BASIC LEGAL ETHICS 1

GENERAL PRINCIPLES AND CONSIDERATIONS Video Lecture #1

Duties and Obligations of Lawyers

Lawyer’s Oath
I,______, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines, I will support the 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, or 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 to the courts as to my clients; and I impose upon myself these
voluntary obligations without any mental reservation or purpose of evasion. So help me
God.

● Maintain allegiance to the Republic of the Philippines

* The legal profession is reserved only for Filipino citizens.
● Support its Constitution and obey the laws, as well as the legal orders of the duly
constituted authorities therein
* The Constitution is the highest law of the land and our rights and obligations
emanate from it.
* As an offshoot of the Constitution are laws which are legislated and written by our
lawmakers.
* Legal orders are a set of rules that we need to follow in every office or agency.
* As members of the legal profession, we are expected by the public to know,
understand and live the law.
* You should be an example of moral uprightness and of following the law.
● Do no falsehood, nor consent to the doing of any in court
* A lawyer will not lie in court; always go to court with clean hands
* First and foremost, lawyers are officers of the court, they are quasi-judicial officers
of the court. They are obligated as members of the legal profession to make sure
that justice in its very essence would come into fruition.
● Not wittingly or willingly promote or sue any groundless, false or unlawful suit, or
give aid nor consent to the same
* This means to say that because lawyers are officers of the court, they would want
speedy and efficient administration of justice.
● Delay no man for money or malice
● Conduct oneself as lawyer according to the best of his knowledge and discretion,
with all good fidelity as well to the courts as to his clients
* Not only should lawyers be able to know the law and to know how to use the law
to the advantage of their client but also to exercise discretion.
* There should be a substantial discretion on the part of the lawyer to:
a. Know when to give up and to tell his clients “this is a losing case”
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b. When to settle the controversy amicably

c. When to advocate for his client within the bounds of the law

Privilege of Law
● Privilege given to a chosen few
* Because you must meet the criteria not only in terms of the requirements in
education but also in the character that you should possess in order to be a
member of the legal profession
● Basic ideal is to render public service and secure justice for those who seek its aid.
● A lawyer forms part of the machinery of justice administered by the courts.
● Professional standards must be constantly inculcated among lawyers.

What is a lawyer?
- Class of persons who, by license, are officers of the court and who are empowered
to appear, prosecute and defend and whose peculiar duties, responsibilities and
liabilities are devolved by law as a consequence.

Conditions in order to practice law

1. Must have passed the bar examinations;
2. Taken the Lawyer’s Oath; and
3. Signed in the Roll of Attorneys
* If one is missing, then that person is unauthorized to practice the law.

2 Kinds of Counsels
1. Counsel de Parte 2. Counsel de Officio
Counsel de Parte
- Attorney retained by a party litigant, usually for a fee, to prosecute or defend his
cause in court.
- Connotes freedom of choice on the part of the attorney to accept or decline the
employment or on the part of the litigant to continue or terminate the retainer any
time.
Counsel de Officio
- Attorney appointed by the court to defend an indigent defendant in a criminal action
or to represent a destitute party in a case.
- Connotes little or no choice than the acceptance by the indigent party of whoever is
appointed as his counsel, and unless excused therefrom by the court, the discharge
by the designated attorney of the duty to faithfully and conscientiously render
effective legal assistance.
Lawyer “of counsel”
- Experienced lawyer, who is usually a retired member of the Judiciary, employed by
law firms as consultant
* what is being paid are the expertise and experience
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Attorney of Record
- Attorney, whose name, together with his address, is entered in the record of the
case as the designated counsel of the party litigant in a case and to whom judicial
notices relative thereto are sent.
* If you enter your appearance for a particular client in a case, you become the
attorney of record.
* The court takes cognizance of your appearance as the lawyer of a particular party
or a particular client.
* All judicial notices, orders, decisions from the court will be sent to the attorney of
record
* In essence, the receipt of the notices by the counsel on record is tantamount to
the receipt of such notice by the client.
Amicus Curae
- “Friend of the Court”
- Experienced and impartial attorney invited by the court to appear and help in the
disposition of issues submitted to it.

Bar - refers to the legal profession

Bench - refers to the Judiciary

THE LEGAL PROFESSION

The Practice of Law As a Profession

- Noble Profession
- Not a money-making business or enterprise
- Both a right and a privilege

A lawyer is a quasi-judicial officer and an officer of the court.

Four-fold obligation of a lawyer

- To the courts, to the client, to society and to colleagues
- In one case, the Supreme Court emphasized the importance of a lawyer in the
judicial system in that the wheels of justice are most, if not all the time, starts with
the act of the attorney.
Standards of the Legal Profession
1. Independence
* we should not be influenced, not by money, not by power
2. Accessibility
* We are effective in the administration of justice if we perpetuate equality and the
rule of law and make it accessible especially to those who need it the most and
those who cannot afford it.
3. Learning
* Learning about the law does not end when you finish law school or when you pass
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the bar exam.

