government Code on Taxation

OUTLINE OF BAR EXAMS 


(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

5. Mercantile Law • Code of Commerce • Bulk Sales Law • Warehouse Receipts Law • P.D. No. 115 on Trust Receipts • Negotiable Instruments Law • Insurance Code • Transportation laws • Corporation Law • Chattel Mortgage Law • Real Estate Mortgage Law • Law on Intellectual property • Insolvency Law • Truth in Lending act

OUTLINE OF BAR EXAMS 


(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

6. Criminal law • The Revised Penal Code • Indeterminate Sentence Law • Probation Law • Anti-Graft and Corrupt Practices Act • Anti-Fencing Law • Bouncing Checks Law • Dangerous Drugs Act • Heinous Crimes (R.A. No. 7659)

OUTLINE OF BAR EXAMS 


(Edgardo M. Villareal II, Legal Profession, 1st Edition (2002)

7. Remedial Law • The Rules of Court • The 1991 Rules on Summary Procedure • Local Government Code on Conciliation Procedures • The Judiciary Reorganization Act, as amended 8. Legal Ethics and Practical Exercises • Legal ethics • Judicial Ethics • Code of Professional Responsibility • Grievance Procedure (Rule 139-B, ROC) • Legal Forms

Admission to the Practice of Law The Supreme Court has the power, among others, to promulgate the rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Par.5, Sec. 5, Art. VIII of Constitution)

In Re: Cunanan, 94 Phil 534 Facts: Congress enacted R.A. No. 972 “An Act to Fix the Passing Marks for bar Examinations from 1946 up to and including 1955” or the Bar Flunkers Act. Section 2 of the said act provided that “A bar candidate who obtained a grade of 75% in any subject shall be deemed to have already passed that subject and the grades shall be included in the computation of the general average in subsequent bar examinations. Issue: Whether or not R.A. 972 is unconstitutional. Held: YES. Portions stricken out were due to the following reasons: 1.The law itself admits that flunkers have inadequate preparation; 2.The law is, in effect, a judgment revoking the resolution of the court; 3.The law is an encroachment on the Court’s primary prerogative to determine who may be admitted to practice law; 4.The pretended classification.

Practice of Law: definition and nature PRACTICE OF LAW - rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent. (Black’s Law Dictionary, 5th Ed.) - (classical concept) carrying on the calling of an attorney, usually for compensation, acting in a representative capacity and rendering service to another. (People vs. Villanueva, 14 SCRA 109) - (modern concept) means any activity, in our out of court, which requires the application of law, legal procedure, knowledge, training, and experience. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. [Cayetano v. Monsod, 201 SCRA 210 (1991)]*

Practice of Law: definition and nature Cayetano v. Monsod, (G.R. No. 100113, September 3, 1991) *FACTS: Christian Monsod after passing the bar, worked in his father’s firm for one year, then worked as an operations officer in the World Bank Group. He also worked with the Meralco Group upon his return to the Philippines, and then became chief executive officer of an investment bank, legal and economic consultant of various companies, National Chairman of NAMFREL, member of the 1986 Constitutional Commission, and then became a member of the Davide Commission. RULING: Interpreted in the light of the various definitions of the term “practice of law”, particularly the modern concept of law practice, and taking into consideration the liberal construction intended by the framers of the Constitution, Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator verily more than satisfy the constitutional requirement – that he has been engaged in the practice of law for at least 10 years.

Cayetano v. Monsod, 201 SCRA 210 (1991) *Justice Padilla, Dissenting: Practice of law means to exercise or pursue an employment or profession, actively, habitually, repeatedly or customarily. There must be continuity or a succession of acts. Several factors enumerated by the Commission on Appointments to determine “practice of law”: (1) Habituality - Practice is more than isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind, a habitual exercise. (2) Compensation - Practice of law implies that one must have presented himself in the active practice and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his services. (3) Application of law, legal principles, practice, or procedure Application of legal principle, practice, or procedure which calls for legal knowledge, training and experience is within the term “practice of law”. (4) Attorney-client relationship - When a lawyer undertakes an activity which requires the knowledge of law but involves no attorney-client relationship, such as teaching law or writing law books or articles, he cannot be said to be engaged in practice of his profession as a lawyer.

Cayetano v. Monsod, 201 SCRA 210 (1991) Dissenting Opinions Justice Padilla • Not just mere possession of knowledge • Active, habitual and customary action • Doctor of medicine performing habitually as nursing aide is not in the “practice of medicine” Justice Cruz • Uncomfortable that one need not be a lawyer to engage in the practice of law • Stock broker and insurance adjuster and the realtor may fall under this definition • A lawyer must earn from his profession • Possible exception is a lawyer teaching ballroom dancing or escorting wrinkled ladies with pubescent pretensions

Cayetano v. Monsod, 201 SCRA 210 (1991) Dissenting Opinions Justice Gutierrez “A person may have passed the bar examinations but if he has not dedicated his life to the law, if he has not engaged in an activity where membership in the bar is a requirement, I fail to see how he can claim to have been engaged in the practice of law.” NOT considered as Practice of Law: • Gratuitous furnishing of legal aid to the poor and unfortunates who are in pursuit of any civil remedy • Mere records of realty to ascertain what they may disclose without giving any opinion or advice as to legal effects of what they may be found • Ordinary preparation and drafting of legal instruments which does not involve the determination by a trained legal mind of the effects and conditions • If works involve clerical labor of filling in the blanks or a mere mechanical act of copying from a file copy or finished document which involved no legal thing.

Legal remedies for unauthorized practice of law: 1. Injunction 2. Declaratory relief 3. Contempt of court 4. Disqualification or complaints for disbursement 5. Criminal complaint for estafa through false representation to the damage of a party Duties and Privileges of a Lawyer RULE 138, Rules of Court Section 20. Duties of attorneys. — It is the duty of an attorney: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. (b) To observe and maintain the respect due to the courts of justice and judicial officers;

Duties and Privileges of a Lawyer Section 20, Rule 138, Rules of Court: (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. (end of 2/11/17 lecture) (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval;

Duties and Privileges of a Lawyer Section 20, Rule 138, Rules of Court: (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by justice of the cause with which he is charged; (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

Privileges of an attorney: 1. He has both the right and privilege to practice law during good behavior before any judicial, quasi-judicial or administrative tribunal; 2. He enjoys presumption of regularity in the discharge of his functions; 3. He enjoys immunity from liability to third person, in the performance of his obligation to his client, in so far as he does not materially depart from his character as a quasi-judicial officer;

Privileges of an attorney: 4. His statements, if relevant, pertinent or material to the subject of judicial inquiry are absolutely privileged; 5. He has the right to protest, in a respectful manner, any unwarranted treatment of a witness or any unjustified delay in the administration of justice; and 6. Passing the bar is equivalent to a first grade civil service eligibility for any position in the classified service in the government the duties of which require the knowledge of law, or a second level eligibility for any other government position.

