LEGAL AND JUDICIAL ETHICS LEGAL ETHICS PRACTICE OF LAW (RULE 138) 1. What is practice of law? Practice of Law is 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 atts which are characteristics of the profession. Generally, to practice law is to give advice or to render any kind of service, which advice or service requires the use in any degree of legal knowledge or skill (Cayetano v, Monsod, G.R. No. 100113, September 3, 1991). , other disci uphold the é ie allegations of fations in.the. SCAM. 10- CAN 'BEBIA Work in the gover Calubaquib, A.C. Loe yes gcse 7 Sine coi ent of customary action, a succession of acts of the same kid “hot viWlptveva, G:R. No. L-19450, May 27, 1968). ‘ & B 2. Borja, Sr. and Suly. Sulyap Inc. demanded ment assisted by Atty. Cruz. (promise. Hence, Sulyap Inc. r quashal on the ground that assisted him in entering into fit, and is thus prohibited from in the practice of law? No; Alty. Cruz in assisting-t a is not engaged in practice of law. Jurisprudence provides thal t pertainytdan-Feolated court appearance; rather, it contemplates a succession of & ame nature habitually:6r edstomarily holding Gne’s self to the public as a lawyer. Here, Atty. Cruz ie i ace ae Tar compromise agreement. Hence, such isolated, act doos not constitute a prohibited prvaie-practice of law by a public official: (Borja, Sr. vs Sulyap Inc., G.R. No, 150718. March 26,2003) <~ 5 Borja, Sr. however, fail filed a motion for t the compromise agi ‘such agreement, was engaging in the privat 785 3. Atty. Lozada was suspended by the Court en banc. However, in one case in which complainant Feliciano is one of the defendants, Atty. Lozada appeared as counsel for her husband and actively Participated in the proceedings of the case before the RTC of Valenzuela City. Thus, complainant filed a disbarment case against Atty. Lozada. According to complainant, the act-of Atty. Lozada in appearing as counsel while still suspended from the practice of law constitutes willful disobedience to the resolutions of the Court which suspended her from the practice of law for two (2) years. In her defense, Atty. Lozada argued that she was forced by circumstances and her desire to defend the rights of her husband who is embroiled in a legal dispute. She claimed that she believed in good faith that her appearance as. wife is not within the prohibition to practice law, considering that she is defending her husband and not a client. Is Atty. Lozada, in appearing as counsel for her husband, acting within the prohibition of practice of law? SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR Operations 1Yes, Atty. Lozada's appearance as counsel for her husband is within the prohibition from the practice of law. Suffice it to say that practice of law embraces “any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience." It includes “[performing] acts which are characteristics of the [legal] profession" or "(rendering any kind of] service [which] requires the use in any degree of legal knowledge or skil. In the instant case, Atty. Lozada's guilt is undisputed. Based on the records, there is no doubt that Atty. Lozada’s actuation in appearing and signing as counsel for and in behalf of her husband, conducting or offering stipulation/admission of facts, conducting direct and cross- ination, all constitute practice of law. Therefore, she was engaged in the unauthorized practice’of law (Feliciano v. Atty. Bautista-Lozada, A.C. No. 7593, March 11, 2015). Is the practice of law a right or a privil The practice of law is not a ve Eaeer caer skgneranaseel Pie eoetS meee and to the natiot takes part emo: 16 State idministration of justice — as an of ye court (In theyMat it les Delingt het Atty. Marcial A. tations Ao. Not 18, ON ES <¥/, COLLEGE OF LAW »¥ However, it becomes @ightjonce a Berson i a ‘idfea¥ons must exist before a lawyer may be prev ascertained and ater due use of the firm name "Oat Why is law a professior Its a profession and not’ justice should be the prima themselves (Burbe v. Matyen Cid in the administration of interests or what they owe tc ‘Good moral character; ‘Resident ofthe Philippines; Atleast 21 years of Age; Gitizen Of The Philippines; “<— Must produce before the SC sat No charges against him, involving Mor Philippines (ROC, RULE 138, Sec. 2); . Sign the Roll of Attorneys