Professional Documents
Culture Documents
Reviewer
Reviewer
profession
A. Integrated Bar Of The Philippines
1) Organization
The Integrated Bar of the Philippines is the official national body composed of
all persons whose names now appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court. (Section 1, Rule 139-A, Rules of Court)
2) Purposes
3) Non-political Bar
The Integrated Bar shall be strictly non-political, 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
prosecutory office in the Government or any political subdivision or
instrumentality thereof shall be eligible for election of appointment to any
position in the Integrated Bar or any Chapter thereof shall be considered ipso
facto resigned from his position as of the moment he files his certificate of
candidacy for any elective public office or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in the Government or any political
subdivision or instrumentality thereof. (Section 13, Rule 139-A, Ibid.)
4) Positions, honorary
All voluntary Bar associations now existing or which may hereafter be formed
may co-exist with the Integrated Bar but shall not operate at cross-purposes
therewith. (Section 17, Rule 139-A, Ibid.)
3) Grievance procedures
•••••
BAR EXAM QUESTION
Suggested Answer:
Under the Rules of Court, default in the payment of annual dues for six (6)
months shall warrant suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground for the removal of the
name of the delinquent member from the Roll of Attorneys.
•••••
Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activiti
the Integrated Bar.
A lawyer shall at all times uphold the integrity and dignity of the legal
profession. The trust and confidence necessarily reposed by clients requires
in the attorney a high standard and appreciation of his duty to his clients, his
profession, the courts and the public. The bar must maintain a high standard
of legal proficiency as well as of honesty and fair dealing. Generally speaking,
a lawyer can do honor to the legal profession by faithfully performing his
duties to society, to the bar, to the courts and to his clients. To this end,
members of the legal fraternity can do nothing that might tend to lessen in any
degree the confidence of the public in the fidelity, honesty and integrity of the
profession. (Tejada v. Palaña, A.C. No. 7434, 23 August 2007)
Canon 7 emphasize the high standard of honesty and fairness expected of a
lawyer not only in the practice of the legal profession but in his personal
dealings as well. A lawyer must conduct himself with great propriety, and his
behavior should be beyond reproach anywhere and at all times. For, as
officers of the courts and keepers of the public’s faith, they are burdened with
the highest degree of social responsibility and are thus mandated to behave at
all times in a manner consistent with truth and honor. Likewise, the oath that
lawyers swear to impresses upon them the duty of exhibiting the highest
degree of good faith, fairness and candor in their relationships with others.
Thus, lawyers may be disciplined for any conduct, whether in their
professional or in their private capacity, if such conduct renders them unfit to
continue to be officers of the court. (Ong v. Delos Santos, A.C. No. 10179, 04
March 2014)
Rule 7.01: A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
2) Bar passer not allowed to practice law until he signs roll of attorneys
Where a bar passer who had not yet signed the roll of attorneys entered
appearance as counsel, he was denied admission to the Philippine Bar.
(Aguirre v. Rana, B.M. No. 1036, 10 June 2003)
Rule 7.02: A lawyer shall not support the application for admission to the bar of any person known by him to be
unqualified in respect to character, education, or other relevant attribute.
Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he wh
in public or private life, behave in a scandalous manner to the discredit of the legal profession.
That his act involved a private dealing with Ong did not matter. His being a
lawyer invested him – whether he was acting as such or in a non- professional
capacity – with the obligation to exhibit good faith, fairness and candor in his
relationship with others. There is no question that a lawyer could be
disciplined not only for a malpractice in his profession, but also for any
misconduct committed outside of his professional capacity. His being a lawyer
demanded that he conduct himself as a person of the highest moral and
professional integrity and probity in his dealings with others. (Ong v. Delos
Santos, supra.)
•••••
Concio filed a criminal action for medical malpractice against Dr. Cielo which
was eventually dismissed for failure to prove that Dr. Cielo was negligent.
Cancio was represented in this action by Atty. Cogie Ciguerra (Ciguerra).
After they lost the medical malpractice case, Ciguerra started writing a series
of posts on his Facebook (FB) account containing insulting and verbally
abusive language against Dr. Cielo. Among others, Ciguerra called Dr. Cielo a
quack doctor, “reyna ng kaplastikan at kapalpakan”, and accused her of
maintaining a payola or extralegal budget to pay off prosecutors and judges in
order to win her cases. He also called on patients to boycott the clinic of Dr.