Why is it necessary to determine whether or not an activity is under the definition of practice of law? - So as to determine whether the conduct or act of a party is subject to the rules on legal ethics and thus can be regulated by the Supreme Court, which has the power to control and regulate the practice of law.

The Integrated Bar of the Philippines Concept of integration Integration of the Bar means the official unification of all the lawyers in the Philippines. This requires membership and financial support (in reasonable amount) of every attorney as conditions sine qua non to the practice of law and to the retention of his name in the Roll of Attorneys of the Supreme Court.

The Integrated Bar of the Philippines Purpose of Integration 1. Assist in the administration of justice; 2. Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct; 3. Safeguard the professional interest of its members; 4. Cultivate among its members a spirit of cordiality and brotherhood; 5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar to the Bench and to the public, and publish information relating thereto; 6. Encourage and foster legal education;

The Integrated Bar of the Philippines Purpose of Integration Xxx 7. Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon; and 8. Enable the Bar to discharge its public responsibility effectively Power to Integrate the Bar The Constitution vests upon the Supreme Court the power to integrate the Philippine bar. Article VIII Section 5(5) gives the Supreme Court the power to “promulgate concerning pleadings, practice and procedure in all courts, the admission to the practice of law, the integrated bar.”

The Integrated Bar of the Philippines Constitutionality of Integration of the Bar “Because the practice of law is a privilege clothed with public interest, it is fair and just that the exercise of that privilege be regulated to assure compliance with the lawyer’s public responsibilities.” (In re: Integration of the Bar) a. Freedom of Association - Integration of the bar does not make a lawyer a member of any group which he is not already a member. He became a member of the bar when he passed the Bar examinations. All that integration actually does is to provide an official national organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member.

The Integrated Bar of the Philippines Constitutionality of Integration of the Bar b. Regulatory Fee - It does not mean that the Court levies a tax. A membership fee in the Integrated Bar is an exaction for regulation, while the purpose of a tax is revenue. c. Freedom of speech - A lawyer is free, as he has always been, to voice his views on any subject in any manner he wishes, even though such views be opposed to positions taken by the Unified Bar. d. Fair to all lawyers - [I]t will apply equally to all lawyers, young and old, at the time Bar integration takes effect, and because it is a new regulation in exchange for new benefits, it is not retroactive, it is not unequal, it is not unfair.

The Integrated Bar of the Philippines Membership in the IBP - All lawyers whose names were in the Roll of Attorneys of the Supreme Court on 16 January 1973 and all those whose names were included or are entered therein after the said date, are automatically and without exception members of the Integrated Bar. - The lawyer chooses which IBP Chapter to join, usually the home city/province or place of work; transfer from chapter to another is allowed. - Lifetime or annual payment of dues

The Integrated Bar of the Philippines Organization ❑ President of IBP – the Chief Executive of the organization with a term of two (2) years. ❑ Vice President – assumes a President in case of absence or inability. ❑ Board of Governors – composed of nine (9) representatives from regions. ❑ House Delegates – deliberative body of the IBP composed of not more than 120 members apportioned among all chapters by the Board of Governors according to the number of their respective members but each chapter shall have 1 representative.

The Integrated Bar of the Philippines Administrative Supervision of SC - The Supreme Court acquires administrative supervision over the IBP including its officers. Bar Matter 2012: Rule on Mandatory Legal Aid Service for Practicing Lawyers - All practicing lawyers are required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to coordinate with a lawyer for cases where he may render free legal aid service.

Bar Matter 2012: Rule on Mandatory Legal Aid Service for Practicing Lawyers

The following lawyers are excluded in the term “practicing lawyer”: 1. Government employees and incumbent elective officials not allowed by law to practice; 2. Lawyers who by law are not allowed to appear in court; 3. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants, and 4. Lawyers not covered under subparagraphs (1) to (3) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

Purpose of Bar Matter 850 (Mandatory Continuing Legal Education) Continuing legal education is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. Requirements Requirements of completion of MCLE: Members of the IBP, unless exempted under Rule 7, shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities. The thirty-six (36) hours shall be divided as follows: 6 hours – Legal Ethics 4 hours – Trial and Pre-trial skills 5 hours – Alternative Dispute Resolution 9 hours – Updates on Substantive and Procedural Laws and jurisprudence 4 hours – Legal Writing and Oral Advocacy 2 hours – International Law and International Conventions Remaining 6 hours – such other subjects as may be prescribed by the Committee on MCLE TOTAL: 36 hours (or 36 units)

Classes of MCLE Credits a. Participatory Credit Attending approved education activities like seminars, conventions, symposia; speaking or lecturing, or assigned as panelist, reactor or commentator, etc. in approved education activities; teaching in law schools or lecturing in bar review classes. b. Non-Participatory Preparing, as author or co-author, written materials (article, book or book review) which contribute to the legal education of the author member, which were not prepared in the ordinary course of his practice or employment; editing a law book, law journal or legal news letter.

Persons exempt from the MCLE requirement: 1. President, Vice-President, Secretaries and Undersecretaries of Executive Departments 2. Senators and members of the House of Representatives 3. Chief Justice and Associate Justices of the Supreme Court 4. Incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council, incumbent members of the Mandatory Continuing Legal Education Committee, incumbent court lawyers who have availed of the Philippine Judicial Academy programs of continuing judicial education. (Amendment to Bar Matter 850, Resolution of the Court En Banc, July 13, 2004) 5. Chief State Counsel, Chief State prosecutor, and Assistant 6. Secretaries of the Department of Justice 7. Solicitor General and the Assistant Solicitor General

Persons exempt from the MCLE requirement: 8. Government Corporate Counsel, Deputy and Assistant Government Counsel 9. Chairman and Members of the Constitutional Commissions 10. Ombudsman, overall deputy Ombudsman, Deputy Ombudsmen, and Special Prosecutor of the Office of the Ombudsman 11. Heads of Government Agencies exercising quasi-judicial functions 12. Incumbent deans, bar reviewers, professors of law who have been teaching experience for the past 10 years in accredited law schools 13. Chancellor, Vice Chancellor and members of the Corps of Professional and Professorial Lectures of the Philippine Judicial Academy 14. Governors and Mayors Other parties exempted: • Those who are not in law practice, private or public • Those who are retired from law practice with the approval of the IBP Board of Governors

May a member of the Bar not included in the numeration ask for exemption? - Yes, if there is a good cause for exemption from or modification of requirement. A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirement, including the extension of time for compliance, in accordance with the procedure to be established by the Committee on MCLE. Note: Applications for Exemption from or modification of the MCLE requirement shall be under oath and supported by documents.