and receive frorf the clerk of Gout of the SC a certicate of license to practice; Take the Lawyer's Oath; Must have complied with the Academic requirements: 4. Had pursued and satisfactorily completed in an authorized and recognized university or college which requires for admission the completion of a four (4) year high schoo! course; b. A bachelor's degree in arts or sciences with Political Science, or Logic, of English, or Spanish, or History, or economics as a major or field of concentration: and ©. A four (4) year bachelor's degree in law with completed courses in civil law, commercial law, remedial aw, criminal law, public and private intemational law, poitical law, labor law and social legislation, Medical jurisprudence, taxation and legal ethics (ROC, RULE 138, Secs 5 & 6); 10. Pass the Bar examinations. Can a Filipino citizen who graduated from a foreign law school be admitted to the Philippine Bar Examination? SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONSCa Yes. In Bar Matter No. 1153 dated March 9, 2010, a Filipino citizen who graduated from a foreign law school w admitted to the bar examinations only upon submission to the SC of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or acereditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic progress in a law school duly recognized by the Philippine government (Sec. 5). 8. Is the possession of a Good Moral character reqiilred in order for a lawyer to remain in the practice of law? Yes. This requirement is not only @ condition precedent to admission to the practice of law, but its continued possession is also essential for remaining in the practice of law (In The Matter Of The Disqualification Of Bar Examinee Haron S. Meling In The 2002 Ba fons And For Disciplinary Action As Member Of The Philppine Shari'a Bar, B.M. No. 3 9. Atty. Munes83b¢ be it lost his ivileg ke rhs citi 6 nt Ve If pvton wep See mci and Re-acquisition Ast org yaa pees ey fa ne cath’bf'afieg larch 21, 1966. He the Philippine Consijlate bar in Washi C. USA. Hie filed a petition to resume practice of law in the Philippit pay Be 80th Bar after having complied with-RA 92557 S Sey Yes, Atty. Muneses ‘of another country and later re-acquires his Philp jember of the Philippine Bar. However, the right tq 3235 provides that a person who intends to practice his'p i thority for a license or permit to engage in such pra following requirements cited in the Peton for Leaveto.Ee' ine’may be readmitted dues in the IBP; the continuing legal educatiofy which igs y f licantipetitioner’s knowledge of Philippine laws and u 2 of the lawyer's oath which will not only remind him of his dities F of the Court, but also renew his pledge to maintain allegian Elion to Re -acquire the Privilege to 40. What are the instacas when nondawiGA may append handle cases before jucal or administrative bodies? [ General Rule: Oniy hose who are leensed to pradlice law can appear and handle casas Tp Sour Exceptions: _ Before the MTC ‘ patiy may conduct his case or Wigation in person wih the aid ofan agent or fiend appointed by him (ROC, | | : Rule 138, Sec. 34) Sefore any other court ‘A parly may conduct his Wigation personaly. BUT he gets someone to aid him, that someone must be an authorized member of the Bar (ROC, Rule 138, Sec. 34) In a criminal case before the MTC In a locality where a duly licensed member of the Bar is NOT available, the judge may appoint a non-lawyer who SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS. 3TET aE is: a. A resident of that province; ' b. Of good repute for probity and abil to defend the accused (ROC, Rule 116, Sec.7). Student Practice Rule A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law schoo!’s clinical legal . education program approved by the SC - may appear, without compensation, in any civil, criminal. or administrative case before any trial cour, tbunal, board. | 1C, Rule 138-A, Sec. 1), rect supervision and ly accredit the law 2973 ne RTC nd who A peas in an inferior ddut (ROC, Rule fsa OF LAW ny Before the NLRE 8 Ro ‘any Labor : rae gstablishmest, who % dhlyaogjeditedémber of any legal aid Proceedings bofore the Small Glaimac. Court 1pear in behalf of or represent a party | atthe Fearing iearingnuhless the attorney is the plaintiff or eendant (Rule of Procedtire for Small Claims