Legal Ethics Reviewer
1ST EXAM February 4, 2016
Legal Ethics
a branch of moral science, which
treats of the duties which an
Attorney owes to the court, to the
client, to his colleagues in the
profession and to the public as
embodied in the Constitution, Rules of
Court, the Code of Professional
Responsibility, Canons of Professional
Ethics, jurisprudence, moral laws and
special laws.
RATIONALE
The practice of law which covers a wide
range of activities characteristic of the
legal profession including the pursuit
and defense of client's rights and
interests before the court, will be
transgressive, anarchic, riotous,
lawbreaking, defiant and disobedient to
courts, if there are no sets of
governing rules to limit the
parameters and tame the exercise
of the profession.
Legal ethics will guard against the
abuses and ills of the profession such as
dishonesty, deceit, immorality,
negligence, slothness, lack of diligence
and the many forms of malpractice of
the members of the bar. On the positive
side, it will raise the standard of the
legal profession, encourage and
enhance the respect for the law,
assure an effective and efficient
administration of justice, assist in the
keeping and maintenance of law and
order in coordination with the other
departments of government. It also
provides the basis for weeding out
the unfit and the misfits in the legal
BY: CRUZ, T. Legal Ethics 2016
profession for the protection of the
public.
SOURCES/ REFERENCES OF LEGAL
ETHICS
a. Canons of Professional
Ethics
b. Supreme Court Decisions
c. Constitution
d. Treatises and publications
e. Statistics
Present Basis of the Philippine Legal
System :
Code of Professional Responsibility
- 4 chapters
- 22 canons
Member of the bench : code of judicial
conduct
DEFINITION OF TERMS
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 La.Ann.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
BY: CRUZ, T. Legal Ethics 2016
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.
THE PRACTICE OF LAW
CASES: The Constitution [Art. VIII,
Sec. 5(5)] vests this power of control
and regulation in the Supreme Court.
The constitutional power to admit
candidates to the legal profession
is a judicial function and involves the
exercise of discretion. Petition to that
end is filed with the Supreme Court as
are other proceedings invoking judicial
function [In re: Almacen 31 SCRA 562]
The power of the SC to regulate the
practice of law includes the authority
to:
1. Define the term
2. Prescribe the qualifications of a
candidate to and the subjects of
the bar examinations
3. Decide who will be admitted to
practice
4. Discipline, suspend or disbar any
unfit and unworthy member of
the bar
5. Reinstate any disbarred or
indefinitely suspended attorney
6. Ordain the integration of the
Philippine Bar
7. Punish for contempt any person
for unauthorized practice of law
8. Exercise overall supervision of the
legal profession
9. Exercise any other power as may
be necessary to elevate the
standards of the bar and preserve
its integrity.
On the other hand, the
LEGISLATURE, in the exercise of its
POLICE POWER may, however, enact
laws regulating the practice of law to
protect the public and promote the
public welfare. But the legislature MAY
NOT pass a law that will control the SC
in the performance of its function to
decide who may enjoy the privilege of
practicing law and any law of that kind
is unconstitutional as an invalid exercise
of legislative power.
CONCEPT
BY: CRUZ, T. Legal Ethics 2016
A) Not property but a mere privilege;
to a certain extent, it is also a
right, consistent with the
demands of due process and
equal protection
B) Profession, not money-making
venture
C) Impressed with public interest
PRIMARY DISTINGUISHING
CHARACTERISTICS
THE LEGAL PROFESSION FROM
BUSINESS
1. A duty of public service
2. A relation, as an officer of the
court, to the administration of
justice involving thorough
sincerity, integrity and reliability
3. A relation to clients with the
highest degree of fiduciary
4. A relation to the colleagues at the
bar characterized by candor,
fairness and unwillingness to
resort to current business
methods of advertising and
encroachment on their practice,
or dealing directly with their
clients.
WHO MAY PRACTICE LAW
Rule 138 of Rules of Court
Who may practice
Any person heretofore duly
admitted as a member of the bar, or
hereafter admitted as such in
accordance with the provisions of this
rule, and who is in good and regular
standing, is entitled to practice law.
Admission to practice law
The Supreme Court has the power
to control and regulate the practice
of law. Thus, the Constitution, under
Article VIII, Sec. 5 (5) provides:
Sec. 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.
Requirements Before a Candidate
Can Engage in the Practice of Law
I. He must have been admitted to the
Bar
a. Furnishing satisfactory proof of
educational, moral and other
qualification;
b. Passing the bar
c. Taking the Lawyers Oath before
the SC
A lawyers oath signifies that
the lawyer in taking such an oath
accepts and affirms his ethical
obligations in the performance of
his duties as a lawyer and
signifies likewise his awareness of
his responsibilities that he
assumes by his admission to the
legal profession.
d. Signing the Attorneys Roll and
receiving from the Clerk of Court
of the SC a Certificate of the
license to practice
II. After his admission to the bar, a
lawyer must remain in good and regular
standing, which is a continuing
requirement for the practice of law. He
must:
a. Remain a member of the IBP
(membership therein by every
attorney is made compulsory);
b. Regularly pay all IBP membership
dues and other lawful
BY: CRUZ, T. Legal Ethics 2016
assessments, as well as the
annual privilege tax;
c. Faithfully observe the rules and
ethics of the legal profession; and
d. Be continually subject to judicial
disciplinary control.
Basic Requirements for Admission
to the Bar
Under Section 2, 5 and 6, Rule 138, the
applicant must be:
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
(Note: This is a continuing
requirement.)
4. Resident of the Philippines;
5. Must produce before the SC
satisfactory evidence of good
moral character;
3 certificates from a
member of the bar that has
a good moral standing
No charges against him,
involving moral turpitude
that have been filed or
pending in any court in the
Philippines
If any charges exist
(even if its not moral
turpitude must inform
the bar confidant
immediately
What constitutes moral
turpitude is determined
by the court
6. Must have complied with the
academic requirements;
7. Pass the bar examinations.
Moral Turpitude imports an act of
baseness, vileness or depravity in the
duties which one person owes to
another or to society in general which is
contrary to the usually accepted and
customary rule of right and duty which a Legal ethics 5 4th Sunday
person should follow. (pm)
Total 100
5. Subject % Exam Day