What constitutes non-compliance of MCLE? 1. Failure to complete education requirement within the compliance period; 2. Failure to provide attestation of compliance to exemption; 3. Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; 4. Failure to satisfy the education requirement and furnish evidence of such compliance within 60 days from receipt of non-compliance notice; 5. Failure to pay non-compliance fee within the prescribed period;

What constitutes non-compliance of MCLE? 6. Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. Note: Members failing to comply will receive a Non-compliance Notice stating the specific deficiency and will be given a 60 days from the date of notification to file a response. What are the consequences of non-compliance? A member who fails to comply with the requirements after the 60 day period shall be listed as a delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE. Note: The listing as a delinquent member is administrative in nature but shall be made with a notice and hearing by the Committee on MCLE.

➢B.M. No. 1922 (took effect on January 1, 2009) requires practicing members of the bar to indicate in all pleadings filed before the courts or quasi-judicial bodies, the number and date of the issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

SC En Banc Resolution (February 17, 2015) REQUIRES all members of the IBP to file a written entry of appearance indicating their MCLE exemption or compliance number for the current or immediately preceding compliance period and date of issuance thereof before appearing as counsel or engaging in oral argument in open court or before a quasi-judicial body. However, counsels who affixed their signatures in- their pleadings and indicated their MCLE exemption or compliance number in their pleadings need not file a separate entry of appearance. All counsels, including partners of law firms whose names appear in the said pleadings, shall also indicate their MCLE exemption or compliance number. (took effect on March 1, 2015)

Disciplinary Proceedings Disbarment

Suspension*

Act of the court in withdrawing from an attorney the right to practice law.

Act of the court prohibiting an attorney from practicing law for a certain period.

Administrative proceeding instituted to revoke the license of the lawyer to practice his profession by reason of misconduct.

Intended to protect the court and the public from the misconduct of officers of the court and to protect the administration of justice by requiring that those who exercise this important function shall be competent, honorable and reliable men in whom courts and clients may repose confidence

Disciplinary Proceedings *Suspension is sometimes referred to a qualified disbarment because the lawyer is temporarily deprived of his right to practice his profession. Two Primary Objectives of Disbarment and Suspension 1. To compel the attorney to deal fairly and honestly with his clients 2. To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney

Disciplinary Proceedings Common Grounds for Suspension or Disbarment 1. Deceit 2. Malpractice or other gross misconduct in office 3. Grossly immoral conduct 4. Conviction of a crime involving moral turpitude 5. Violation of Oath of Office 6. Willful disobedience of any lawful order of any superior court 7. Corrupt or willful appearance as an attorney for a party to a case without authority to do so Moral Turpitude - “includes everything which is done contrary to justice, honesty, modesty, or good morals”. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. (Barrios v. Martinez, 442 SCRA 324 )

Choices of a New Lawyer

CHOICES

ADVANTAGES

DISADVANTAGES

a) Solo private 1) Independence of action practice 2)rushed to experience 3)projecting own Image

1)lack of experience and confidence 2)lack of facilities 3) very limited clientele, hence, unstable income

b) Joining a 1)receives proper advice law firm as an from senior lawyers associate/ 2)template pleadings are assistant; available 3)never runs out of cases and constantly exposed

1)reduced to the status of merely an employee 2)sometimes tied up to given assignments 3)does not possess independent judgment 4)hardly establish names for themselves 5)losing cases are usually assigned to young lawyers

c) Forming a law partnership

Not advisable for young lawyers (partnership with financially capable peers)

d) Joining the 1)Higher compensation corporate law 2)Generous benefits and department packages

1) Sometimes restricted to practice outside office hours 2)tied up in fear of losing higher

Getting Started: Qualities a Young Lawyer Needs

1. Tolerance for Pressure (Stress Management) a) Time management b) Always be calm and patient c) Try to consult others and get their opinions d) Stay healthy e) Always smile/laugh f) Improve one’s communion with God g) Knowing your limitation 2. Self-Confidence

Getting Started: Qualities a Young Lawyer Needs

3. Ability to Build Clientele – ethical networking and “advertising” through professional record 4. Preventive Lawyering a) Proposals to the other side or party b) Counter-proposals c) Reconsiderations d) Compromise e) Advice to clients f) Clients instruction to counsel

Legal Ethics: definition and sources Legal Ethics denotes that body of principles by which the conduct of members of the legal profession is controlled. - It is that branch of moral science which treats of the duties that an attorney owes to the court, his client, colleagues in the profession, and the public (G.A. Malcolm, Legal and Judicial Ethics, 1949) as embodied in the Constitution, Rules of Court, Code of Professional Responsibility, Code of Judicial Conduct, jurisprudence, moral laws, and special laws. (1993, 1996 Bar)  

Sources: a.Code of Professional Responsibility b.Canons of Professional Ethics c.New Code of Judicial Conduct (+ 1989 Code of Judicial Conduct, and 1946 Canons of Judicial Ethics) d.Constitution e.Statutes f.Rules of Court and related laws g.Supreme Court decisions h.Treatises and publications

Significance of Legal Ethics  - limits the parameters and tames the exercise of the legal profession - (“negative side”) guard against abuses and ills of the profession such as dishonesty, immorality, negligence, slothness, lack of diligence, and the many forms of malpractice of the members of the bar - (“positive side”) raises the standard of the legal profession, encourages and enhances respect for the law, assures an effective and efficient administration of justice, assists in keeping and maintaining law and order in coordination with the other department of government. - provides the basis for weeding out the unfit and the misfits in the legal profession for the protection of the public (Pineda, 1994) - governs the ethical and moral standards of lawyers

