Legal Ethics Reviewer San Beda
Legal Ethics Reviewer San Beda
Legal Ethics Reviewer San Beda
1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS
may enjoy the privilege of practicing law and any which is contrary to the usually accepted and
law of that kind is unconstitutional as an invalid customary rule of right and duty which a person
exercise of legislative power. should follow.
d. Any place where a party to the instrument commissioned, the expiration date of the
or document requiring notarization is commission and the office address of the
under detention. notary public; and
4) The Roll of Attorneys number, the
A person shall not Professional Tax Receipt number and the
perform a notarial act if: place and date of issuance thereof and
1. the person involved as signatory to the IBP Membership number (Rule VIII,
the instrument or document- Section 2).
a. Is not in the notarys presence at
the time of the notarization; and REVOCATION OF COMMISSION
b. Is not personally known to the The Executive Judge shall revoke a commission
notary public or otherwise for any ground on which an application for a
identified by the notary public commission may be denied.
through competent evidence of In addition, the Executive Judge may revoke
identity as defined by these the commission of or impose sanctions upon any
Rules (Rule IV, Section 2). notary public who:
2. the certificate containing an 1) Fails to keep a notarial register;
information known or believed to be 2) Fails to make the appropriate entry
false; and or entries in his notarial register
3. he shall not affix an official signature concerning his notarial acts;
or seal on a notarial certificate that is 3) Fails to send the copy of the entries
incomplete (Rule IV, Section 5). to the Executive Judge within the first ten
(10) days of the month following;
DISQUALIFICATIONS 4) Fails to affix to acknowledgments the
A notary public is disqualified from performing a date of expiration of his commission;
notarial if he: 5) Fails to submit his notarial register,
1) Is a party to the instrument or document; when filled, to the Executive Judge;
2) Will receive, as a direct or indirect result 6) Fails to make his report, within a
any commission, fee, advantage, right, reasonable time, to the Executive Judge
title, interest, cash, property, or other concerning the performance of his duties,
consideration, except as provided that is as may be required by the Judge;
to be notarized; 7) Fails to require the presence of the
3) Is a spouse, common-law partner, principal at the time of the notarial act;
ancestor, descendant, or relative by 8) Fails to identify a principal on the
affinity or consanguinity of the principal basis of personal knowledge or competent
within the fourth civil degree (Rule IV, evidence;
Section 3). 9) Executes a false or incomplete
certificate under Section 5, Rule IV;
When notary public may refuse to notarize 10) Knowingly performs or fails to
even if appropriate fee is tendered: perform any other act prohibited or
1) When the notary knows or has good mandated by these Rules; and
reason to believe that the notarial act or 11) Commits any other dereliction or act
transaction is unlawful or immoral. which in the judgment of the Executive
2) When the signatory shows a Judge constitutes good cause for the
demeanor which engenders in the mind of revocation of the commission or
the notary public reasonable doubt as to imposition of administrative sanction
the formers knowledge of the (Rule XI, Section 1).
consequences of the transaction requiring
a notarial act. PUNISHABLE ACTS
3) If in the notarys judgment, the The Executive Judge shall cause the
signatory is not acting in his/her own free prosecution of any person who:
will (Rule IV, Section 4). 1) Knowingly acts or otherwise
4) If the document or instrument to be impersonates a notary public;
notarized is considered as an improper 2) Knowingly obtains, conceals,
document by these Rules. defaces, or destroys the seal, notarial
register, or official records of a notary
NOTE: A blank or incomplete instrument or public; and
document OR an instrument or document without 3) Knowingly solicits, coerces, or in
appropriate notarial certification is considered an any way influences a notary public to
Improper Instrument/Document (Rule IV, Section commit official misconduct (Rule XII,
6). Section 1).
NOTARIAL CERTIFICATES
Contents of the Concluding part of the Notarial TERMS TO REMEMBER
Certificate:
1) The name of the notary public as exactly Amicus Curiae- is an experienced and impartial
indicated in the commission; attorney invited by the court to appear and
2) The serial number of the commission of
help in the disposition of the issues submitted
the notary public;
3) The words Notary Public and the to it. It implies friendly intervention of counsel
province or city where the notary public is to call the attention of the court to some
11. The Chancellor, Vice-Chancellor and employment in connection with any matter in
members of the Corps of Professional which he had intervened while in said service.
