Basic Legal Ethics

Prelims Reviewer

Q. Write the Attorney’s Oath

A. “I, ________________ do solemnly swear that I will maintain allegiance to the Republic of the
Philippines;
I will support its 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, neither 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 this voluntary obligation without any mental reservation or purpose of evasion. So
help me God.”

Cayetano vs Monsod
- Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. "To engage in the practice of law is to perform those
acts which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill."

- At this point, it might be helpful to define private practice. The term, as commonly understood, means
"an individual or organization engaged in the business of delivering legal services." Lawyers who
practice alone are often called "sole practitioners." Groups of lawyers are called "firms." The firm is
usually a partnership and members of the firm are the partners. Some firms may be organized as
professional corporations and the members called shareholders. In either case, the members of the
firm are the experienced attorneys. In most firms, there are younger or more inexperienced salaried
attorneys called "associates."

- Interpreted in the light of the various definitions of the term "practice of law", particularly the modern
concept of law practice, and taking into consideration the liberal construction intended by the
framers of the Constitution, Atty. Monsod’s past work experiences as a lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-
legislator of both the rich and the poor - verily more than satisfy the constitutional requirement - that
he has been engaged in the practice of law for at least ten years.

Q. A group of businessmen decided to incorporate a stock corporation with the primary objective
of giving legal guidance to their clients who regularly invest in publicly listed companies. They
intend to hire at least 25 lawyers who will perform the work. If you were the Chairman of the
Securities and Exchange Commission, will you approve the registration of the subject company?

A. As Chairman of the SEC, I will not approve the registration of a stock company which will engage in the
practice of law. The practice of law is not a business and lawyers cannot form stock corporations to
practice the profession. It is likewise prohibited for lawyers to allow non-lawyers to practice law nor are
lawyers allowed to share their legal fees with non-lawyers. (Ulep v. The Legal Clinic, Inc., Bar Matter
No. 550, June 17, 1993)
PHILIPPINE LAWYERS VS AGRAVA, 1952
- "The practice of law is not limited to the conduct of cases or litigation 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, and in
addition, conveying. In general, all advice to clients, and all action taken for them in matters
connected with the law incorporation services, assessment and condemnation services
contemplating an appearance before a judicial body, the foreclosure of a mortgage, enforcement of a
creditor's claim in bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to constitute law practice, as
do the preparation and drafting of legal instruments, where the work done involves the determination
by the trained legal mind of the legal effect of facts and conditions.

- In conclusion, we hold that under the present law, members of the Philippine Bar authorized by this
Tribunal to practice law, and in good standing, may practice their profession before the Patent Office,
for the reason that much of the business in said office involves the interpretation and determination of
the scope and application of the Patent Law and other laws applicable, as well as the presentation of
evidence to establish facts involved; that part of the functions of the Patent Director are judicial or
quasi-judicial, so much so that appeals from his orders and decisions are, under the law, taken to the
Supreme Court.”

CRUZ VS CABRERA, 2004

- In a case wherein a fourth-year law student (Cruz) who represented himself before court and a lawyer
(Atty. Cabrera) who uttered defamatory words such as “appear ka ng appear, pumasa ka muna”, the
Court ruled:
o As per Atty. Cabrera: the outburst does not amount to a violation of Rule 8.01 of the Code of
Professional Responsibility.

“Such single outburst, though uncalled for, is not of such magnitude as to warrant
respondent's suspension or reproof. It is but a product of impulsiveness or the heat of
the moment in the course of an argument between them. It has been said that lawyers
should not be held to too strict an account for words said in the heat of the moment,
because of chagrin at losing cases, and that the big way is for the court to condone
even contemptuous language.”

o As per Cruz: “that complainant is not precluded from litigating personally his cases. A party's
right to conduct litigation personally is recognized by Section 34 of Rule 138 of the Rules of
Court:

SEC. 34. By whom litigation conducted. -- In the court of a justice of the peace a party
may conduct his litigation in person, with the aid of an agent or friend appointed by him
for 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.”

