LEGAL ETHICS 2. Lawyer’s Ethics (by Rita Linda V.

Jimeno)

1. Sen. Jose W. Diokno’s letter to his eldest son, Jose 3 most common ground why lawyers get either
Ramon suspended/disbarred:

 A lawyer lives in and by the law 1. Women (w/ respect to male lawyers)
 A lawyer strives for justice 2. Greed for money
 A lawyer must work in freedom 3. Gross negligence and incompetence
 A lawyer builds on facts. He must seek truth
Others: use of foul and gutter language, & disrespect for
 Great lawyers – not brilliant lawyers.
courts.
 Only a good man can become a great lawyer.
o Understands the weaknesses of men 3. Lawyer’s Oath
because he has conquered them himself
I, do solemnly swear that I will maintain allegiance to
o Who has the courage to pursue his ideals
the Republic of the Philippines, I will support the
though he knows it is unattainable
Constitution and obey the laws as well as the legal
o Tempers his conviction with respect for
orders of the duly constituted authorities therein; I will
those of others because he realizes he do no falsehood, nor consent to the doing of any in
may be mistaken court; I will not wittingly or willingly promote or sue any
o Deals honourably and fairly with all groundless, false or unlawful suit, or give aid nor
o Can command respect and persuade consent to the same; I will delay no man for money or
without resorting to force. malice, and will conduct myself as a lawyer according to
 To end the madness that holds our nation: the best of my knowledge and discretion, with all good
o Scrutinize our past fidelity as well to the courts as to my clients; and I
o Pinpoint where we went wrong impose upon myself these voluntary obligations without
o Determine what led to this madness and any mental reservation or purpose of evasion. So help
what nurtured it me God.
o How can we make sure that it will never
happen again? 4. Basic Legal Ethics (Chapter I)
 Government is always and only an instrument Legal Ethics – a branch of moral science, which treats of
of the people the duties which an attorney owes to court, to his client,
 Take notes of your reading – not only the to his colleagues in the profession and to the public as
gist/quotations/thoughts but also your embodied in the Constitution, RoC, CPR, CPE,
reactions and of the thoughts he arouses in you. jurisprudence, moral laws and special laws.
 The law is a demanding profession – exacting
constant and unswerving devotion Lawyer – refers to the class of persons who, by license
 The rewards of law as a profession are not in are officers of the court and who are empowered to
wealth or fame but in: appear, prosecute and defend and on whom peculiar
o Respect of your peers duties, responsibilities and liabilities are devolved by
o Excitement of the chase after justice law as consequence; those who have passed the
Regular Philippine Bar examinations, taken the lawyer’s
o Satisfaction not only in service of your
oath and signed the roll of attorneys and thereby may
clients but also having somehow shaped
practice law in the Philippines.
the future by molding the law of today
 You must prepare yourself for a lifetime of Counsel de Parte – an attorney retained by a party
study, reading, weighing and deciding, while at litigant, usually for a fee, to prosecute or defend his
the same time, acting and doing. cause in court. The term implies freedom of choice on
the part of the attorney to decline or accept the
employment or on the part of the litigant to continue or
terminate the retainer at any time; usually with
compensation from the client.
Counsel de Officio – an attorney appointed by the court 12. Theft
to defend an indigent defendant in a criminal action or 13. Violation of B.P. Blg. 22
to represent a destitute party in a case. It connotes little 14. Violation Anti-Fencing Law
or no choice than the acceptance by the indigent party 15. Violation of Anti-dangerous Drugs Act of 1972
of whoever is appointed as his counsel; usually 16. Falsification of Document
minimum compensation or none at all. 17. Illicit sexual relations with a fellow worker
18. Forgery
Attorney of Record – an attorney whose name together
19. Intriguing against honor
with his address is entered in the record of the case as
20. Frustrated Homicide
designated counsel of the party litigant in the case and
21. Perjury
to whom judicial notices relative thereto are sent.
22. Direct Bribery
Amicus Curiae – “friend of the court”; an experienced
Zari vs. Flores adds:
and impartial attorney invited by the court to appear
and help in the disposition of certain issues submitted 1. Adultery
to it. 2. Arson
3. Evasion of income tax
Bench – members of the judiciary
4. Barratry
Bar – the legal profession 5. Blackmail
6. Criminal conspiracy to smuggle opium
Practice of Law – The rendition of services requiring the 7. Duelling
knowledge and the application of legal principles and
8. Embezzlement
technique to serve the interest of another with his
9. Extortion
consent. It is not limited to appearing in court, or
advising and assisting in the conduct of litigation, but 10. Libel
embraces the preparation of pleadings, and other 11. Making fraudulent proof of loss on insurance
papers incident to actions and special proceedings, contract’
conveyancing, the preparation of legal instruments of 12. Mutilation of Public Records
all kinds, and the giving of all legal advice to clients. It 13. Fabrication of Evidence
embraces all advice to clients and all actions taken for 14. Offenses against pension laws
them in matters connected with the law. An attorney 15. Seduction under the promise of marriage
engages in the practice of law by maintaining an office
where he is held out to be-an attorney, using a Crimes that do not involve moral turpitude:
letterhead describing himself as an attorney, counseling
1. Minor transgressions of the law (conviction for
clients in legal matters, negotiating with opposing
speeding)
counsel about pending litigation, and fixing and
2. Illegal recruitment
collecting fees for services rendered by his associate.