Lecturers of the Philippine Judicial [Rule 6.03, Code of Professional Responsibility]
Academy; and Section 7 (b), RA 6713 prohibits any former
12. Governors and Mayors public official or employee for a period of one year
after retirement or separation from office to
Other Exempted Parties practice his profession in connection with any other
1. Those who are not in law practice, private matter before the office he used to be with.
or public
2. Those who have retired from law practice
with the approval of the IBP Board of THE LAWYER AND THE LEGAL PROFESSION
Governors
CANON 7: UPHOLD THE INTEGRITY AND
Good Cause for Exemption from or DIGNITY OF THE PROFESSION AND SUPPORT
modification of requirement THE ACTIVITIES OF THE IBP
A member may file a verified request A lawyer shall be answerable for
setting forth good cause for exemption (such as knowingly making a false statement or suppressing
physical disability, illness, post-graduate study a material fact, in connection with his application
abroad, proven expertise in law) from compliance for admission to the bar. (Rule 7.01)
with or modification of any of the requirements, A lawyer shall not, whether in public or
including an private life, behave in a scandalous manner to the
extension of time for compliance, in accordance discredit of the legal profession. (Rule 7.03)
with procedure to be established by the committee
on MCLE. CASE: Counsels act of filing multiple
complaints against herein complainants reflects on
Proof of exemption: Applications for exemption his fitness to be a member of the legal profession.
from or modification of the MCLE requirement shall His act evinces vindictiveness, a decidedly
be under oath and supported by documents. undesirable trait whether in a lawyer or another
individual, as complainants were instrumental in
Consequences of Non-Compliance respondents dismissal from the judiciary.
1. A member who fails to comply with the (Saburnido vs. Madrono, 366 SCRA 1, September
requirements after the 60-day period shall 26, 2001)
be listed as delinquent member by the IBP
Board of Governors upon recommendation CANON 8: COURTESY, FAIRNESS AND CANDOR
of the Committee on MCLE. TOWARD HIS COLLEAGUES AND AVOID
2. The listing as a delinquent member is HARASSING TACTICS
administrative in nature but shall be made A lawyer shall not, in his professional
with notice and hearing by the Committee dealings, use language which is abusive, offensive
on MCLE. or otherwise improper. (Rule 8.01)
CASE: Although aware that the plaintiff
CANON 6: APPLICABILITY OF THE CPR TO students were represented by counsel, respondent
LAWYERS IN THE GOVERNMENT SERVICE attorney, counsel for the defendants proceeded,
nonetheless, to negotiate with them and their
Restriction Against Using Public Office to parents without at the very least communicating
Promote Private Interest the matter to their lawyer. This failure of
Public officials and employees during their respondent is an inexcusable violation of the
incumbency shall NOT: canons of professional ethics and in utter disregard
1. Own, control, manage or accept of a duty owing to a colleague. (Camacho vs.
employment as officer, employee, Pangulayan, 328 SCRA 631, March 22, 2000)
consultant, counsel, broker, agent, trustee
or nominee in any private enterprise CANON 9: PREVENTING UNAUTHORIZED
regulated, supervised or licensed by their PRACTICE OF LAW
office unless expressly allowed by law Public policy requires that the practice of law
2. Engage in the private practice of their be limited to those individuals found duly qualified
profession unless authorized by the in education and character.
constitution or law, provided that such Purpose: To protect the public, the court, the
practice will not conflict or tend to conflict client and the bar from the incompetence or
with their official functions. dishonesty of those unlicensed to practice law and
3. Recommend any person to any position in not subject to the disciplinary control of the court.
a private enterprise which has a regular or 1. A lawyer is prohibited from allowing an
pending official transaction with their intermediary to intervene in the
office performance of his professional obligation.
4. Use or divulge confidential or classified 2. A lawyer cannot delegate to any
information officially known to them by unqualified person the performance of any
reason of their office and not available to task which by law may only be performed
the public. by a member of the Bar in good standing.
3. A lawyer cannot divide or stipulate a fee
Restrictions Against Former Official from for legal services with a person not
Accepting Certain Employment licensed to practice law.
