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1. Code of Professional Responsibility Promulgated on June 21, 1988

2. History 1917 – Philippine Bar Association adopted Canons 1 to 32 of the Canons of Professional Ethics of the American Bar Association IN 1946 – Cannons 33 to 47 of the Canons of Professional Ethics of the American Bar Association June 21, 1988 – Supreme Court promulgated the Code of Professional Responsibility (22 canons and 77 rules which is divided into four chapters: The lawyer and society The lawyer and the Legal Profession The lawyer and the Courts The lawyer and the Clients

3. CHAPTER I. THE LAWYER AND SOCIETY CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

4. CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

5. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. UNLAWFUL CONDUCT – refers to the transgression of any provision of law, which need not be a penal law. The presence of evil intent on the part of the lawyer is not essential in order to bring his act or omission within the terms of this Rule. DISHONEST CONDUCT – defined as disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle, lack of fairness and straightforwardness; disposition to defraud, deceive or betray. IMMORAL CONDUCT – conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community.

6. MORAL CHARACTER vs. GOOD REPUTATION Moral character is the objective reality of what a person really is. Good reputation is the opinion of the public generally entertained of a person or the estimate in which he is held by the public where he is known. GROSS IMMORALITY – immoral conduct is gross when it is so corrupt as to constitute a criminal act, or so unprincipled as to be reprehensible to a high degree or when committed under such scandalous or revolting circumstances as to shock the community’s sense of decency. To be the basis of disciplinary action, the lawyer’s conduct must not only IMMORAL but GROSSLY IMMORAL.

7. Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. A lawyer should not promote nor hold an organization known for violating the law nor assist it in scheme which is dishonest. He should not allow his services to be engaged by an organization whose members are violating the law and defend them should they get caught. A lawyer advances the honor of his profession and the best interest of his client when he renders or gives advice tending to impress upon his client and his undertaking exact compliance with the strictest principles of moral law.

8. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Reason: to prevent barratry and ambulance chasing. A lawyer owes to the society and to the court the duty not to stir up litigation.

9. Barratry – the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. The person who engages in barratry is called barretor or barrator. Ambulance chasing – the solicitation of almost any kind of legal business by an attorney, personally or through an agent, in order to gain employment. Maintenance of suit- it is the intermeddling of an uninterested party to encourage lawsuit. It is a taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right.

10. Evils sought to be prevented: Fomenting of litigation with resulting burdens on the courts and the public; Subornation of perjury Mulcting of innocent persons by judgments, upon manufactured causes of action. Defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedures by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of the injured persons.

11. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. General rule: Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, in taking appeals, and in all matters of judicial procedure Exception: A lawyer cannot, without special authority, compromise his client’s litigation or receive anything in discharge of his client’s claim but the full amount in cash. A compromise entered into without authority is unenforceable. If the client is not agreeable to the compromise, he must immediately repudiate the same , otherwise he cannot be heard to complain later.

12. This rule does not extend to instances where fair settlement is not a possible option. The following cannot be compromised: Criminal liability Article 2035 of the Civil Code: No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; (6) Future legitime.

13. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

14. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Article 3, SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. |||  (The 1987 Constitution) Reason: it is th e lawyer’s prime duty to see to it that justice is accorded to all without discrimination.

15. Defenseless: those who are not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Oppressed: the victims of cruelty, unlawful exaction, domination or excessive use of authority. The lawyer is mandated to serve the marginalized. Legal aid is not a matter of charity but a public responsibility. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is the public responsibility of the bar.

16. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. The only exception t the general rule that consultation created a lawyer-client relationship. “if only to the extent necessary to safeguard the latter's right” – advising a person on what preliminary steps to take until he has secured the services of counsel. Except: Conflict of interest

17. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Prohibits professional touting. It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public.