3. Slight physical injuries
Crimes involving moral turpitude: In Re: Basa 4. Illegal possession of firearms
5. Indirect contempt
(ABC-S-REAP-MERT-VVV-FIFIF-PD)
Good Moral Character (Barrientos vs. Daarol) – leading
1. Abduction with Consent
lives in accordance with the highest moral standards of
2. Bigamy
the community. Behave himself to avoid scandalizing
3. Concubinage
the public. It is a continuing qualification required of
4. Smuggling
every member of the bar. Includes at least common
5. Rape
honesty.
6. Estafa through falsification of document
7. Attempted Bribery Immoral Conduct (Narag vs. Narag) – conduct which is
8. Profiteering so wilful, flagrant or shameless as to show indifference
9. Murder to the opinion of good and respectable members of the
10. Estafa community.
11. Robbery
Grossly Immoral Conduct – so corrupt as to constitute Moral Turpitude – everything which is done contrary
an act or so unprincipled as to be reprehensible to a to justice, modesty or good morals; an act of baseness
high degree or committed under such scandalous or vileness or depravity in the private and social duties
revolting circumstances as to shock the common sense which a man owes his fellowmen, or to society in
of decency. general, contrary to justice, honesty, modesty or good
morals. An act intrinsically immoral, regardless of
 Disbarment of a lawyer. A lawyer may be
whether it is punishable or not.
disbarred for any misconduct whether in his
professional or private capacity, which shows him  The discretion belongs to the court whether a
to be wanting in moral character, in honesty, crime involves moral turpitude. It may be a
probity, and good demeanor or unworthy to question of fact and frequently depends on the
continue as an officer of the court. Lawyers may be surrounding circumstances.
removed or suspended from office other than  The elements of crime can be a critical factor in
statutory grounds because it renders him unfit and determining moral turpitude
unworthy of the privileges of a lawyer. He may be
removed whenever he ceases to possess good
moral character. History of Moral Turpitude:
Moral Character – is what a person really is; not what  US Immigration laws 17th century
he or other people think he is.  (Sam vs. de George) de George, an Italian
Good Reputation – the opinion generally entertained of immigrant was convicted twice of conspiracy to
him, the estimate in which he is held by the public in the defraud the US gov’t of taxes on distilled spirits.
place where he is known. Board of Immigration Appeals ordered his
deportation on the basis of Immigration Act that
 Power of the courts to discipline lawyers. The allows deportation of immigrants who commit
grounds for disbarment in the Rules of Court is not multiple crimes involving moral turpitude.
exclusive and the power of the courts to exclude  Crimes in which FRAUD was an ingredient have
unfit and unworthy members of the profession is always been regarded as involving moral turpitude
inherent. It is necessary incident to its proper
administration of justice. It may be exercise w/o Problems with the definition of Moral Turpitude:
any special statutory authority unless positively 1. Broad – vague and indefinite (IRRI vs. NLRC) the
prohibited by statute. That power may be meaning of which must be left to judicial inclusion
exercised in any manner provided that the party or exclusion
too be disbarred is given a fair trial and opportunity 2. The definition also assumes the existence of a
to be heard. universally recognized code for socially accepted
 Practice of Law as Privilege. The privilege to behaviour – “private and social duties to man, or to
practice legal profession is not enjoyed simply by society in general. PROBLEM: the definition does
passing the bar. It can be revoked subject to the not provide examples of acts which violate them.
mandate of due process, once a lawyer violates his Only “baseness”, “vileness”, and depravity – which
oath and the dictates of legal ethics. It is bestowed describes moral reactions to the act than the act
only upon individuals who are competent itself.
intellectually, academically and, equally important, 3. As a legal standard, it fails to inform everyone what
morally. it requires.
 Duties of a lawyer. To adhere unwaveringly to the
highest standard of morality. They are called upon 3 Perspectives or Approaches:
to safeguard the integrity of the Bar, free from 1. Objective perspective of the act itself, irrespective
misdeeds and acts constitutive of malpractice. A of whether the act is a crime or not
lawyer should also have a moral integrity in
addition to moral probity. Lawyers must be
ministers of truth. Vanguards of law
Zari v. Flores, moral turpitude goes beyond being of justice and adds to the already congested court
merely mala prohibita, the act itself must be inherently dockets.
immoral.