A lawyer shall NOT, after leaving the
government service, accept engagement or Exceptions:
CANON 10: CANDOR, FAIRNESS AND GOOD CANON 12: ASSISTING IN SPEEDY AND
FAITH TO COURTS EFFICIENT ADMINISTRATION OF JUSTICE
A lawyer shall NOT do any falsehood, nor A lawyer shall NOT appear for trial unless
consent to the doing of any in court; nor shall be he has adequately prepared himself on the law and
misled, or allow the court to be misled by any the facts of his case, the evidence he will adduce
artifice. (Rule 10.01) and the order of its presentation. He should also be
ready with the original documents for comparison
REQUIREMENTS OF CANDOR: with the copies. [Rule 12.01 Code of Professional
1. A lawyer shall not suppress material and vital Responsibility]
facts which bear on the merit or lack of merit
of complaint or petition; A lawyer shall NOT unduly delay a case,
2. A lawyer shall volunteer to the court any impede the execution of judgment or misuse court
development of the case which has rendered processes. [Rule 12.04, Code of Professional
the issue raised moot and academic; Responsibility]
3. Disclose to court any decision adverse to his
position of which opposing counsel is CASE: The Court further commented that it is
apparently ignorant and which court should understandable for a party in the situation to make
consider in deciding a case; full use of every conceivable legal defense the law
4. He shall not represent himself as lawyer for a allows it. In the appraisal, however, of such
client, appear for client in court and present attempts to evade liability to which a party should
pleadings, only to claim later that he was not respond, it must ever be kept in mind that
authorized to do so. procedural rules are intended as an aid to justice,
Note: A lawyer is not an umpire but an advocate. not as means for its frustration. Technicalities
He is not obliged to refrain from making every should give way to the realities of the situation.
proper argument in support of any legal point (Economic Insurance Co., Inc. vs. Uy Realty Co.)
because he is not convinced of its inherent
soundness. Neither is he obliged to suggest The duty of a lawyer to assist in the
arguments against his position. speedy and efficient administration of justice
includes the duty to refrain from talking to his
A lawyer shall NOT knowingly misquote or witness during a break or recess in the trial while
misrepresent the contents of a paper, the language the witness is still under examination.
or the argument of opposing counsel, or the text of
a decision or authority, or knowingly cite as a law a FORUM SHOPPING - the act of filing repetitious
provision already rendered inoperative by repeal or suits in different courts. It is committed through the
amendment, or assert as a fact that which has not following:
been proved. (Rule 10.02) 1. Going from one court to another in the
A lawyer shall observe the rules of hope of securing a favorable relief in one
procedure and shall NOT misuse them to defeat court, which another court has denied.
the ends of justice. (Rule 10.03) 2. Filing repetitious suits or proceedings in
different courts concerning the same
CANON 11: OBSERVANCE OF RESPECT DUE subject matter after one court has
THE COURTS decided the suit with finality.
A lawyer shall observe and maintain the 3. Filing a similar case in a judicial court after
respect due to the courts and to judicial officers receiving an unfavorable judgment from
and should insist on similar conduct by others. an administrative tribunal.
A lawyer should show respect due the
court and judicial officer by appearing during the Forum shopping is prohibited by
trial of a case punctually and in proper attire. Supreme Court Circular No. 28-91, and the
A lawyers language should be forceful but corresponding penalties for violation thereof are as
dignified, emphatic but respectful as befitting an follows:
advocate and in keeping with the dignity of the 1. Any violation of this circular shall be a
legal profession. cause for the summary dismissal of the
multiple petition or complaint;
RIGHT AND DUTY OF LAWYER TO CRITICIZE 2. Any willful and deliberate forum shopping
COURTS by any party and his lawyer with the filing
The fact that a person is a lawyer does not of multiple petitions or complaints to
deprive him of the right, enjoyed by every citizen,
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
12 2005 CENTRALIZED BAR OPERATIONS
ensure favorable action shall constitute without objection, and the client is
direct contempt of court; benefited by reason thereof.
