ETHICS MIDTERMS REVIEWER 2018 present every defense that the law permits, to the

end that no person may be deprived of life or

I. What is the power to regulate the practice of law? liberty, but by due process of law.
Art. VIII Sec5 (5), 1987 Constitution
Promulgate rules concerning the protection and III. What are the four-fold duties of a lawyer?
enforcement of constitutional rights, pleading, practice, and A lawyer has duty to his society, to be an exemplar
procedure in all courts, the admission to the practice of law, for righteousness. He must be ready to render legal aid, and
the integrated bar, and legal assistance to the foster social reforms. He is a guardian of due-process,
underprivileged. Such rules shall provide a simplified and aware of his special role in the solution of special problems
inexpensive procedure for the speedy disposition of cases, and he is always ready to lend assistance in the study and
shall be uniform for all courts of the same grade, and shall solution of social problems
not diminish, increase, or modify substantive rights. Rules of To the legal profession, a lawyer must show candor
procedure of special courts and quasi-judicial bodies shall and fairness, courtesy and truthfulness to his colleagues. He
remain effective unless disapproved by the Supreme Court must avoid encroachment in the business of other lawyers,
and uphold the honor of the law profession.
II. What are the Duties Attorneys? As to the Court, a lawyer must respect or defend
Rule 138 of Rules of Court Section 20. Duties of the court against criticisms. He must uphold its authority
attorneys. — It is the duty of an attorney: and dignity, obey order and it’s processes, and assist in the
(a) To maintain allegiance to the Republic of speedy administration of justice
the Philippines and to support the Constitution and And to his Client, a lawyer must entirely devoted to
obey the laws of the Philippines. uphold and support his client’s interest and cause.
(b) To observe and maintain the respect due to
the courts of justice and judicial officers; IV. What constitutes notarial practice?
(c) To counsel or maintain such actions or A notary public can perform the following
proceedings only as appear to him to be just, and Notarial acts:
such defenses only as he believes to be honestly 1. Acknowledgments, represents to the notary
debatable under the law. public that the signature was voluntarily affixed for
(d) To employ, for the purpose of maintaining the purposes stated in the instrument and declares
the causes confided to him, such means only as are that the instrument was executed as a free and
consistent with truth and honor, and never seek to voluntary act
mislead the judge or any judicial officer by an 2. Oaths and affirmations, Avows under penalty of
artifice or false statement of fact or law; law to the whole truth
(e) To maintain inviolate the confidence, and at 3. Jurats, to sign the instrument and take an oath or
every peril to himself, to preserve the secrets of his affirmation before the notary public as to such
client, and to accept no compensation in instrument
connection with his client's business except from 4. Signature witnessing, signing of the instrument in
him or with his knowledge and approval; the presence of the notary public
(f) To abstain from all offensive personality 5. Copy certifications
and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by V. What constitutes the practice of law?
the justice of the cause with which he is charged; The practice of law is any activity, in or out
(g) Not to encourage either the of court, which requires the application of law, legal
commencement or the continuance of an action or procedure, knowledge, training and experience. It is
proceeding, or delay any man's cause, from any to give notice or render any kind of service, which
corrupt motive or interest; device or service requires the use in any degree of
(h) Never to reject, for any consideration legal knowledge or skill [Cayetano v.Monsod, G.R.
personal to himself, the cause of the defenseless or No. 100113 (1991)].
oppressed;
(i) In the defense of a person accused of crime, According to Justice Padilla, in his dissent in
by all fair and honorable means, regardless of his Cayetano v. Monsod, the following factors are
personal opinion as to the guilt of the accused, to

