Legal Ethics Intro

I.
LEGAL ETHICS
A. Practice Of Law
1. Concepts
a. Definition of Practice of Law
Practice of Law 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 give
notice or render any kind of service, which or devise or service requires the use in any degree of
legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
b. Practice of Law Is A Privilege Not A Right
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. (In Re: Argosino, 1997).
It is a privilege accorded only to those who measure up to certain rigid standards
of mental and moral fitness. Those standards are neither dispensed with nor lowered after
admission.
c. Law as a profession, not a business or trade
Lawyering is not a business; it is a profession in which duty to public service, not money,
is the primary consideration. [Burbe vs Magulta, (2002)]
Primary Characteristics distinguishing the Legal Profession from Business:
1) duty of public service, emolument is a by-product
2) A relation as officer of the court to the administration of justice involving
thorough sincerity, integrity, and reliability.
3) Relation to the client in the highest degree fiduciary.
4) 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 with their clients.
2. Qualifications for admission to the bar (GRACE-BOR)

Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar or
hereafter admitted as such in accordance with the provisions of this rule and who is in good
and regular standing is entitled to practice law.
Requisites:
1) Citizenship
2) Residence
3) Age (above 21 y/o)
4) Good Moral Character and no charges involving moral turpitude
5) Legal Education (pre-law, law proper)
*Law Proper (4 yrs.) The applicant must have completed the following courses:
(1) Civil Law, (2) Commercial Law, (3) Remedial Law, (4) Public International
Law, (5) Private International Law, (6) Political Law, (7) Labor and Social Legislation,
(8) Medical Jurisprudence, (9) Taxation, (10) Legal Ethics
6) Bar Examinations
7) Lawyers Oath
8) Signed the Roll of attorneys
*Graduates of foreign law schools are allowed to take the bar examinations provided
they show the following: (CRC)
1) Completion of all courses leading to the degree of Bachelor of Laws or its equivalent
degree
2) Recognition or accreditation of the law school by the proper authority
3) Completion of all the fourth year subjects in a law school duly recognized by
the Philippine Government [SC Bar Matter 1153: Re: Letter of Atty. Estelito
Mendoza (2010)]
Requirement of Good Moral Character

continuing requirement good moral character is not only a condition precedent
for admission to the legal profession, but it must also remain intact in order to maintain
ones good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
Good moral character is what a person really is, as distinguished from good
reputation or from the opinion generally entertained of him, the estimate in which
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he is held by the public in the place where he is known. [In the matter of Haron S. Meling,
(2004)]
3. Appearance of non-lawyers
a. Law student practice rule
Requisites:
1) has successfully completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law schools clinical legal education
program approved by the SC may appear
2) without compensation in any civil, criminal or administrative case before any
trial court, tribunal, board or officer,
3) to represent indigent clients accepted by the Legal Clinic of the school. [Sec. 1,
Rule 138-A]
4) The student shall be under the direct supervision and control of a member of the IBP
duly accredited by the law school. [Sec. 2]
*A law student may appear before an inferior court as an agent or friend

of a party without the supervision of a member of the bar. [Cruz v. Mina (2007)]
b. Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: a party in a civil suit may conduct his litigation either personally or
with the aid of an attorney unless the party is a juridical person. (Sec. 34, Rule 138, RRC)
2. 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 is:
1) resident of the province; and,
2) of good repute for probity and ability to aid the accused in his defense (Rule 116,
Sec. 7, RRC).
c. Non-lawyers in administrative tribunals
Appearance of non-lawyers in administrative tribunals (e.g. NLRC, cadastral court) is
allowed but only if they:
1) Represent themselves,
2) Represent their organization or its members.
3)
Three Limitations in the appearance of a layman on behalf of another:
1) Layman should confine his work to non-adversary contentions. Should not undertake purely
legal work such as examination of witnesses or presentation of evidence.
2) Services should not be habitually rendered.
3) Should not charge or collect attorneys fees
d. Proceedings where lawyers are prohibited from appearing as counsels (S-K)

1) Small Claims Cases (Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec.
17)
2) Katarungang Pambarangay (RA 7160, Sec. 415.)
4. Sanctions for practice or appearance without authority

a. Lawyers without authority
b. Persons who are not lawyers
c. REMEDIES AGAINST UNAUTHORIZED PRACTICE (DIRE-C)
(1) Petition for Injunction
(2) Declaratory Relief
(3) Contempt of Court
(4) Disqualification and complaints for disbarment
(5) Criminal complaint for estafa against the person who falsely represented himself as a
lawyer to the damage of another
5. Public officials and the practice of law

a. Prohibition or disqualification of former government attorneys
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.(Rule 6.03,CANON 6)
b. Public Officials Who Cannot Practice Law Or With Restrictions
Absolute Prohibition (GG-OJ-PCOS)
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(1) Judges and other officials as SC employees [Rule 148, Sec. 35]
(2) OSG officials and employees
(3) Govt. Prosecutors [People v. Villanueva]
(4) Pres., VP, cabinet members, their deputies and assistants, [Const., Art. VIII Sec. 15]
(5) Constitutional Commissions Chairmen and Members [Const. Art. IX-A, Sec. 2]
(6) Ombudsman and his deputies [Const., Art. IX, Sec. 8, par. 2]
(7) All governors, city and municipal mayors [R.A. No. 7160, Sec. 90]
(8) Those who, by special law, are prohibited from engaging in the practice of their legal
profession
Relative Prohibition (SeSa)

(1) Senators and House of Representatives members (prohibition to appear) [Const. Art VI,
Sec. 14]
(2) Sanggunian Members [RA No. 7160, Sec. 91]
Special Restrictions
A retired justice or judge receiving a pension from the Government cannot act
as counsel in any civil case in which the Government or any of its subdivision or agencies
is the adverse party or in a criminal case wherein an officer or employee of the Government
is accused of an offense in relation to his office. [R.A. No. 910]
6. Lawyers who are authorized to represent government

Any person appointed to appear for the Government of the Philippines shall be allowed to
appear in court, subject to pertinent laws.
Solicitor General, Assistant Solicitor General, Solicitors and Trial Attorneys, State
Prosecutors, Special Counsel, Special Prosecutor of the Ombudsman
7. Lawyers oath
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 willingly nor wittingly promote or sue any groundless, false or unlawful suit, or 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 court as to my clients;
And I impose upon myself this voluntary obligations without any mental reservation or purpose
of evasion. So help me God.
Nature of Lawyers Oath

The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be
upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times
weigh his actions according to the sworn promises he made when taking the lawyers oath. (In Re:
Argosino, 1997, In Re: Arthur M. Cuevas, 1998).

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I.

2. Qualifications for admission to the bar (GRACE-BOR)

Requirement of Good Moral Character

*A law student may appear before an inferior court as an agent or friend

d. Proceedings where lawyers are prohibited from appearing as counsels (S-K)

4. Sanctions for practice or appearance without authority

5. Public officials and the practice of law

Relative Prohibition (SeSa)

6. Lawyers who are authorized to represent government

Nature of Lawyers Oath

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