BASIC LEGAL ETHICS a. Fidelity- devoting ones’ self to only one person.

REVIEWER QUIZ 1, February 26, 2019 b. Knowledge- lawyering is a continuing saga of

updating knowledge.
Introduction c. Discretion- being rational
7. I will impose upon myself these obligations voluntarily
The Lawyer’s Oath without any mental reservation or purpose of evasion
- Series of Obligation that a lawyer should possess.
- Lawyering is a profession that concerns public interest. General Principles

1. Maintain allegiance to the Republic of the Philippines Concepts

a. The legal profession is a privilege reserve to a 1. Practice of law is a privilege given to a chosen few.
Filipino citizen 2. Basic principle of lawyering is not money making but to
b. It requires devotion and loyalty to the state since it render public service and serve justice for those who seek
is a mere privilege. its aid.
2. Support the Constitution and obey the law as well as the 3. A lawyer forms part of the machinery of justice
legal order by the duly constituted authority therein. administered by the courts.
a. Lawyering is a profession that concerns public
interest and as officer of the court, lawyers must set Definitions
a good example for those who are not in the 1. Lawyer- refers to a class of person who by licenses are
profession. officers of the court and who are empowered to appear,
b. Lawyers must take consequences for their action. prosecute and defend those who need it. A lawyer is one
3. I will do no falsehood nor consent to the doing of any in who passed the bar exams, taken the lawyer’s oath before
court. the supreme court en banc, signed in the roll of attorneys,
a. Lawyers are officers of the court thus; they are received a certificate of license to practice law and
responsible to maintain its integrity in the furnished satisfactory proof or educational, moral and other
administration of justice. qualifications.
4. I will not wittingly or willingly promote or sue groundless, 2. Counsel de parte- attorney retained by a party litigant
false or unlawful suit or give aid nor consent to the same usually for a fee to prosecute or defend his cause in court.
a. Lawyers must be honest with their client. If his case The lawyer may choose to decline or take the case so as
is bound to lose since it is groundless, false or long as the client does not terminate his service.
unlawful, the lawyer must tell him the truth. 3. Counsel de Officio- appointed by the court to defend an
5. I will delay no man for money or malice. indigent and destitute party in a criminal action and this is
a. There are two parties in a case, two rights that are without fee. The attorney has no choice to accept such if he
being assessed, two reliefs that is being sought. has no just cause to decline.
Delaying includes the other party or the lawyer’s 4. Lawyer “of Counsel”- is an experienced lawyer, who is
client. usually a retired member of the judiciary, employed by law
6. I will conduct myself as a lawyer according to the best of my firms as consultant.
knowledge and discretion with all good fidelity to the court 5. Attorney of Record- attorney, whose name, together with
as well as my client. his address is entered in the record of the case as
 designated counsel of the party litigant. Receipt by counsel a. Independence- A lawyer must be independent from
is also receipt by the client. any influences even by the clients. They should be
6. Amicus curiae- a friend of the court who is usually an the one to correct the course of action.
experienced and impartial attorney invited by the court to b. Accessibility- Level of commitment to all clients
appear and help in the disposition a case submitted to it. shall be the same no matter the status, sex, race
7. Bar- refers to the legal profession. and social standing of the client.
8. Bench- refers to the members of the judiciary. c. Learning- A lawyer should always update his
knowledge regarding the changes of the law and
Legal Profession jurisprudence.
It is a right but more of a privilege as such there is a
continuing responsibility to maintain standards of the profession. The Practice of Law
Power to Regulate Practice of Law- The constitution
[ARTICLE VIII, Section 5(5)] vest this power of control and
regulation in the SUPREME COURT. The constitutional power to A. Concept of Practice of Law
admit candidates to the legal profession is a judicial function and  Definition
involves the exercise of discretion. a) Any activity, in or out of the court, which requires
CONSTITUTION Article XII Sec. 14. The practice of all the application of law, legal procedure, knowledge,
professions in the Philippines shall be limited to Filipino citizens, training and experience or performing acts which
save in cases prescribed by law. are characteristic of the legal profession provided
that:
1. Practice of Law is a profession i. It is more that an isolated case.
a. It is a noble profession and not a money-making ii. There must be habituality of action.
business or enterprise. iii. Customarily or habitually holding one’s self
b. Lawyers are officer of the court and a quasi-judicial to the public as a lawyer and demanding
officer payment for such services.
i. Officer of the Court- lawyers are proponent b) It includes legal advice, counseling, preparation of
in the administration of justice since they legal instruments and contracts in which legal rights
are the ones to introduce a client to the are secured.
court. As officers of court, lawyers are c) Includes representation before the court and before
mandated to protect the integrity of the other quasi-judicial agencies. Also includes activities
court. outside of court.
ii. Quasi-Judicial Officer- Lawyers know the 2. Private practice
law and use the law to advocate the rights a) This means an individual or organization engaged in
of his clients. the delivery of legal service. It consist of frequent
2. Three ideas involved in a profession: and customary actions more than an isolated
a. Organization appearance.
b. Learning 3. Principal Types of Activities
c. Spirit of Public Service a) Legal advice and instructions to client or to inform
3. Standards of the legal profession them of their rights and obligations.
 b) Preparation of pleadings and documents requiring  Any person who has been duly licensed as a member of the
knowledge of legal principles. bar in accordance to the statutory requirements and who is
c) Appearance for clients in judicial and quasi-judicial in good regular standing is entitled to practice law.
agencies which possesses the power and authority o Two Basic Statutory Requirements:
to determine rights, life, liberty and property  Must have been admitted to the bar
according to law.  Must have accomplished all the
4. Criteria to Consider an Action Practice of Law: for purposes academic requirements for the law
of regulating members of the bar, practice of law must be course.
clearly defined.  Passed the bar exams.
a) Habituality- at least a lawyer needs to keep an  Taken the lawyer’s oath before the
office and there should be regularity in the practice. Supreme Court en banc.
b) Compensation- least important. This is the  Received a certificate of license to
possibility of getting paid. It would not matter if the practice law from the Clerk of Court
lawyer actually gets paid. It depends on the lawyer of the Supreme Court.
if he would collect a fee or not.  Signed in the Rill of Attorneys.
c) Application of law, legal procedure, training and  Furnished satisfactory proof of
experience. good moral character and other
d) The existence of an Attorney-Client relationship qualifications before the Supreme
i. This is important in determining legal Court.
questions  After admission, must remain in good and
Note: regular standing.
 Public Policy requires that the practice of law be limited  Remain an IBP member in good
to those found duly qualified in education and character standing by regularly paying IBP
in order to protect the public, the court, the client and dues and other lawful assessments.
the bar from incompetence and dishonesty of those  Payment of annual professional
unlicensed to practice law. fees.
 Engaging in the practice of law presupposes lawyer-  Comply with the mandatory
client relationship. Where a lawyer undertakes activities continuing educational
without any such relationship such as teaching law or requirement.
writing law books or legal articles cannot be said to be  Faithfully observe the rules and
engaged in the practice of his profession as a lawyer. ethics of the legal profession.
 Be continually subjected to judicial
B. Practice of Law is not a right but a privilege; not a business disciplinary control.
or trade

