LEGAL ETHICS REVIEWER

Liceo de Cagayan University – JD 1

Lora Mia Igaran

A. Basic concepts on admission to legal practice

Supreme Court’s administrative supervision and control over members of the Philippine Bar – 1987
Philippine Constitution, Art. VIII, Sec. 5 (5)

The Supreme Court shall:

Sec. 5 (5) Promulgate rules concerning the protection and enforcement of constitutional
rights, rights, pleadings, practice, and procedure in all courts, the admission to the practice of
law, the integrated bar, and legal assistance to the underprivileged.

Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of
the cases, shall be uniform for all courts of the same grade, and shall not diminish, increase,
or modify substantive rights.

Rules of the procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

Requisites for admission to practice of law (Before and After the Bar)

1. First Requirement (before admission to the bar)

a. Citizenship – must be a filipino citizen
b. Age – must be at least 21 years old
c. Residence – must be a resident in the Philippines
d. Educational qualification – must have completed high school, a bachelor’s degree, and
Bachelor of Laws
e. Moral and other qualifications – must be good of moral character, no charge involving moral
turpitude and have been filed or pending in any court
f. Bar examinations – must pass the bar exam
g. Oath – take lawyers oath before the Supreme Court
h. Attorney’s roll – sign the roll of Attorneys and receive Clerk of Courts of the Supreme Court
a certificate of license to practice

2. Second Requirement (after admission to the bar)

The Lawyer must remain in good and regular standing.
a. Must be a member of IBP (integrated bar of the Philippines)
b. Regularly pay all IBP membership dues and other lawful assessment
c. Must be observe faithfully the rules and ethics of profession
d. Subject to judicial disciplinary control
The Revised Lawyer’s Oath

“I, ________________(name), do solemnly swear ____________(affirm) that I accept the honor,

privilege, duty and responsibility of practicing law in the Philippines as an Officer of the Court in the
interest of our people. I declare fealty to the Constitution of the Republic of Philippines.
In doing so, I shall work towards promoting "the rule of law and a regime of truth, justice, freedom, love,
equality, and peace." I shall conscientiously and courageously work for justice, as well as safeguard the
rights and meaningful freedoms of all persons, identities and communities. I shall ensure greater and
equitable access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor nor
prejudice anyone. I shall faithfully discharge these duties and responsibilities to the best of my ability,
with integrity, and utmost civility. I impose all these upon myself without mental reservation nor purpose
of evasion.”

Authorized representation by non-lawyers

a. Law student practice rule (Rule 138-A, as amended by A.M. No. 19-03-24-SC, 25 June 2019)
 Pursuant to Section 5(5), Article VIII of the 1987 Constitution, the Supreme Court has
the power to adopt and promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the underprivileged;
 Whereas, there is a need to amend the provisions of Rule 138-A to ensure access to
justice of the marginalized sectors, to enhance learning opportunities of law students, to
instill among them the value of legal professional social responsibility, and to prepare
them for the practice of law;
 Whereas there is a need to institutionalize clinical legal education program in all law
schools in order to enhance, improve, and streamline law student practice, and regulate
their limited practice of law; and
 To produce practice-ready lawyers, the completion of clinical legal education courses
must be a prerequisite to take the bar examinations as provided in Section 5 of Rule 138.

b. Non-lawyers authorized to appear in courts, quasi-judicial agencies or arbitration

tribunals
i. Act 2259 (Cadastral Act), Sec. 9
Any person claiming any interest in any part of the lands, whether named in the
notice or not, shall appear before the Court by himself, or by some person in his
behalf and shall file an answer on or before the return day or within such further
time as may be allowed by the Court.

ii. Labor Code, Art. 222 are renumbered

Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or 2. If they represent their organization or

members thereof.

iii. DARAB – RA 6657 as amended by RA 9700

iv. Local Government Code (RA 7160, Sec. 415)

Appearance of Parties in Person. – In all katarungang pambarangay proceedings,

the parties must appear in person without the assistance of counsel or
 representative, except for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.

v. Rules of procedure for Small Claims Cases (Sec. 17, Rule IV, A.M. 08-8-7-SC
Rules on Expedited Procedures in the First Level Courts, effective 11 April 2022

The parties shall personally appear on the designated date of hearing.