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 considered in determining whether there is practice necessarily imply corruption or criminal intent. [Father
of law [HACA]: Aquino v. Atty.Pascua A.C. No.5095 (2007)]
He caused dishonor, not only to himself but to the
(1) Habituality – Practice of law implies customarily noble profession to which he belongs. For, it cannot be
or habitually holding one's self out to the public as a denied that the respect of litigants to the profession is
lawyer. It is more than an isolated appearance for it inexorably diminished whenever a member of the
consists in frequent or customary action. profession betrays their trust and confidence. Respondent
* However, an isolated appearance may constitute violated his oath to conduct himself with all good fidelity to
practice of law when there is a rule prohibiting his client. [Velez v. Atty.De Vera A.C. No.6697 (2006)]
some persons from engaging in the exercise of the
legal profession.
(2) Application of law, legal principles, practices or VI. Can a disbarred lawyer be reinstated to the bar?
procedure – It calls for legal knowledge, training The applicant must, like a candidate for admission
and experience. to the bar, satisfy the Court that he is a person of good
(3) Compensation– Practice of law implies that one moral character, a fit and proper person to practice law. The
must have presented himself to be in the active and Court will take into consideration the applicants character
continued practice of the legal profession and that and standing prior to the disbarment, the nature and
his professional services are available to the public character of the charge/s for which he was disbarred, his
for compensation. conduct subsequent to the disbarment, and the time that
(4) Attorney-client relationship – Where no such has elapsed between the disbarment and the application for
relationship exists, such as in cases of teaching law reinstatement In short, a disbarred lawyer must prove that
or writing law books he’s already a changed man.

Teaching law is considered practice of law VII. What is the law student practice rule?
because the fact of their being law professors is A law student who has successfully completed third
inextricably intertwined with the fact that they are year of the regular four-year prescribed law curriculum and
lawyers is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may
VI. When can one be qualified to practice the legal appear without compensation in any civil, criminal or
profession? administrative case before any trial court, tribunal, board or
Passing the bar is not the only qualification to officer, to represent indigent clients accepted by the legal
become an attorney-at-law. Two essential requisites for clinic of the law school [Sec. 1, Rule 138-A].
becoming a lawyer still had to be performed, namely: his The appearance of the law student shall be under
lawyer’s oath to be administered by this Court and his the direct supervision and control of a member of the
signature in the roll of attorneys [Aguirre v. Rana, B.M 1036 Integrated Bar of the Philippines duly accredited by the law
(2003)] school. Any and all pleadings, motions, briefs, memoranda
The practice of law is a privilege bestowed only to or other papers to be filed, must be signed by the
those who are morally fit. A bar candidate who is morally supervising attorney for and in behalf of the legal clinic [Sec.
unfit cannot practice law even if he passes the bar 2, Rule 138-A].
examinations [Aguirre v. Rana, B.M 1036 (2003)] The Rules safeguarding privileged communications
between attorney and client shall apply [Sec. 3, Rule 138-A].
V. Good Moral Character The law student shall comply with the standards of
Every applicant for admission as a member of the professional conduct governing members of the bar. Failure
bar must be of good moral character and must produce of an attorney to provide adequate supervision of student
before the SC satisfactory evidence of good moral practice may be a ground for disciplinary action [Sec. 4, Rule
character, and that no charges against him, involving moral 138-A].
turpitude, have been filed or are pending in any court in the Sec. 34, Rule 138 is clear that appearance before the
Philippines. [Sec. 2, Rule 138, RoC] inferior courts by a non-lawyer is allowed, irrespective of
Misconduct generally means wrongful, improper or whether or not he is a law student [Cruz v. Mina, G.R.
unlawful conduct motivated by a premeditated, obstinate 154207
or intentional purpose. The term, however, does not (2007)].