* because of the dynamism of our laws, because it caters to the needs of the people
and the society at a particular time, those needs actually change so the laws must
be dynamic in order for them to address societal needs

PRACTICE OF LAW Video Lecture #2

Section 35, Rule 138 of the Rules of Court (People vs. Villanuava)
- presupposes a prohibition of judges or other officials and employees to engage in
private practice

Practice of Law defined

- any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience
- The practice of law consists in frequent and customary actions. So this is also a
succession of acts. (Habituality and repetitiveness) Frequent, habitual exercise and
customary or habitual holding of one’s self to the public and demanding payment for
your services.
- Engaging in the practice of law presupposes the existence of an attorney-client
relationship. But it is not confined in the four corners of litigation because
essentially, there are many undertakings or endeavors that a lawyer can enter into
that may fall within the ambit of the practice of law.
3 principal types of activities includes:
1. Legal advice and counselling
* legal advice and instructions to clients to inform them of their rights and
obligations
2. Preparation of legal documents and contracts
* preparation for clients of pleadings and documents requiring knowledge of legal
principles
3. Representation in court and other agencies
* appearance for clients before public tribunals which possess power and authority
to determine the rights of life, liberty and property according to law
Private Practice - an individual or an organization engaged in the delivery of legal services

Criteria Determinative of Engaging in the Practice of Law

1. Habituality - repetitive
2. Compensation - this implies that you must present yourself to the public to be in the
active practice of the law and that your professional services are available for the
public for a certain compensation
3. Application of law, legal principles, practice and procedure - (most important) starts
when your client goes to you and asks for your legal advice for a certain matter that
affects his rights or to redress something wrong
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4. Attorney-client relationship

Ulep vs. The Legal Clinic, Inc.

Held: In determining whether a man is practicing law, we should consider his work for any
particular client or customer as a whole.
- The purpose of this qualification is to protect the public, the court, the client and the
bar from the incompetence or dishonesty of those unlicensed to practice law and
not subject to the disciplinary control of the court.
* The Supreme Court has the sole discretion/ sole jurisdiction/ exclusive jurisdiction
to hear and decide disciplinary cases of any lawyer or any member of the legal
profession.

Feliciano vs. Bautista-Lozada

Held: Lozada was engaged in the unauthorized practice of law. Practice of law includes
“performing acts which are characteristics of the legal profession” or “rendering any kind of
service which requires the use in any degree of legal knowledge and skill.”
* The practice of law is a privilege. It is not a business or a trade.

Bongalonta vs. Castillo

Held: The practice of law is not a right but a privilege bestowed by the State on those who
show that they possess and continue to possess the qualifications required by law for the
conferment of such privilege.
* As a lawyer we have the fundamental duty to satisfy the expectations of the
Courts. That lawyers going to their courts are honest and have integrity.

In re: Argosino (stemmed from the crime of hazing)

Held: The practice of law is not a natural, absolute or constitutional right to be granted to
everyone who demands it.
* It is a high personal privilege limited to citizens of good moral character.
* Good moral character should be a continuing requirement in order for you to be
able to stay in the profession.
* Good moral character is more than the absence of bad character
* Such character expresses itself not just in negatives nor in following of least
resistance but quite often in the will to do the unpleasant thing if its right and the
resolve not to do the pleasant thing if it is wrong.

The practice of law is a high personal privilege limited to citizens of good moral character,
with special educational qualifications, duly ascertained and certified.
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PERSONS ENTITLED TO PRACTICE LAW Video Lecture #3

Section 1, Rule 138 of the Rules of Court

- Any person who has been duly licensed as a member of the bar in accordance with
statutory requirements and who is in good and regular standing
Two Basic Requirements
1. Admission to the Bar
2. Maintenance of good and regular standing

I. Admission to the Bar

1. Proof of Educational, Moral and other Qualifications
* you must establish that you are a Filipino citizen
* Need it be natural or naturalized? What is only required is that you’re a
Filipino citizen.
* at least 21 years of age - there is no jurisprudential basis for this but it is
more of the importance of what lawyering entails. Because being a lawyer
or being a member of the legal profession is a public service and because
the interest of the public is at stake, the protection of life, liberty and
property is the premiere or foremost advocacy of being a lawyer. That’s
why you should have a sense of maturity.
* You must be a resident of the Philippines.
* You must have good moral character.
* Regularly study law for 4 years (JD/LLB program)
* Completed all the presented curriculum
* Should be a graduate of a 4-year college course and a bachelor degree
2. Passing the bar exam
3. Taking the Lawyer’s Oath before the Supreme Court
* an en banc session
4. Signing in the Roll of Attorneys and Receiving a Certificate of License to
Practice
Question: May bar applicants who graduated law from foreign jurisdictions take the
Bar Examinations in the Philippines?
Bar Matter 1153 amended Sections 5 and 6 of Rule 138 of the Rules of Court states
that an applicant who graduated from a foreign law school may take the Bar Exams
provided that the 3 requisites would be complied with. The only deal breaker is that
the applicant must be a Filipino citizen.
1. Completion of all courses leading to the degree of Bachelors of Laws or
equivalent to that degree
2. Recognition or accreditation of the law school by the proper authority. The
Supreme Court, Office of the Bar Confidant is given the discretion to
recognize or accredit the foreign law school.
3. The applicant must complete all the 4-year subjects in the LLB or JD program
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in a law school duly recognized by the Philippine government.