ACADEMIC REQUIREMENTS FOR THE Bar committee

CANDIDATES
1. Must have already earned a
Bachelors Degree in Arts or
Sciences (Pre-law)
2. Law Course completed courses
in Civil Law, Commercial Law,
Remedial Law, Criminal Law,
Public and International Law,
Political Law, Labor and Social
Legislation, Medical
Jurisprudence, Taxation, Legal
Ethics. [Sec. 5 and 6, Rule 138]
Member of the Supreme Court
who acts as Chairman
8 members of the bar.
Act as examiners for the 8
bar subjects with one
subject assigned to each.
The "Bar Confidant acts as a sort
of liaison officer between the
court and the Bar Chairman
at the same time a deputy
clerk of the court

Bar Examination
1. Determined by the supreme LAWYERS OATH
court on which month; done
during 4 Sundays of said I,___________________, do solemnly
month swear that I will maintain allegiance to
2. Bar examinations is required the Republic of the Philippines; I will
in order to test ones learning support its constitution and obey the
and proficiency in law to avoid laws as well as the legal orders of the
social danger. duly constituted authorities therein; I
3. To pass the bar, examinee has will do no falsehood, nor consent to the
to obtain an average of at doing of any in court; I will not willingly
least 75% in all subjects nor wittingly promote or sue any
4. And no failure of 50% in any groundless, false or unlawful suit, or
subject give aid nor consent to the same; I will
delay no man for money or malice, and
will conduct myself as a lawyer
Subject Percenta Schedule according to the best of my knowledge
ge and discretion, with all good fidelity as
Political Law 15 1st Sunday well to the court as to my clients; and I
(am) impose upon myself this voluntary
Labor law 10 1st Sunday obligations without any mental
(pm) reservation or purpose of evasion. So
Civil law 15 2nd Sunday help me God
(am)
Taxation 10 2nd Sunday
(pm)
Mercantile law 15 3rd Sunday
(am) a) Nature and Significance
Criminal law 10 3rd Sunday
(pm) The lawyers oath is not mere
Remedial law 20 4th Sunday facile words, drift and hollow, but
(am)