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Thus, a law student may appear under the circumstances of We emphasized that the judgment of suspension
Sec. 38, as an agent or a friend of a party litigant, without against a Filipino lawyer in a foreign jurisdiction does not
complying with the requirements of Rule 138- A, e.g., automatically result in his suspension or disbarment in the
supervision of a lawyer. Philippines as the acts giving rise to his suspension are not
grounds for disbarment and suspension in this jurisdiction.
VIII. Lawyer’s oath Judgment of suspension against a Filipino lawyer may
I ________ do solemnly swear my allegiance to the transmute into a similar judgment of suspension in the
Republic of the Philippines; Philippines only if the basis of the foreign courts action
I will support the constitution and obey the laws as includes any of the grounds for disbarment or suspension in
well as the legal orders of the duly constituted authorities this jurisdiction. We likewise held that the judgment of the
therein; foreign court merely constitutes prima facie evidence of
I will do no falsehood nor consent to the doing of unethical acts as lawyer. (Maquera Case)
any in court;
I will not wittingly or willingly, promote or sue; XI. What is the nature of a Disbarment Proceedings?
groundless, false or unlawful suit nor consent to the doing (1) Disciplinary proceedings are sui generis.
of the same; (2) They are neither purely civil nor purely criminal. They
I will delay no man for money or malice and will are not intended to inflict punishment.
conduct myself as a lawyer to best of my knowledge and (3) They do not involve a trial of an action or a suit, but is
discretion with all fidelity as well as to the courts as to my rather an investigation by the Court into the conduct of its
clients; and officers. There is neither a plaintiff nor a prosecutor.
I impose myself these voluntary obligations, (4) They may be initiated by the Court motu proprio. The
without any mental reservation or purpose of evasion. So Court merely calls upon a member of the Bar to account for
help me God. his actuations as an officer of the Court with the end in view
of preserving the purity of the legal profession and the
IX. Does the membership in the IBP violate freedom to proper and honest administration of justice in the exercise
associate? of its disciplinary powers.
No An "Integrated Bar" is a State-organized Bar, to (5) Public interest is the primary objective, and the real
which every lawyer must belong, as distinguished from bar question for determination is whether or not the attorney is
associations organized by individual lawyers themselves, still a fit person to be allowed the privileges as such [In Re:
membership in which is voluntary. Integration of the Bar is Almacen (1970),
essentially a process by which every member of the Bar is
afforded an opportunity to do his share in carrying out the XII. Respect for law and Legal Processes
objectives of the Bar as well as obliged to bear his portion of Canon 1. A lawyer shall uphold the Constitution,
its responsibilities. Organized by or under the direction of obey the laws of the land and promote respect for law and
the State, an integrated Bar is an official national body of legal process.
which all lawyers are required to be members. They are, Rule 1.01. A lawyer shall not engage in
therefore, subject to all the rules prescribed for the unlawful, dishonest, immoral or deceitful conduct.
governance of the Bar, including the requirement of Rule 1.02. A lawyer shall not counsel or
payment of a reasonable annual fee for the effective abet activities aimed at defiance of the law or at
discharge of the purposes of the Bar, and adherence to a lessening confidence in the legal profession.
code of professional ethics or professional responsibility Rule 1.03. A lawyer shall not, for any
breach of which constitutes sufficient reason for corrupt motive or interest, encourage any suit or
investigation by the Bar and, upon proper cause appearing, delay any man’s cause.
a recommendation for discipline or disbarment of the Rule 1.04. A lawyer shall encourage his
offending member. [In re: Atty. Edillon, AM 1928(1978)] clients to avoid, end or settle a controversy if it will
admit of a fair settlement.
Since practice of law is clothed with public interest it must
be subject to regulation. Public welfare is the supreme law What is Ambulance chasing?
Unethical practice of inducing personal
X. Effect of Foreign Disbarment injury victims to bring suits. The practice of lawyers