Cielo.
Dr. Cielo filed a disbarment case against Ciguerra for posting on his FB
account sexist, vulgar, and obscene comments and language disrespectful of
women. Ciguerra’s defense is that his FB posts were private remarks on his
private FB account and meant only to be shared among his FB friends, and
Dr. Cielo was not part of them. He also claimed that the disbarment case was
filed in violation of his constitutionally-guaranteed right to privacy. The Court,
however, found that Ciguerra did not have privacy settings.
Can Ciguerra be disbarred for the series of posts against Dr. Cielo in his FB
account? (5%)
Suggested Answer:
Yes. Answer
In the case at bar, Atty. Ciguerra admits and does not deny the charge against
him for posting sexist, vulgar, and obscene comments and language
disrespectful of women resulting from his posts against Dr. Cielo. His claim to
privacy is not valid considering he did not use any privacy settings.
Accordingly, his acts is subject to disciplinary action even if it is in his private
capacity or private life. His actions adversely reflects on his fitness to practice
law. Apply
Thus, Atty. Ciguerra can be disbarred for the series of posts against Dr. Cielo
in his FB account. Conclusion
•••••
Hence, aside from a collection case, Worry Bank filed a disbarment case
against Atty. Kirmet. In her comment on the disbarment complaint, Atty.
Kirmet insisted that she did not violate the Code of Professional Responsibility
because her obligation to the bank was personal in nature and had no relation
to her being a lawyer.
Suggested Answer:
No. Answer
In the case at bar, Atty. Kirmet’s inability to pay adversely reflects on his
fitness to practice law, even if this concerns his private life. She may be
disciplined for misconduct regardless of whether it is in a private capacity. Apply
•••••
Canon 8: A lawyer shall conduct himself with courtesy, fairness, and candor towards his professional colleagues, a
shall avoid harassing tactics against opposing counsel.
Rule 8.01: A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
a) Test of relevancy
While a lawyer is entitled to present his case with vigor and courage, such
enthusiasm does not justify the use of offensive and abusive language.
Language abounds with countless possibilities for one to be emphatic but
respectful, convincing but not derogatory, and illuminating but not offensive.
(Gimeno v. Zaide, A.C. No. 10303, 22 April 2015)
On many occasions, the Court has reminded members of the Bar to abstain
from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause
with which he is charged. In keeping with the dignity of the legal profession, a
lawyer’s language even in his pleadings must be dignified. (Saberon v.
Larong, supra.)
A lawyer was held liable for use of offensive and abusive language after he
wrote in his pleading that the complainant was a “notorious extortionist” and,
in another case, he characterized the opposing counsel as follows: “Her
declaration in Public put a shame, DISGRACE, INDIGNITY AND
HUMILIATION in the whole Justice System, and the Department of Justice in
particular, where the taxpayers paid for her salary over her incompetence and
poor performance as a prosecutor…This is a clear manifestation that the
Public prosecutor suffers serious mental incompetence as regard her
mandate as an Assistant City Prosecutor.” (Gimeno v. Zaide, supra.)
Rule 8.02: A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer
however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking re
against unfaithful or neglectful counsel.
1) Encroachment
Where a lawyer, who was not a counsel on record for either party, constantly
checked the transmittal of the records of a Civil Case, it was held that he
deliberately encroached upon the legal functions of the counsel of record of
that case. It does not matter whether he did so in good faith. (Dallong-
Galicinao v. Castro, A.C. No. 6396, 25 October 2005)
Canon 9: A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
2) Oath-Taking
3) Signing of roll of attorneys (Section 17 and 19, Rule 138, Rules of Court)
Where a bar passer took the attorney’s oath in 1980, failed to appear on his
schedule for signing the attorney’s rolls after misplacing his Notice to Sign the
Roll of Attorneys, several years later found the notice and realized that what
he signed at the PICC entrance was probably just an attendance record,
during the entire time he was doing mostly corporate and taxation work
without actively participating in litigation, and in 2005 when required to present
his roll number during a Mandatory Continuing Legal Education (MCLE), he
filed a petition praying to be allowed to sign the roll of attorneys. He was
considered to have engaged in the unauthorized practice of law. While he was
allowed to sign, he was fined and suspended for one (1) year after becoming
a full-fledged lawyer. (Ibid.)