“What is legal is moral.”  Is that statement correct? ***

For self-review - Know the definition of the following terms/concepts in relation to legal ethics: Admonition; Advocate; Ambulance chaser; Ambulance chasing; Amicus curiae (pl: amici curiae); Amicus curiae par excellence (pl.: amici par excellence); Appearance - general v. special; Attorney ad hoc; Attorney-at-law; Attorney-in-fact; Attorney of record; Attorney’s fees - ordinary v. extraordinary; Attorney’s lien; Bar and Bench; Bar Association; Bar integration and the Integrated Bar of the Philippines; Barratry; Censure; Champertous contract; Champerty; Charging lien; Client; Competence; Confidential communication; Conflict of interest; Contempt - direct v. indirect, civil v. criminal; Contingent fee; Contingent fee contract; Counsel/attorney de oficio; Counsel de parte; Court; De facto judge; De jure judge; Diligence; Disbarment; Dishonest act; Executive judge; Fiduciary duty; Firm; Fixed or absolute fee; Forum shopping; Good moral character; Good reputation; Good standing; Gross immorality; House counsel (in-house counsel); Immoral or deceitful conduct; Judge; Judicial ethics; Lawyer; Lead counsel; Moral Character; Moral turpitude; Notary and notary public; Of counsel; Plea of guilty; Practicing lawyer; Private practice; Pro bono; Professional touting; Pro se; Quantum meruit; Reinstatement; Reprimand; Res ipsa loquitur; Retainer - general v. special; Retaining fee; Retaining lien; Sole practitioner; Suspension definite v. indefinite; Trial lawyer; Warning

Practice of Law: supervision & control Filipinos only policy: The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. (Sec. 14, Art. XII, 1987 Constitution) Integration of the Philippine Bar: In the Matter of the IBP (1973) - The power to integrate the Philippine bar is given to the SC by the Constitution. Legislative interference: In Re: Cunanan (1954) – R.A. 972, or the Bar Flunkers Act of 1953, was declared partially unconstitutional as it encroached upon the powers granted by the Constitution to the SC in determining the admission of bar examinees to the bar by usurping such power through a legislative act.

Who may practice law in the Phil.? – any person admitted to the bar and of good and regular standing may practice law (Rule 138, Sec. 1), EXCEPT: 1.person representing himself or a friend or a principal in the MTC (Rule 138, Sec. 34) *Section 34. By whom litigation conducted. — In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar.

Litigation by party When is appearance of a party by counsel not obligatory? 1. in a first level court, a party may conduct litigation in person, or with the aid of a friend appointed by him, or a lawyer; 2. in the RTC and appellate courts, a party in a civil suit may conduct litigation either personally or by attorney, unless the party is a juridical person 3. even if a party chose to appear by counsel, he may dispense with counsel at any time and prosecute or defend his case personally *The rule that appearance by counsel is not obligatory applies only in civil and administrative cases; it does not apply in criminal cases involving grave and less grave offenses, where an accused must be represented by counsel de parte or de oficio and in which his right is not waivable. (Prof. Rene Callanta)

Litigation by party Are persons who pass the Shari’a Bar members of the Philippine Bar? – No, they may only practice in Shari’a Courts; they are not entitled to use the title “attorney”, which is reserved only for members of the Philippine Bar. (see Alawi v. Alauya, A.M. SDC-97-2-P, 24 February 1997) Does “scrivening” constitute practice of law? – No. Scrivening or the filling of blanks in a standard or stereotyped forms that involve purely clerical work without need for any legal interpretation, is not practice of law. “Pro se practice” or “in propria persona appearance” – appearance in court by a non-lawyer for himself without the assistance of a lawyer (In re: Joaquin, 241 SCRA 405; 1995 Bar Exam) While it is allowed, it is not advisable because court proceedings are full of technical pitfalls that ay entrap a person unschooled in substantive and procedural law. (Even for lawyers, representing themselves or their family members is not advisable because it unavoidably involves strong emotions that cloud judgment and objectivity in handling the case.)

Litigation by party In democratic and civilized country where the rights of a person are determined in accordance with established rules, the employment of a person acquainted with those rules becomes a necessity both to the litigants and the Court. A litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. (Agpalo) The right to counsel of an accused is absolute or immutable. However, his option to secure the services of a counsel de parte is not absolute. The trial court may restrict his option to retain a counsel de parte if: 1) the accused insists on an attorney he cannot afford; 2) chosen counsel is not a lawyer; 3) the attorney declines to represent the accused for a valid reason, in which case, the court can appoint a counsel de oficio to represent him. Sec. 1(c), Rule 115, RRC provides that an accused may waive his right to counsel, but if he cannot protect his rights without assistance of a counsel, the Court should advise him to secure a counsel de parte or appoint a counsel de oficio to represent him.

Litigation by a layman (party or agent) Appearance by a non-lawyer AGENT of a party: a) in the first level court, (in RTC and appellate courts, appearance is personal or by counsel only) b) no attorney-client exists between party and his agent c) should not be habitual d) no lawyer available in the locality e) agent is resident of good repute for probity and ability to aid defendant. Limitations on appearance by non-lawyers: 1. They should confine their work to non-adversarial contentions 2. They should not undertake purely legal work, such as examination or cross-examination of witnesses, or presentation of evidence. 3. Services should not be habitually rendered 4. They should not charge or collect attorney’s fees (PAFLU v. Binalbagan Isabela Sugar Co., 42 SCRA 302)

Who may practice law in the Phil.?, exceptions:

2. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is: a) resident of the province; and b) of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC) 3. person representing himself in the RTC (Rule 138, Sec. 34) – (be careful with clients who file pleadings on their own; “as if counsel is discharged” )

Who may practice law in the Phil.?, exceptions: 4. person authorized to represent the Government of the Philippines in accordance with law (Rule 138, Sec. 33) Section 33. Standing in court of person authorized to appear for Government. — Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the bar to appear in any case in which said government has an interest direct or indirect.

5. Under the Labor Code, non-lawyers may appear before the NLRC or Labor Arbiter, if: 1) they represent themselves, or 2) they represent their organization or members thereof. (Art. 222 of PD 442, as amended) 6. a non-lawyer can represent a claimant under the Cadastral Act (Act 2259, Sec. 9)

Who may practice law in the Phil.?, exceptions:

7. law students under Rule 138-A, Sec. 1 Law Student Practice Rule Qualifications: 1. Completed 3rd year of a prescribed 4-year curriculum 2. Enrolled in recognized law school’s legal education/clinic program recognized by SC 3. Under direct supervision and control of a supervising lawyer accredited by the school

Law Student Practice Rule - Law student represents indigent clients accepted by the legal clinic of the law school in any civil, criminal or administrative case before any trial court, tribunal, board or officer (S.2, R.138-A) - Without compensation (S.2, R.138-A) - Any and all pleadings, motions, briefs, memoranda, or other papers to be filed, must be signed by the supervising lawyer for and in behalf of the legal clinic (Sec. 2, R.138-A) - “Direct Supervision and Control” requires no less that the physical presence of the supervising lawyer during the hearing. - A law student appearing in the RTC under R.138-A should at all times be accompanied by a supervising lawyer, but in the first level courts, law student can appear in his personal capacity without lawyer supervision pursuant to S.34, R.138 (appearance by an agent).