Sub judice Rule – restricts comments and disclosures
An act intrinsically immoral, regardless of whether it is pertaining to pending judicial proceedings. Restriction
punishable or not. applies not only to the participants of the case but also
to the members of the bar and bench, litigants and
2. From the perspective of the crime itself, as defined
witnesses, and to the public in general. (indirect
through its element
contempt)
Paras vs. Vailoces, all crimes of which fraud is an
 The danger posed by its class of speech is the
element are looked on as involving moral turpitude
undue influence it may directly exert on the court
3. Subjective Approach in the resolution of the criminal case, or indirectly
through the public opinion it may generate against
A question of fact and frequently depends on all the the accused and the adverse impact this public
surrounding circumstances opinion may have during the trial. Prejudices the
The TOTALITY OF THE FACTS unmistakably bears the accused’s right to fair trial.
earmarks of moral turpitude There is Conflict of Interest –
The safest approach to avoid being misled in one’s
 When a lawyer represents inconsistent interests
conclusion is to apply all three approaches, if possible,
of two or more opposing parties.
and to evaluate the results from each approach
 If acceptance of the new retainer will require
Champertous Contract – a contract between a stranger the lawyer to perform an act which will
and a party to a lawsuit, whereby the stranger pursues injuriously affect his first client in any matter in
the party’s claim in consideration of receiving part or which he represents him and also whether he
any of the proceeds recovered under the judgment; a will be called upon in his new relation to use
bargain by a stranger with a party to a suit, by which against his first client any knowledge acquired
such person undertakes to carry on the litigation at his through their connection.
own cost and risk, in consideration of receiving, if
Test of Conflict of Interest:
successful, a part of the proceeds or subject sought to
be recovered. 1. WON in behalf of one client, it the lawyer’s duty
to fight for an issue or claim but it his duty to
 An agreement whereby the attorney agrees to
oppose it to the other client.
pay expenses of proceedings to enforce the
2. Whether the acceptance of new relation will
client’s right is champertous. This is against
prevent an attorney from the full discharge of
public policy.
his duty of undivided fidelity and loyalty to his
 The execution of this contract violates the the client or invite suspicion of unfaithfulness or
fiduciary relationship between the lawyer and double dealing in the performance thereof.
his client, for which the former must incur
administrative sanction. Attorney’s Lien – the right of a lawyer to hold client’s
property or money until payment has been made for
Ambulance Chasing – solicitation of almost any kind of legal aid and advice given.
legal business by an attorney, personally or through an
agent in order to gain employment Lien – security interest used by a creditor to ensure
payment by a debtor for money owed.
Forum Shopping – institution of 2 or more suits in
different courts, either simultaneously or successively, Charging Lien – attorney’s right to a portion of the
in order to ask the courts to rule on the same or related judgment that was won for the client through
causes and/or grant the same or substantially the same professional services. Specific lien, covers claim on
reliefs. Prohibited act because it trifles with the courts money obtained in a particular action.
and abuses their process. Degrades the administration
Retaining Lien – general in scope, extends to all of a 5. Relevant sections of Art. VIII Phil. Const.
client’s property that an attorney might come into
Section 6. The Supreme Court shall have administrative
possession of during the course of a lawsuit.
supervision over all courts and the personnel thereof.
Assumpsit (he undertook or he promised) – a promise
Section 7. (1) No person shall be appointed Member of
by which someone assumes or undertakes an obligation
the Supreme Court or any lower collegiate court unless
to another person. May be oral or writing but not under
he is a natural-born citizen of the Philippines. A Member
seal. Express – when person making the promise puts it
of the Supreme Court must be at least forty years of
in a specific and distinct language. Implied – sometimes
age, and must have been for fifteen years or more, a
the law imposes obligations based on the conduct of
judge of a lower court or engaged in the practice of law
the parties or the circumstances of their dealing.
in the Philippines.
Quantum Meruit – (as much as he deserves) used as
(2) The Congress shall prescribe the
basis in determining lawyer’s professional fee in the
qualifications of judges of lower courts, but no person
absence of a contract.
may be appointed judge thereof unless he is a citizen of
 Essential requisite: acceptance of the benefits the Philippines and a member of the Philippine Bar.
by one sought to be charged by the services
(3) A Member of the Judiciary must be a person
rendered under circumstances are reasonably
of proven competence, integrity, probity, and
to notify him that the lawyer performing the
independence.
task was expecting to be paid compensation
 A device to prevent undue enrichment Section 11. The Members of the Supreme Court and
judges of lower courts shall hold office during good
Lifting of suspension is not automatic upon the end of
behavior until they reach the age of seventy years or
the period stated in the Court’s decision, and an order
become incapacitated to discharge the duties of their
from the court lifting the suspension at the end of the
office. The Supreme Court en banc shall have the power
period is necessary in order to enable him to resume
to discipline judges of lower courts, or order their
the practice of his profession.
dismissal by a vote of a majority of the Members who
Sui Generis (In Re: Almacen) actually took part in the deliberations on the issues in
the case and voted thereon.