BY: CRUZ, T. Legal Ethics 2016

 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 lawyers oath. (In Re:
Argosino, 1997, In Re: Arthur M.
Cuevas, 1998).
APPERANCE OF NON- LAWYERS
General Rule: Only those who are
licensed to practice law can appear and
handle cases in court.
Exceptions:
1. Before the MTC - a party may
conduct his case or litigation in
person with the aid of an agent or
friend appointed by him. [Sec. 34,
Rule 138]
2. Before any court a party may
conduct his litigation personally. But
he gets someone to aid him and that
someone must be an authorized
member of the Bar [Sec. 34, Rule
138]. He is bound by the same rules
in conducting the trial of his case.
He cannot, after judgment, claim
that he was not properly
represented.
In the court of a justice
of the peace a party may
conduct his litigation in
person, with the aid of an
agent or friend appointed
by him for the purpose, or
with the aid an attorney.
In any other court, a party
may conduct his litigation
personally or by aid of an
attorney, and his
appearance must be
BY: CRUZ, T. Legal Ethics 2016
either personal or by a
duly authorized member
of the bar.
3. In a 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 a resident of that
province, of good repute for probity
and ability to the accused in his
defense. [Sec. 7, Rule 116]
The court, considering
the gravity of the offense
and the difficulty of the
questions that may arise,
shall appoint as
counsel de oficio only
such members of the bar
in good standing who, by
reason of their experience
and ability, can
competently defend the
accused. But in localities
where such members of
the bar are not available,
the court may appoint any
person, resident of the
province and of good
repute for probity and
ability, to defend the
accused.
4. Law student practice Rule 138-A
A. A law student who has
successfully completed
his 3rd year of the
regular four-year
prescribed law curriculum
B. Enrolled in a
recognized law school's
clinical legal education
program approved by the
Supreme Court
 C. Without compensation appear in any case in which said
in any civil, criminal or government has an interest
administrative case before direct or indirect.
any trial court, tribunal,
board or officer
D. Represent indigent
Proceedings where lawyers are
clients accepted by the
prohibited from appearing
legal clinic of the law
school
SANCTIONS FOR PRACTICE OR
E. Shall be under the direct
APPEARANCE WITHOUT AUTHORITY
supervision and control of
1. Lawyers without authority
a member of the
2. Persons who are not lawyers
Integrated Bar of the
He may be punished with:
Philippines duly accredited
a) contempt of court,
by the law school.
b) severe censure and
c) 3 months imprisonment
5. Under the Labor Code non-
lawyers may appear before the
NOTE: because of the highly fraudulent
NLRC or any Labor Arbiter if they
and improper conduct tending directly
(a) represent themselves;
to impede, obstruct, degrade, and make
(b) represent their organization or
a mockery of the administration of
members thereof
justice.
[Art. 222, PD 442]

6. A non-lawyer may represent a

PUBLIC OFFICIALS AND PRACTICE
claimant before the Cadastral
OF LAW
Court [Sec. 9, Act. No. 2259]
1. Persons authorized to represent
Sec. 9. Any person claiming
the government
any interest in any part of the
Any official or other person
lands, whether named in the
appointed or designated in
notice or not, shall appear
accordance with law to appear for
before the Court by himself,
the government of the Philippines or
or by some person in his
any of its officials shall have all the
behalf and shall file an answer
rights of a duly authorized
on or before the return day or
member of the bar to appear in
within such further time as may
any case in which the government
be allowed by the Court
has an interest, direct or indirect, or
in which such official is charged in
7. Any person appointed to appear for his official capacity.
the government of the Philippines in
accordance with law [Sec. 33,
Rule 138] 2. Prohibition or disqualification of
Any official or other person former government attorneys
appointed or designated in
accordance with law to appear for CANON 6 - THESE CANONS SHALL APPLY
the Government of the Philippines TO LAWYERS IN GOVERNMENT
shall have all the rights of a duly SERVICES IN THE DISCHARGE OF THEIR
authorized member of the bar to TASKS.

