Note 1.docx

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. 

I will maintain allegiance to the Republic of the Philippines -devotion to country/entails devotion, loyalty or commitment to the Philippines -maintain the fact that legal profession is a privilege offered to Filipino citizens -how to maintain allegiance: remain a Filipino Citizen -a lawyer who has dual citizenship can practice law in the phil. because he did not lose his Philippine citizenship

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I will support the Constitution and obey the laws as well as the legal orders -lawyers are officers of the court, hence they should follow the law/comply with the laws (as defenders of the law)

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I will do no falsehood, nor consent to the doing of any in court -lawyers are officers of the court and hence they are responsible for the aid & speedy disposition of trials -falsehood is tantamount to cheating the courts for your own advantage

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I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same -lawyers must be honest to his or her client -lawyers must inform client that there is nothing more to do if all tne necessary means have been exhausted

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I will delay no man for money or malice -no lawyer must promote paper victory -lawyers should advocate their clients on the bound of the law

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I 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 -Fidelity: devoting to one and one only> not to entertain anyone because a lawyer’s fidelity is centered to: the court; client;; & fellow lawyers -Knowledge: always learning & being ypdated -Discretion: being rational

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I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion -duties of a lawyer are centered to: client; society; court; & colleagues/brethren

ECUMENICAL PRAYER FOR THE COURTS "Almighty God, we stand in Your holy presence as our Supreme Judge. We humbly beseech You to bless and inspire us so that what we think, say, and do will be in accordance with Your will. Enlighten our minds, strengthen our spirit, and fill our hearts with fraternal love, wisdom and understanding, so that we can be effective channels of truth, justice, and peace.

In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory. Amen." PRACTICE OF LAW -is a privilege given to chosen few -is a right & privilege but more of a privilege  

Its basic ideal is to render service and to secure justice for those who seek its aid A lawyer forms part of the machinery of justice administered by the courts And because they are the vanguards of the law and the legal systems, lawyers must at all times conduct themselves in their professional and private dealings with honesty and integrity in a manner beyond reproach

WHO IS A LAWYER? -refers to that class of person who by license are officers of the court and who are empowered to appear, prosecute and defend a client’s cause Who may practice law in the Philippines? Any person who: a) Took & passed the bar b) Took the lawyer’s oath; & c) Signed in the Roll of Attorney 

DEFINITION OF TERMS COUNSEL DE PARTE  An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court  Implies freedom of choice either on the attorney or the litigant

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COUNSEL DE OFICIO  Attorney appointed by the court to defend an indigent defendant in a criminal action  To represent a destitute party  Lawyer has no chance but to accept the cause of the indigent party unless excuse for legal basis (conflict of interest)

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LAWYER OF COUNSEL  is an experienced lawyer, who is usually a retired member of judiciary employed by law firms as consultant

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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  To whom judicial notices are sent  Everything received by counsel is tantamount to receipt by the client  Being a counsel of record increases your liability to your client> any negligence done by a lawyer will have a significant effect In the case

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AMICUS CURIAE  A friend of the court  An experienced and impartial attorney invited by the court to appear and help in the disposition of issues submitted to it  Appears in court not to represent any particular party but only to assist the court

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“BAR”  refers to the legal profession

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“BENCH”  refers to the judiciary

-“In one decision, SC emphasized the importance of a lawyer in the judicial system in that wheels of justice are most, if not all the time starts with the act of attorney.” 1.

THE LEGAL PROFESSION -it is the noblest profession because lawyers are tasks to protect life, liberty, & property it is a right but more than of a privilege RIGHT PRIVILEGE -earned through studying law -there is a continuing mandate maintain good moral character

of special problems and be always ready to lend assistance in the study and solution of social problems 4. TO COLLEAGUES -candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession

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Accessibility -the service of a lawyer must be readily available to any person regardless of sex, culture, social status, or all walks of life -equal degree of service & level of commitment to all

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Learning -a lawyer don’t stop learning, he needs to be updated in the changes in law in order to cater to the need of time -continuous learning and keeping abreast with the law

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THE PRACTICE OF LAW AS A PROFESSION -noblest profession -not a money making business or enterprise -both an obligation & a right -the privilege to practice law is bestowed only upon individuals who are competent:  intellectually;  academically; &  morally. A LAWYER IS BOTH:  quasi-judicial officer -task to know the law & how to use the law in order to advocate & protects rights of the clients or people 

officer of the court -because a lawyer is a proponent in the administration of justice He is mandated to always protect the integrity of the court & the judiciary 4 FOLD OBLIGATIONS OF A LAWYER