Cases," Sec. 17) | 11. Cruz filed before the MeTC a formal Entry of Appearance, as private prosecutor, in a Criminal Case for Grave Threats, where his father is the complaining witness. The petitioner, describing himself as a third year law student, justifies his appearance as private prosecutor based on Section 34 of Rule 138 of the Rules of Court and the ruling of the Court En Banc in Cantimbuhan v. Judge Cruz, Jr. that a non-lawyer may appear before the inferior courts as an agent or friend of a party litigant. The Cruz furthermore avers that his appearance was with the prior conformity of the public prosecutor and a written authority of his father appointing him to be his agent in the prosecution of the said criminal case. May Cruz, a law student, appear before the MeTC as private prosecutor? Yes, Cruz, a law student, may appear before the MeTC ae private prosecutor. Rule 198-A of the Rules of San BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONSCORE Court prohibits a law student from entering his appearance without the supervision of an attorney duly accredited by the law school. However, the rule Is different if the law student appears before an inferior court, where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer. Section 34, Rule 138 provides in the Court of a municipality a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attomey and his appearance must be either personal or by a duly authorized member of the bar. ‘Thus, Cruz may appear before an inferior court as an agent oF friend of a party without the supervision of a ‘member of the bar (Cruz v. Mina, G.R. No. 154207, April 27, 2007). General Ru appoinimet Or election of an atiomey to a gover a practice Sha Ni BEDA }-Publié ‘Sridiais wie tions to Practice ‘Judges and other gf N je House of the superior court 1806, A vt. VI, Sec. 14); 35), x | . 2. Officials and empio) Solicitor General’ 39); -réceiving pension from @107Sec. 1); and I ployees (whose duty | | 3. Government Pro: etime to be at the | 4. Governors, city and Hyer \ o¥ergmept), provided he can 5. Ombydsman and hig deri as n permuitfom the head of the 6. Chairmen and mei es f hath (Revised Civil Service. - | Constitutional Cor and ade IX, Sec. 2); fattémey cannot, after 7. Givil service officers’® Wa i service, accept engagement ‘duties require them to, fnection with any matter in inthe said ° | 8. President, Vice-Presidentftn Cabinet, their deputies and assistant > (CONSTI, Art. Vi, Seo. 13); 9. Those who, by Special law, are prohibitéd~ | from engaging in the practice of their legal | profession, but if so authorized by the department head, he may, in an isolated | case, act as counsel for a relative or iose | family friend (AGPALO, Legal and Jucicial Ethics (2009), pp. 412. May misconduct in office as public official be a ground for disciplinary action? Yes. Misconduct in office-as public otficial may be a ground for disciplinary action. in Gozales-Austria, v- Abaya (176 SCRA 634), the Supreme Court held that ifthe lawyer's misconduct in the discharge of his official duties as government offical is of such a character as to affect his qualification as a lawyer or to show moral delinquency, he may be disciplined as a member of the Bar on such ground (PINEDA, supra at 103). SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED Bar OpeRATIONs 5RTE Tay 13. During her tenure as the OIC of Legal Services in the Commission on Higher Education (CHED), Atty. Dasig demanded from several persons having official business before her office sums of money in consideration of her favorable action on their pending applications for correction of names. May Atty. Dasig be disciplined by the SC for her malfeasance considering that her position, at the tie of the filing of the compliant, was Chief Education Program Specialist, Standards Development Division, Office of Programs and Standards of the CHED? Yes, Atty. Dasig may be disciplined by the SC. The CPR also applies to lawyers in government service in discharge of their official functions (CPR, Canon 6). Although a lawyer who holds a government office may ot be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government Official, if said misconduct as @ government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by the SC as a member of lere, Atty. Dasig, on various occasions