Dean Duka - LEGAL ETHICS PDF
Dean Duka - LEGAL ETHICS PDF
Dean Duka - LEGAL ETHICS PDF
Legal Ethics – It is a branch of moral science which treats of the duties which an
attorney owes to the court, to his client, to his colleagues in the profession and
to the public.
Bar Matter No. 1153, March 9, 2010 (Amended Section 5, Rule 138)
A Filipino citizen “who graduated from a foreign law school shall be admitted to
the bar examination only upon submission to the Supreme Court of certifications
showing:
(a) completion of all courses leading to the degree of Bachelor of Laws or its
equivalent degree;
(b) recognition or accreditation of the law school by the proper authority;
and
(c) completion of all fourth year subjects in the Bachelor of Laws academic
program in a law school duly recognized by the Philippine Government.”
A Filipino citizen who completed and obtained his or her degree in Bachelor
of Laws or its equivalent in a foreign law school must also present proof of
completion of a separate bachelor’s degree.
It covers any activity, in or out, which requires the application of law, legal
principles, practice or procedure and calls for legal knowledge, training and
experienced (Phil Lawyer’s Association vs. Agrava 105 Phil 173)
To engage in the practice of law is to perform those acts which are
characteristics of the legal profession. Generally, to practice law is to give
notice or render any kind of service, which devise or service requires the use, in
any degree, of legal knowledge or skill.
2. After his admission to the bar, a lawyer must remain in good and regular
standing, which is continuing requirement for the practice of law.
Duties of a Lawyer:
a. Before the MTC, a party may conduct his own litigation in person
(Sec 4, Rule 138);
d. A law student who has completed all his third year subjects, who is
enrolled in a recognized law school’s clinical education programs
approved by the SC may appear before any court without any
compensation to represent indigent clients accepted by the
Legal Clinic of the school. The student shall be under the direct
supervision and control of the IBP member duly accredited by the
law school.
e. Under the Labor Code non-lawyers may appear before the NLRC
or any Labor arbiter if they:
1. represent themselves;
2. represent their organization or members thereof (Art 228,
Labor Code).
Ambulance Chasing
The practice of soliciting cases for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.
Exemptions
The President, Vice-President, and the Secretaries and Undersecretaries of
executive departments; Senators and Members of the House of Representatives;
The Chief Justice and Associate Justices of the SC, incumbent and retired
justices of the judiciary, incumbent members of the Judicial and Bar Council
and incumbent court lawyers covered by the Philippine Judicial Academy
Program of continuing legal education; The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the Department of Justice; The Solicitor-
General and the Assistant Solicitor-General; The Government Corporate
Counsel, Deputy and Assistant Government Corporate Counsel; The Chairman
and Members of the Constitutional Commissions; The Ombudsman, the Overall
Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of
the Office of the Ombudsman; Heads of government agencies exercising quasi-
Sanctions
A member who, for whatever reason, is in non-compliance at the end of
the compliance period shall pay a non-compliance fee (P1000.00). A member
who fails to comply with the requirements after the sixty (60) day period for
compliance has expired, shall be listed as a delinquent member of the IBP upon
the recommendation of the MCLE Committee.
The Court of Appeals and the Regional Trial Court are also
empowered to:
1. Warn;
2. Admonish;
3. Reprimand.
As among those of the causes mentioned in Section 27, Rule 138 (Section
16, 139-B), but they cannot disbar a lawyer
Board The IBP of Governors may, motu proprio or upon referral by the
Supreme Court or by the Chapter Board of Officers, or at the instance of any
person, initiate and prosecute proper charges against erring attorneys
including those in the government service.
The power of the Supreme Court to reinstate the privilege to practice law
to a disbarred lawyer is anchored on its constitutional prerogative to
promulgate rules on the admission of applicants to the practice of law.
1. Supreme Court
2. Integrated Bar of the Philippines through its Commission on Bar
Discipline
or authorized investigators
3. Office of the Solicitor General
Notary Public – not every member of the bar is a notary public because a
lawyer requires a commission of appointment to be designated a notary public.
