CODE OF PROFESSIONAL RESPONSIBILITY

(Promulgated June 21, 1988)

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.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

A lawyer has the duty to uphold the integrity and dignity of the legal profession at
all times and to faithfully perform her duties to society, to the bar, to the courts
and to her clients.(Santeco vs Avance,2003)

Lawyers are expected to maintain at all times a high standard of legal

proficiency, morality, honesty, integrity and fair dealing, and must perform their
four-fold duty to society, the legal profession, the courts and their clients, in
accordance with the values and norms embodied in the Code. (Timbokon vs.
Mariano)

Any act or omission that is contrary to, or prohibited or unauthorized by, or in

defiance of, disobedient to, or disregards the law is "unlawful." "Unlawful"
conduct does not necessarily imply the element of criminality although the
concept is broad enough to include such element. (Jimenez vs Francisco,2014)

A lawyers responsibility under Canon 1 mean more than just staying out of
trouble with the law. The least a lawyer can do in compliance with Canon
1 is to refrain from engaging in unlawful conduct. (Re: Financial Audit of
Atty. Kho, 2007)

To be "dishonest" means the disposition to lie, cheat, deceive, defraud or betray;

be unworthy; lacking in integrity, honesty, probity, integrity in principle, fairness
and straight forwardness while conduct that is "deceitful" means the proclivity for
fraudulent and deceptive misrepresentation, artifice or device that is used upon
another who is ignorant of the true facts, to the prejudice and damage of the
party imposed upon. (Jimenez vs Francisco,supra)

Act of having carnal knowledge of a woman other than his wife manifests
his disrespect for the laws on the sanctity of marriage and his own marital
vow of fidelity. Moreover, the fact that he procured the act by enticing a
very young woman with money showed his utmost moral depravity and
 low regard for the dignity of the human person and the ethics of his
profession.(Ventura vs Samson)

The Supreme Court held that the moral delinquency that affects the
fitness of a member of the bar to continue as such includes conduct that
outrages the generally accepted moral standards of the community,
conduct for instance, which makes a mockery of the inviolable social
institution of marriage. (Cordova vs. Cordova)

Moral turpitude is an act of baseness, vileness, or the depravity in private and

social duties which man owes to his fellow man, or to society in general, contrary
to the accepted and customary rule of right and duty between man and man. xxx
Act or behavior that gravely violates moral sentiment or accepted moral
standards of community and is a morally culpable quality held to be present in
some criminal offenses as distinguished from others. xxx The quality of a crime
involving grave infringement of the moral sentiment of the community as
distinguished from statutory mala prohibita.(Teves vs COMELEC, 2009)
Jurisprudence has categorized the following acts as crimes involving moral
turpitude: abduction with consent, bigamy, concubinage, smuggling, rape,
attempted bribery, profiteering, robbery, murder, estafa, theft, illicit sexual
relations with a fellow worker, violation of Batas Pambansa Blg. 22, intriguing
against honor, violation of the Anti-Fencing Law, violation of the Dangerous
Drugs Act, perjury, forgery, direct bribery, frustrated homicide, adultery, arson,
evasion of income tax, barratry, blackmail, bribery, duelling, embezzlement,
extortion, forgery, libel, making fraudulent proof of loss on insurance contract,
mutilation of public records, fabrication of evidence, offenses against pension
laws, perjury, seduction under the promise of marriage, estafa, falsification of
public document, and estafa thru falsification of public document. (OCA vs
Judge Ruiz, 2016)

Related Provision: Rule 138 of Rules of Court

Section 2. Requirements for all applicants for admission to the bar. — Every
applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against
him, involving moral turpitude, have been filed or are pending in any court in the
Philippines.
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.

NOTE: Duty not to counsel of abet defiance of the law or the Legal System.
It is not enough that the lawyer himself upholds the Constitution, follows the laws
and upholds the Rule of Law. In addition, the lawyer himself is mandated not to
counsel other people or abet the activities of other people which defy the law or
denigrate the legal system. The lawyer is called upon to take another step further
in promoting respect for the laws and the Rule of Law. If he counsels another to
defy the law, he shall be held to account under this Rule. (Funa, 2009)

Lawyers are instruments for the administration of justice and vanguards of our
legal system. They are expected to maintain not only legal proficiency, but also a
high standard of morality, honesty, integrity and fair dealing so that the peoples
faith and confidence in the judicial system is ensured. They must, at all times,
faithfully perform their duties to society, to the bar, the courts and to their clients,
which include prompt payment of financial obligations. They must conduct
themselves in a manner that reflects the values and norms of the legal
profession as embodied in the Code of Professional Responsibility. (Huyssen vs
Gutierrez,2010)

A lawyer should no render any service or give advice to any client, which will
involve defiance of the laws, which he is bound to uphold and obey. A lawyer
who assist a client in a dishonest scheme or who connives in violating the law
commits an act, which justifies disciplinary action against the lawyer. (Donton vs
Tansingco,2006)

Members of the Bar are reminded, therefore, that their first duty is to comply with
the rules of procedure, rather than to seek exceptions as loopholes. A lawyer
who assists a client in a dishonest scheme or who connives in violating the law
commits an act that warrants disciplinary action against him or her. (Ortigas
Plaza Dev't Corp. vs. Tumulak, 2017)