MODULE 1

LEGAL ETHICS

LEGAL ETHICS
●​ Branch of moral science which treats of the right and proper conduct and
behavior to be observed by all judges and magistrates in trying and
deciding controversies brought before them for adjudication which
conduct and behavior must be demonstrative of:
○​ Independence;
○​ Integrity;
○​ Impartiality;
○​ Equality;
○​ Propriety;
○​ Competence; and
○​ Diligence
●​ Freedom from improprieties must be observed both in public and private
life of a judge–being visible representation of the law

BASES/SOURCES OF LEGAL ETHICS

●​ New Code of Judicial Conduct for the Philippine Judiciary effective June ,
2004;
●​ Code of Judicial Conduct which became effective on October 20, 1989;
●​ Provisions of the 1987 Constitution particularly art. VIII (Judicial
Department), Art. XI (Accountability of Public Officers), and Art. III (Bill of
Rights);
●​ Provisions of New Civil Code of the Philippines, particularly Art. 9, 20, 27,
35, 739, 1491, 2005, 2029 to 2035, and 2046;
●​ Provisions to the Rules of Court 1997 particularly Rules 71, 135, 137,
139-B and 140;
●​ Provisions of the Revised Penal Code particularly Art. 204 to 207;
●​ Anti-Graft and Corrupt Practices Act (R.A. No. 3019);
●​ Canons of Judicial Ethics (Adm, Order No. 162);
●​ Code of Professional Responsibility (Promulgated June 21, 1988) with
respect to judges’ relation to lawyers;
●​ Judiciary Act of 1948 (R.A. No. 296);
●​ Judiciary Reorganization Act of 1980 (B.P. Blg. 129);
●​ Supreme Court Decisions:
●​ Foreign Decisions on judicial ethics which are relevant and persuasive;
●​ Opinions of Authorities in Legal and Judicial Ethics;
●​ Other Statutes;
●​ Administrative Orders and Supreme Court Circulars.

DEFINITION OF TERMS COMMONLY USED IN LEGAL ETHICS

●​ Bar vs. Bench - refers to the whole body of attorneys and denotes the
whole body of judges, counselors, collectively the members of the legal
profession
●​ Practice of Law - any activity, in or out of court which requires the
application of law, legal procedure, knowledge, training and experience.
To engage in the practice of law is to give notice or render any kind of
 service, which device or service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
●​ Attorney-at-law/Counsel-at-law/Attorney/Counsel Abogado/Boceros
- that class of persons who are licensed officers of the courts, empowered
to appear, prosecute and defend; and upon whom peculiar duties,
responsibilities, and liabilities are developed the law as a consequence
(Cui v. Cui, 120 Phil. 729).
●​ Attorney In fact - an agent whose authority is strictly limited by the
instrument appointing him, however, he may do things not mentioned in
his appointment but are necessary to the performance of the duties
specifically required of him by the power of attorney appointing him, such
authority being necessarily implied. He is not necessarily a lawyer.
●​ Counsel de Oficio - a counsel, appointed or assigned by the court, from
among members of the Bar in good standing who, by reason of their
experience and ability, may adequately defend the accused.
○​ Note: In localities where members of the Bar are not available, the
court may appoint any person, resident of the province and good
repute for probity and ability, to defend the accused. Sec. 7, Rule
116, Rules of Court.
●​ Attorney ad hoc' - a person named and appointed by the court to defend
an absentee defendant in the suit in which the appointment is made
(Bienvenu v. Factor's of Traders Insurance Cp., 33 [Link].209)
●​ Attorney of Record - one who has filed a notice of appearance and who
hence is formally mentioned in" court records as the official attorney of the
party. Person whom the client has named as his agent upon whom
service of papers may be made. (Reynolds v. Reynolds, Cal.2d580).
●​ Of Counsel - to distinguish them from attorneys of record, associate
attorneys are referred to as "of counsel" (5 Am. Jur. 261).
●​ Lead Counsel - The counsel on their side of a litigated action who is
charged with the principal management and direction of a party's case.
●​ House Counsel - Lawyer who acts as attorney for business though
carried as an employee of that business and not as an independent
lawyer.
●​ Bar Association - an association of members of the legal profession.
●​ Advocate - The general and popular name for a lawyer who pleads on
behalf of someone else.
●​ Barrister' (England) - a person entitled to practice law as an advocate or
counsel in superior court.
●​ Proctor (England) - Formerly, an attorney in the admiralty and
ecclesiastical courts whose duties and business correspond to those of
an attorney at law or solicitor in Chancery.
●​ Titulo de Abogado - It means not mere possession of the academic
degree of Bachelor of Laws but membership in the Bar after due
admission thereto, qualifying one for the practice of law.