3. The submission of a fake certification
under par. 2 of the Circular shall likewise Note: While a written agreement for professional
constitute contempt of court, without services is the best evidence to show the relation,
prejudice to the filing of a criminal action
against the guilty party. The lawyer may formality is not an essential element of the
also be subjected to disciplinary employment of an attorney. The absence of a
proceedings. written contract will not preclude a finding that
there is a professional relationship. Documentary
CANON 13: AVOIDING IMPROPRIETY THAT formalism is not an essential element in the
TENDS TO INFLUENCE THE COURT
A lawyer shall rely upon the merits of his employment of an attorney; the contract may be
cause and refrain from any impropriety which express or implied.
tends to influence, or gives the appearance of
influencing the court. ADVANTAGES OF A WRITTEN CONTRACT
A lawyer shall not extend extraordinary BETWEEN THE LAWYER AND THE CLIENT:
attention or hospitality to, nor seek opportunity for
1. It is conclusive as to the amount of
cultivating familiarity with judges [Rule 13.01,
compensation.
Code of Professional Responsibility]
2. In case of unjustified dismissal of an
A lawyer shall not make public statements
attorney, he shall be entitled to recover
in the media regarding a pending case tending to
from the client full compensation
arouse public opinion for or against a party. [Rule
stipulated in the contract [RA 636].
13.02, Code of Professional Responsibility]
A lawyer shall not brook nor invite
interference by another branch or agency of the CANON 14: NOT TO REFUSE HIS SERVICES TO
government in the normal course of judicial THE NEEDY
proceedings. [Rule 13.03 Code of Professional
Responsibility] RIGHT TO DECLINE EMPLOYMENT;
EXCEPTIONS
General Rule: A lawyer is not obliged to act as
legal counsel for any person who may wish to
ATTORNEY-CLIENT RELATIONSHIP become his client. He has the right to decline
employment.
NATURE OF RELATION Exceptions:
1. strictly personal; 1. A lawyer shall not refuse his services to
2. highly confidential and fiduciary the needy.
2. He shall not decline to represent a person
solely on account of the latters race, sex,
GENERAL RULES PROTECTING ATTORNEY- creed or status of life or because of his
CLIENT RELATIONSHIPS own opinion regarding the guilt of said
1. Best efforts must be exerted by the person.
attorney to protect his clients interest; 3. He shall not decline, except for serious
2. The attorney must promptly account for and sufficient cause like (1) if he is not in
any fund or property entrusted by or a position to carry out effectively or
received for his client; competently; (2) if he labors under a
3. An attorney cannot purchase his clients conflict of interest between him and the
property or interest in litigation; prospective client or between a present
4. The privacy of communications shall at all and prospective client.
times be upheld;
5. An attorney cannot represent a party Reasons: IBP Guidelines, Art.1, Sec. 1. Public
whose interest is adverse to that of his Service:
client even after the termination of the 1. Legal aid is not a matter of charity but a
relation.
public responsibility.
CREATION OF RELATION: FORMS OF 2. It is a means for correction of social
EMPLOYMENT AS COUNSEL TO A CLIENT imbalance.
1. Oral when the counsel is employed 3. Legal aid offices must be so organized as
without a written agreement, but the to give maximum possible assistance to
conditions and amount of attorneys fees indigent and deserving members of the
are agreed upon. community and to forestall injustice.
2. Express when the terms and conditions
including the amount of fees, are explicitly
DUTY TO DECLINE EMPLOYMENT
stipulated in a written document which
A lawyer should decline professional
may be a private or public document.
employment even though how attractive the fee
Written contract of attorneys fees is the
offered may be if its acceptance will involve:
law between the lawyer and the client.
1. A violation of any of the rules of the legal
3. Implied when there is no agreement,
profession.
whether oral or written, but the client
2. Nullification of a contract which he
allowed the lawyer to render legal
prepared.
services not intended to be gratuitous
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
3. Advocacy in any matter in which he had connection with the controversy, which might
intervened while in the government influence the client in the selection of counsel.
service. It is unprofessional to represent conflicting
4. Employment, the nature of which might interests, except by express consent of all
easily be used as a means of advertising concerned given after a full disclosure of facts.
his professional services or his skill.
5. Employment with a collection agency Within the meaning of this Canon, a lawyer
which solicits business to collect claims. represents conflicting interests when, in behalf of
6. Any matter in which he knows or has one client it is his duty to contend for that which
reason to believe that he or his partner duty to another client requires him to oppose.
will be an essential witness for the
prospective client.