18. Question: What is the best method for a lawyer to advertise his services?

19. "The most worthy and effective advertisement possible, even for a young lawyer, . . . is the establishment of a well- merited reputation for professional capacity and fidelity to trust. This cannot be forced but must be the outcome of character and conduct." |||  (Director of Religious Affairs v. Bayot , Adm. Case No. 1117, [March 20, 1944], 74 PHIL 579-581)

20. Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. Reason: to avoid demeaning and degrading competition. Exception: valid justifications such as when the client is a relative or a fellow lawyer or is too poor that it would be inhumane to charge him even the customary rates of attorney’s fees.

21. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS .

22. Reason: legal services, unlike other personal services rendered by other professionals or skilled workers, require a certain degree of dignity to be maintained.

23. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. A lawyer cannot advertise his talent as a shopkeeper advertises his wares as he is a member of an honorable profession whose primary purpose is to render public service and help secure justice and in which renumeration is a mere incident.

24. Certain self- lauditory information may be disseminated, such as the election to a public office, scholastic honors and achievements, and legal authorships. It is prohibited when it creates an UNJUSTIFIED expectation such as when it announces the successful results it had obtained in one case which might be deceptive and misleading because PAST PERFORMANCE is NOT and indication of future performance

25. Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. The use of a cross after the names of the deceased partner is sufficient indication. It is advisable that the year of death be also indicated. The ruling in the Sycip case has been abandoned by this rule. Reason: all of the partners, by their joint efforts, contributed to the goodwill attached to the firm name. this goodwill is disturbed by a change in the firm name every time a partner dies. The purpose of retaining the name of the deceased partner is to maintain clients who have been provided legal services by the firm.

26. Use of lawyer’s name: the one inscribed in the Roll of Attorney’s Use of a foreign law firm name: not allowed as foreigners cannot practice law in the Philippines and the use of a foreign law firm name in the country is unethical.

27. Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Reason: prevent the law firm or partners from making use of the name of the public official to attract business and to avoid suspicion of undue influence. Go back to the list of those public officials absolutely prohibited from practicing their profession

28. Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Reason: to prevent some lawyers from gaining an unfair advantage over others through the use of gimmickry, press agentry, or other artificial means. If competitive advertising is allowed, good and ethical lawyers will be pushed to the sides by moneyed and unscrupulous ones..

29. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Not a strict duty but it is nonetheless a duty which flows from the lawyer’s sense of public responsibility. ILLUSTRATION: Presenting position papers or resolutions for the introduction of pertinent bills in Congress; Petitions with the SC for amendment or introduction with the Rules of Court Writing legal publications or books as an avenue of improving the legal system.

30. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.

31. Three fold obligation of a lawyer concerning the requirement of continuing legal education He owes it to himself to continue improving his knowledge of the law He owes it to his profession to take an active interest in the maintenance of high standards of legal education; and He owes it to the public to make the law a part of their social consciousness.

32. [B.M. 850.  October 2, 2001] MANDATORY CONTINUING LEGAL EDUCATION ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES SECTION 1.  Purpose of the MCLE . - Continuing legal education is required of members of the Integrated Bar of the Philippines (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.

33. Rule 7. EXEMPTIONS SECTION 1.  Parties exempted from the MCLE . -- The following members of the Bar are exempt from the MCLE requirement: (a)            The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Departments; (b)            Senators and Members of the House of Representatives; (c)           The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy program of continuing judicial education; (d)            The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; (e)            The Solicitor General and the Assistant Solicitors General; (f)  The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel; (g)            The Chairmen and Members of the Constitutional Commissions; (h)            The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of the Ombudsman; ( i ) Heads of government agencies exercising quasi-judicial functions; (j)  Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10) years in accredited law schools; (k)          The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy; and (l) Governors and Mayors. SEC. 2.  Other parties exempted from the MCLE . - The following Members of the Bar are likewise exempt: (a)            Those who are not in law practice, private or public. (b)            Those who have retired from law practice with the approval of the IBP Board of Governors.

34. Rule 12. NON-COMPLIANCE PROCEDURES SECTION 1. What constitutes non-compliance. - The following shall constitute non-compliance: (a) Failure to complete the education requirement within the compliance period; (b) Failure to provide attestation of compliance or exemption; (c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice; (e) Failure to pay non-compliance fee within the prescribed period; (f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.