II. Lawyer must remain in good and regular standing
- Comply with the continuing requirement of possessing good moral character and
you have to comply with the requirements or requisites in order for you to continue
being eligible to practice the law
1. Remain a Member of the Integrated Bar of the Philippines (IBP)
* Once you pass the bar exams, you are automatically a member of the IBP.
* Membership to the IBP is a mandatory requirement
2. Regular payment of IBP dues and Annual Professional Tax (PTR)
* IBP dues can be paid in lifetime payment or monthly payments
* APT is assessed by the city or municipal government. It is the tax
applicable to all professionals (Professional Tax Receipt).
* All taxes paid are monitored by you writing in all the pleadings or everything
that you file in court, should have your IBP number and the date of the
receipt and indicate your PTR number and date of payment.
3. Faithfully observe the rules and ethics of the legal profession
4. Continually subject to judicial disciplinary control
* The Supreme Court is lodged with the sole authority over the discipline of
those who are members of the legal profession.
5. Mandatory Continuing Learning Education (MCLE)
* You need be updated with the updates, changes/modifications in our laws,
rules and regulations. Be reminded of your oath as lawyers to become
ethical and morally upright citizens.
* This happens every 3 years. Depending on when you passed the Bar
Exam, it is where it is determined of what your compliance number is.
* 3 years to complete your 36 units of MCLE
* The 36 units of MCLE is actually a mixture of presented subjects for you to
take, 36 credit units you need to complete in order for you to practice the law
* You need to write your MCLE compliance number and the date of
compliance in your pleadings in order for the court to ascertain and to ensure
that you are compliant of its requirements

Public Officials Prohibited to Practice Law

- Generally, government lawyers are disqualified to engage in private practice
because public office is a public trust.
- Purpose: to avoid conflict of interest

Disqualification is intended to preserve:

1. The public trust in public office;
2. Avoid conflict of interest or a possibility thereof;
3. Assure the public of impartiality in the performance of public functions and thereby
promoting public welfare
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2 Kinds of Prohibitions
1. Absolute Prohibition - those who cannot engage in the practice of law
(private practice)
2. Limited Practice - allowed for a limited amount of time and with certain restrictions
to engage in the practice of law

Absolute Prohibition applies to:

1. Judges and other officials or employees of the courts, of the offices of the SOLGEN
and of other government prosecution offices;
2. Governors, City and Municipal Mayors;
3. President, Vice President and Members of the Cabinet and their deputies and
assistants;
4. Members of the Constitutional Commission; and
5. Civil service officers or employees whose duties and responsibilities require that
their entire time be at the disposal of the government

Limited Practice (Prohibition NOT Absolute) applies to:

1. Members of the Legislature
* Generally, those who are in Congress (Senate and the HOR)
* Prohibited to appearing as counsel before any court of justice or before electoral
tribunals or quasi-judicial or administrative bodies to avoid undue influence or
possibility thereof.
2. Members of the Sanggunian
* Can engage in private practice except in the following:
a. Any civil case wherein an officer or employee of the national or local
government is the adverse party
b. Criminal cases wherein an officer or employee if the national or local
government is accused of an offense committed in relation to his office
(e.g. malversation, bribery)
c. The Members of the Sanggunian cannot collect fees for their appearance in
administrative proceedings involving the LGU of which he is an official
d. He shall not use the property or personnel of the government except when
the Sanggunian Member concerned is defending the interest of the
government
3. Civil Service Officer or Employee whose duty or responsibility does not require his
entire time to be at the disposal of the government

Liability for Unauthorized Practice

- Implies that any other person, including disbarred attorneys until their re-admission,
or a suspended lawyer during his suspension
- Contempt of Court, punishable by a fine or imprisonment, or both at the discretion
of the court
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When Non-lawyers May Practice Law

I. In First Level Courts: As a friend or agent of a party litigant
(Sec. 34, Rule 138, ROC)
II. Criminal Proceedings in the MTC (Sec. 7, Rule 116, ROC)
* Presupposes a situation wherein there is no duly licensed member of the
bar in a locality
III. Students enrolled in a legal Clinic (Rule 138-A)
IV. NLRC Cases
- Cases under the National Labor Relations Commissions

Limitations for non-lawyers to appear in the abovementioned instances:

a. Layman must confine his work to non-adversarial contentions
b. Layman should not undertake purely legal work
c. Services should not be habitually rendered
d. Layman should not charge or collect attorney’s fees

ADMISSION TO THE BAR Video Lecture #4

Admission to the Bar

● Judicial function
* So basically, the admission to the practice of law is a judicial function. The
underlying rationale is that admission to the practice of law is a purely judicial
function. Because of the role that lawyers play in the administration of justice, it
is but natural that admission to the bar is a judicial function.
● Power to admit applicants to the practice of law is judicial in nature and involves the
exercise of judicial discretion
* Meaning to say that this function is lodged with the Supreme Court
● Lodged with the Supreme Court
* The Supreme Court would actually come up with rules, regulations and guidelines
on how to go about this. So every year that there are bar examinations, there is
one member of the Supreme Court, one of the justices according to the seniority,
who spearheads the bar examination. For example, Justice Leonen for the 2020-
2021 bar exams.
* All applications are coursed through the Office of the Bar Confidant (OBC).
* The judicial function of admission to the bar ensures that the quality of justice that
is dispensed by the court is of utmost consideration. Because of the role of
lawyers in the legal profession and of the big part of the administration of justice,
the integrity of the legal profession and its members and the manner for which
they perform their role is imperative.
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Supreme Court’s primary authority to decide the following:

1. Who may be admitted to the Bar;
* The qualifications required are rigid that was already discussed earlier such as
the educational attainment and being able to pass the bar exams. Because this
is a judicial function by the Supreme Court, they also have a leeway to adjust or
to determine whether or not to lower the passing rate in order for them to come up
with a higher passing rate if they deem it necessary.
2. Causes for disciplinary action against a lawyer; and
3. Whether a lawyer should be disciplined, suspended, disbarred, or reinstated
* The Supreme Court also has the authority to discipline every member of the legal
profession. The Integrated Bar of the Philippines (IBP) is actually delegated by the
Supreme Court to hear via a fact finding committee and to recommend to the
Supreme Court what has to be imposed upon the erring lawyer. However, even if
the IBP is given this delegated authority by the Supreme Court, they are still
under the direct control and supervision of the Supreme Court.

Membership in the Integrated Bar of the Philippines

● All those who passed the Bar
* The membership in the IBP is mandatory. All those who have passed the bar are
automatically members of the IBP. In order for you to be able to become a
member of the legal profession, automatically, you have to be a member of the
IBP.
* Normally, you will be given an opportunity to choose after you pass the bar when
the clearances to take the oath on which chapter you want to join. Every city or
province have their own chapters. (e.g. Baguio-Benguet, Pangasinan Chapter)
* Normally, where you reside is also where the chapter wherein you will become a
member.
* Is there an option to transfer to another chapter? Yes, that is allowed but you must
inform the IBP.
● Payment of IBP dues is a condition sine qua non for a lawyer to be considered as in
good and regular standing
* One of the first things you will spend on after you pass the bar is the payment of
IBP dues. Why? Because payment of the IBP dues is a condition sine qua non
for a lawyer to be considered as in good and regular standing.
* No payment of IBP dues, no practice
* This condition allows the lawyer to practice the law and to maintain his name in
the Roll of Attorneys.
* Can they remove a lawyer’s name in the Roll of Attorneys? Yes, they can. If you
failed to pay despite of several warnings from the IBP, they can remove your
name in the Roll of Attorneys.
* Like what was mentioned in the earlier lecture, the lawyer has to write his IBP
number in his pleadings for monitoring purposes. For them to know that the
BASIC LEGAL ETHICS 11

lawyer is in good and regular standing.

Letter of Atty. Cecilio Y. Arevalo (B.M. 1370)
* Actually, this letter was a request by Atty. Arevalo to except him from the payment
of IBP dues.
* From 1977 to 2005, his unpaid IBP dues were accumulated amounting to
P12,000.
* What is his basis for his request of exemption? He said he did not engage in
private practice because when he was admitted to the Bar in 1961, he
immediately became part of the Civil Service. He alleged that from 1962 to 1986,
he did not engage in private practice because he was a government lawyer. After
that, he went to the States until he retired in 2003. He contended that he cannot
be compelled to pay IBP dues because he was a government lawyer and was
part of the Civil Service. Also, he said that he cannot be made liable for the
unpaid dues that accumulated during the period wherein he was not in the
Philippines.
* The main issue here is, is Atty. Arevalo entitled to the exemption that he is asking
for considering that he was not practicing law from 1962 to 1986 and he was
actually abroad from 1986 to 2003? The court disagreed and stated that if the
judiciary has the inherent power to regulate the bar then it follows that as an
incident to regulation, it may impose a membership fee for that purpose. That
membership is coursed through the IBP. It is mandated under the law that for the
IBP to be able to perform its functions, lawyers should pay their membership
dues.
* The Doctrine of Implied Power necessarily carries with it the power to impose
such dues.
● An Integrated Bar is a State-organized Bar, to which every lawyer must belong, as
distinguished from a bar association organized by individual lawyers themselves, in
which membership is voluntary.
● Lawyers are subject to all the rules prescribed for the governance of the Bar
including the requirement of payment of a reasonable annual fee for the effective
discharge of the purposes of the Bar.
HELD:
● The fee is imposed as a regulatory measure, designed to raise funds for carrying
out the noble objectives and purposes of integration.
* What are the noble objectives and purposes? There are a lot of programs of the
IBP. In the national level, aside from MCLE, it has a lot of other programs trickling
down to the different chapters. Each chapter has their own agenda, their own
programs and objectives for their members. They need funding for them to be
able to carry out those objectives.
● The payment of dues is a necessary consequence of membership in the IBP of
which no one is exempt.
* Since the Integration of the Philippine Bar is the official unification of the entire
lawyer population, it requires membership and financial support of every attorney
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as a condition sine qua non to the practice of law and to the retention of his name
to the Roll of Attorneys of the Supreme Court.
* Even Atty. Arevalo is not exempt. It doesn’t mean that if one is a government
lawyer and does not engage in private practice that he is exempted to pay his
membership dues. As long as you are a member of the Bar as a member of the
legal profession, then it is your obligation to pay for IBP dues.
* The compulsory nature of payment of dues subsists for as long as one’s
membership in the IBP remains regardless of the lack of practice, or the type of
practice the member is engaged in. There is nothing in the rules or law which
would allow exemption from payment of membership dues.