Tests to Determine Conflicting Interests
ETHICAL CONSIDERATIONS IN TAKING A BAD 1. Will the attorney be required to
CASE contest for that which his duty to
In a Criminal Case: A lawyer may accept a losing another client requires him to
criminal case because every accused is presumed oppose? (Conflicting duties)
innocent and is entitled to counsel.
2. Will the acceptance of a new relation
In a Civil Case: The rules and ethics of the invite suspicion and/or actually lead
profession enjoin a lawyer from taking a bad case. to unfaithfulness or double-dealing
towards another client? (Invitation
of suspicion)
Reasons: 3. Will the attorney be called upon in his
1. The attorneys signature in every pleading
new relation to use against his first
constitutes a certificate by him that there
is good cause to support it and that it is client any knowledge acquired in the
not interposed for delay, and willful previous employment? (Use of prior
violation of such rule shall subject him to knowledge obtained)
disciplinary action.
2. It is the attorneys duty to counsel or INSTANCES WHEN A LAWYER IS CONSIDERED
maintain such actions or proceedings only HAVING CONFLICTING DUTIES
as appear to him to be just and only such 1. As an employee of a corporation whose
defenses as he believes to be honestly duty is to attend legal affairs, he cannot
debatable under the law. join a labor union of employees in that
3. A lawyer is not to encourage either the corporation;
commencement or the continuance of an 2. As a lawyer who investigated an accident
action or proceeding, or delay any mans as counsel for an insurance, he cannot
cause, for any corrupt motive or interest. represent the injured person;
4. A lawyer must decline to conduct a civil 3. As a receiver of a corporation, he cannot
cause or to make a defense when represent the creditor;
convinced that it is intended merely to 4. As a representative of the obligor, he
harass or injure the opposite party or to cannot represent the obligee;
work oppression or wrong. 5. As a lawyer representing a party in a
However, a lawyer may accept a losing civil compromise agreement, he cannot be
case provided that, in so doing, he must not subsequent lawyer representing another
engage in dilatory tactics and must advise his client who seeks to nullify the agreement;
client about the prospects and advantage of
settling the case through a compromise.
Effects of Representing Adverse Interests
1. Disqualification as counsel of new client
on petition of former client.
LAWYERS DUTIES TO CLIENT
2. Where such is unknown to, and becomes
prejudicial to the interests of the new
CANON 15: CANDOR, FAIRNESS AND LOYALTY client, a judgment against such may, on
IN HIS DEALINGS AND TRANSACTIONS WITH that ground, be set aside.
HIS CLIENTS 3. A lawyer can be held administratively
liable through disciplinary action and may
be held criminally liable for betrayal of
CONFLICT OF INTEREST trust.
4. The attorneys right to fees may be
Duty of a Lawyer to His Client in Case There defeated if found to be related to such
is Conflict of Interest conflict and such was objected to by the
former client, or if there was a
A lawyer, in conferring with a prospective
concealment and prejudice by reason of
client shall ascertain as soon as practicable
the attorneys previous professional
whether the matter would involve a conflict with
relationship with the opposite party.
another client or his own interest, and if so, shall
forthwith inform the prospective client. [Rule
CASE: Jurisprudence instructs that there is a
15.01]
representation of conflicting interests if the
It is the duty of a lawyer at the time of
acceptance of the new retainer will require the
retainer to disclose to the client all circumstances
attorney to do anything which will injuriously affect
of his relations to the parties and any interest in
his first client in any matter in which he represents
him and also whether he will be called upon in his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
14 2005 CENTRALIZED BAR OPERATIONS
new relation, to use against his first client any CANON 18: SERVE CLIENT WITH COMPETENCE
knowledge acquired through their connection. AND DILIGENCE
Another test to determine if there is a
representation of conflicting interests is whether DUTY TO PROTECT CLIENTS INTEREST
the acceptance of a new relation will prevent an The attorneys duty to safeguard the
attorney from the full discharge of his duty of clients interests commences from his retainer
undivided fidelity and loyalty to his client or invite until his effective release from the case or the final
suspicion of unfaithfulness or double dealing in the disposition of the whole subject matter of the
performance thereof. (Pormento, Sr. vs. Atty. litigation. During that period he is expected to
Pontevedra, A.C. No. 5128, March 31, 2005) take such reasonable steps and such ordinary care
as his clients interests may require.