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 in frequenting hospitals and homes of the injured to Free access to the courts and quasi-judicial
convince them to go to court [LexPareto (2014)] bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. [Sec. 11,
Accident-site solicitation of any kind of legal Art. III, 1987 Constitution]
business by laymen employed by an attorney for
the purpose or by the attorney himself. Supports Legal aid is not a matter of charity. It is a means for
perjury, the defrauding of innocent persons by the correction of social imbalance that may and often do
udgments, upon manufactured causes of actions lead to injustice, for which reason it is a public responsibility
and the defrauding of injured persons having of the bar [IBP Handbook, Guidelines Governing the
proper causes of action but ignorant of legal rights Establishment and Operation of the Legal Aid Office].
and court procedure.
Rule 2.02. In such cases, even if the lawyer
A lawyer may be disciplined in his does not accept a case, he shall not refuse to render
professional and private capacity. The filing of legal advice to the person concerned if only to the
multiple complaints reflects on his fitness to be a extent necessary to safeguard the latter’s rights.
member of the legal profession. His conduct of
vindictiveness a decidedly undesirable trait Rule 2.03. A lawyer shall not do or permit to
especially when one resorts to using the court not be done any act designed to primarily solicit legal
to secure justice but merely to exact revenge business.
warrants his dismissal from the judiciary.
[Saburnido v.Madrono, A.C. No. 4497 (2001)] Law is not a business but a profession.
Unlike a businessman, the lawyer has:
A lawyer shall encourage his clients to avoid, end or (1) Relation to the administration of justice
settle controversy if it will admit of a fair settlement (Rule involving sincerity, integrity and reliability as an
1.04) officer of the court;
(2) Duty of public service;
The function of a lawyer is not only to conduct (3) Relation to clients with the highest degree of
litigation but to avoid it where possible, by advising fiduciary;
settlement or withholding suit. He must act as mediator for (4) Relation to colleagues at the bar characterized
compromise rather than an instigator and conflict by candor, fairness and unwillingness to resort to
It is the duty of a counsel to advise his client, business methods of advertising and encroachment
ordinarily a layman to the intricacies and vagaries of the on their practice, or dealing directly with their
law, on the merit or lack of merit of his case. If he finds that clients
his client's cause is defenseless, then it is his bounden duty
to advise the latter to acquiesce and submit, rather than Rule 2.04. A lawyer shall not charge rates
traverse the incontrovertible. A lawyer must resist the lower than those customarily prescribed unless the
whims and caprices of his client, and temper his client’s circumstances so warrant
propensity to litigate. A lawyer's oath to uphold the cause of (To prevent competition in charging
justice is superior to his duty to his client; its primacy is professional fees to attract clients in favor the
indisputable [Castañeda v. Ago, G.R. No. L-28546 (1975)] lawyer charging a lower rate)

XIII. Provide Efficient and Convenient Legal Services XIV. Information on Legal Services that is True, Honest, Fair,
Canon 2. A lawyer shall make his legal services Dignified and Objective
available in an efficient and convenient manner compatible
with the independence, integrity and effectiveness of the Canon 3. A lawyer in making known his lega services shall
profession. use only true, honest, fair, dignified and objective
Rule 2.01. A lawyer shall not reject, except information or statement of facts.
for valid reasons, the cause of the defenseless or Rule 3.01. A lawyer shall not use or permit
the oppressed. the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair

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 statement or claim regarding his qualifications or As long as it is pursuant to true, honest, fair and
legal services. dignified objective.