Qualifications:
Must be citizen of the Philippines
Must be over twenty-one (21) years of age
Must be a resident in the Philippines for at least one (1) year and maintains
a regular place of work or business in the city or province where the commission
is to be issued
Must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the Integrated
Bar of the Philippines
Must not have been convicted in the first instance of any crime involving
moral turpitude.
Prohibitions
General Rule: A notary public shall not perform a notarial act outside his
regular place of work or business. The jurisdiction of a notary public in the City of
Manila shall be co-extensive with the said city. No notary shall, possess authority
to do any notarial act beyond the limits of his jurisdiction.
1. To administer all oaths and affirmations provided for by law in all matters
incident to his notarial office, and in the execution of affidavits,
depositions, and other documents requiring an oath;
4. To make declarations and certify to the truth thereof under his seal of
office, concerning all matters done by him by virtue of his office (Sec.241,
Notarial Law).
Judicial Ethics – the branch of moral science which treats of the right and
proper conduct to be observed by all judges and magistrates in trying and
deciding controversies brought to them for adjudication which conduct must
be demonstrative of impartiality, integrity, competence, independence, and
freedom from improprieties. The freedom from improprieties must be observed
even in the judge’s private life.
Source of Judicial Ethics
New Code of Judicial Conduct for the Philippine Judiciary. Promulgated
April 27, 2004; effective June 1, 2004. Based on the Bangalore Draft adopted by
the Judicial Group on Strengthening Judicial Integrity, intended to be the
Universal Declaration of Judicial Standards, as revised by the Round Table
Conference of Chief Justices held at The Hague on November 25-26, 2002.
Court – a board or other tribunal which decides a litigation or contest
Judge – a public officer who, by virtue of his office, is clothed with judicial
authority. A public officer lawfully appointed to decide litigated questions in
accordance with law.
RTC Judges
Shall be a natural-born citizen of the Philippines, at least 35 years of age,
and for at least ten years, has been engaged in the practice of law in the
Philippines, or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.
MTC Judges
Shall be a natural-born citizen of the Philippines, at least 30 years of age,
and for at least five years, has been engaged in the practice of law in the
Philippines, or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.
A Judge Should Remain Devoted To The Study Of The Law. Even in the
remaining years of his stay in the judiciary he should keep abreast with the
changes in the law and with the latest decisions and precedents. Although a
judge is nearing retirement he should not relax in his study of the law and court
decisions. Service in the judiciary means a continuous study and research on
the law from the beginning to end.
Qualities of Judges
CANON 1 – INDEPENDENCE
Judicial independence is a pre-requisite to the Rule of Law and a
fundamental guarantee of a fair trial.
A judge shall, therefore, uphold and exemplify judicial independence in
both its individual and institutional aspects.
CANON 2 - INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office,
but also to the personal demeanor of judges.
Integrity - the quality of being honest and having strong moral principles;
moral uprightness.
CANON 3 – IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office.
It applies not only to the decision itself but also to the process by which
the decision is made.
Section 5, Canon 3
Judges shall disqualify themselves from participating in any proceedings in
which they are unable to decide the matter impartially or in which it may
appear to a reasonable observer that they are unable to decide the matter
impartially. Such proceedings include, but are not limited to instances where:
a. The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
(b) The judge previously served as a lawyer or was a material witness in
the matter in controversy;
(c) The judge or a member of his or her family, has an economic interest in
the outcome of the matter in controversy;
d) The judge served as executor, administrator, guardian, trustee or lawyer
in the case or matter in controversy, or a former associate of the judge served as
counsel during their association, or the judge or lawyer was a material witness
therein;
(e) The judge's ruling in a lower court is the subject of review;
The deciding judge need not be the one who heard the evidence.
The fact that the judge who heard the evidence is not himself the
one who prepared, signed and promulgated the decision constitutes no
compelling reason to jettison his findings and conclusions, and does not
per se render his decision void. It is axiomatic that judge who did not hear
a case may write the decision based on the record of the case.
Those who are in possession of this material must share it with others freely.
Atty. CD Duka