Santos, Jr. v. Llamas

* Atty. Llamas for the longest time does not indicate his correct PTR and IBP
number as well as its date and place of issuance. Llamas is putting different
information or the receipt number that he has been using for 3 years already.
* As a backstory, he was already dismissed as a Pasay City judge. Upon checking,
the last payment he made for his IBP dues was back in 1991. Since then, he has
not paid or remitted any amount cover his membership fees up to the present.
* He contended that he was engaged in limited practice because for the most part,
he was a farmer and that technically, since he was a senior citizen, he is covered
by the Senior Citizens Act. He further contended that as such, he is legally
exempted from the payment of IBP dues.
* The issue is whether or not Atty. Llamas is liable for nonpayment of IBP dues or
in the alternative, if he is deemed exempted considering that he is just practicing
limitedly and that he is a senior citizen.
HELD:
● An attorney can only engage in the practice of law if he pays his IBP dues
● A “limite practice” does not exempt one from the payment of IBP dues
* On the issue of whether he is exempt under the Senior Citizens Act, the Court
disagreed and stated that the exemptions are specified under the Senior Citizens
Act and that the Senior Citizens Act does not include payment of membership
dues or association dues. As such, he is still liable for the payment of his dues.

Citizenship Requirement
● The applicant must be a Filipino Citizen
* Need it be natural born or naturalized? The law is actually silent on this. A
naturalized Filipino citizen is allowed as long as he is a Filipino citizen.
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Resumption of Practice of Law

Petition for Leave to Resume Practice of Law of Benjamin M. Dacanay
(B.M. 1678, Dec. 17,2007)
* Atty. Dacanay was admitted to the Bar in 1960. He practiced law until 1998 when
he needed to migrate to Canada. He became a Canadian citizen in 2004 because
he wanted to avail the socialized medicine of Canada. In essence, what happened
was he abandoned his Filipino citizenship. However, because he decided that he
still wanted to go back to the Philippines and stay here for good, he reacquired his
Filipino citizenship by virtue of R.A. 9225 also known as the Dual Citizenship Law.
He did this in July of 2006.
* The main questions is this, may a former Filipino citizen who reacquired his
Filipino citizenship by virtue of R.A. 9225 eligible to practice law in the
Philippines?
HELD:
● Membership in the Bar is a continuing requirement
* As a continuing requirement, Filipino citizenship must be retained in order for you
to be able to practice law here in the Philippines.
* How about if Filipino citizenship is reacquired? Will that person still be eligible to
practice law?
● General Rule: loss of Filipino citizenship ipso jure terminates the privilege to
practice law in the Philippines
● Exception: Filipino citizenship that is reacquired pursuant to RA 9225
* A person who reacquired his Filipino citizenship pursuant to RA 9225 is allowed
to be a member of the legal profession who can practice law. However, this is not
automatic.
● Rationale behind the exception:
- Person shall be deemed not to have lost their Philippine citizenship under the
conditions of RA 9225
- A lawyer who becomes a citizen of another country is deemed never to have
lost his Philippine citizenship if he reacquires it pursuant to RA 9225
R.A. 9225: a lawyer shall apply with proper authority for a license or permit to
engage in such practice, and that certain conditions shall be met
Conditions:
1. Update and payment in full of annual membership dues in the IBP
2. Payment of Professional Tax (an annual thing)
3. Completion of at least 36 credit hours of Mandatory Continuing Legal
Education (MCLE)
* What is the rationale behind this? The rationale of this is for you to keep
abreast with the changes or updates in the law.
4. Retaking of the Lawyer’s Oath
* The retaking of the Lawyer’s Oath has a twin purpose
a. For you to be reminded of your duties and obligations under the
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Lawyer’s Oath and take it to heart

b. In order for you to be reminded that you should maintain allegiance
to the Republic of the Philippines

LAW STUDENT AND THE PRACTICE OF LAW Video Lecture #5

Rule 138-A of Rules of Court

- Allows limited practice of law students and is actually strengthened by the Revised
Law Student Practice Rule (A.M. 19-03-24-SC, June 25, 2019)
* This came about as an offshoot of the Supreme Court’s decision to increase the
experiential learning of law students. The law degree becomes more meaningful
and purposeful for the law student when he has first-hand experiences on the
procedures, work and system of the practice of law. In essence, the Supreme
Court decided to give law students the chance to experience it firsthand and not
to limit their legal education in law books and in the classroom setting but to be
able to give them an avenue by which they can learn as early as their law school
days that they need to be equipped with when they practice law and become
members of the legal profession.

Legal practice of law by law students includes:

1. Appearances
* The scope of where they can appear depends on the certification that they are
given. This includes not only courts but also quasi-judicial and administrative
agencies.
2. Drafting of pleadings and documents
3. Assistance in mediation and other alternative dispute resolution (ADR)
* Mediation can happen for example, when the case filed falls within the ambit of
those that can be subjected to mediation then the law student practitioner can
appear before the Philippine Mediation Center in order for them to assist a client
in mediation proceedings.