Who are the public officers who have restricted right to practice law?

1. Members of Congress who cannot personally appear as counsel before any court or electoral tribunal, or quasijudicial and administrative bodies (Sec. 14, Art. VI, Constitution) - “Appearance” includes not only arguing a case before any such body but also filing a pleading in behalf of a client as “by simply filing a formal motion, plea or answer.” (Ramos v. Mañalac, 89 Phil. 270) - Neither can a lawyer-member of the legislature allow his name to appear in such pleading by itself or as part of the firm name under the signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally an agency, and because he will, by such act, be appearing in court or quasi-judicial body or administrative body in violation of the constitutional restriction. He cannot do indirectly what the Constitution prohibits directly. (In re: David, 93 Phil. 461)

Who are the public officers who have restricted right to practice law?

2. under RA 910, Sec. 1, as amended, a retired justice and judge receiving pension from the government cannot act as counsel in any civil case in which the government or any of tis subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the government is an accused of an offense in relation to his office. 3. Civil service officers or employees without permit from their respective department heads (Noriega v. Sison, 125 SCRA 293)

Who are the public officers who have restricted right to practice law?

Can a civil service employee engage in the private practice of law? A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the government may not engage in private practice of law without the written permit from the head of the department concerned. However, government officials who by express mandate of the law are prohibited from practicing law may not, even with the consent of the department head, engage in the practice of law. If so authorized by the department head, he may, in an isolated case, act as counsel for a relative or close family friend. A government official forbidden to practice law may be held criminally liable for doing so. An officer or employee of the civil service who, as a lawyer, engages in the private practice of law without a written permit from the department head concerned may be held administratively liable therefor.

Who are the public officers who have restricted right to practice law?

4. Sanggunian members may practice their profession (Sec. 90, R.A. 7160) provided that if they are lawyers, they shall not: a) appear in any court in any civil case wherein a LGU or any office or instrumentality of government is the adverse party; b) appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;

Who are the public officers who have restricted right to practice law?

4. Sanggunian members may practice their profession provided that if they are lawyers, they shall not: xxx c) collect any fee for their appearance in administrative proceedings involving the LGU of which they are officials; and d) use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government.

Who are the public officials prohibited from engaging in the practice of law?

1. Judges and other officials or employees of the superior courts (Rule 138, Sec. 35) 2. officials and employees of the Office of the Solicitor General (Rule 138, Sec. 35) 3. government prosecutors (People v. Villanueva, 14 SCRA 109); if permitted by

their department head, it should only be in isolated cases involving relatives or close family friends.

4. President, Vice President, members of the cabinet, their deputies and assistants (Art. VII, Sec. 15, 1987 Constitution)

Who are the public officials prohibited from engaging in the practice of law?

Xxx 5. Chair and members of the Constitutional Commissions [CSC, COMELEC, COA] (Art. IX-A, Sec. 2, 187 Constitution) 6. Ombudsman and his deputies (Art. XI, Sec. 8 (2), 1987 Constitution) 7. All governors, city, and municipal mayors (RA 7160, Sec. 90) 8. those who by special law are prohibited from engaging in the practice of the legal profession

Concept of a LAWYER – class of persons, who by license, are officers of the court and who are empowered to appear, prosecute, and defend cases before the courts.   Nature of the Office of a Lawyer: - not just a good citizen who is duty-bound to uphold the Constitution and obey the law, but a servant of the law. Hence, he must be an example for others to emulate; a model in the community on respect for the law. He must act and comport himself in a manner that would uphold public confidence in the integrity of the legal profession.

Other terms used to refer to lawyers: - attorney, attorney-atlaw, counsel, counsel de parte, counsel of record, counsel de oficio, of counsel, advocate, solicitor, barrister, proctor, amicus curiae, amicus par excellence Requirements to be admitted to the Bar: (Secs. 2, 5 &6, Rule 138) 1. Filipino citizen 2. Resident of the Philippines 3. At least 21 years of age 4. Of good moral character 5. Produce before SC “satisfactory evidence” of good moral character 6. Must not have been charged of a crime involving moral turpitude 7. Must have met the required educational/academic requirements 8. Pass the bar examinations 9. Take the lawyer’s oath 10.Sign the roll of attorneys.  

Filipino citizenship requirement: A Filipino citizen admitted to the Philippine Bar must maintain such citizenship to remain qualified for the practice of law in the country. (In re Arthur Castillo Reyes, 1993) American citizens admitted to the Philippine Bar and in active practice in Phil. courts , or Filipino citizens admitted and practiced as attorneys in the US, AND in good standing, before July 4, 1946 may be allowed by SC to continue their practice, or admitted to the Phil. Bar without examination, respectively. (Sec. 3-4, Rule 138)

May a lawyer who lost Filipino citizenship still practice law? General Rule: NO. Loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. Exception: When Filipino citizenship is lost by reason of naturalization as a citizen in another country but subsequently reacquired pursuant to RA 9225. This is because “all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of RA 9225.” Hence, lawyer is deemed never to have terminated his membership in the Philippine Bar, but has no automatic right to resume law practice.

What must be done by a former Filipino to resume practice of law in the Philippines? - He must first secure authority to practice law from the Supreme Court, conditioned on: 1. Updating and payment in full of the annual membership dues in the IBP; 2. Payment of professional tax; 3. Completion of at least 36 credit hours of MCLE (this is specially significant to refresh lawyer’s knowledge of Philippine laws and update him of legal developments); and 4. Retaking of the lawyer’s oath (which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the court, but also renew his pledge to maintain allegiance to the Republic of the Philippines.) Compliance with the foregoing restores the lawyer’s good standing as a member of the Philippine bar. (Case: Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, Bar Matter No. 1678, December 17, 2007)

Instances of Lack of Good Moral Character: ➢ Making false statement in his application; ➢ Making a forged certificate of good moral character; ➢ Using another person’s school records; ➢ Living an adulterous life; ➢ Committing bigamy; ➢ Committing polygamy. May a successful bar candidate convicted of reckless imprudence resulting to homicide as a result of participation in a hazing incident, after serving probation, be allowed to take his oath as a lawyer? - Yes. (Read: In re: Petition to take lawyer’s oath of Arthur Cuevas, Jr., Bar Matter No. 80, prom. Jan. 27, 1998, 90 SCAD 711)

Moral character = qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and the strictest observance of fiduciary responsibility (Justice Felix Frankfurter) Good moral character is the absence of a proven conduct or act that has been historically and traditionally considered as a manifestation of moral turpitude. Such act or conduct need not amount to a crime; conviction in a criminal is not necessary to demonstrate bad moral character although it may show moral depravity. Moral Turpitude “includes everything which is done contrary to justice, honesty, modesty, or good morals”. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. (Barrios v. Martinez, 442 SCRA 324 ) - Question of moral turpitude is for SC to decide.