Preponderance of Evidence
Section 12. The Members of the Supreme Court and of
 Lawyers enjoy presumption of innocence other courts established by law shall not be designated
 Burden of proof lies on complainant to any agency performing quasi-judicial or
 If the pieces of evidence are equally balance, administrative functions.
the equipoise doctrine mandates the decision
in favour of respondent. Section 14. No decision shall be rendered by any court
 There must be clear, convincing and satisfactory without expressing therein clearly and distinctly the
proof. facts and the law on which it is based.

Determining Preponderance of Evidence: No petition for review or motion for reconsideration of

a decision of the court shall be refused due course or
1. All the facts and circumstances of the case denied without stating the legal basis therefor.
2. The witnesses’ manner of testifying, intelligence,
means and opportunity of knowing the facts to
which they are testifying, nature of the facts to
6. Rule 138-A (Law Student Practice Rule)
which they testify, and the probability and
improbability of their testimony. Section 1. Conditions for student practice. — A law
3. Witnesses’ interest or want of interest and student who has successfully completed his 3rd year of
personal credibility as may appear in the trial the regular four-year prescribed law curriculum and is
4. Number of witnesses enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court,
may appear without compensation in any civil, criminal 7. Western Visayas
or administrative case before any trial court, tribunal, 8. Eastern Mindanao
board or officer, to represent indigent clients accepted 9. Western Mindanao
by the legal clinic of the law school.
Organization of IBP
Section 2. Appearance. — The appearance of the law
student authorized by this rule, shall be under the direct 1. House of Delegates – not more than 120 members
supervision and control of a member of the Integrated (at least 1 member per chapter) Term: 4 years [Sec.
Bar of the Philippines duly accredited by the law school. 5]
Any and all pleadings, motions, briefs, memoranda or 2. Board of Governors – 9 governors; one per region
other papers to be filed, must be signed by the (to be elected by HD) Term: 1 year, not more than
supervising attorney for and in behalf of the legal clinic. 2 consecutive terms [Sec. 6]
3. Officers:
Section 3. Privileged communications. — The Rules  President
safeguarding privileged communications between  Exec. Vice President
attorney and client shall apply to similar (both chosen by BoG for a term of one year)
communications made to or received by the law  Treasurer
student, acting for the legal clinic.  Such other officers and employees as may be
required by the Board of Governors – appointed
Section 4. Standards of conduct and supervision. — The by the President with the consent of the Board
law student shall comply with the standards of and to hold office at the pleasure of the Board
professional conduct governing members of the Bar. or for such terms as it may fix; need not be
Failure of an attorney to provide adequate supervision members of the Integrated Bar.
of student practice may be a ground for disciplinary
action. (Circular No. 19, dated December 19, 1986). Section 11. Voluntary termination of membership; re-
instatement
— A member may terminate his membership by filing a
written notice to that effect with the Secretary of the
7. RULE 139-A Integrated Bar, who shall immediately bring the matter
Integrated Bar of the Philippines to the attention of the Supreme Court. Forthwith he
(important provisions/notes only) shall cease to be a member and his name shall be
stricken by the Court from the Roll of Attorneys.
Section 1. Organization. — There is hereby organized an Reinstatement may be made by the Court in
official national body to be known as the "Integrated accordance with rules and regulations prescribed by
Bar of the Philippines," composed of all persons whose the Board of Governors and approved by the Court.
names now appear or may hereafter be included in the
Roll of Attorneys of the Supreme Court. Section 13. Non-political Bar. — The Integrated Bar shall
be strictly non-political, and every activity tending to
Section 2. Purposes. — The fundamental purposes of impair this basic feature is strictly prohibited and shall
the Integrated Bar shall be to elevate the standards of be penalized accordingly. No lawyer holding an
the legal profession, improve the administration of elective, judicial, quasi-judicial, or prosecutory office in
justice, and enable the Bar to discharge its public the Government or any political subdivision or
responsibility more effectively. instrumentality thereof shall be eligible for election of
appointment to any position in the Integrated Bar or
Section 3. Regions. — The Philippines is hereby divided
any Chapter thereof shall be considered ipso
into nine Regions of the Integrated Bar, to wit:
facto resigned from his position as of the moment he
files his certificate of candidacy for any elective public
1. Northern Luzon
2. Central Luzon office or accepts appointment to any judicial, quasi-
3. Greater Manila judicial, or prosecutory office in the Government or any
4. Southern Luzon political subdivision or instrumentality thereof.
5. Bicolandia
6. Eastern Visayas