1. TO THE COURT -respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice 2. TO THE CLIENT -entire devotion to client’s interest 3. TO SOCIETY -should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution

STANDARDS OF LEGAL PROFESSION Independence -a lawyer should serve for a client independent of any duress influence (not swayed by money or power)

CONCEPT OF THE PRACTICE OF LAW PEOPLE V. VILLANUEVA -The Court holds that the appearance of Attorney Fule did not constitute private practice, within the meaning and contemplation of the Rules. -Practice is more than isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind. -The word private practice of law implies that one must have presented himself to be in the active and continued practice of the legal profession and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his said services. -HELD: his entry of appearance was an authorized practice of law: (a) given permission by his immediate supervisor, the Secretary of Justice, to represent the complainant; & (b) no habituality CAYETANO V. MONSOD -the Court held that "practice of law" means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.  The practice of law is not limited to the conduct of cases in court.  It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients before judges and courts.  Practice of law means an individual or organization engaged in the delivery of legal services.  Engaging in the practice of law presupposes the existence of a lawyer-client relationship.

WHAT CONSTITUTES PRACTICE OF LAW: Practice of Law, generally: 1. More than isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind. It is not limited to the conduct of cases in court. 2. Includes legal advice, counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be pending in court. 3. Implies the customary or habitual holding out of oneself to the public as a lawyer and demanding compensation for his services. 4. Includes representation before the court as well as representation before other agencies, also includes activities outside the court. THREE PRINCIPAL TYPES OF PROFESSIONAL ACTIVITIES: 1. Legal advice and instructions to the clients to inform them of their rights and obligations. 2. Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman. 3. Appearance for clients before public tribunals which possess power & authority to determine rights of life, liberty, & property according to law. The following factors are considered in determining whether there is practice of law [HACA]: 1. Habituality- implies customarily or habitually holding oneself out to the public as a lawyer (the fact that you maintain your office, there is habituality) 2. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experience 3. Compensation- implies that one must have presented himself to be in the active practice and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his said services. Least important: WON you get paid does not matter, what is the possibility to be paid 4. Attorney-client relationship. ULEP v. THE LEGAL CLINIC  In determining whether a man is practicing law, we should consider his work for any particular client or customer as a whole.  One who confers with clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court, is also practicing law.  Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character.  The purpose of this qualification is to protect the public, the court, the clien, & the bar from incompetence.  HELD: The activities of the Legal Clinic constitute a practice of law. AGUIRRE v. RANA  Before one is admitted to the Philippine Bar, he must possess the requisite moral integrity for membership in the legal profession. Possession of moral integrity is of greater importance than possession of legal learning. The practice of law is a

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privilege bestowed only on the morally fit. A bar candidate who is morally unfit cannot practice law even if he passes the bar examinations. HELD: Denied admission to the Bar.

FELICIANO v. BAUTISTA LOZADA  Practice of law. "It 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 or skill."  The practice of law is a privilege. It is not a business or a trade.  HELD: Mitigated, duty bound to held family. SUSPENDED for a period of six (6) months from the practice of law. BONGALONTA v. CASTILLO  It is well to stress again that 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  One of these requirements is the observance of honesty and candor.  For this reason, a lawyer is required to swear to do no falsehood, nor consent to the doing of any in court.  HELD: Finding respondent Atty. Pablito M. Castillo guilty committing a falsehood in violation of his lawyer's oath and of the Code of Professional Responsibility, the Court Resolved to SUSPEND him from the practice of law for a period of six (6) months. IN RE: ARGOSINO:  The lawyer’s oath 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 makes when taking the lawyer’s oath. If all lawyers conducted themselves strictly according to the lawyer’s oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for everyone concerned.  The Supreme Court may deny lawyer’s oath-taking based on a conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications “he may now be regarded as complying with the requirements of good moral character xxx he is not inherently of bad moral fiber”.  The practice of law is not a natural, absolute or constitutional right to be granted to everyone who demands it. Rather, it is a high personal privilege limited to citizens of good moral character, with special educational qualifications, duly ascertained and certified. The essentiality of good moral character in those who would be lawyers is stressed in the following: -upright character> It is something more than an absence of bad character. It is the good name which the applicant has acquired, or should have acquired, through association with his fellows. It means that he must have conducted himself as a man of upright character ordinarily would, or should, or does. Such character expresses itself, not in negatives nor in following the line of least resistance, but quite often, in the will to do the unpleasant thing if it is right, and the resolve not to do the pleasant thing if it is wrong  HELD: Admitted to the Bar.