during her tenure as OIC, Legal Services, saitehapted te exert Weimseveral persons sums of money as ornaraton re misconduct as Bar, for-as a la sums of money as Thus, she may be diseip b ri Chae a Bf cualiicalon gerd member of the her ought to have Jcoown thet i ly unatftal and ilési-for her to demand jon forthe SHASANG spb Lona equate tse setorty eos fed byaReSt(ChED Ay: CBRE BONE Peabo 17, 2008). VERSO SS ¢ Sy Sy R 414, Whatis the significa e By sweat Fhe mio of tow a an indispensable instrument b Vitaf function of democracy, a failure of which is disastré fof. 283 SCRA 407). The lawyer's oath is not, weigh his actions accord) Argosino, B.M. No. 712, State the Lawyer's Oath Ira of to solani Og at ‘support its Constitution and gbeythe. public of the Philippines; | will 1e duly constituted authorities (Please note that in the bar examinations, indicating one’s name or any other name in the lawyer's oath would) ‘be considered as markings.) 15. What are tho four-fold duties of a lawyer? The four-fold duties of a lawyer are the following: (PC-BC) 1. To the Public ~ Lawyers should not violate his responsibility to society, exemplar for uprighteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the Solution of special problems and be always ready to lend assistance in the study and solution of social problems; . 2. To the Courts — Lawyers should respect or defend the court against criticisms, uphold authority and dignity, obey its orders and procosses, assist in the administration of justice; 3. To the Bar — Lawyers should observe candor, faimess, courtesy and truthfulness, avold encroachment in ‘SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONSthe business of other lawyers, uphold the honor of the profession: and 4, To the Client ~ Lawyers should have entire devotion to client's interest (Canfelang v. Medina, G.R. Nos. L- 50752-50830, July 13, 1979). 16, Enumerate the duties of a lawyer under Rule 138, Sec. 20, Rules of Court (C*A*R’E"D).. 4. To Counsel and maintain only such actions or proceedings which appear to him to be just, and only such defenses which he believes to be honestly debatable under the law; 2. To maintain inviolate the Confidence, and at every peril to himself, to preserve the secrets in connection with his client, and to accept no compensation in connection with his client's business except from the client or with his client's knowiedge and approval; 3. To maintain Allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 4, To Abstain from all offensive a party or witness, unless prejudicial to the honor and reputation of uhich he is charged: 8. Toot ind mainta Fe ie judcial officers: 6. Never Reel for any consist inset tee the defe or oppressed; 7. To Emploft0r thé purpose of maintaining the eauses.confided to him, only such is which are consistent wtih and honcr, a Abd isleatHtne judge or anyijyceal officer by an artifice or falso statement offact oftawry Fy ES Ee : a. Nott greourage te eiénbanaor we Sorinbar man’s cause, forafiy cotuptmotive-orint “ 9. To Defend a pe as to the guilt : may be deprived'offife or life Accused of cringe, by all d, to present ever Ww 17. Define the following:tet ring his act or omission within ‘the Books of Accounts of Aity, presence of evil i ‘the terms of this Raquel Kho, A.M. Z, b. Dishonest Act — t, deceive, or defraud; deceive c. Immoral or Deceitfa | or shameless, and which shows a moral indifference tt etinerfibers of the community. (Arciga v. Maniwang, A.M. No. 76 pitude (AGPALO, Ethics, supra at 72) d. Gross immorality — A coh ‘as 10 constitute a criminal. act or so Uunprincipled. of disgraceful as January 29, 1978). 18. Differentiate Moral Character and Godd Reputation.) Moral character is the objective reality of what a person really is, while good reputation is the opinion of the Pubic generally entertained of a person or the eetimate in which he ts held by the public where he fs Known {Royong v. Oblona, A.C. No. 376, April 30, 1963) 19. Cite two (2) specific Rules in the Code of Professional Responsibility, violations of which would subject a lawyer to disciplinary action by the Supreme Court although 'the acts complained of are purely personal or private activities that do not involve the practice of law: a. Rule 1.01 ~ A lawyer shall not engage in unlawul, dishonest, immoral and