This provision means that in a litigation, parties may personally do everything during its
progress – from its commencement to its termination. When they, however, act as their own
attorneys, they are restricted to the same rules of evidence and procedure as those qualified
to practice law; otherwise, ignorance would be unjustifiably rewarded. Individuals have long
been permitted to manage, prosecute and defend their own actions; and when they do so,
they are not considered to be in the practice of law. "One does not practice law by acting for
himself any more than he practices medicine by rendering first aid to himself."
 Practice is more than an isolated appearance, for it consists in frequent or customary
action, a succession of acts of the same kind. In other words, it is frequent habitual
exercise.

SANTIAGO vs SAGUICIO, 2006

- In a case wherein a lawyer, who previously was employed in as a private counsel for labor matters of
a company, subsequently as appointed as Provincial Prosecutor and was assigned to handle the
labor case filed the former laborers of the said company, the Court ruled:

o Conflict of interest – what a lawyer owes his former client is to maintain inviolate the client's
confidence or to refrain from doing anything which will injuriously affect him in any matter in
which he previously represented him.

 In the present case, there is no conflict of interest as Saguicio was no longer

connected with Taggat when the labor issue occurred. Saguicio performing the
preliminary investigation for the case does not necessarily follow that he used any
confidential information from his employment from Taggat in resolving the criminal
complaint.

 “A lawyer's immutable duty to a former client does not cover transactions that
occurred beyond the lawyer's employment with the client. The intent of the law is to
impose upon the lawyer the duty to protect the client's interests only on matters that
he previously handled for the former client and not for matters that arose after the
lawyer-client relationship has terminated.”

o Saguicio engaged in private practice of law while working as a government prosecutor.

 Respondent argues that he only rendered consultancy services to Taggat

intermittently and he was not a retained counsel of Taggat from 1995 to 1996 as
alleged. This argument is without merit because the law does not distinguish
between consultancy services and retainer agreement. For as long as respondent
performed acts that are usually rendered by lawyers with the use of their legal
knowledge, the same falls within the ambit of the term "practice of law."

 Violations of RA 6713 or Code of Conduct and Ethical Standards for Public Officials
and Employees are not subject to disciplinary action under the Code of Professional
Responsibility unless the violations also constitute infractions of specific provisions of
the Code of Professional Responsibility.

Respondent is also mandated under Rule 1.01 of Canon 1 not to engage in

"unlawful, dishonest, immoral or deceitful conduct." Unlawful conduct includes
violation of the statutory prohibition on a government employee to "engage in the
private practice of [his] profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with [his] official
functions."

PEOPLE vs VILLANUEVA, 1965

- In a case where a fiscal of another province appeared as counsel for his friend in a criminal case
under a different jurisdiction, the Court upheld the decision of the lower court. The lower court ruled
that under Sec. 31 of Rule 127 of the Rules of Court, 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; hence,
City Attorney Fule appearing as a friend without being paid and there being no conflict of interest as
criminal cases are handled by city prosecutors and not city attorneys is allowable.
- Furthermore, SC cited the observation of the Solicitor General:
"Essentially, 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 a compensation, as a source of his livelihood or in
consideration of his said services."

IN RE ARGOSINO
- In a case where a bar candidate had been charged and convicted by the crime of homicide as a
result of fraternity hazing, the Court required the candidate evidence that he may be regarded as
complying with the requirement of good moral character imposed upon those seeking admission to
the bar.

- 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 practice of law is a privilege granted only to those who possess the strict intellectual and
moral qualifications required of lawyers who are instruments in the effective and efficient
administration of justice. It is the sworn duty of this Court not only to "weed out" lawyers who have
become a disgrace to the noble profession of the law but, also of equal importance, to prevent
"misfits" from taking the lawyer's oath, thereby further tarnishing the public image of lawyers which
in recent years has undoubtedly become less than irreproachable.

- The requirement of good moral character to be satisfied by those who would seek admission to
the bar must of necessity be more stringent than the norm of conduct expected from members of
the general public. There is a very real need to prevent a general perception that entry into the
legal profession is open to individuals with inadequate moral qualifications.

- Good moral character

o something more than an absence of bad character.
o highest degree of scrutiny must be exercised as to the moral character of a candidate who
presents himself for admission to the bar. The evil must, if possible, be successfully met at
its very source, and prevented, for, after a lawyer has once been admitted, and has
pursued his profession, and has established himself therein, a far more difficult situation is
presented to the court when proceedings are instituted for disbarment and for the recalling
and annulment of his license.