BAR ADMISSION
The Supreme Court has the power to control and regulate the practice of
law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:
See. 5. The Supreme Court shall have the following powers:
 (5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading practice and procedure in all courts
the admission to the practice of law, the Integrated Bar and legal
assistance to the under privileged.
The Supreme Court acts through a Bar Examination Committee in the
Exercise of his judicial function to admit candidates to the legal
profession.

PRACTICE OF LAW
●​ Concept—generally, to engage in the practice is to do any of those acts
which are characteristic of the legal profession (re: David, 93 Phil, 461). It
covers any activity, in or out of court, which requires the application of law,
legal principles, practice or procedure and calls for legal knowledge,
training and experience (PLA v. Agrava, 105 Phil 173, J K. Mercado, etc.
v. De Vera, 371 SCRA 251). This is the modern concept (Cayetano ve
Monsod, 201 SCRA 210}
●​ Strictly speaking, it implies the customary or habitual holding of oneself to
the public as a lawyer and demanding compensation for his legal services
(People v. Villanueva, 14 SCRA 111; OCA v. Ladega, 350 SCRA 331;
Borja Sr. vs. Sulyap, Inc.. 399 SCRA 601: Aguirre vs. Rana, 403 SCRA
342]. This is the classical concept. It refers of trial lawyers who appear in
court,
●​ Legal Basis:
○​ Section 1, Rule 138, Rules of Court: "Any person who has
successfully passed the bar examinations, taken the lawyer’s
oath, signed the Roll of Attorneys, and received a certificate of
admission to the Bar shall be entitled to practice law."

PRACTICE OF LAW CONCEPTS: PRIVILEGE, PROFESSION (NOT

BUSINESS)
●​ The practice of law is a PRIVILEGE granted only to those who possess
the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of
lawyers who are instruments In the effective and efficient administration of
justice. (In Re: Argosino, 1997).
●​ Practice of law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training, and experience.
"To engage in the practice of law is to perform those acts which are
characteristics of the profession. Generally to practice law is to give notice
or render any kind of service which device or service requires the use in
any degree of legal knowledge or skill." (Cayetano vs. Monsod, 20.1
SORA 210 citing 111 AI..R 23).
●​ The practice of law is a profession, a form of public trust, the performance
of which is entrusted to those who are qualified and who possess
good moral character. (Constantino vs. Aransazo, Jr., A.C. No. 9701,
February 10, 2021)
●​ The practice of law is not a business. It is a profession in which the
duty to public service, not money, is the primary consideration.
Lawyering is not primarily meant to be a money-making venture, and
law advocacy is not a capital that necessarily yields profits. The
 gaining of a livelihood should be a secondary consideration. The duty
to public service and to the administration of justice should be the
primary consideration of lawyers, who must subordinate their
personal interests or what they owe to themselves. (Bengco vs. Bernardo,
A.C. No. 6368, June 13, 2012)

QUALIFICATIONS FOR ADMISSION TO THE BAR

●​ Citizen of the Philippines
●​ At least 21 years old
●​ Of good moral character
●​ Resident of the Philippines
●​ Production before the Supreme Court satisfactory evidence of:
○​ Good moral character
○​ No charges against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines.