THE LAWYER & SOCIETY (CANON 2) Video Lecture #6

Legal Ethics defined

- the branch of moral science which treats of the duties an attorney owes to the
Court, his client, to his colleagues in the profession, and to the public
- its significance is to uphold the profession since the profession is imbued with public
policy and interest
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Sources of Legal Ethical Standards

1. PRIMARY:
● Bar: Code of Professional Responsibility (CPR) and Code of Professional
Ethics (CPE)
● Bench: Canons of Judicial Ethics and Code of Conduct for the Philippine
Judiciary
2. SECONDARY:
● Decisions/Resolutions of the Supreme Court
● Supreme Court Circulars
● Orders/Resolutions of other courts
● IBP issuances
3. OTHER SOURCES:
● Article 1491, NCC
* Forbids lawyers from acquiring either by purchase or assignment the
property that has been the subject of litigation in which they have taken part
by virtue of their profession.
● Article 2208, NCC
* States that in the absence of any stipulation or any agreement, attorney’s
fees and expenses of litigation, other than judicial costs, cannot be recovered
except in certain instances.
● Articles 203 and 222, Labor Code
● Article 209, RPC
* Talks about the betrayal of trust by an attorney. So basically, this is the
revelation of secrets.

THE CANONS OF PROFESSIONAL RESPONSIBILITY: The Lawyer & Society

CANON 1: A lawyer shall uphold the Constitution, obey the laws of the land and promote
respect for the law and legal processes.
* Here lawyers are mandated to uphold the Constitution, obey the laws of the land and
promote respect for the law and legal processes.
* Because the legal profession is imbued with public interest and public policy, lawyers
have to set as examples for others to follow in terms of respecting and upholding the
Constitution and the laws.

Duties under Canon 1

1. Duty to uphold the Constitution and the law
* We all know that the Constitution is the highest law of the land. Laws which are
legislated by Congress must be compliant or must be constitutional in order for
them to have any legal effect.
2. Duty not to engage in unlawful conduct
3. Duty not to counsel illegal activities
BASIC LEGAL ETHICS 16

* Lawyers are servants of the law and they belong to a noble profession. Because
they are belonging in a profession that is imbued with public interest, society has
instructed them with the administration of the law and the dispensation of justice.

Bautista v. Gonzales
* The Court said that a lawyer should observe honesty and fairness even in his private
dealings. Because the lawyer doesn’t shed off the fact that he is a lawyer or a member of
the legal profession. The lawyer is expected to act in such a way as to protect the integrity
of the legal profession. A lawyer’s failure to observe honesty and fairness, even in his
private dealings, would be a ground for disciplinary grounds against him as a lawyer. That
is why caution must always be made on the part of the lawyer. He must make sure that all
his acts are within the bounds of the law and his dealings, even in his private capacity,
must be in compliance with the legal standards of morality and integrity.

Dizon v. Lambino
* This is actually a case wherein there was a rumble in 1994 that happened in UP Diliman.
Because of the rumble that ensued, Dennis Venturina who was the chair of UP College of
Public Administration Student Council was killed. There were two student suspects,
Francis Taparan and Raymundo Narag. They were brought to the office of Col. Bentain.
Atty. Dizon was the petitioner here of the Special Operations Group of the NBI, requested
to take them into custody. However, Atty. Lambino opposed Atty. Dizon’s move, he not
being armed with a warrant for their arrest. Atty. Dizon filed a complaint against Atty.
Lambino before the Integrated Bar of the Philippines (IBP) for violation of Canon 1. Rules
1.01 to 1.03 of the Code of Professional Responsibility. Atty. Lambino in turn filed a
counter charge against Atty. Dizon before the IBP. She alleged that Atty. Dizon violated
Canon 1, Rules 1.01 to 1.03 and as well as Canon 6, specifically Rules 6.01 and 6.02 and
Canon 8, specifically Rule 8.01 of the Code of Professional Responsibility.
Issue: Whether they should be held liable for their acts
Held: Case against Atty. Lambino was dismissed because she acted within her official
duties as she safeguarded the rights of the students in accordance with the school’s
substitute parental authority and within the bounds of the law. Atty. Dizon, on the other
hand, was reprimanded and warned for recklessly trying to arrest the suspects without a
warrant which was a clear violation of Canon 1, specifically of Rule 1.02.

Nadayag v. Grageda
* This case stemmed from “Pacto de Retro '' sale. This was a complaint by one Nadayag
against Grageda for conduct unbecoming of a lawyer in connection to a pacto de retro
transaction. In this particular instance, Rosita Nadayag was the vendee. What happened
here was, apparently a double sale occured. Nadayag unknowingly purchased a property
that was already sold earlier. The vendor used the original certificate of title (OCT) stolen
from the Register of Deeds to convince Nadayag to buy the property. When a property is
registered under the torrens system, there would be two copies of the titles. One would be
the original certificate of title which is in the custody of the Register of Deeds and would
BASIC LEGAL ETHICS 17

never be released therefrom and the other one is the owner’s duplicate copy. In this
instance, what was shown by the vendor to Nadayag was the original certificate of title
which was supposed to be in the custody of the Register of Deeds.
Issue: WON Grageda must be disciplined
Held: A lawyer must at all times uphold the integrity and dignity of the legal profession. The
Court further stated that notarization is not an empty routine. Notarization of a private
document converts such document into a public one and renders it admissible in court
without further proof of its authenticity.
* Grageda must have been conscientious to see to it that justice permeated in every
aspect of the transaction to which his services were engaged. He should’ve explained the
intricacies or the consequences of the transaction or he should’ve given a fair warning so
that the parties would be aided and guided in making an informed decision.
* Grageda was suspended for 3 months.