The lawyer’s duty to prevent, or at the very least not to assist in, the
unauthorized practice of law is founded on public interest and policy. Public
policy requires that the practice of law be limited to those individuals found
duly qualified in education and character. The permissive right conferred on
the lawyer is an individual and limited privilege subject to withdrawal if he fails
to maintain proper standards of moral and professional conduct. The purpose
is to protect the public, the court, the client, and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the Court. It devolves upon a lawyer to
see that this purpose is attained. Thus, the canons and ethics of the
profession enjoin him not to permit his professional services or his name to be
used in aid of, or to make possible the unauthorized practice of law by, any
agency, personal or corporate. And, the law makes it a misbehavior on his
part, subject to disciplinary action, to aid a layman in the unauthorized practice
of law. (Noe-Lacsamana v. Busmente, A.C. No. 7269, 23 November 2011)
c) Indirect contempt
Under the Rules of Court, the unauthorized practice of law by one’s assuming
to be an attorney or officer of the court, and acting as such without authority,
may constitute indirect contempt of court, which is punishable by fine or
imprisonment or both. Such a finding, however, is in the nature of criminal
contempt and must be reached after the filing of charges and the conduct of
hearings. In this case, while it appears quite clearly that petitioner committed
indirect contempt of court by knowingly engaging in unauthorized practice of
law, we refrain from making any finding of liability for indirect contempt, as no
formal charge pertaining thereto has been filed against him. (In Re: Petition to
Sign in the Roll of Attorneys, Michael A. Medado, supra.)
•••••
X, one of Atty. B’s clients, expressed concern over such practice. Atty. B
reassured him that the same is completely permissible as lawyers are allowed
to devise means to efficiently manage their workload. Besides, Ms. D is acting
under his full knowledge and authority.
Does the practice of Atty. B of having his motions for extension of time signed
by Ms. D constitute any violation of the Code of Professional Responsibility?
Explain. (2.5%)
Suggested Answer:
Yes. Answer
In the case at bar, Atty. B assisted, if not directed, the unauthorized practice of
law when he instructed Ms. D to sign on motions that would be filed in
court. Apply
Thus, Atty. B may be held liable for the violation of the Code of Professional
Responsibility. Conclusion
•••••
Rule 9.01: A lawyer shall not delegate to any unqualified person the performance of any task which by law may on
performed by a member of the bar in good standing.
1) Notary Public
Rule 9.02: A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practi
law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, m
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or (b) Where a
lawyer undertakes to complete unfinished legal business of a deceased lawyer; or (c) Where a lawyer or law firm
includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit-sharing
agreement.
GENERAL RULE: A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law. (Rule 9.02, Code of
Professional Responsibility)
EXCEPTIONS:
1) Where there is a pre-existing agreement with a partner or associate that,
upon the latter’s death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or
Respondent-lawyer’s admission that he divided the legal fees with two other
people, who are non-lawyers, as a referral fee does not release him from
liability. A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except in certain cases. (Lijauco v.
Terrado, A.C. No. 6317, 31 August 2006)
a) Estate
c) Retirement plan
•••••
You had just taken your oath as a new lawyer. The secretary of a big
university offered to get you as the university’s notary public. She explained
that the faculty and students would be sent to you to have their
documentations and affidavits notarized; and that the arrangement would be
very lucrative for you. However, the secretary wants you to share with her half
of your earnings throughout the year.
Suggested Answer:
No. Answer
In the case at bar, the proposed arrangement of sharing the earnings from the
notarization violates the prohibition against sharing of attorney’s fees to non-
lawyers. Apply
Thus, I will not agree to the arrangement proposed by the secretary of the
university.
consent of the client since the lawyers have agreed to assume joint
If I may add,
A lawyer shall diligently and seasonably act on
any legal matter entrusted by a client
For purposes of this rule, “reasonable diligence” shall mean that a
lawyer acts with commitment and dedication to the interests of the
client and does not neglect or disregard, or unduly delay a legal matter
entrusted to the lawyer.
Section 5-A lawyer shall, after reasonable inquiry, promptly give an objective
assessment of the merits and probable results of the client's case. A lawyer shall
explain the viable options to the client to enable an informed decision regarding
the matter.
Explain the situation you were in, what
your tasks were in that situation, what
mistakes occurred, what actions I took,
and the results I got from your actions
To achieve lifelong learning a lawyer must have continuous education and up-
skilling for new and experienced lawyers in the rapidly changing legal