Appearance through a representative must be for a valid cause. The
representative of an individual party must not be a lawyer. Juridical entities shall
not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of Attorney (Form
7-SCC), board resolution or secretary’s certificate, as the case may be, to enter
into an amicable settlement of the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits.

vi. Secs. 22 and 33, R.A. 9285, The Alternative Dispute Resolution Act of 2004

Sec. 22 - Legal Representation in International Arbitration. - In international

arbitration conducted in the Philippines, a party may be presented by any person
of his choice. Provided, that such representative, unless admitted to the practice
of law in the Philippines, shall not be authorized to appear as counsel in any
Philippine court, or any other quasi-judicial body whether or not such appearance
is in relation to the arbitration in which he appears.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18
and 19 and 29 to 32 of the Model Law and Section 22 to 31 of the preceding
Chapter 4 shall apply to domestic arbitration.

c. Proceedings where lawyers are prohibited to appear as counsels

i. Local Government Code (RA 7160), Sec. 415
Appearance of Parties in Person. - In all katarungang pambarangay proceedings,
the parties must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.

ii. Rules of procedure for Small Claims Cases (Sec. 18, Rule IV, A.M. 08-8-7-SC
Rules on Expedited Procedures in the First Level Courts, effective 11 April 2022

The parties shall personally appear on the designated date of hearing.

Appearance through a representative must be for a valid cause. The
representative of an individual party must not be a lawyer. Juridical entities shall
not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of Attorney (Form
7-SCC), board resolution or secretary’s certificate, as the case may be, to enter
into an amicable settlement of the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits
Public officials prohibited to engage in the private practice of law

a. President, Vice-President, Members of the Cabinet their deputies and assistants

b. Senators and Members of the House of Representatives
c. Members of the Constitutional Commissions
d. Ombudsman and their deputies
e. Judges and court employees of superior courts (Sec. 11, Canon IV, 2004 Code of Judicial
Conduct
f. All governors, city and municipal mayors (RA 7160, Sec. 90 [a])
g. All other government official and employees (Section 7 (b) (2), RA 6713 in relation to
MC 17, series of 1986 of the Office of the President and Section 12, Rule XVIII of the
Revised Civil Service Rules

Lawyers with limitation to their legal practice

a. Members of Congress who are lawyers
b. Vice-governor, Vice-Mayor, members of the local Sangguniang [(RA 7160, Sec. 90 (b)]
c. Government lawyers authorized to engage in limited law practice
d. Retired judges and justices (RA 910, as amended, Sec. 1)
e. The rules on Small Claims and Katarungang Pambarangay
f. Former government lawyers cannot engage in the private practice of law within one year
from resignation, retirement or separation from public office in connection with any
matter before the office he or she used to be with [(RA 6713, Sec. 7 (b)]
 B. Code of Professional Responsibility and Accountability ( A.M. No. 22-09-01-SC)

 Canon 1 – Independence; merit-based practice

The independence of a lawyer in the discharge of professional duties without any improper influence, restriction,
pressure, or interference, direct or indirect, ensures effective legal representation and is ultimately imperative for the
rule of law.

Sec 1 - Independent, Accessible, Efficient and Effective Legal Service.

Sec 2 - Merit-Based Practice. — A lawyer shall rely solely on the merits of a cause
Sec 3 - Freedom from Improper Considerations and External Influences.
Sec 4 - Non-Interference by a Lawyer
Sec 5 - Lawyer's Duty and Discretion in Procedure and Strategy.