CANON 16: LAWYERS DUTY TO HOLD IN
TRUST ALL THE MONEY AND PROPERTY OF PREPARATION OF PLEADINGS
HIS CLIENT THAT MAY COME TO HIS A lawyer shall not handle any legal matter
POSSESSION without any adequate preparation. (Rule 18.02)
PROHIBITION AGAINST PURCHASE OF A lawyer should prepare his pleading with
PROPERTY IN LITIGATION great care and circumspection. He should refrain
from using abrasive and offensive language, for it
Elements of Prohibition merely weakens rather than strengthens the force
1. There is an attorney-client relationship; of legal reasoning and detracts from its
2. The property is in litigation; persuasiveness. In preparing a complaint for
3. The attorney is the counsel of record in damages, counsel for plaintiff should allege and
the case; state the specific amounts claimed not only in the
4. The attorney, by himself or through an body of the complaint but also in the prayer, so
agent, purchases such property during the that the proper docket fees can be assessed and
pendency of said case [Art. 1491 of the paid.
Civil Code]
DUTY TO KEEP CLIENT FULLY INFORMED
Other Instances Where Rule is Inapplicable A lawyer shall keep the client informed of
1. Where the property purchased by a lawyer the status of his case. (Rule 18.04)
was not involved in litigation. He should notify his client of an adverse
2. Where the sale took place before it decision while within the period to appeal to enable
became involved in the suit. his client to decide whether to seek an appellate
3. Where the attorney at the time of the review. He should communicate with him
purchase was not counsel in the case. concerning the withdrawal of appeal with all its
4. Where the purchaser of the property in adverse consequences. The client is entitled to the
litigation was a corporation even though fullest disclosure of the mode or manner by which
the attorney was an officer thereof. his interest is defended or why certain steps are
5. Where the sale took place after the taken or omitted.
termination of the litigation.
6. A lawyer may accept an assignment from Doctrine of Imputed Knowledge the
his client of a money judgment rendered knowledge acquired by an attorney during the time
in the latters favor in a case in which he that he is acting within the scope of his authority is
was not counsel, in payment of his imputed to the client.
professional services performed in It is based on the assumption that an
another case. attorney, who has notice of matter affecting his
7. Prohibition is inapplicable to a contract for client, has communicated the same to his principal
attorneys fees contingent upon the in the course of professional dealings. The doctrine
outcome of the litigation. applies regardless of whether or not the lawyer
actually communicated to the client what he
CANON 17: FIDELITY TO THE CAUSE OF HIS learned in his professional capacity, the attorney
CLIENT AND MINDFUL OF THE TRUST AND and his client being one juridical person.
CONFIDENCE REPOSED IN HIM Exceptions to the Rule that Notice to Counsel
CASE: Ordinarily, lawyers are not obliged to act is Notice to Client
either as advisers or as advocates of any person 1. If strict application might foster dangerous
who may wish to become their client. They may collusion to the detriment of justice.
decline employment and refuse to accept 2. Service of notice upon party instead of
representation, if they are not in a position to carry upon his attorney is ordered by court.
it out effectively or competently. But once they 3. Notice of pre trial is required to be served
agree to handle a case, attorneys are required by upon parties and their respective lawyers.
the Canons of Professional Responsibility to 4. In appeal from the lower court to the RTC,
undertake the task with zeal, care and utmost upon docketing of appeal.
devotion.
Acceptance of money from a client DUTY WHEN THE ACCUSED INTENDS TO
establishes an attorney-client relationship and PLEAD GUILTY
gives rise to the duty of fidelity to the clients A PLEA OF GUILTY is an admission by
cause. Every case accepted by a lawyer deserves the accused of his guilt of crime as charged in the
full attention, diligence, skill and competence, information and of the truth of the facts alleged,
regardless of importance. (Rollon vs. Atty. Naraval, including the qualifying and aggravating
A.C. No. 6424, March 4, 2005) circumstances.