BY: CRUZ, T. Legal Ethics 2016

Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done.
The suppression of facts or the
concealment of witnesses capable of
establishing the innocence of the
accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02 - A lawyer in the
government service shall not use
his public position to promote or
advance his private interests, nor
allow the latter to interfere with his
public duties.
Rule 6.03 - A lawyer shall not, after
leaving government service, accept
engagement or employment in
connection with any matter in
which he had intervened while in
said service.
PUBLIC OFFICIALS WHO CANNOT
PRACTICE LAW IN THE PHILIPPINES
1. Judges and other officials or
employees of the superior court
2. Officials and employees of the
Office of the Solicitor General
3. Government Prosecutors
4. President, Vice-President,
members of the Cabinet, their
deputies and assistants
5. Chairmen and members of the
Constitutional Commissions
6. Ombudsman and his deputies
7. Governors, city and municipal
mayors
8. Those who, by special law are
prohibited from engaging in the
practice of their legal profession
PUBLIC OFFICIALS WITH
RESTRICTIONS IN THE PRACTICE OF
LAW
1. Senators and Members of the
House of Representatives
2. Members of the Sanggunian
BY: CRUZ, T. Legal Ethics 2016
3. Retired Justice or Judge
4. Civil Service officers or
employees without permit from
their respective department
heads [Noriega vs. Sison 125
SCRA 293]
RESTRICTIONS IN THE PRACTICE OF
LAW OF MEMBERS OF LEGISLATURE
CASES: A lawyer-member of the
legislature is only prohibited from
appearing as counsel before any court
of justice, electoral tribunals or quasi-
judicial and administrative bodies.
The word appearance includes not
only arguing a case before any such
body but also filing a pleading on behalf
of a client as by simply filing a formal
motion, plea or answer. [Ramos vs.
Manalac 89 Phil 270]
Neither can he allow his name to appear
in such pleading by itself or as part of a
firm name under the signature of
another qualified lawyer because the
signature of an agent amounts to
signing of a non-qualified senator or
congressman, the office of an attorney
being originally of agency, and because
he will, by such act, be appearing in
court or quasi-judicial or administrative
body in violation of the constitutional
restriction. He cannot do indirectly
what the Constitution prohibits directly.
[In re: David 93 PHIL 461]
Absolute prohibition
a. Section 7(b)(2) of RA 6713
Section 7 (b) Outside
employment and other activities
related thereto. - Public officials
and employees during their
incumbency shall not:
 (2) Engage in the private
practice of their profession
unless authorized by the
Constitution or law, provided,
that such practice will not conflict
or tend to conflict with their
official functions
b. Rule 138, Section 35 of the
Rules of Court
No judge or other official or
employee of the superior courts
or of the Office of the Solicitor
General, shall engage in private
practice as a member of the bar
or give professional advice to
clients.
c. Article VII, Section 13 of
the 1987 Constitution
Section 13. The President,
Vice-President, the Members
of the Cabinet, and their
deputies or assistants shall
not, unless otherwise
provided in this Constitution,
hold any other office or
employment during their
tenure. They shall not, during
said tenure, directly or indirectly,
practice any other profession,
participate in any business, or
be financially interested in any
contract with, or in any
franchise, or special privilege
granted by the Government or
any subdivision, agency, or
instrumentality thereof,
including government-owned or
controlled corporations or their
subsidiaries. They shall strictly
avoid conflict of interest in the
conduct of their office.
The spouse and relatives by
consanguinity or affinity within
the fourth civil degree of the
BY: CRUZ, T. Legal Ethics 2016
President shall not, during his
tenure, be appointed as
Members of the Constitutional
Commissions, or the Office of
the Ombudsman, or as
Secretaries, Undersecretaries,
chairmen or heads of bureaus or
offices, including government-
owned or controlled corporations
and their subsidiaries.
d. Article IX(a), Section 2 of
the 1987 Constitution
Section 2. No member of a
Constitutional Commission
shall, during his tenure, hold
any other office or
employment. Neither shall he
engage in the practice of any
profession or in the active
management or control of any
business which, in any way, may
be affected by the functions of
his office, nor shall he be
financially interested, directly or
indirectly, in any contract with,
or in any franchise or privilege
granted by the Government, any
of its subdivisions, agencies, or
instrumentalities, including
government-owned or controlled
corporations or their
subsidiaries.
e. Article IX (2nd paragraph), of
the 1987 Constitution
f. Section 90(a) of RA 7160
(a) All governors, city and
municipal mayors are
prohibited from practicing
their profession or engaging
in any occupation other than
the exercise of their functions as
local chief executives.