deceitful conduct. b. Rule 7.03 — A lawyer shall not engage in conduct that adversely reflects on hs fitness to practice law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. SAN BEDA COLLEGE OF LAW (2016 CENTRALIZED BAR OPERATIONS20. Sanchez extended a loan to respondent Atty. Torres on the promise that the latter will pay the same after one month, To bolster complainant's trust and confidence, respondent issued two checks in the amount equal to the amount loaned. After one month, Atty. Torres failed to pay. Thereafter, he assured Sanchez that the checks could be deposited again and that they will be honored upon Presentment for payment. However, said checks were returned due to “Account Closed.” Despite repeated demands, Atty. Torres failed to pay the obligation. As such, complainant filed a complaint against respondent. Was respondent guilty of gross misconduct? Yes, Atty. Torres is guilty of willful dishonesty amounting to gross misconduct. In Barrientos v. Atty. Libiran- ‘Meteora, the SC ruled that deliberate failure to pay just debts and the issuance of worthless checks constitute gross misconduct for which lawyers may be sanctioned with suspension from the practice of law. Here, Atty. Torres failed to pay the loan which he contracted from complainant and, worse, he issued unfunded checks Hence, Atty. Torres is guilty of gross misconduct (Sanchez vs Atty. Torres, M.D., A.C. No. 10240, November 28, 2014). P " 24. Atty. Celera mi On the basis of alleged that Att BaMSML net At, fmarsiage, while his first ig ebbatomber of the COLLEGE OE LAW. > Zedldggntt ly Cold Heapal Aly Cela Abr while his rst mariage sijais constituted grasp machendaeine CPR engage in unlawful, ist ‘oral or deceitful deplorabie lack of that of njorality required demanding . Ms. Bunagan still subsists, the disbarment s¢ting a second marriage 5S that a lawyer shall not tty. Celera exhibited a By making a mockery of Abe disbarred (Bunagan- 83 its Legal and Claims ases and medical-related Several occasions, CF inc, However, instead of in an unauthorized bank than that drawn by the seovgred this modus operancl, nya TBP. Did the respondent Sod stl nt engage tev, fon constitute dishonesty, abuse of cont interests which ho is duty- SC. Torres, AC No, 10438 September claims fled by seafarers issued checks upon req giving the checks to the complainant using chect CF nes tes an aan Violate the Code ot raceme Yes, X violated the CPR. Parfula trust and confidence reposed in ti bound to protect (CF Sharp Crew 23, 2014), 23, Define the following terms: ‘SS . 1. Maintenance ~ itis the intermieddling of an interested party to ericourage a lawsuit. It isa taking in hand, a Bearing up or upholding of quarrels or sides, to the cisturbance of the common right,(FUNA, supra at 45). 2. Barratry ~ It is the offense of frequently exciting and stiring up quarrels and suits, either at law or otherwise (Black's Law Dictionary). The person who engages in barratry is called a barretor or barrater 3. Ambulance Chasing ~ itis a popular name for soliciting negligent cases for an attorney. itis descriptive of the practice of some attomeys, on hearing of a: personal injury which may have been caused by the negligence or wrongful act of another, of at once seeking out the injured person with a view to securing authority to bring action on account of the injury (FUNA, supra at 55). 24, May the Solicitor General be disqualified from appearing from one government agency if in so doing his representation run against the interest of another government agency? No. The Solicitor General is the lawyer of the government, ts agencies and instrumentalities, and its officials SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS25. 26. 27. 28. 