●​ Requirement of Good Moral Character:a continuing requirement; good

moral character is not only a condition precedent for admission to the
legal profession, but it must also remain intact in order to maintain one's
good standing In that exclusive and honored fraternity. (Tapucar VS.
Tapucar, 1998)

●​ Academic Requirements for Candidates

○​ A bachelor's degree in arts and sciences (pre-law course)
○​ A completed course in:
■​ Civil law
■​ Commercial law
■​ Remedial law
■​ Public international law
■​ Private international law
■​ Political law
■​ Labor and social legislation
■​ Medical jurisprudence
■​ Taxation
■​ Legal ethics

QUALIFICATIONS FOR MEMBERSHIP IN GOOD STANDING IN THE BAR

(unsure)
●​ This means:
a.​ continued membership and, concomitantly, payment of annual
membership dues in the IBP;
b.​ payment of the annual professional tax;
c.​ compliance with the mandatory continuing legal education
(MCLE) requirement;
d.​ faithful observance of the rules and ethics of the legal
profession and being continually subject to judicial disciplinary
control. (Petition for Leave to Resume Practice of Law,
Benjamin Dacanay, B.M. No. 1678, December 17, 2007)
APPEARANCE BY NON-LAWYERS
●​ Pro Se Representation:
○​ Individuals may appear on their own behalf in judicial proceedings.
○​ This is a constitutionally protected right, particularly in criminal
cases under the right to due process.
●​ Limited Appearance of Non-Lawyers:
○​ Senior law students may appear before courts, but only under the
Law Student
○​ Practice Rule (revised under the 2019 Clinical Legal Education
Program), and under direct supervision of a licensed attorney.
○​ Non-lawyers may represent clients in certain quasi-judicial or
administrative bodies (e.g., NLRC, SSS), if expressly allowed by
the rules of such bodies.
○​ In remote municipalities or areas with no available lawyers, courts
may permit non-lawyer representation for humanitarian reasons.
●​ However, these exceptions are narrow and regulated, and non-lawyers
may never act as lead counsel or engage in cross-examination, offer
evidence, or file pleadings without leave.

PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING

●​ Cases before the MTC: Party to the litigation, in person OR through an
agent or friend or appointed by him for that purpose (Sec. 34, Rule 138,
RRC)
●​ Before any other court Party to the litigation, in person (Ibid.)
●​ Criminal case before the MTC In a locality where a duly licensed member
of the Bar is not available: the judge may appoint a non-Lawyer who is:
○​ Resident of the province
○​ Of good repute for probity and ability to aid the accused in his
defense (Rule 116, Sec. 7, RRC).
●​ Legal Aid Program - A senior law student, who /s enrolled in a recognized
law school's clinical education program approved by the Supreme Court
may appear before any court without compensation, to represent indigent
clients, accepted by the legal Clinic of the law school. The student shall
be under the direct supervision and control of an IBP member duly
accredited by the law school.
●​ Under the labor code, non-lawyers may appear before the NLRC or any
labor Arbiter, if
○​ They represent themselves, or If
○​ They represent their organization or members thereof (Art 222,
PO 442, as amended). "
●​ Under the Cadastral Act, a non-lawyer can represent a claimant before
the Cadastral Court (Act no. 2259, Sec. 9)

LAW STUDENT PRACTICE or RULE 138-A (unsure)

●​ Eligibility Requirement of Law Student Practitioners:
○​ No law student shall be permitted to engage in any of the activities
under the Clinical Legal Education Program of a law school unless
the law student has applied for and secured the following
certifications:
 a.​ Level 1 certification, for law students who have
successfully completed their first-year law courses; and/ or
b.​ Level 2 certification, for law students currently enrolled for
the second semester of their third-year law courses:
Provided however, where a student fails to complete all
their third-year law courses, the Level 2 certification shall
be deemed automatically revoked.
●​ The certification issued shall be valid until the student has completed the
required number of courses in the clinical legal education program to
complete the law degree, unless sooner revoked for grounds stated
herein. (Sec. 3, Rule 138-A)

SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY

(unsure)
●​ He may be punished with
○​ Contempt of court;
○​ Severe censure; and
○​ Three (3) months imprisonment because of the highly fraudulent
and improper conduct tending directly to impede, degrade, and
make a mockery of the administration of justice (manangan v. CFI,
G.R. No. 82760)

PUBLIC OFFICIALS AND PRACTICE OF LAW or CANON III, SEC. 21, CPRA
(unsure)
A lawyer currently serving in the government shall not practice law
privately, unless otherwise authorized by the Constitution, the law or
applicable Civil Service rules and regulations. If allowed, private practice
shall be upon the express authority of the lawyer’s superior, for a stated
specified purpose or engagement, and only during an approved leave of
absence. However, the lawyer shall not represent an interest adverse to
the government.