The most worthy and effective advertisement Rule 3.02. In the choice of a firm name, no
possible, even for a young lawyer, and especially with his false, misleading or assumed name shall be used.
brother lawyers, is the establishment of a well-merited The continued use of the name of a deceased
reputation for professional capacity and fidelity to trust. partner is permissible provided that the firm
This cannot be forced, but must be the outcome of indicates in all its communications that said partner
character and conduct [In re: Tagorda, G.R. No. 32329, is deceased.
(1929)].
Firms may not use misleading names showing
What are the allowable Advertisements as a association with other firms to purport legal services of
lawyer? highest quality and ties with multinational business
(1) Ordinary simple professional card; enterprise especially when such firm attached as an
(2) Publication in reputable law list with brief biographical associate cannot legally practice law in the Philippines
and other informative data which may include: [Dacanay v. Baker and McKenzie, A.C. 2131 (1985)].
(a) Name;
(b) Associates; Rule 3.03. Where a partner accepts public
(c) Address; office, he shall withdraw from the firm and his
(d) Phone numbers; name shall be dropped from the firm name unless
(e) Branches of law practiced; the law allows him to practice law concurrently.
(f) Birthday;
(g) Day admitted to the bar; Purpose: To prevent the law firm from using
(h) Schools and dates attended; his name to attract legal business and to avoid
(i) Degrees and distinctions; suspicion of undue influence
(j) Public or quasi-public offices;
(k) Posts of honor; It is unlawful for a public official or
(l) Legal authorships; employee to, among others, engage in the private
(m) Teaching positions; practice of their profession, unless authorized by
(n) Associations; the Constitution or law, provided that such practice
(o) Legal fraternities and societies; will not conflict or tend to conflict with official
(p) References and regularly represented clients functions [Samonte v. Gatdula, A.M. No. P-99-1292
must be published for that purpose [Ulep v. The (1999)].
Legal Clinic, Inc., B.M. No. 553 (1993)];
(3) Publication of simple announcement of opening of law
firm, change of firm; Rule 3.04. A lawyer shall not pay or give
(4) Listing in telephone directory but not under designation anything of value to representatives of the mass
of special branch of law; media in anticipation of, or in return for, publicity to
(5) If acting as an associate (specializing in a branch of law), attract legal business.
may publish a brief and dignified announcement to lawyers
(law list, law journal); XV. Participate in Development: Support Legal Reforms and
(6) If in media, those acts incidental to his practice and not Administration of Justice
of his own initiative;
(7) Writing legal articles; Canon 4. A lawyer shall participate in the
(8) Activity of an association for the purpose of legal development of the legal system by initiating or supporting
representation. The law list must be a reputable law list efforts in law reform and in the improvement of the
published primarily for that purpose; it cannot be a mere administration of justice.
supplemental feature of a paper, magazine, trade journal or
periodical which is published primarily for other purposes XVI. Participation in the Legal Program

How about use of website?

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 Canon 5. A lawyer shall keep abreast of legal The “matter” contemplated are those that
developments, participate in continuing legal education are adverse-interest conflicts (substantial
programs, support efforts to achieve high standards in law relatedness and adversity between the government
schools as well as in the practical training of law students matter and the new client’s matter in interest) and
and assist in disseminating information regarding the law congruent-interest representation conflicts.
and jurisprudence. “Intervention” should be significant and substantial
which can or have affected the interest of others
What is MCLE? [PCGG v. Sandiganbayan, G.R. Nos. 151809- 12
MANDATORY CONTINUING LEGAL EDUCATION (2005)].
(MCLE) PROGRAM A program which requires lawyers to
showproof of having undertaken improvement in their XVIII. Uphold the Dignity and Integrity of the Legal
knowledge as a precondition for renewing their license to Profession
practice
Canon 7. A lawyer shall at all times uphold
XVII. Canons Apply to Lawyers in Government Service the integrity and dignity of the legal
profession and support the activities of the
Canon 6. These canons shall apply to lawyers in Integrated Bar.
government service in the discharge of their official duties.
A lawyer can engage in the practice of law only by
May a former government lawyer appear in a case paying his dues, and it does not matter if his practice is
against the government? “limited.” Moreover, senior citizens are not exempted from
YES, he may appear in a case unless there is paying membership dues [Santos v. Llamas, A.C.
a specific ethical rule or provision of law which 4749 (2000)].
prohibits him from doing so.
In a case involving a Filipino lawyer staying abroad,
Rule 6.01. The primary duty of a lawyer the Supreme Court said that there is nothing in the law or
engaged in public prosecution is not to convict but rules, which allows his exemption from payment of
to see that justice is done. The suppression of facts membership dues. At most, he could have informed the
or the concealment of witnesses capable of Secretary of the Integrated Bar of his intention to stay
establishing the innocence of the accused is highly abroad before he left. In such case, his membership in the
reprehensible and is cause for disciplinary action IBP could have been terminated and his obligation to pay
dues discontinued [Letter of Atty. Arevalo, B.M. 1370
Rule 6.02. A lawyer in the government (2005)].
service shall not use his public position to promote
or advance his private interests, nor allow the latter Rule 7.01. A lawyer shall be answerable for
to interfere with his public duties.. knowingly making a false statement or suppressing
a material fact in connection with his application for
Rule 6.03. A lawyer shall not, after leaving admission to the bar.
government service, accept engagement or
employment in connection with any matter in Rule 7.02. A lawyer shall not support the
which he had intervened while in said service. application for admission to the bar of any person
known by him to be unqualified in respect to
General rule: Practice of profession is character, education, or other relevant attribute.
allowed immediately after leaving public service.
A lawyer should not readily execute an
Exceptions: The lawyer cannot practice as affidavit of good moral character in favor of
to matters with which he had connection during his an applicant who has not live up to the
term. This prohibition lasts: standard set by law
(1) For one year, if he had not intervened;
(2) Permanently, if he had intervened. Rule 7.03. A lawyer shall not engage in
conduct that adversely reflects on his fitness to