PERSONS WHO ARE ENTITLED TO PRACTICE LAW WHO MAY PRACTICE LAW  Any person who has been duly licensed as a member of the bar in accordance with the statutory requirements and who is in good and regular standing is entitled to practice law. [Sec. 1, Rule 138]. Two basic statutory requirements: 1. Must have been admitted to the bar. 2. After admission, must remain in good and regular standing (a continuing requirement). 2 BASIC REQUIREMENTS I. ADMISSION TO THE BAR: A. Proof of educational, moral, & other qualifications: 1. Citizen of the Philippines (Citizenship ensures allegiance to the Republic and its laws) 2. Resident of the Philippines (His/her duties to his client and to the court will require that he be readily accessible and available)

3. 4. 5. 6. 7. 8. 9.

At least 21 years old (Maturity and discretion are required in the practice of law) Graduate of a 4 year high school course Bachelor degree holder Successfully completed all prescribed courses in the curriculum for law Passed the bar exams Good moral character No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. (if there is, come clean and declare it) Q: May an applicant who studied law in a foreign country take the bar in the Philippines? Bar matter 1153: sec. 5 & 6 of Rule 138 of the ROC A: Yes, but premise on the fact that: -A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: a. completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; b. recognition or accreditation of the law school by the proper authority; and c. completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government.

B. Pass the Bar exam -held on 4 Sundays of November 1st Sunday AM: Political & International Law 15% PM: Labor and Social Legislation 10% 2nd Sunday AM: Civil Law 15% PM: Taxation 10% 3rd Sunday AM: Mercantile Law 15% PM: Criminal Law 10% 4th Sunday AM: Remedial Law 20% PM: Legal Ethics and Practical Exercises 5%

-Passing Grade: A general average of 75% in all subjects without falling below 50% in any subject. C. Taking the lawyer’s oath before the SC D. Sighing Roll of Attorneys & receiving certificate of license to practice II. TO REMAIN IN GOOD AND REGULAR STANDING 1. Remain a member of the IBP 2. Regular payment of IBP annual membership dues 3. Payment of professional tax 4. Faithfully observe the rules and ethics of the legal profession 5. Be continually subjected to judicial disciplinary control 6. Compliant with Mandatory Continuing Legal Education (MCLE), required every 3 years to complete at least 36 hours of continuing legal education activities - Continuing legal education is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

Effect of non-compliance of MCL, non-payment of IBP dues, & PT: -not considered in regular standing, hence not allowed to practice law -MCLE no.; PTP no.; & IBP no. are required in all papers PUBLIC OFFICIALS PROHIBITED TO PRACTICE LAW GEN. RULE: All public officials are prohibited to practice law  Public office is a Public Trust  Intended to preserve integrity of public office ABSOLUTE PROHIBITION 1. All members of the Judiciary 2. Judges and other officials as employees of the Supreme Court 3. Government prosecutors. 4. President, Vice President, members of the cabinet 5. Members of Constitutional Commissions 6. Ombudsman and his deputies 7. Solicitor General and Assistant Solicitor General 8. All governors, city and municipal mayors 9. Those prohibited by special laws – retired members of the judiciary 10. Civil service officers or employees whose duties require them to devote their entire time at the disposal of the government Appointment or Election to a government office disqualifies one to practice law. 1. Public office is a Public Trust. Obliged to perform duties with exclusive fidelity. 2. Avoid conflict of interests. 3. Assure the people of impartiality in the performance of public functions, thereby promote the public welfare.

RELATIVE PROHIBITION 1. Members of the legislature but prohibited to appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies The word ―appearance includes: 1. Arguing a case before any such body. 2. Filing a pleading on behalf of a client as ―by simply filing a formal motion, plea or answer. **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> amounts to circumvention of law; in essence he has participation on that

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Members of the Sanggunian may practice law except during session hours and provided that they shall not: a) Appear as counsel before any court in any civil case wherein a local government unit or any agency, or instrumentality of the government is the adverse party; b) 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; c) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and d) Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government A Civil Service Officer can engage in the practice of law only if: a) The officer’s responsibilities do not require his time to be fully at the disposal of the government. b) With written permission from the head of the department concerned.

*A punong barangay needs to obtain written permission from the Secretary of the DILG to appear as counsel.