30. .. What is the most worthy and effecti or agents. When confronted with a situation where one government office takes an adverse position against another government agency, the Solicitor General should not refrain from performing his duty as the lawyer of the govémnment. It is incumbent upon him to.present to the court what he considers would legally uphold the best interest of the government although it may run counter to a client's position. In such instance, the goverment office adversely affected by the position taken by the Solicitor General, if it still bolieves in the merit ofits case, may appear in its own behalf through its legal personnel or representative (Orbos v. CSC, GR. No, 92561, September 12, 1990). What is the “Revolving Door Doctrine”? itis dn area of concem in the United States involving ethical considerations applicable to former government lawyers. It is the process by which lawyers temporarily enter government service from private life then leave it for large fees in private practice, where they can exploit information, contacts, and influence gamered jin government service. To address this, former government lawyer who has entered private practice may be sous “ilerestconfict" or "congruentinterest How is disqualifigation sought by li : ( In the “adverseslbrést,conflict,” a fol mh ‘enjoined from iting a client in private practice If the lated ola matet thal tye,'avyér dealt ih while employed by the government and i ea) frente rte citnie he Saverteviemust be observe tht the *adverse-interest i = genétally-disqualified from accepting employment in a. Sub rofl and the present client are Sandiganbayan, G.R. Nos. How is disqualific In "congruent-inter bevause it prohibits t government client and-t unlike the "adverse-inte Nos. 151809-12, Api interest representation confi (PCGG v. Sandiganbayan, GR. 55 on the procedure to liquidate ich’ later on ‘became Allied Bank al Heapint Lucio Tan and Allied Bank, for. Contrabank ane for atively intervening in the I ified from accepting employment in connection with any mat Government office under Rule 6.03 of the Code of Professional Rs i feadverse-interest and congruent-interest aspects? LF No, Atty. Mendoza is not disqualified. intetverition Rule 6.03 means the act of a person who-has the power fo influence the subject proceédings oy in whichsBiad participated personally and substantially asa public officer. Here, the mere giving of advice on the procedure for liquidation does not come under the term. matter and cannot disqualify Atty. Mendoza. The subject matter of the case for liquidation is different from the ‘sequestration of stocks involved in the PCGG cases. Hence, Atty. Mendoza may intervene in the said.case (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2008). Atty. Julia Mendoza, GenBank and she fil controlled by Lucio Te moved to disqualify A \dvertisemiont possible for a lawyer's legal services? 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 an outcome of character and conduct (Director of Religious Affairs v. Bayot, A.C. No. L-1117, March 20, 1944). Petitioner X- prays to the Court "to order the respondent to cease and desist from issuing advertisements similar to. or of the same tonor as that of annex “A” and to. perpetually prohibit ements pertaining to the exercise of the law profession other ‘SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONSthan those allowed by law." The advertisement complained of is as follows: 4 Annex A. ‘SECRET MARRIAGE? 560.00 for a valid marriage. Info on DIVORCE. ABSENCE. . ANNULMENT. VISA. THE Please call: 521-0767 LEGAL 5217232, 6222041 CLINIC, INC. 8:30 am—-6:00 pm 7-Fr, Should the Cor Yes. The standard ton S Bisement of his talents. -A lawyer ‘cannot, without ‘ alent or nner similar to a ‘merchant advertising hig he citation of legal business résts-on the? is. gh-Thus, in Director of Religious Affairs vs. ES ease Was held to constitute improper advertisin he should ition Yofenjdin the issuance of the advertisement, 31. Is the continued use ofthe i im name upon his death (02 (FUNA, supra at 66). @jbitbe name, the name of the ef is an indication that said due to its tendency to ex} Thus, if a partner has di deceased may still be u: tid Roll of Attorneys? }2,0ne inscribed in the Roll of Fthose authorized to practice 8 May a iawyer use in his pr No. In his practice of law, @ Attomeys, which is the officiate law (Pangan v. Ramos, A.CnNai mM practicing law under the spondents, aside from being rero & Torres, are members or @ law under the name of a foreign aanoehie of Sake 2 ea faw frm? > ipino lawyers cannot practice law ui eot.a Toreign law firm. Under the Rules of Court, an alien law fir cannot practes law in he fer riment. Hence, Baker & McKenzie being not autherized to practice law in the count makee'lt Ie wrath for Filpino lawyers practice law under ts name (Dacanay v. Baker & McKenzie, AC. he 2131, May 10, 1985). LAWYER'S DUTY TO THE LEGAL PROFESSION INTEGRATED BAR OF THE PHILIPPINES (RULE 139-A) 34. What are the objectives of the IBP? (SAP) 1. To elevate the Standards of the legal profession; . 