2. Counsel de Oficio - The counsel may not 3. Coverage Covers Covers all
demand from the accused attorneys fees papers, judgment for
even if he wins the case. He may however documents, the payment
collect from the government funds if and of money
available based on the amount fixed by properties in and
the court. the lawful execution
3. Amicus Curiae - not entitled to possession of issued in
attorneys fees the attorney pursuance
by reason of of such
ATTORNEYS LIEN his judgments.
Charging Lien - is an equitable right to have the professional
fees and lawful disbursements due a lawyer for his employment.
services in a suit secured to him out of the
judgment for the payment of money and
executions issued in pursuance thereof in the 4. Effect As soon as As soon as
particular suit. the attorney the claim for
gets attorneys
Requisites of a Charging Lien possession of fees had
1. Existence of a client-lawyer relationship; the papers, been
2. The attorney has rendered services; documents, entered into
3. Favorable judgment secured by the or property. the records
counsel for his client which judgment is a of the case.
money judgment; 5. Notice Client need Notice must
4. The attorney has a claim for attorneys not be be served
fees or advances; notified to upon client
5. Noting into the records of the case make it and adverse
through the filing of an appropriate effective. party
motion of the statement of the lawyers
claim for attorneys fee with copies 6. Applicabilit May be Generally,
furnished to the client and adverse party. y exercised exercisable
before only when
Retaining Lien a right merely to retain the judgment or the attorney
funds, documents, and papers as against the client execution or had already
until the attorney is fully paid his fees. regardless secured a
thereof. favorable
Requisites: (ALU) judgment for
1. Attorney-client relationship; his client.
2. Lawful possession by the lawyer of the 7.Extinguish- When When client
clients funds, documents and papers in ment possession loses action
his professional capacity; lawfully ends as lien may
3. Unsatisfied claim for attorneys fees when as only be
lawyer enforced
voluntarily against
RETAINING LIEN VS.CHARGING LIEN parts with judgment
Point of Retaining Charging funds, awarded in
Distinction Lien Lien documents, favor of
and papers of client,
1. Nature Passive Lien. Active Lien. client or proceeds
It cannot be It can be offers them thereof/
actively enforced by as evidence. executed
enforced. It is execution. It thereon.
a general is a special
lien. lien.
2. Basis Lawful Securing of
possession of a favorable
papers, money
documents, judgment for CANON 21: PRIVILEGED COMMUNICATION
property the client.
belonging to Requisites:
the client. 1. There exists an attorney and client
relationship or a kind of consultancy
relationship with a prospective client. That
is, legal advise is what is sought;
2. The communication was made by the
client to the lawyer in the course of the
lawyers professional employment; and
3. The communication must be intended to
be confidential. [Uy Chico vs. Union Life
Association Society, 29 Phil 163]
Purposes:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
19
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
To encourage a client to make a full disclosure testimony, entrust the trial of the case to
of the facts of the case to his counsel another counsel.
without fear;
To allow the lawyer freedom to obtain full INTERVIEWING WITNESSES
information from his client. Witness- human instrumentality through which
the law and its ministers, the judges and lawyers,
Characteristics: endeavors to ascertain the truth and to dispense
1. A-C privilege where legal advice is justice to the contending parties.
professionally sought from an attorney.
2. The client must intend the above 1. A lawyer may interview a witness in
communication to be confidential. advance of trial to guide him in the
3. A-C privilege embraces all forms of management of the litigation.
communication and action. 2. A lawyer may also interview a prospective
4. As general rule, A-C privilege also extends witness for the opposing side in any civil
to the attorneys secretary, stenographer, or criminal action without the consent of
clerk or agent with reference to any fact the opposing counsel or party.
required in such capacity. 3. A lawyer may properly obtain statements
5. The above duty is perpetual and is from witnesses whose names were
absolutely privileged from disclosure. furnished by the opposing counsel or
interview the employees of the opposing
Exceptions to the Privilege party even though they are under
1. When there is consent or waiver of client. subpoena to appear as witnesses for the
2. When disclosure is required by law. opposite side.
3. When disclosure is made to protect the 4. If after trial resulting in defendants
lawyers rights (i.e., to collect his fees or conviction, his counsel has been advised
defend himself, his employees or that a prosecution witness has committed
associates or by judicial action). perjury, it is not only proper but it is the
4. When such communications are made in lawyers duty to endeavor honorably to
contemplation of a crime or the obtain such witness retraction, even
perpetuation of a fraud without advising the public prosecutor of
his purpose and even though the case is
LAWYER AS WITNESS pending appeal.