RULE 1.01: A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

People v. Tuanda
Main issue: Whether the crime of violation of BP 22 involves moral turpitude
“Moral turpitude” includes everything which is done contrary to justice, honesty, modesty,
or good morals.

CRIMES INVOLVING MORAL TURPITUDE

● Abduction with consent

● Bigamy ● Violation of the Dangerous Drugs
● Concubinage Act (drug pushing)
● Smuggling ● Perjury (lying under oath)
● Rape ● Forgery
● Estafa through falsification of a ● Direct Bribery
document ● Homicide
● Attempted bribery ● Adultery
● Profiteering ● Arson
● Murder ● Evasion of income tax
● Estafa ● Barratry
● Theft ● Blackmail
● Illicit sexual relations with a fellow ● Dueling
worker ● Embezzlement
● Violation of BP 22 ● Extortion
● Falsification of Document ● Libel
● Intriguing against honor ● Mutilation of public records
● Violation of the Anti-Fencing Law ● Seduction under the promise of
marriage
BASIC LEGAL ETHICS 18

Arciga v. Maniwang (Promise to Marry)

In this case, there was a promise to marry in order to have carnal knowledge. Out of this,
they begot one son out of wedlock. Maniwang said that he had to study first before
marrying Arciga. After Maniwang passed the bar, he married another woman. A
disbarment case was filed against him.
Held: An applicant for admission to the bar should have good moral character. He is
required to produce before the Court satisfactory evidence of good moral character and
that there are no charges against him involving moral turpitude, either filed or pending in
court.
If good moral character is a sine qua non for admission to the bar, then the
continued possession of good moral character is also a requisite for retaining membership
in the legal profession.
* Membership to the bar may be terminated when a lawyer ceases to have good moral
character.
* In this particular instance, the Court dismissed the complaint for disbarment. The Court
stated that there was a promise to marry in exchange for carnal knowledge but the
surrounding circumstances would not warrant an immoral conduct. Because an immoral
conduct should be willful, flagrant or shameless and that it shows moral indifference to the
good and respectable members of the community.

Dizon v. Cabucanan
* Atty. Cabucanan notarized a compromise agreement without the presence of the parties.
It is a fact that a notary public cannot notarize a public document if the parties who
executed the document are not present. The importance and the significance needs to be
explained by the lawyer, as well as the obligations of the parties and the consequences of
non compliance. After which he needs to ask them if they freely entered into such
agreement and if they understood the importance, relevance of the document and its
provisions.
Held: A notary public should not notarize a document unless the person who signs it is the
same person executing it and personally appearing before him to attest to the truth of its
contents. This is to enable him to verify the genuineness of the signature of the
acknowledging party and to ascertain that the document is the party’s free and voluntary
act and deed.
* In this particular case, Atty. Cabucanan should not have notarized the document unless
the person who signed the same was the same person executing it or was personally
there to sign the said document.
* In essence, what happened here is that he was suspended for 3 months and could not
notarize for 2 years.

RULE 1.02: A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal profession.
BASIC LEGAL ETHICS 19

- Admission of a lawyer to the practice of law is upon the implied condition that his
continued enjoyment of the privilege is dependent upon his remaining a fit and safe
person to society.
- When a lawyer appears to be reckless or ignorant of the law, he is deemed unfit or
unsafe to be entrusted with the responsibilities and obligations of a lawyer. Thus,
his right to continue such enjoyment must be terminated.

RULE 1.03: A lawyer shall not for corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause.

Unprofessional acts which come within the prohibition includes:

1. Volunteering advice to bring a lawsuit, except in rare cases where ties of blood,
relationship or trust make it his duty to do so.
2. Hunting up defects in titles or causes of action and informing thereof in order to be
employed to breed litigation by seeking out claims for injuries or those having any
other grounds of action in order to secure them as clients.
3. Employing agents or runners for like purposes
4. Paying a reward, directly or indirectly, to those who bring or influence the bringing of
such cases to his office(“referral fee”)
5. Remunerating policemen, court or prison officials, doctors etc. who may succeed in
influencing the person to seek professional services
6. Searching for unknown heirs and soliciting their employment for him

BARRATRY
- Lawyer’s act of fomenting suits among individuals and offering his legal services to
one of them
- Offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise

AMBULANCE CHASER
- Lawyer who haunts hospitals and visits homes of afflicted, officiously intruding their
presence and persistently offering his services on the basis of a contingent fee

EXAMPLES OF DELAYING MAN’S CAUSE

1. Resorting to technicalities to frustrate the ends of justice
2. Filing of multiple and repetitious petitions which obviously delay the execution of a
final and executory judgement
3. Filing several actions covering the same subject matter or seeking substantial or
identical relief (forum shopping)
4. Frivolous appeals for purposes of delay
5. Motion for postponement and other motions for dilatory purposes
6. Harassment suits
BASIC LEGAL ETHICS 20

RULE 1.04: A lawyer shall encourage his client to avoid, end or settle a controversy.

de Ysasi III v. NLRC

Held: The useful function of a lawyer is not only to conduct litigation but to avoid it
whenever possible by advising settlement or withholding suit.