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 practice law, nor shall he, whether in public or How to not encroach another’s client?
private life, behave in a scandalous manner to the (1) Accept employment to handle a matter
discredit of the legal profession. previously handled by another lawyer:
(a) Provided the other lawyer has been
It is not necessary for a lawyer to be given notice of termination of service lest it
convicted for an offense before a lawyer can be amounts to an improper encroachment
disciplined for gross immorality upon the professional employment of the
original counsel
What are acts the adversely affects the legal (b) In the absence of a notice of termination
profession? from the client, provided he has obtained
the conformity of the counsel whom he
(1) Having adulterous relationships or would substitute; or
keeping mistresses; (c) In the absence of such conformity, a
(2) Siring a child with a woman other than lawyer must at least give sufficient notice to
legal wife [Zaguirre v. Castillo, A.C. 4921 original counsel so that original counsel has
(2003)]; the opportunity to protect his claim against
(3) Conviction of a crime involving moral the client.
turpitude; (2) Give advice or assistance to any person who
(4) Commission of fraud or falsehood. seeks relief against an unfaithful or neglectful
lawyer;
XIX. Courtesy, Fairness, Candor towards Professional (3) Associate as a colleague in a case, provided he
Colleagues communicate with the original counsel before
making an appearance as co-counsel:
Canon 8. A lawyer shall conduct himself with (a) Should the original lawyer object, he
courtesy, fairness and candor toward his professional should decline association but if the original
colleagues, and shall avoid harassing tactics against lawyer is relieved, he may come into the
opposing counsel. case;
(b) Should it be impracticable for him,
Rule 8.01. A lawyer shall not, in his whose judgment has been overruled by his
professional dealings, use language, which is co- counsel to cooperate effectively, he
abusive, offensive or otherwise improper. should ask client to relieve him.

What is improper language? XX. Unauthorized Practice of Law

(1) Behaving without due regard for the trial court and the
opposing counsel and threatening the court that he would Canon 9 A lawyers shall not direct or indirectly,
file a petition for assist in the unauthorized practice of law
(2) Filing of a civil case against the opposing counsel without
justification but only to get leverage in the pending case Rule 9.01 a lawyer shall not
(3) Calling an adverse counsel as “bobo” or using the word delegate to any unqualified person the performance
“ay que bobo” in reference to the manner of offering of any task which by law may only performed by a
evidence member of a bar in good standing.
(4) Stating that “justice is blind and also “deaf and dumb”” XPN: Student law practice
[In Re: Almacen, G.R. L-27654(1970)].
Rule 9.02. A lawyer shall not divide
Rule 8.02. A lawyer shall not, directly or or stipulate to divide a fee for legal services with
indirectly, encroach upon the professional persons not licensed to practice law, except:
employment of another lawyer; however, it is the (a) Where there is a pre-existing agreement with a
right of any lawyer, without fear or favor, to give partner or associate that, upon the latter’s death,
proper advice and assistance to those seeking relief money shall be paid over a reasonable period of
against unfaithful or neglectful counsel. time to his estate or to persons specified in the
agreement; or