Educational Requirements before taking the bar: (Sec 5 & 6, Rule 138) 1. Law degree (Bachelor of Laws or Juris Doctor) [studied for 4 years and completed all prescribed courses: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation, and legal ethics] 2. Completed a pre-law bachelor’s degree (that required for admission a 4-year high school education) in arts or sciences (with major in political science, logic, english, history, and economics) *Beginning 1994, graduates of foreign law schools are not allowed to take the bar examinations since they cannot present certifications required under Sec. 5 & 6, Rule 138, ROC. (In Re: Application of Adriano Hernandez, 1993)

*Note: LEBMO No. 7., 29 December 2016 - requires Phil. Law School Admission Test (PhilSAT) to enter law school beginning SY 2017-2018 - cut-off passing score is 55%, no limit on re-takes - P1,500.00 testing fee - Certificate of Eligibility (COE) required before enrolment - Exception: honor graduate with CS eligibility under PD 907 enrolling within 2 years from graduation from college - lower than 55% score can be admitted only for SY 2017-2018 with written justification - general average requirement (under 2011 LEBMO) of 80% or 2.5 (pre-law degree) will no longer be required beginning SY 2018-2019 - PhilSAT designed as one-day aptitude test to measure academic potential of examinee to pursue study of law; it tests communication and language proficiency, critical thinking skills, verbal and quantitative reasoning.

Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138, ROC) Section 10. Bar examination, by questions and answers, and in writing. — Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used. The committee of bar examiner shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. Examinees shall not place their names on the examination papers. No oral examination shall be given.

Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138, ROC) Section 12. Committee of examiners. — Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall be published in each volume of the official reports. Section 13. Disciplinary measures. — No candidate shall endeavor to influence any member of the committee, and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this provisions, or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court.

Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138, ROC) Section 14. Passing average. — In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75 per cent in all subjects, without falling below 50 per cent in any subject. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.

Bar Exam Reminders: (Sec. 10, 12, 13, 14, 16, Rule 138, ROC) Section 16. Failing candidates to take review course. — Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject.

Admission and Oath, Certificate, Attorney’s Roll: (Sec. 17-19, Rule 138, Rules of Court) Section 17. Admission and oath of successful applicants. — An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office. Section 18. Certificate. — The Supreme Court shall thereupon admit the applicant as a member of the bar for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of court, which certificate shall be his authority to practice. – Certificate of Admission to the Bar Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate. – Attorney’s Roll Number indicated in Certificate of Admission to the Bar

Duties of Attorneys (Sec. 20, Rule 138) – discussed earlier Authority of Attorney to Appear (Sec. 21-22, Rule 138) Section 21. Authority of attorney to appear. — An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. An attorney who willfully appears in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

Authority of Attorney to Appear (Sec. 21-22, Rule 138) Section 22. Attorney who appears in lower court presumed to represent client on appeal. — An attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal, unless he files a formal petition withdrawing his appearance in the appellate court.

Authority of Attorney to Bind Clients; Compensation (Sec. 23-24, Rule 138, ROC) Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.

Authority of Attorney to Bind Clients; Compensation (Sec. 23-24, Rule 138, ROC) Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. – for further discussion in CPR

Unlawful retention of client funds; contempt; change of attorneys (Sec. 25-26, Rule 138, ROC) Section 25. Unlawful retention of client's funds; contempt. — When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.

Unlawful retention of client funds; contempt; change of attorneys (Sec. 25-26, Rule 138, ROC) Section 26. Change of attorneys. — An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the advance party.

Unlawful retention of client funds; contempt; change of attorneys; attorney’s lien (Sec. 25-26, Rule 138, ROC) Section 26. Change of attorneys. — xxx A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client.

Attorney’s Retaining and Charging Liens (Sec. 37, Rule 138, ROC) Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have the caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have the caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. attorney’s liens to be discussed later in CPR; but NOTE:

A lawyer is not entitled to unilaterally appropriate his client’s money for himself by the mere fact that the client owes him attorney’s fees. (Rayos v. Hernandez, G.R. 169079, 2/12/07)

Grounds for disbarment or suspension of attorneys (Sec. 27, Rule 138, ROC, as amended by SC En Banc Resolution on 13 February 1992 Section 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefore. — A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.”

Grounds for disbarment or suspension of attorneys (Sec. 27, Rule 138, ROC, as amended by SC En Banc Resolution on 13 February 1992 Section 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefore. — xxx THE DISBARMENT OR SUSPENSION OF A MEMBER OF THE PHILIPPINE BAR BY A COMPETENT COURT OR OTHER DISCIPLINATORY AGENCY IN A FOREIGN JURISDICTION WHERE HE HAS ALSO BEEN ADMITTED AS AN ATTORNEY IS A GROUND FOR HIS DISBARMENT OR SUSPENSION IF THE BASIS OF SUCH ACTION INCLUDES ANY OF THE ACTS HEREINABOVE ENUMERATED. THE JUDGMENT, RESOLUTION OR ORDER OF THE FOREIGN COURT OR DISCIPLINARY AGENCY SHALL BE PRIMA FACIE EVIDENCE OF THE GROUND FOR DISBARMENT OR SUSPENSION.

SUSPENSION OF ATTORNEYS BY CA & RTC; DUE PROCESS (S.28-30, R.138, ROC) Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance. — The CA or a CFI (now RTC) may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the premises. Section 29. Upon suspension by the CA or CFI (RTC), further proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the facts involved and make such order revoking or extending the suspension, or removing the attorney from his office as such, as the facts warrant.

SUSPENSION OF ATTORNEYS BY CA & RTC; DUE PROCESS (S.28-30, R.138, ROC) Section 30. Attorney to be heard before removal or suspension. — No attorney shall be removed or suspended from the practice of his profession, until he has had full opportunity upon reasonable notice to answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter ex parte. May a disbarred lawyer resume practice of law? – Only if allowed by the Supreme Court upon his petition.

ATTORNEYS DE OFICIO; COMPENSATION: (S.31-32, R.138, ROC) Section 31. Attorneys for destitute litigants. — A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown. *see Rule 14.02 and 14.03, CPR: Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if: (a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.