Relative Prohibition
a. Article vi, Section 14 of the
1987 Constitution
Section 14. No Senator or
Member of the House of
Representatives may
personally appear as counsel
before any court of justice or
before the Electoral Tribunals, or
quasi-judicial and other
administrative bodies. Neither
shall he, directly or indirectly, be
interested financially in any
contract with, or in any franchise
or special privilege granted by
the Government, or any
subdivision, agency, or
instrumentality thereof, including
any government-owned or
controlled corporation, or its
subsidiary, during his term of
office. He shall not intervene in
any matter before any office of
the Government for his pecuniary
benefit or where he may be
called upon to act on account of
his office.
b. Section 90(b) of RA 7160
(b) Sanggunian members may
practice their professions,
engage in any occupation, or
teach in schools except during
session hours: Provided, That
sanggunian members who are
also members of the Bar shall
not:
1. Appear as counsel before
any court in any civil case
wherein a local government
unit or any office, agency, or
instrumentality of the
government is the adverse
party;
2. Appear as counsel in any
criminal case wherein an
BY: CRUZ, T. Legal Ethics 2016
officer or employee of the
national or local government
is accused of an offense
committed in relation to his
office.
3. Collect any fee for their
appearance in
administrative
proceedings involving the
local government unit of
which he is an official; and
4. Use property and personnel of
the government except when
the sanggunian member
concerned is defending the
interest of the government.
5. Section 12, Rule XVIII of
the Revised Civil Service
Rules
Sec. 12. No officer or
employee shall engage
directly in any private
business, vocation, or
profession or be connected
with any commercial, credit,
agricultural, or industrial
undertaking without a written
permission from the head of
Department: Provided, That this
prohibition will be absolute in the
case of those officers and
employees whose duties and
responsibilities require that their
entire time be at the disposal of
the Government: Provided,
further, That if an employee is
granted permission to engage in
outside activities, the time so
devoted outside of office hours
should be fixed by the chief of
the agency to the end that it will
not impair in any way the
efficiency of the officer or
employee: And provided, finally,
That no permission is necessary
in the case of investments, made
by an officer or employee, which
do not involve any real or
 apparent conflict between his
private interests and public
duties, or in any way influence
him in the discharge of his duties,
and he shall not take part in the
management of the enterprise or
become an officer or member of
the board of directors
LAWYERS AUTHORIZED TO
REPRESENT THE GOVERNMENT
Pursuant to Section 35(1) of Executive
Order no. 292, it is only the Solicitor
General who can bring actions on behalf
of or defend actions against the
Republic of the Philippines. The Solicitor
General may, however, deputize legal
officers of government departments,
bureaus, agencies and offices to assist
BY: CRUZ, T. Legal Ethics 2016
him and appear or represent the
government in cases involving their
respective offices, brought before the
courts, and exercise supervision and
control over such legal officers with
respect to such case, the deputized
legal officer, however must first secure
written authority of the Solicitor
General.
Moreover, the Solicitor General retains
supervision and control over said legal
officers with respect to the cases
handled by them.
Meanwhile, government agencies and
instrumentalities may engage the
service of private lawyers or law firm
only in exceptional cases.