 Canon 2 – Propriety

A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and
professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession
consistent with the highest standards of ethical behavior.

a. Proper conduct; dignified conduct

b. Use of dignified, gender-fair and child- and culturally sensitive language
c. Duty to correct false or inaccurate statements and information made in relation to an application for
admission to bar
d. Duty to report dishonest, deceitful, or misleading conduct
e. Duty to disclose relationship or connection
f. Duty not to mislead the court, tribunal or other government agency on the existence or content of any
document, argument, evidence, law, or other legal authority, or pass off as one’s own the idea or words
of another
g. Duty not to solicit or advertise one’s legal service
h. Duty not to use any forum or medium to comment or publicize opinion pertaining toa pending
proceeding – Sub-Judice Rule
i. Duty not to give gifts and donations to any court, tribunal or other government agency
j. Duty not to institute multiple cases – forum shopping
k. Duty not to encroach or interfere in another lawyer’s engagement
l. Responsible use of social media

 Canon 3 – Fidelity

Fidelity pertains to a lawyer's duty to uphold the Constitution and the laws of the land, to assist in the
administration of justice as an officer of the court, and to advance or defend a client's cause, with full devotion,
genuine interest, and zeal in the pursuit of truth and justice.

a. Definition of practice of law

b. Definition of lawyer-client relationship
c. Conflict of interest
d. Limited legal services
e. Responsibility of a solo practitioner
 f. Responsibility of a law firm’
g. Responsibility of a government lawyer and those in the prosecution service
h. Responsibility of a paralegal
i. Responsibility of lawyers in the academe
j. Responsibility of law firms; supervisory and supervised lawyers
k. Responsibility of a legal clinic
l. Attorney’s fees
m. Attorney’s lien
n. Prohibition on lending and borrowing; exceptions
o. Prohibition against acquiring interest in the object of litigation or transaction
p. Termination of engagement by the lawyer
q. Termination of engagement by the client
r. Termination of engagement upon death
s. Accounting and turn-over of funds and properties upon termination of engagement

 Canon 4 – Competence and Diligence

a. Duty to provide competent, efficient and conscientious legal service

b. Duty to diligently and seasonably act on any legal matter entrusted by the client
c. Duty to engage lifelong learning

 Canon 5 – Equality

a. Duty to make representation on the basis of non-discrimination

b. Duty to provide a higher standard of service to vulnerable persons and indigents
c. Duty to provide the same standard of service

 Canon 6 – Accountability

a. How case is instituted

b. Proceedings against a government lawyer
c. Proceedings against members of the judiciary
d. Preventive suspension
e. Quantum and burden of proof
f. Executory nature of the decision or resolution
g. Sworn statement after service of suspension
h. Judicial clemency
i. Prohibition against employment of disbarred or suspended lawyer
C. The 2004 Rules on Notarial Practice, A.M. 02-8-13-SC promulgated on 5 July 2004

1. Qualifications of a notary public

2. Term of office of a notary public
3. Powers and limitations
4. The notarial register
5. Jurisdiction of the notary public and place of notarization
6. Competent evidence of identity
7. Sanctions that may be imposed
8. 2020 Interim Rules on Remote Notarization of Paper Documents, A.M. 20-07-04-SC,
14 July 2020

D. The New Code of Conduct for the Philippine Judiciary

1. Independence, integrity, impartiality, propriety, equality, competence and diligence

a. Conditions for judges, justices to engage in business
b. Conditions for judges to teach
2. Disqualification and inhibition of judicial officers – Rule 137
3. Discipline of members, officials, employees and personnel of the judiciary under Rule
140 further amended by A.M. No. 21-08-09-SC
a. P.D. 828, as amended by P.D. 842
b. Rule 140, Rules of Court
c. Impeachment of Supreme Court Justices
d. Discipline of erring appellate justices and lower court judges
i. Administrative Matter 02-9-02-SC
ii. Imposable penalties
iii. Grounds for judicial clemency