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 (b) Where a lawyer undertakes to complete Rule 10.03. A lawyer shall observe the rules
unfinished legal business of a deceased lawyer; or of procedure and shall not misuse them to defeat
(c) Where a lawyer or law firm includes nonlawyer the ends of justice.
employees in a retirement plan, even if the plan is
based in whole or in part, on a profitable sharing Filing multiple actions constitutes an abuse of the
arrangement. court’s processes. Those who file multiple or repetitive
actions subject themselves to disciplinary action for
The unauthorized practice of law applies to both incompetence or willful violation of their duties as attorneys
lawyers and non-lawyers prohibited from the private to act with good fidelity to the courts, and to maintain only
practice of law. The purpose is to protect the public, the such actions that appear to be just and consistent with truth
court, the client and the bar from the incompetence or and honor
dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the court A lawyer should not abuse his right of recourse to
the courts for the purpose of arguing a cause that had been
XXI. Observe Candor, Fairness and Good Faith repeatedly rebuffed.

Canon 10. A lawyer owes candor, fairness and good XXII. Respect for the Courts and Judicial Officers
faith to the court.
Canon 11. A lawyer shall observe and maintain the
A lawyer is, first and foremost, an officer of the respect due to the courts and to judicial officers and should
court before a counsel to his client. insist on similar conduct by others

Rule 10.01. A lawyer shall not do any Lawyers are duty bound to uphold the dignity and
falsehood, nor consent to the doing of any in court; authority of the Court to promote the administration of
nor shall he mislead, or allow the court to be misled justice. Respect to the courts guarantees the stability of
by any artifice. other institutions.

A lawyer must be a disciple of truth. While a lawyer Liberally imputing sinister and devious motives and
has the solemn duty to defend his client’s cause, his questioning the impartiality, integrity, and authority of the
conduct must never be at the expense of truth. [Young v. members of the Court result in the obstruction and
Batuegas, A.C. perversion of the dispensation of justice [Estrada v.
5379 (2003)]. Sandiganbayan, G.R. 148560 (2000)].

Rule 10.02. A lawyer shall not knowingly Rule 11.01. A lawyer shall appear in court
misquote or misrepresent the contents of a paper, properly attired.
the language or the argument of opposing counsel,
or the text of a decision or authority, or knowingly Rule 11.02. A lawyer shall punctually appear
cite as law a provision already rendered inoperative at court hearings
by repeal or amendment, or assert as a fact that
which has not been proved. Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing language or
It is the bounden duty of courts, judges and lawyers behavior before the courts
to reproduce or copy the same word for- word and (You are an officer of the court before you
punctuation mark-for punctuation mark the decisions of the are a lawyer)
Supreme Court. Ever present is the danger that if not
faithfully and exactly quoted, the decisions and rulings may The language can be forceful and
lose their proper and correct meaning, to the detriment of empathetic but must be respectful and dignified –
other courts, lawyers and the public who may thereby be Atty. Canlas
misled [Insular Life Employees Co. v. Insular Life Association,
G.R. L-25291 (1971)].

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 Lawyers cannot resort to scurrilous remarks
that have the tendency to degrade the courts and
destroy the public confidence in them [In Re:
Almacen, G.R. L-27654 (1970)].

Rule 11.04. A lawyer shall not

attribute to a Judge motive not supported
by the record or have no materiality to the
case.

Such act would undermine the confidence of the

people in the honesty and integrity of the members of the
court, and would consequently lower or degrade the
administration of justice [In Re: Almacen, G.R. L-27654
(1970)].
The rule allows criticism so long as it is supported by
the record or it is material to the case. A lawyer’s right to
criticize the acts of courts and judges in a proper and
respectful way and through legitimate channels is well
recognized

Rule 11.05. A lawyer shall submit

grievances against a Judge to the proper
authorities only. The duty to respect does
not preclude a lawyer from filing
administrative complaints against erring
judges.

The constitutional right to freedom of expression of

members of the bar may be circumscribed by their ethical
duties as lawyers to give due respect to the courts and to
uphold the public’s faith in the legal profession and the
justice system

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