35. Effect of non-compliance SEC. 2.  Non-compliance notice and 60-day period to attain compliance.  -Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following language near the beginning of the notice in capital letters: IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE. Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. Credit units earned during this period may only be counted toward compliance with prior compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted toward meeting the current compliance period requirement.

36. B.M. No. 1922             June 3, 2008 RE. NUMBER AND DATE OF MCLE CERTIFICATE OF COMPLETION/EXEMPTION REQUIRED IN ALL PLEADINGS/MOTIONS. The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, to  REQUIRE  practicing members of the bar to  INDICATE  in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period.  Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

37. penalties Fine of 2,000 – first offense Fine of 3,000 – second offense Fine of 4,000 – third offense In addition, listed as delinquent member Discharge from the case, client can secure the services of a new lawyer and has the right to demand the return of fees already paid.

38. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. Reason: A lawyer does not shed his professional obligations upon assumption of public office.

39. "Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (R.A. no. 6713) Generally speaking, a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. However, if said misconduct as a government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by this Court as a member of the Bar. ( vitrolo vs dasig )

40. 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. Public prosecutor – he is a quasi-judicial officer and as such, he should seek equal and impartial justice. He should be concerned with seeing that no innocent man suffers as in seeing that no guilty man escapes. Interest of the public prosecutor: not to win a case but to see to it that justice is done.

41. Solicitor General Represent the People in criminal actions brought to the Court of Appeals and the Supreme Court. As the official in control of criminal cases before the appellate courts, the Solicitor General may abandon or discontinue the prosecution of the case in the exercise of his sound discretion. He may even recommend the acquittal of an accused when he believes that the evidence does not warrant his conviction. Expn : R.A. 8249 – in all cases elevated to the Sandiganbayan and from the Sandiganbayan to the SC, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines except in cases filed pursuant to E.O. 1, 2, 14 and 14-A issued in 1986

42. Rule 110, Rules of Court Section 5.   Who must prosecute criminal actions . — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. Rule 110, Rules of Court. Section 16.   Intervention of the offended party in criminal action . — Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. 

43. GR: The offended party has the right to intervene in the prosecution of a crime. Expn : The crime has no civil liability Waived by the offended party or reserved the right to prosecute it separately Article 100.   Civil liability of a person guilty of felony.  - Every person criminally liable for a felony is also civilly liable (RPC) The private prosecutor is to represent the offended party with respect to the civil action for the recovery of civil liability arising from the offense. Purpose: enforce civil liability and not to demand punishment of the accused.

44. There is nothing objectionable in allowing a private prosecutor to participate in the proceedings and in turning over to him the active conduct of the case, as long as the public prosecutor is always present at every hearing, retains control thereof and assumes full responsibility thereof.

45. 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 applicable to: In the government services and is allowed by law to engage in private practice concurrently Those prohibited by law to engage in private practice but has friends, former associates and relatives who are in the active practice of law. Not only avoid all impropriety but should also avoid the appearance of impropriety

46. R.A. 6713, Section 7.   Prohibited Acts and Transactions.  - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; (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; or (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply. (c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public interest.

47. 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. Reason: avoid conflict of interest, to preclude the lawyer from using secrets or information learned in his official capacity, to or prevent the appearance of impropriety “Any matter”- The American Bar Association in its Formal Opinion 342, defined "matter" as any discrete, isolatable act as well as identifiable transaction or conduct involving a particular situation and specific party, and not merely an act of drafting, enforcing or interpreting government or agency procedures, regulations or laws, or briefing abstract principles of law. “Intervene” – only includes an act of a person who has the power to influence the subject proceedings. Forbidden office – (1987 Constitution, Article VI) SECTION 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. |||  (The 1987 Constitution, [February 2, 1987])

48. -end- NEXT TOPIC: THE LAWYER’S DUTIES TO THE LEGAL PROFESSION