A lawyer shall avoid testifying in behalf of his An adverse party, though he may be used as a
client.
Reason: The function of a witness is to tell the witness, is not, however, a witness within the
facts as he recalls them in answer to questions. meaning of the rule permitting a lawyer to
The function of an advocate is that of a partisan. It interview the witness of the opposing counsel.
is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a CANON 22: WITHDRAWAL OF SERVICES
disinterested witness.
CRIMINAL LIABILITY
LIABILITIES OF A LAWYER A lawyer may be held criminally liable if
he commits any of the following:
LIABILITY FOR DAMAGES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
21
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1. Causing prejudice to client thru malicious III. BAR DISCIPLINE
breach of professional duty or thru
inexcusable negligence or ignorance.
2. Revealing clients secrets learned in
lawyers professional capacity thru POWER TO DISCIPLINE ERRANT LAWYERS
malicious breach of professional duty or
inexcusable negligence or ignorance. 1. The Supreme Court has the full authority and
power to (WARDS)
Specific Acts which May Result to Criminal a. Warn
Liability 1. Admonish
1. A lawyer who has undertaken the defense
2. Reprimand
of client or has received confidential
information from said client in a case may 3. Suspend and
be criminally liable for undertaking 4. Disbar a lawyer
defense of opposing party in same cause [Section 27, Rules 138, Rules of Court]
without consent of first client.[Art. 209,
RPC]
2. The Court of Appeals and the Regional
2. A lawyer who shall knowingly introduce in
evidence in any judicial proceeding or to Trial Courts are also empowered to (WARS)
the damage of another or who, with intent a. Warn
to cause such damage, shall use any false b. Admonish
document may be held criminally liable c. Reprimand and
therefor. [Art.172, RPC]
d. Suspend an attorney who
3. A lawyer who misappropriates his clients
funds may be held liable for estafa. appears before them from the
practice of law for any of the
CONTEMPT OF COURT causes mentioned in Section 27,
Nature Rule 138 [Section 16, Rule 139-
It is exercised on preservative and not on
B].
vindictive principle and on corrective rather than
the retaliatory idea of punishment, for purposes Note: But they cannot disbar a lawyer.
that are impersonal. It is criminal in nature.
The power to punish for contempt is
inherent in all courts. It is essential in the FORMS OF DISCIPLINARY MEASURES (WARS
observance of order in judicial proceedings and to
CD)
enforcement of judgment, orders and writs.
JUDGMENT
Condition for Reinstatement
DISMISSAL OF CASE A lawyer who has been suspended or
In the absence of convincing or clearly disbarred may be reinstated when the SC is
preponderant evidence, disbarment case against convinced that he has already possessed the
him should be dismissed. However, the court can requisites of probity and integrity necessary to
still impose conditions despite dismissal of
guarantee his worth to practice his profession.
disciplinary action against him, if the facts so
warrant and in the event the lawyer fails to comply
with such condition, it may suspend or disbar him
for disobedience of its order.
CANON-
RTC Judges
i. Independence
1. Natural-born citizen of the
ii. Integrity
Philippines;
iii. Impartiality
2. At least 35 years of age;
iv. Propriety
3. For at least 10 years has been
v. Equality
engaged in the practice of law in the
vi. Competence and Diligence
Philippines or has held a public
PURPOSE: to update and correlate
office in the Philippines requiring
the Code of Judicial Conduct and the Canons of
admission to the practice of law as
Judicial Ethics adopted for the Philippines, but
an indispensable requisite.
also to stress the Philippines solidarity with
MTC Judges
the universal clamor for a universal code of
1. Natural-born citizen of the Philippines;
judicial ethics.
2. At least 30 years of age;
3. For at least 5 years has been engaged
CANON 1: INDEPENDENCE
in the practice of law in the Philippines
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
28 2005 CENTRALIZED BAR OPERATIONS
for suspension of a lawyer from the practice Discipline. [Toledo vs. Abalos, A. C. No. 5141,
of law. A lawyer was suspended from the practice September 29, 1999]
of law for one month due to her wanton disregard
of the lawful orders of the IBP Commission on Bar