ATTORNEYS DE OFICIO; COMPENSATION: (S.31-32, R.138, ROC) Section 32. Compensation for attorneys de oficio. — Subject to availability of funds, as may be provided by the law, the court may, in its discretion, order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with Section 24 of this Rule. Whenever such compensation is allowed, it shall be not less than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) in grave felonies other than capital offenses; (4) Five Hundred pesos (P500) in capital offenses. – remember, the ROC took effect January 1, 1964; more on compensation under CPR

*see CPR, Rule 14.04 - A lawyer, who accepts the cause of a person unable to pay his professional fees, shall observe the same standard of conduct governing his relations with paying clients.

The Lawyer’s Oath “I, _______________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws, as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well as to the court as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.”

The Lawyer’s Oath Nature of a Lawyer’s Oath:  The lawyer’s oath is not a mere formality recited for a few minutes in the glare of flashing cameras and before the presence of select witness (In re: Arthur M. Cuevas, Jr., 285 SCRA 59, 27 January 1998); it is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable (Sebastian v. Calis, Adm. Case No. 5118, 9 September 1999) By taking the lawyer’s oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice.

The Lawyer’s Oath Nature of a Lawyer’s Oath: The lawyer’s oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he made when he took the lawyer’s oath. If all lawyers conducted themselves strictly according to the lawyer’s oath and the Code of Professional Responsibility, the administration of justice will undoubtedly be fairer, faster, and easier for everyone concerned (In re: Argosino, 270 SCRA 26). Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes v. Deciembre, 457 SCRA 341)

Four-Fold Duties of a Lawyer 1. Duties to the Society – should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms, aware of special role in the solution of special problems and always ready to lend assistance in the study and solution of social problems . (Canons 1-6, CPR) 2. Duties to the Legal Profession – candor (honesty), fairness, courtesy and truthfulness, avoid encroaching on the business of other lawyers, uphold the honor of the profession (Canons 7-9, CPR) 3. Duties to the Court – respect and defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice (Canons 10-13, CPR) 4. Duties to the Client – entire devotion to client’s interest (Canons 14-22, CPR)

Four-Fold Duties of a Lawyer Classifications of the 4-fold duties: 1. PUBLIC DUTIES – a lawyer operates as a faithful assistant of the Court in search of a just solution to disputes - A counsel de oficio is expected to render effective service

and to exert his best efforts on behalf of the indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self-interest. (1991, 1993, 1994, 1998, 2001, 2004 bar exams)

2. PRIVATE DUTIES – a lawyer operates as a trusted agent of his client; he must remain loyal to the cause of his client.

Code of Professional Responsibility CHAPTER I THE LAWYER AND SOCIETY (Canons 1-6) Memory Aid: (PP-I-SPA) Canon 1 – Promote and respect the law and legal process Canon 2 – Provide efficient and convenient legal services Canon 3 – Information on legal services that is true, honest, fair, and dignified Canon 4 – Support for legal reforms and administration of justice Canon 5 – Participate in Legal Education Programs Canon 6 - Applies to lawyers in government service

CPR: CHAPTER I - THE LAWYER AND SOCIETY (Canons 1-6) CANON 1 - A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and for legal processes. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Morality as understood in law: human standard based on the natural moral law that is embodied in man’s conscience and guides him to do good and avoid evil.   Moral turpitude: everything that is done contrary to justice, honesty, modesty or good morals.   Immoral conduct has been defined as “that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga v. Maniwang, 106 SCRA 591).   Unlawful conduct – act or omission that is against the law (Agpalo) Dishonesty – involves lying or cheating (Agpalo)

CPR: CHAPTER I - THE LAWYER & SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.  

Grossly immoral conduct/act is one that is so corrupt and false as to constitute a criminal act so unprincipled or disgraceful as to be reprehensible to a high degree. Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried on and devoid of any deceit on the part of respondent, is neither so corrupt nor so uprincipled as to warrant the imposition of disciplinary sanction against him, even if as a result of such relationship, a child is born out of wedlock. (Figueroa v. Barranco, 276 SCRA 445, 7/31/ 97)

CPR: CHAPTER I - THE LAWYER & SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.   The reconciliation between the lawyer husband and his wife who had initiated the administrative proceedings against him for engaging in adulterous and clearly immoral relationship does not “wipe away the misconduct and immoral behavior.” [Cordova v. Cordova, 179 Phil 680, (1989)] When Presidential pardon is conditional and merely remits the unexecuted portion of the penalty, administrative proceedings against a lawyer convicted of murder cannot be automatically barred. (In re: Guttierez, 1962)

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. The nature of the office of an attorney at law requires that she shall be a person of good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law. [People vs. Tuanda, A.C. No. 3360 (1/3/90)] The commission of unlawful acts, specially crimes involving moral turpitude, acts of dishonesty in violation of the attorney’s oath, grossly immoral conduct and deceit are grounds for suspension or disbarment of lawyers. [Rule 138, Section 27, ROC]  

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Conviction for crime involving moral turpitude – a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: estafa, bribery, murder, seduction, abduction, smuggling, falsification of public document  

As officers of the court, lawyers must only in fact be of good moral character but must also be seen to be of good moral character and living lives in accordance with the highest moral standards of the community. A member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistress, but must also behave as to avoid scandalizing the public by creating the belief that he is flouting such moral standard. [Tolosa vs. Cargo, 171 SCRA 21(1989)]

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Misconduct indicative of moral unfitness, whether relating to professional or non-professional matters, justifies suspension or disbarment. An attorney may be removed or otherwise disciplined “not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which showed him unfit for the office and unworthy of the privileges which his license and the law confer to him” (Lizaso vs. Amante, 198 SCRA, 1991) even if there is no attorney-client relationship between respondent and complainant (Constantino v. Saludares, 228 SCRA 233, 1993) Some acts of Dishonesty and Deceit sanctioned by SC: 1.Misappropriation of client’s funds 2.Act of fraudulently concealing dutiable importation or smuggling 3.Giving false statements under oath in an Information Sheet submitted in support to a lawyer’s application as Chief of Police

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Some acts of Dishonesty and Deceit sanctioned by SC: xxx 4. Wanton falsehood made in an ex parte petition in court wherein the lawyer attached affidavit of his grandfather and which affidavit he notarized knowing that the supposed affiant is already dead. 5. Maneuvering reconveyance of property in the name of a lawyer instead of the client – in a case involving sale with pacto de retro. 6. Submission or presentation of mutilated copies of certain documents to court for the purpose of deceiving and misleading it. 7. Falsification of grades in the Bar Examinations.