Liability for unauthorized practice: 1. Any person prohibited from engaging in the practice of law or assumes to be an attorney is liable for contempt of court, punishable by fine or imprisonment or both. 2. Liable for Estafa, defrauds the litigant: a) If such unauthorized practice causes damage to a party. b) False representation and rendering service in court in behalf of litigant. 3. Criminal and Administrative Liability for government officials prohibited from practicing law when doing such.

PRACTICE OF LAW WITHOUT ADMISSION 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 or with the aid of an attorney. [Sec. 34, Rule 138] 2.

Before any other court – a party may conduct his litigation personally. [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. selfrepresentation

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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 represent the accused in his defense. [Sec. 7, Rule 116]

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Student Practice Rule - A law student who has successfully completed his 3rd year of the regular 4-year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education program approved by the SC – may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the Legal Clinic of the school. [Sec. 1, Rule 138-A] The appearance of the law student shall be under the direct supervision and control of a member of the IBP duly accredited by the law school. [Sec. 2]

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Under the Labor Code – non-lawyers may appear before the NLRC or any Labor Arbiter if they (a) represent themselves; (b) represent their organization or members thereof [Art. 222, PD 442]

Three Limitations in the appearance of a layman on behalf of another: 1. Layman should confine his work to non-adversary contentions. Should not undertake purely legal work such as examination of witnesses or presentation of evidence. 2. Services should not be habitually rendered. 3. Should not charge or collect attorneys’ fees. ADMISSION TO THE PRACTICE OF LAW -Admission to practice is a judicial function -The power to admit applicants to the practice of law is judicial in nature and involves the exercise of judicial discretion -Traditionally exercised by the Supreme Court as an inherent part of its judicial power. *Rationale comes from the nature of a judicial function and the role played by attorneys in the administration of justice. SC HAVE THE PRIMARY DUTY TO DECIDE: 1. Who may be admitted to the bar as one of its officers. 2. What are the causes for disciplinary action against him. 3. Whether he should be disciplined, suspended, disbarred, or reinstated.

STUDENT PRACTICE RULE RULE 138-A LAW STUDENT PRACTICE RULE Conditions for Student Practice (sec. 1): 1. A law student who has successfully completed his 3rd year of the regular fouryear prescribed law curriculum 2. Is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court 3. May appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer 4. To represent indigent clients accepted by the legal clinic of the law school Appearance (sec. 2): 1. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school 2. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic   

The legal clinic must monitor & supervise the case of the student so that the student must be guided since he is not yet a full pledge lawyer Rules on privilege communication rule shall apply to the law student (client-lawyer relationship: client’s secret must remain confidential) The law student must comply with the standards of professional conduct governing members of the bar EFFECT OF VIOLATION: -the IBP member who is supervising the said law student shall be made liable

CRUZ v. MINA SEC. 34. By whom litigation is conducted. — In the Court of a municipality a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance must be either personal or by a duly authorized member of the bar. HELD: There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In Section 34 of Rule 138, the appearance of a non-lawyer, as an agent or friend of a party litigant, is expressly allowed, while the Rule 138-A rule provides for conditions when a law student, not as an agent or a friend of a party litigant, may appear before the courts.     

MEMBERSHIP IN THE IBP Membership by every attorney in the IBP is compulsory. Payment of IBP dues is a condition sine qua non to the privilege to practice law and to the retention of his name in the roll of attorneys A Lawyer must comply with the requirement regarding payment of membership even though his practice is ―limited. The exemption from payment of individual income taxes for senior citizens does not include payment of IBP membership dues. Default in payment for 6 months shall warrant suspension.

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Default in such payment for 1 year shall be a ground for removal of the name of the delinquent member from the Roll of Attorneys.

LETTER OF ATTY. CECILIO AREVALO Issue: WON he should be assessed with IBP dues HELD: Yes. There is no distinction between a private practitioner & public practitioner regardless the type of practice the member is engaged in.  An "Integrated Bar" is a State-organized Bar, to which every lawyer must belong, as distinguished from bar association organized by individual lawyers themselves, membership in which is voluntary.  Organized by or under the direction of the State, an Integrated Bar is an official national body of which all lawyers are required to be members.  The integration of the Philippine Bar means the official unification of the entire lawyer population.  Fee is, indeed, imposed as a regulatory measure, designed to raise funds for carrying out the noble objectives and purposes of integration.  Thus, payment of dues is a necessary consequence of membership in the IBP, of which no one is exempt.  This means that 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 of, or the type of practice, the member is engaged in.  There is nothing in the law or a rule which allows exemption from payment of membership dues. SANTOS v. LLAMAS HELD: Atty. Francisco R. Llamas is SUSPENDED from the practice of law for ONE (1) YEAR, or until he has paid his IBP dues.  While it is true that R.A. No. 7432, 4 grants senior citizens "exemption from the payment of individual income taxes; the exemption does not include payment of membership or association dues.  An atty. can engage in the practice of law only by paying his dues, and it does not matter that his practice is "limited." CITIZENSHIP Section 2, Rule 138 (Attorneys and Admission to Bar) of the Rules of Court: SECTION 2. Requirements for all applicants for admission to the bar. – Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twentyone years of age, of good moral character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. GENERAL RULE: -A lawyer who lost his citizenship can no longer practice law in the Philippines EXCEPTION: -when Filipino citizenship is lost by reason of naturalization as a citizen of another country but subsequently reacquired pursuant to RA 9225. This is because "all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of [RA 9225].

-Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he must first secure from the Supreme Court a license or permit to engage in such practice with the following condition: 1. the updating and payment in full of the annual membership dues in the IBP; 2. the payment of professional tax; 3. the completion of at least 36 credit hours of mandatory continuing legal education; this is specially significant to refresh the applicant/petitioner’s knowledge of Philippine laws and update him of legal developments and 4. the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines

***LEGAL ETHICS***

-Branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. -It is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar Significance: -its significance is to uphold the profession since the profession is imbued with public policy & interest SOURCES OF LEGAL ETHICAL STANDARDS A. PRIMARY SOURCES 1. BAR: Code of Professional Responsibility & Code of Professional Ethics 2. BENCH: Canons of Judicial Ethics & Code of Judicial Conduct of the Philippines B. SECONDARY SOURCES 1. Decisions or Resolutions of the Supreme Court 2. SC Circulars 3. Orders or Resolutions of other Courts 4. IBP Issuances C. OTHER SOURCES 1. Article 1491 (5), NCC The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession. -tendency is you are using your moral ascendancy over client; abuse of authority in lawyer-client relationship

2. Article 2208, NCC -In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. In all cases, the attorney's fees and expenses of litigation must be reasonable. 3. Article 203 & 222, Labor Code Art. 203. Prohibition. No agent, attorney or other person pursuing or in charge of the preparation or filing of any claim for benefit under this Title shall demand or charge for his services any fee, and any stipulation to the contrary shall be null and void. The retention or deduction of any amount from any benefit granted under this Title for the payment of fees for such services is prohibited. Violation of any provision of this Article shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or imprisonment for not less than six months nor more than one year, or both, at the discretion of the court. Art. 222. Appearances and Fees. Non-lawyers may appear before the Commission or any Labor Arbiter only: If they represent themselves; or If they represent their organization or members thereof. No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void. 4.

209 of the RPC

Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.

THE CANONS OF PROFESSIONAL RESPONSIBILITY I. LAWYER’S DUTIES TO SOCIETY

CANON 1:

-A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal process. DUTIES UNDER CANON 1 1. Duty to uphold the Constitution and obey the law 2. Duty not to engage in unlawful conduct 3. Duty not to counsel illegal activities

PEOPLE v. TUANDA HELD: Suspension in the practice of law of atty. Tuanda is valid -the offense of which she is found guilty involved moral turpitude. We should add that violation of B.P. Blg. 22 is a serious criminal offense which deleteriously affects public interest and public order. -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 DECEIT- make something appear to be true when in fact it is fake; act of concealing or misrepresenting the truth

BAUTISTA v. GONZALES -a lawyer should observe honesty and fairness even in his private dealings and failure to do so is a ground for disciplinary action against him -a lawyer should never seek to mislead the court by an artifice or false statement of fact or law HELD: Attorney Ramon A. Gonzales committed serious misconduct, the Court Resolved to SUSPEND respondent from the practice of law for SIX (6) months

IN RE PERALTA HELD: Respondent Peralta is immoral. He made mockery of marriage which is a sacred institution demanding respect and dignity. His conviction in the criminal case involves moral turpitude. The act of respondent in contracting the second marriage (even his act in making love to another woman while his first wife is still alive and their marriage still valid and existing) is contrary to honesty, justice, decency, and morality. He is denied from being admitted to the bar.

DIZON v. LAMBINO -Section 1 (a) of Republic Act 157 does not grant the NBI the power to make warrantless arrests. The NBI Charter clearly qualifies the power to make arrests to be in accordance with existing laws and rules HELD: By persisting in his attempt to arrest the suspected students without a warrant, Atty. Dizon violated Rule 1.02 of Canon 1 of the Code of Professional Responsibility. He is reprimanded.