2. To improve the Administration of justice; and ‘SAN BEDA COLLEGE OF LAW 102016 CenrRauizeo BaR OPERATIONSURES 3, To enable the Bar to discharge its Public responsibilities more effectively (IBP By-Laws, Art. I, Sec. 2). 35. What is the Nature of the IBP? The Integrated Bar is strictly non-politcal and every activity tending to impair this basic feature is strictly prohibited and’ shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial or prosecutor office in the government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the IBP or any chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto to have resigned from his position as of the moment he files his certificate of candidacy for any clective public office, or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof (/BP By-Laws, Art. 1, Sec. 4) qe 36. Does membarghip to the IBP ¥ sssociation? 4 Compulsor Dership to théSlBP” does not violate a la zi integration does not make a lawyer einer of any gro ahi ‘a member. He,bdeaine’a member of the bar when he pans on t Integration? attually does is ae iVide an official national Bar Examinations : ‘organization for tho Well-dofindd But Uncigahized:and ipohésiyés tgp of whi | d-anid jr r-évery lawyer is already a member (ln Ro: Ediloh, A.M. No."1928, August 3, 1978, oe S's . 37. What is the offect of failure poy thé annual Dean nthe saymons} anva bea f| warrant suspension of his membership in the IBP ind defaultin such paymt shal ‘ground for the removal of his. name from the Roll oF Aorneys (ROC, Rul 5 ae 38. Atty. Arevalo sought exemption from paymer unpaid accountability for the Bar in 1961, he became pait of and worked in, the USA iri Decea cannot be assessedIBP.dues fc the Civil Service law'pi neither can he be asses ‘exemption from paymeii when he was in the Ci No, Atty. Arevalo is not e the purpose of a tax is rove} may impose a membership fe outweighs the slight inconveniéhoe’t Here, payment of dues is a necess&ry’co bership in the IBP, of which no one is exempt. This means that the compulsory nature of payment of-dies subsists for as long'as one's membership in the IBP reinains regardless of the lack of practice of, or the type of practice, the member is engaged in. Hence, Atty. Arevalo should pay the amounts due him (Letter Of Ally. Cecilio ¥. Arevalo, Jr., Requesting Exemption From Payment Of IBP Dues, B.M. No. 1370, May 9, 2005) N the’ainount of P12,036.00 as alleged sd.that aftér-boing admitted to the Philipp froth July4962 until 1986, then migrated to, in thelyéat’2003. He maintained that he Philippine Givil Service since iilé in government service, and ‘USA. Is Atty. Arevalo entitled to in the practice of law that is, ibroad from 1986-20037 is an exaction for regulation, while Wet to regulate the Bar, it follows that it st-pfomoted by the integration of the Bar far 39. May a lawyer be disciplined for transgressions commitied in his professional or private capacity? Yes. A lawyer may be disciplined for hs transgressions both in his professional and private capacity. There Is no distinction as to whether the transgression is committed in the lawyer's professional capacity or in his Private life or in his private transaction because a lawyer may not divide his personality so as to be an attomey at one time and a mere citizen at another (FUNA, supra at 29). 40. Presbitero hired Atty. Solidum as counsel to follow up the release of the payment and to collect rentals from occupants of his property. Meanwhile, Atty: Solidum obtained loans not only from Presbitero but also from Navarro as evidenced by separate Memoranda of Agrooment (MGAs) he drafted. To secure the loans, he undertook to pay interest at the rate of 10% per month, executed real SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS 114. 46. 