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Some acts of Dishonesty and Deceit sanctioned by SC: xxx 8. Collecting several thousand pesos on the pretense that counsel would allegedly appeal the complaint’s case to the Supreme Court of the United States, and that it was necessary to him to go to Washington, D.C. which he did, knowing that the decision could no longer be appealed because it is already final 9. Introducing someone to buy a piece of land knowing that it is not for sale 10. Delayed failure to account money collected for the client 11. Stealing evidence attached to the court records

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Instances of Gross Immorality and their sanctions: 1. Abandonment of wife and cohabiting with another woman. Disbarred. 2. Bigamy perpetrated by the lawyer. Disqualified from admission to the Bar 3. A lawyer who had carnal knowledge with a woman through a promise of marriage which he did not fulfill. Disbarred. 4. Seduction of a woman who is the niece of a married woman with whom the respondent lawyer had adulterous relations. Disbarred. 5. Lawyer arranging the marriage of his son to a woman with whom the lawyer had illicit relations. After the marriage of the woman to the respondents son, he continued his adulterous relations with her. Disbarred

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Instances of Gross Immorality and their sanctions: xxx 6. Lawyer inveigling a woman into believing that they had been married civilly to satisfy his carnal desires. Disbarred 7. Lawyer taking advantage of his position as chairman of the college of medicine and asked a lady student to go with him to manila where he had carnal knowledge of her under threat that if she refused , she would flunk in all her subjects. Disbarred 8. Concubinage coupled with failure to support illegitimate children. Suspended indefinitely 9. Maintaining adulterous relationship with a married woman. Suspended indefinitely

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Relate to Canons of Professional Ethics, Canon 15 - How far a lawyer may go in supporting a client's cause: - Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim often set up by the unscrupulous for the defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause.

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Relate to Canons of Professional Ethics, Canon 32 - The lawyer's duty in its last analysis : - No client corporate or individual, however, powerful nor any cause, civil or political, however important, is entitled to receive nor should any lawyer render any service or advice involving disloyalty to the laws whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or corruption of any person or persons exercising a public office or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites and merits stern and just condemnation. Correspondingly, he advances the honor of his profession and the best interests of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advice his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. While a lawyer is expected to defend his client’s cause with zeal, he must not disregard truth and defy the clear purpose of labor statutes. (Cosmos Foundry Shop Workers Union v. Lo BU, 63 SCRA 321) Respect for the law is gravely eroded when lawyers themselves, who are supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance. (In re: 1989 IBP Elections, 178 SCRA 398)

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Lawyers should not promote an organization known to be violating law nor assist it in a scheme which he knows is dishonest; he should not allow his services to be engaged by an organization whose members are violating the law and to defend them when they get caught. (Agpalo) Assisting in the establishment and acting as counsel for an organization (Centro Bellas Artes Club) intending to evade the practice of law constitutes malpractice or gross misconduct (In re: Terrel, 1903)

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. The SC will not denounce criticisms made by anyone against the Court for, if well-founded, it can truly have constructive effects in the task of the Court, but it will not countenance any wrongdoing nor allow the erosion of our peoples’ faith in the judicial system, let alone, by those who have been privileged by it to practice law in the Phil. (Estrada v. Sandiganbayan, 416 SCRA 465, 2003) (Atty. Paguia was indefinitely suspended for making claims that the Justices of the SC have been participating in partisan political activity and have prejudged a case that will assail the legality of an act of Pres. Arroyo, that Estrada v. Arroyo is a patent mockery of justice and due process, that 3 Justices of Sandiganbayan made their bias manifest and are impartial against his client.)

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a man’s cause. Relate with Canon 28, CPE - Stirring up litigation, directly or through agents : - It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law. It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit or collect judgment, or to breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients, or to employ agents or runners for like purposes, or to pay or reward, directly or indirectly, those who bring or influence the bringing of such cases to his office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed under the guise of giving disinterested friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to seek his professional services. xxx

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a man’s cause. Relate with Canon 28, CPE - Stirring up litigation, directly or through agents: - Xxx A duty to the public and to the profession devolves upon every member of the bar having knowledge of such practices upon the part of any practitioner immediately to inform thereof, to the end that the offender may be disbarred. To stir up litigation is a crime known as “MAINTENANCE” in common law. (Agpalo) BARRATRY – frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is a lawyer’s act of fomenting suits among individuals and offering his legal services to one of them.

CPR: THE LAWYER AND SOCIETY (Canons 1-6)

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a man’s cause. - The purpose of the rule is to prevent AMBULANCE CHASING, which refers to solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose, or by the attorney himself. For ambulance chasing has spawned recognized evils such as:

1. fomenting of litigation with resulting burdens on courts and the public; 2. subornation of perjury; 3. mulcting of innocent persons by judgments upon manufactured causes of actions, and 4. defrauding of injured persons having proper causes actions but ignorant of legal rights and court procedure by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of injured persons.

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay in a man’s cause. It is lawyer’s duty is to resist the whims and caprices of his client and to temper his client’s propensity to litigate. [Cobb-Perez vs. Lantin, 24 SCRA 291]   It is the duty of a counsel to advise his client, ordinarily a layman, to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his propensity to litigate. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client; its primacy indisputable. (Castaneda vs. Ago, 65 SCRA 512) Significance of an Attorney’s Signature on a Pleading The signature of an attorney constitutes certificate by him that he has read the pleading; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay. Xxx For a willful violation of this rule, an attorney may be subjected to appropriate disciplinary action. (Sec. 5, Rule 7, RRC)

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or withholding suit. He/she must act as mediator for compromise rather than an instigator of conflict. What sometimes beclouds a lawyer’s judgment as to what is best for his/her client is his/her eye on attorney’s fees, which are often considerably less when the case is amicably settled. The problem of conflict of interest must be resolved against self interest. (Agpalo) A “compromise is as often the better part of justice as prudence is the better part of valor” and a lawyer who encourages compromise is no less the client’s “champion in settlement out of court” than he is the client’s “champion in the battle of court.”

CPR: THE LAWYER AND SOCIETY (Canons 1-6) Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The useful function of a lawyer is not only to conduct litigation but also to avoid it whenever possible by advising settlement or withholding suit. xxx He should be a mediator for concord and conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation. [De Ysasi III v. NLRC, 231 SCRA 173 (1994)] A lawyer cannot, without special authority, compromise his client’s litigation or receive anything in discharge of the client’s claim but the full amount in cash. A compromise entered into without authority is merely unenforceable. However, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client. (Melendrez vs. Decena, 176 SCRA 662)