ARCIGA v. MANIWANG -promise to marry, GF is pregnant & gave birth, but when he paased the bar, he marry someone else -An applicant for admission to the bar should have good moral character. -He is required to produce before this Court satisfactory evidence of good moral character and that no charges against him, involving moral turpitude, have been filed or are pending in any 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 in the bar may be terminated when a lawyer ceases to have good moral character HELD: Considering the facts of this case and the aforecited precedents, the complaint for disbarment against the respondent is hereby dismissed.

NADAYAG v. GRAGEDA -A lawyer shall at all times uphold the integrity and dignity of the legal profession. -In the case at bar, Grageda should have been conscientious in seeing to it that justice permeated every aspect of a transaction for which his services had been engaged. -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. -a lawyer must notarize a document fair to both parties HELD: Atty. Jose A. Grageda from the practice of law for a period of three (3) months

RULE 1.01

-A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. REYES v. GAA -respondent Gaa was caught in flagrante delicto in the act of receiving the marked money from complainant during the entrapment conducted by the NBI agents, which resulted in his arrest and the subsequent filing of administrative and criminal cases against him. -When the integrity of a member of the bar is challenged, it is not enough that he denies the charges against him; he must meet the issue and overcome the evidence against him HELD: Extortion was committed by Gaa which constitutes misconduct, hence he is disbarred

DIZON v. CABUCANA -As a notary public, Atty. Cabucana 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. HELD: Atty. Marcelino Cabucana, Jr. GUILTY of violating Rule 1.01, Canon l of the Code of Professional Responsibility. Accordingly, the Court SUSPENDS him from the practice of law for three (3) months, REVOKES his incumbent notarial commission, if any, and PROHIBITS him from being commissioned as a notary public for two (2) years

RULE 1.02

AMBULANCE CHASER -lawyers who haunts hospitals and visits homes of the injured to convince them to go to court & offering his services on the basis of contingent fee

IN RE: SANTIGAO -The admission of a lawyer to the practice of law is upon the implied condition that his continued enjoyment of the privilege conferred is dependent upon his remaining a fit and safe person to society. -When it appears that he, by recklessness or sheer ignorance of the law, is unfit or unsafe to be entrusted with the responsibilities and obligations of a lawyer, his right to continue in the enjoyment of this professional privilege should be declared terminated. HELD: The respondent Roque Santiago is found guilty of malpractice and is hereby suspended from the practice of law for a period of one year.

EXAMPLE’S OF DELAYING MAN’S CAUSE: a) Resorting to technicalities to frustrate the ends of justice b) Filing of multiple repetitious petitions which obviously delay the execution of a final & executory judgment c) Filing several actions covering the same subject matter or seeking substantial or identical relief Forum shopping: -exists when, by reason of an adverse decision in one forum, defendant ventures to another for a more favorable resolution of the same subject matter of his case d) Frivolous appeals for purposes of delay e) Harassment suits

-A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.

IN RE: TERRELL -The promoting of organizations, with knowledge of their objects, for the purpose of violating or evading the laws against crime constitutes such misconduct on the part of an attorney, an officer of the court, as amounts to malpractice or gross misconduct in his office, and for which he may be removed or suspended. HELD: Terrell was found guilty of malpractice & gross misconduct for assisting in the establishment & acting as a counsel for the Centro Bellas Artes Club, an org. intending to evade the law. Terrell be suspended from the practice of law for a term of one year

RULE 1.03

-A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any man’s cause. AMONG THE UNPROFESSIONAL ACTS WHICH COME WITHIN THE PROHIBITION INCLUDE THE LAWYER’S: 1. Volunteering advice to bring 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 other causes of action & informing thereof in order to be employed to bring suit or collect judgment, or to breed litigation by seeking out claims of injuries or those having any other grounds of actions in order to secure them as clients 3. Employing agents or runners for like purposes 4. Paying 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 & soliciting their employment of him BARRANTRY -offense of frequently exciting & stirring up quarrels & suits, either at law or otherwise -a lawyer’s act of fermenting suits among individuals & offering his legal services to one of them -the offense of inciting or stirring up quarrels, litigation or groundless lawsuits, either at law or otherwise - litigation for the purpose of harassment or profit

MILLARE v. MONTERO -It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of dilatory motions, repetitious litigation and frivolous appeals for the sole purpose of frustrating and delaying the execution of a judgment. HELD: WHEREFORE, respondent is SUSPENDED for one year