PROHIBITION OF DISQUALIFICATION OF FORMER GOV’T. ATTORNEYS or

CANON II, SEC. 29, CPRA
A lawyer who has left government service shall not engage in
private practice pertaining to any matter before the office where he or she
used to be connected within a period of one (1) year from his or her
separation from such office. Justices, judges, clerks of court, city,
provincial, and regional prosecutors shall not appear before any court
within the territorial jurisdiction where they previously served within the
same period.
After leaving government service, a lawyer shall not accept an
engagement which could improperly influence the outcome of the
proceedings which the lawyer handled or intervened in, or over which the
lawyer previously exercised authority, while in said service.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR WITH

RESTRICTIONS or Section 7 of R.A. No. 6713
Private practice of law:
 ●​ Judges and other "officials as employees of the Supreme Court (Rule
148, Sec. 35, RRC).
●​ Officials and employees of the OSG (Ibid.)
●​ Government prosecutors (People v. Villanueva, 14 SORA 109).
●​ President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VI/I Sec. 15, 1987 Constitution).
●​ Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution)
●​ Ombudsman and his deputies (Art. IX, Sec. 8(2nd par), 1987
Constitution)
●​ All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
●​ Those prohibited by special law

With Restrictions:
●​ No Senator as member of the House of Representative may personally
appear as counsel before any court of justice as before the Electoral
Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec.
14, 1987 Constitution).
●​ Under the Local Government Code (RA 7160, Sec. 91) Sanggunian
members may practice their professions provided that if they are
members of the Bar, they shall not:
○​ Appear as counsel before any court in any civil case wherein a
local government unit any office, agency, or instrumentality of the
government is the adverse party;
○​ Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an
offense committed in relation to his office;
○​ Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official;
○​ Use property and personnel of the government except when the
Saggunian member concerned is defending the interest of the
government.
●​ Under RA 910, Sec. 1 as amended, a retired justice or judge receiving
pension from the government, cannot act as counsel in any civil case in
which the Government, or any of its subdivision or agencies is the
adverse party or in a criminal case wherein an officer or employee of the
Government is accused of an offense in relation to his office.

LAWYERS AUTHORIZED TO REPRESENT THE GOV’T. (unsure)

●​ Office of the Solicitor General
○​ As a public official, it is his sworn duty to provide legal services to
the government, particularly to represent it in litigations. And such
duty may be enjoined upon him by a writ of mandamus.
○​ Under the Administrative Code (Sec. 35), it is mandatory upon the
OSG to represent the government, its agencies and
instrumentalities and its officials and agents in any litigation,
proceedings, investigation requiring the services of a lawyer.
○​ In fact, if the OSG withdraws, it can be considered as beyond the
scope of its authority in the management of a case.
LAWYER’S OATH
I, (name), do solemnly swear (affirm) that I accept the honor, privilege,
duty, and responsibility of practicing law in the Philippines as an Officer of the
Court in the interest of our people.
I declare fealty to the Constitution of the Republic of Philippines,
In doing so, I shall work towards promoting the rule of law and a regime of
truth, justice, freedom, love, equality, and peace.
I shall conscientiously and courageously work for justice, as well as
safeguard the rights and meaningful freedoms of all persons, identities and
communities. I shall ensure greater and equitable access to justice. I shall do no
falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall
faithfully discharge these duties and responsibilities to the best of my ability, with
integrity, and utmost civility. I impose all these upon myself without mental
reservation nor purpose of evasion.
[For oaths] So help me, God. (Omit for affirmations)

●​ The lawyer’s oath is not mere facile words, drift and hollow, but a sacred
trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
●​ It is NOT a mere ceremony or formality for practicing law. Every lawyer
should at all times weigh his actions according to the sworn promises he
made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur
M. Cuevas, 1998).