Definition and Terms: Counseling Arbitration
Definition and Terms: Counseling Arbitration
Definition and Terms: Counseling Arbitration
DEFINITION AND TERMS
Arbitration
Counseling It is the process of extra judicial settlement
It is the art of giving advice and of controversies in the administrative level
information on a particular problem or before an arbitrator thru the voluntary will
hypothesis including the adoption of a of the parties arising from the violation of
course of action to be taken for the law, administrative rule or regulation.
solution thereof.
Conciliation
Legal Counseling It is the extra judicial process of settling
It is the art of giving advice and disputes thru the voluntary submission of
information concerning the solution of a the parties before the Barangay Lupon or
legal problem arising from a given state of other administrative body or agency,
facts and the adoption of appropriate usually arriving at a compromise
reliefs or remedies under the law for the agreement which serves as basis of a court
satisfaction and enforcement of a legal judgment or as a condition precedent to
obligation before a judicial or quasi- vest jurisdiction to a court of law.
judicial body.
Compromise Agreement
Court of Justice It is a mutual agreement or understanding
It is a judicial body or tribunal created by usually reduced into writing entered into
law vested with jurisdiction or power to and executed by the party litigants whether
hear and adjudicate litigious conflicts and judicially or extrajudicially which serves as
to award proper reliefs and render basis for a court judgment.
judgments based upon the evidence
presented. LEGAL COUNSELING AS AN ESSENTIAL
COMPONENT OF LAWYERING
Quasi-Judicial Body Every citizen has a constitutional right to gain
It is an administrative body or agency access to courts, but not all citizens of this
belonging to the executive branch of the country are privileged to appear and defend
government vested with jurisdiction to their cause before courts of superior
hear and adjudicate non-litigious cases jurisdiction.
brought before it by disputing parties and
Only those who have been admitted by the
empowered to enforce its judgments and
Supreme Court to the practice of law, after
orders like a court of law and to punish for
finishing a four-year course in a recognized law
contempt. college can only be allowed to appear before
Administrative Body or Agency superior courts and quasi-judicial agencies of
It is an instrumentality of the executive the government. Hence, there is a need of
branch of the government vested by law persons who are skilled in law to represent
with jurisdiction to settle and adjudicate potential litigants in court.
controversy arising from the
interpretation, application and
enforcement of laws or administrative rule
or regulations.
LEGAL COUNSELING By: JRPB
payment for his services. The appearance of
City Attorney Fule as private prosecutor was
IMPORTANCE OF LAWYERS IN SOCIETY questioned by the counsel for the accused,
It has been aptly said that a community cannot invoking the case of Aquino, et al. vs. Blanco,
endure without order and that order cannot be et al, 79 Phil. 647 wherein it was ruled that
attained without laws to govern the conduct of "when an attorney had been appointed to
individuals. But laws can only be interpreted the position of Assistant Provincial Fiscal
by judges, and judges must first be lawyers. or City Fiscal and therein qualified, by
Thus, ultimately, government of laws is in operation of law, he ceased to engage in
effect, a government of lawyers. private law practice." Counsel then argued
that the JP Court in entertaining the
A lawyers’ advice and assistance are sought by appearance of City Attorney Fule in the case is
the wealthy and the poor; strong and the weak, a violation of the above ruling. The JP Court
honest and dishonest; men and women of all however issued an order sustaining the legality
professions and persuasions and every class of of the appearance of City Attorney Fule.
society. Certainly, lawyers are perpetually
engaged in trying to anticipate, prevent, ISSUE: WON City Attorney Fule is engaged in
mediate, settle or win human disagreements the private practice of law.
involving alleged rights recognized at law.
RULING: The Court believes that the isolated
LAW PRACTICE WITOUT LEGAL ETHICS IS appearance of City Attorney Fule did not
QUACKERY constitute private practice, within the
Legal ethics is defined as that branch of moral meaning and contemplation of the Rules. Law
science which treats of the duties which as practice is more than an isolated appearance,
attorney at law owes to his client, to the court, for it consists in frequent or customary action,
to the bar and to the public. a succession of acts of the same kind. In other
A lawyer must perform within and not without words, it is frequent habitual exercise.
the bounds of the law. Practice of law to fall within the
A lawyer must obey his own conscience and prohibition of statute has been
not of his client. interpreted as customarily or habitually
holding one's self out to the public, as a
WHAT IS PRACTICE OF LAW lawyer and demanding payment for such
People Vs. Villanueva (G.R. No. L-19450, services. The appearance as counsel on one
May 27, 1965; 14 SCRA 109) occasion, is not conclusive as determinative of
engagement in the private practice of law. The
FACTS: Simplicio Villanueva was charged with following observation of the Solicitor General
the crime of Malicious Mischief, before the is noteworthy:
Justice of the Peace Court of said municipality.
The complainant in the same case was "Essentially, the word private practice of law
represented by City Attorney Ariston Fule of implies that one must have presented himself to
San Pablo City, having entered his appearance be in the active and continued Practice of the legal
as private-prosecutor, after securing the profession and that his professional services
permission of the Secretary of Justice. The available to the public for a compensation, as a
condition of his appearance as such, was that source of livelihood or in consideration of his said
every time he would appear at the trial of the services."
case, he would be considered on official leave
of absence, and that he would not receive any
LEGAL COUNSELING By: JRPB
CONFESSIONS
Q: Define confession.
A: It is a categorical acknowledgment of guilt
made by an accused of the offense charged or of
any offense necessarily included therein, without
any exculpatory statement or explanation (Sec. 33;
Regalado, Vol. II, p. 764, 2008 ed.).