THE LAWYER & SOCIETY (CANON 2) Video Lecture #7

CANON 2: A lawyer shall make his legal services available in an efficient and convenient
manner compatible with the independence, integrity and effectiveness of the profession.
* So Canon 2 basically says a lawyer must be
1. Adept with the law as well as updated with the changes or modifications in the law
and prevailing jurisprudence
2. Must be able to render his services in an efficient and convenient manner and
taking into account that his services must be one that is characterized by
independence, integrity and effectiveness
* When we speak of independence, this is what is always said that between the
lawyer and the client, the lawyer must be the captain of the ship. The lawyer is the one
who directs the course of action that the client must take. The client should not be the one
dictating what has to be done to the lawyer.
* Independence also entails the fact that the lawyer will not be swayed and will not be
influenced by outside forces.
* Integrity means that you are not easily swayed and that you believe in certain principles.
Without integrity, success is useless. The lawyer’s integrity must be intact.
* Effectiveness of the profession means that you render service in an efficient way.

B.M. 2012 (February 10, 2009) Mandatory Legal Aid Service for Practicing Lawyers
* So basically, because the legal profession is one that is imbued or endowed with public
interest and the primordial consideration is rendering public service, then this B.M. 2012,
covers the lawyer’s obligations to render legal aid.

Purpose of Mandatory Legal Aid Service for Practicing Lawyers

1. To enhance the duty of lawyers to society as agents of social change and to the
courts as officers thereof by helping improve access to justice by the less privileged
members of society and expedite the resolution of cases involving them.
* It has been the trend since decades past that people from those who are most
needy rear away from advocating or from seeking redress for the protection of
their rights from courts. They think that the services of lawyers are expensive.
There is also a misconception that those who are in the public attorney’s office are
lazy which is actually false because the most underappreciated members of the
legal profession. Because the legal system has been enveloped with so much
controversy as far as corruption is concerned and undue influence by politicians
and the rich are concerned, those that are in the vulnerable sector of society are
BASIC LEGAL ETHICS 21

no longer attracted in seeking retribution or redress from the courts because they
already have a mindset that “they will lose anyway, so what for?”
* B.M. 2012 seeks to enhance the duty of lawyers to the less privileged members of
the society to make them realize that they have the right to go to court and the
equal right to seek redress or get justice for their purpose
2. Mandatory free legal service by members of the bar and their active support thereof
will aid the efficient and effective administration of justice especially in cases
involving indigent and pauper litigants
* Basically B.M. 2012 seeks to target helping the indigent and the pauper litigants or
those who are from the vulnerable groups or sectors in society.

Scope
1. Free legal aid services in all cases involving indigent and pauper litigants where the
assistance of a lawyer is needed
2. Governs the duty of other members to the legal profession to support the legal aid
program of the IBP
* This is actually tied with the IBP because the IBP would be the monitoring arm
and the reportorial arm of the Supreme Court in order for the Supreme Court to be
informed if lawyers are being compliant.

Requirements
1. EVERY PRACTICING LAWYER: required to render a minimum of 60 hours of free
legal aid services to indigent litigants in 1 year
* This is mandatory to all lawyers regardless how old they are or how long they
have been practicing.
* The 60 hours are spread within a period of 12 months, with a minimum of 5 hours
of free legal aid services each month. Excess of 5 hours each month shall be
credited to the lawyer for the succeeding periods.
* The lawyer who is rendering legal aid must coordinate with the Clerk of Court
where the case is being handled, pending or being filed. It can also be
coordinated with the IBP legal aid Chairperson of the IBP Chapter and the lawyer
shall report compliance within 10 days of the last month of each quarter of the
year.
* The reason why the lawyer has to coordinate with the Clerk of Court and to
coordinate with the IBP legal aid Chairperson is so that they are aware that
the lawyer is handling the case for purposes of legal aid and also for the hours
rendered as a legal aid to be counted.
2. PRACTICING LAWYER: required to secure and obtain a certificate from the Clerk
of Court attesting to the number of hours spent rendering free legal aid services in a
case.
3. Compliance report shall be submitted to the Legal Aid Chairperson of the IBP
Chapter within the Court’s jurisdiction.
4. Upon and after verification, IBP Chapter shall issue a compliance certificate
BASIC LEGAL ETHICS 22

* The IBP chapter shall issue compliance reports to the IBP for recording and
documentation. The submission by the IBP Chapter shall be made within 45 days
after the mandatory submission of compliance reports by the lawyer.
5. Lawyers shall indicate in all pleadings the number and date of issue of certificate of
compliance for the immediately preceding compliance period
6. Those who are exempt from rendering legal aid must fill up a form before the end of
a particular year. Form is sworn and submitted to the IBP Chapter along with
P2,000 annual contribution
7. Failure to pay annual contribution shall subject the lawyer to a penalty of P2,000
8. Units are credited for MCLE for compliant lawyers

Penalties for Non-Compliance

1. Show cause: explain why he was unable to render service
- If lawyer did not explain or his explanation is unsatisfactory, he may be
considered as a lawyer NOT in good standing
- Plus payment of P4,000 as penalty
2. “Not in good standing” is effective for 3 months from receipt of erring lawyer of
notice.
3. Non-compliant lawyer for a period of at least 3 consecutive years shall be subject to
disciplinary proceedings
- If found liable: suspension for 1 year

R.A. 9999: An Act Providing A Mechanism for Free Legal Assistance and for Other
Purposes (Free Legal Assistance Act of 2010)