ALAWI vs ALAUYA
- While one may have, as he truly believes, a cause of action against another party, as a member of
the Shari'a Bar and an officer of a Court, he is subject to a standard of conduct more stringent
than for most other government workers. As a man of the law, he may not use language which is
abusive, offensive, scandalous, menacing, or otherwise improper.

- Section 4 of Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713)
commands that "public officials and employees at all times respect the rights of others, and refrain
from doing acts contrary to law, good morals, good customs, public policy, public order, public
safety and public interest."

o "The conduct and behavior of every official and employee of an agency involved in the
administration of justice, from the presiding judge to the most junior clerk, should be
circumscribed with the heavy burden of responsibility. Their conduct must at all times be
characterized by, among others, strict propriety and decorum so as to earn and keep the
respect of the public for the judiciary."
- As regards Alauya's use of the title of "Attorney," this Court has already had occasion to declare
that persons who pass the Shari'a Bar are not full-fledged members of the Philippine Bar, hence
may only practice law before Shari'a courts. While one who has been admitted to the Shari'a Bar,
and one who has been admitted to the Philippine Bar, may both be considered "counsellors," in
the sense that they give counsel or advice in a professional capacity, only the latter is an
"attorney." The title of "attorney" is reserved to those who, having obtained the necessary degree
in the study of law and successfully taken the Bar Examinations, have been admitted to the
Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only
who are authorized to practice law in this jurisdiction.

TAN vs SABANDAL, 1992

- In the present case, respondent Sabandal was barred from taking oath as a member of the
Philippine Bar due to unauthorized practice of law. He presented testimonials attesting his
good moral character in his petition to take the lawyer’s oath. However, his failure to disclose
the information of him being a party to a land proceeding case wherein he used his position as
a Land Investigator at the Bureau of Lands to facilitate his procurement of free patent title over
a public land was considered by the Court as a ground for denying his prayer for taking the
oath, stating that the term “good moral character” has been defined as "including at least
common honesty. It has also been held that no moral qualification for bar membership is more
important than truthfulness or candor.

IN RE ALMACEN, 1970
- Lawyers as part of free speech may criticize decisions of the Court but such post litigation
utterances must never be resorted in order to malign the Court.

PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME "SYCIP, SALAZAR,
FELICIANO, HERNANDEZ & CASTILLO.”
- In the petition for the continued use of the firm name despite the death of one of the name
partners, the Court ruled in the negative, stating that under Art. 1815 of the Civil Code, it is
clear that that names in a firm name of a partnership must either be those of living partners
and, in the case of non-partners, should be living persons who can be subjected to liability.

- Commercial partnerships have the right to carry on the business under old name since the
name is inseparable from the good will of the firm. In the case of the professional partnerships,
such as of lawyers and doctors, the reputation of which depends on the individual skill of the
members; hence no good will can be attributed to the name.

- "A partnership for the practice of law is not a legal entity. It is a mere relationship or
association for a particular purpose. It is not a partnership formed for the purpose of carrying
on trade or business or of holding property."

- "Primary characteristics which distinguish the legal profession from business are:

1. A duty of public service, of which the emolument is a by-product, and in which one may
attain
the highest eminence without making much money.

2. A relation as an 'officer of court' to the administration of justice involving thorough sincerity,

integrity, and reliability.
 3. A relation to clients in the highest degree fiduciary.

4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to

resort to current business methods of advertising and encroachment on their practice, or
dealing
directly with their clients."
"The right to practice law is not a natural or constitutional right but is in the nature of a privilege
or franchise. It is limited to persons of good moral character with special qualifications duly
ascertained and certified. The right does not only presuppose in its possessor integrity, legal
standing and attainment, but also the exercise of a special privilege, highly personal and
partaking of the nature of a public trust.”

BURBE vs MAGULTA
- The case stemmed is about a lawyer who agreed to represent a client, who deposited an
agreed filing fee of Php 25,000.00; but the former lied and made the latter to believe that he
did file, whilst on the contrary nothing was filed.