2 . Is there a distinction hetween “ inter gager and! drew post-dated checks drawn from his son's account. Atty. Solidum was able to pay Interest for the first few mont sequent interests and principal. Complainants G43 case for respondent's disbarment before the IBP-CBD. May Atty. Solidum be iecipiine we onesty. probity, and good demeanor, or whether it renders him unworihy to continue se on cafes of the cour fete, respondent is, guilty of engaging in dishonest and deceitful conduct, both in fs professional Abe etn ‘esPect to his lent, Presbtero, and in his private capacity with respect lo complainers Navarro, ty, Solldum drafted the MOAs knowing thatthe interest rates were exorbitant, Later, using his knowledge of {he tau he assailed the valty ofthe same MOAs he prepared, He issued checks thet wo aren his ‘son's account whose name was sit plainants. Hence, respondent may be disciplined for acts committed both lavarro v. Atty. Solidum, Jr., A.C. No. 9872, i eS Does the entry o' ince of a sec iny oval 2 peer ere ey pa ae the authority of the first layijer hi INSURE zap Moms, Gay Fez, Ave 1800) ‘On matter of a new coin must be made: a) upon written application; b) of the attorney to be substituted; and d) proof of notice that the Define the following tera 1. Unauthorized Practie: ; pretends to be one and erforms.acts which 2. Shyster — As used iq Be non- tbe’ lawyer (FUNA, supra at 120). SS S j Who may practice law in Yh ZT Persons duly admitted as Practice law (ROC, Rule 13 the signing of the Roll of not engage in the practice of Tefae heres a distinction between ‘practicing lawyer" and “tial lawyer. A “practicing lawyer’ is one engaged LAWYER'S DUTY TO THE COURTS ‘To whom does a lawyer owe his first and foremost duty? ra anzers owe thelr entre devotion tothe interest of ther cients and zeal in the defense oftheir clients’ (erat nau not forget that they are st and foremost, officers of the cour, bound to exert svery ctf Sopcelst in the speedy and efficent administration of justice (Suzuki vs. Tlamson, AG No Gea on September 2005). ‘SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS i 4iT ERTS TE 47, What is the reason for the provision of candor and fairness in the CPR? The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined (Munoz v. People, G.R. No. L-33672, September 28, 1973) 48, Antero J. Pobre (Pobre) filed a disbarment complaint against Senator Miriam Defensor-Santiago (Defensor-Santiago), on the ground of her following statement on the Senate floor: “ox Lam not angry: | am irate. | am foaming in the mouth. I am homicidal. | am suicidal. | am humiliated, debased, degraded. And | am not only that, | feei like throwing up to be living my middle years in a country of this nature. | am nauseated. io Panganiban and his cohorts in the SC, | am no longer interest of hie i Jf | was to be surrounded by idiots,1 would rather rn Defonsor-Santisgeexpjained that those statements, which she made h her priv peech to bring out les) in_ governanck-swktn al view [tol fie remedial were covered by Counc (186) bolted tonto upset rhe povon Sree alate would be considered. ~~: 4. Did Defensor-Santiags 2. Cai she be administrat Yes, Defensor-Santi plate he Mail Psbrve candor before the cours. er ienguage in their professional Canon 8 of the CPR. dealings. Canon 11 a Further, the Rules of ‘Senator from using, : Ber iandilagé against another Senator cr a public institution. In " in ger and frustration for not being ion 11 of the Constitution, Senators ‘or debate in the Congress or in any (GF of the Constitution empowers the SC to promulgate rues regarding the Integrated B¢ P assaults that poliics and selfinterest rfay‘level againstjband to: enforce rigid ethical standards (Pobro vs. Sen. Defensor-Santiago, A.C. 7399; August 25, 2009) 49, What is forum shopping and who must sign the certification against forum shopping? There is forum shopping when as a result of an adverse opinion in one forum, a party seeks a favorable pinion in another or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or other court would make a favorable disposition (Chemphil Export & Import Corp. v. Laron, G.R. Nos. 112438-39, December 12, 1995). ‘As a general rule, a certification against forum shopping must be signed by the client and not by counsel Otherwise, itis equivalent to non-compliance with the Rules of Court and is defective. The exception would be in cases when the counsel attests in the certification that he has personal knowledge of the facts stated and gives justifable reasons why the party himself cannot sign the same (Ortiz v. CA. G.R. No. 127393, December 4, 1998). SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS 13