C. Persons entitled to Practice Law (Section 1, Rule 138, Rules Public Officials Prohibited in Engaging in Private Practice of Law
of Court) - To preserve the integrity of public office since it
requires public trust which obliges exclusive infidelity.
Persons entitled to practice law, generally
 - To avoid conflict of interest and assure the people of A punong barangay needs to obtain written permission
impartiality in the performance of public function. from the secretary of the DILG to appear as counsel.

1. Relative Prohibition Liability of Unauthorized Practice of Law

a. Senators and Members of the House of - Any person prohibited from engaging in the
Representatives (Prohibition to Appear, including practice of law or assumes to be an attorney is
signing of pleading, as well as his associates in a liable for contempt of court, punishable by fine,
firm to avoid circumvention of the law) imprisonment or both.
b. Members of the Sanggunian, except: - Liable for estafa, defrauds the litigant
i. Civil case wherein the Local Government o If such unauthorized practice causes
Unit is the adverse party. damage to a party.
ii. Criminal Cases where an employee of the o False representation and rendering service
Government is charged with a case in in court in behalf of the litigant.
relation to the function of his office. - Criminal and Administrative Liability for
iii. Cannot collect fees in administrative Government Officials prohibited from practicing
proceedings involving the LGU he is an law when doing such.
official.
iv. Cannot use government resource unless the
government is the party he is defending. Practice without admission to the Bar
2. Absolute Prohibition General rule: Only those who are licensed to practice law
a. All members of the Judiciary can appear and handle cases in court.
b. Judges and other officials as employees of the
Supreme Court EXCEPTIONS:
c. Government Prosecutors
d. President, Vice President, members of the Cabinet 1. Before the MTC- a party may conduct his case or litigation
e. Members of the Constitutional Commissions in persons with the aid of an agent or friend appointed by
f. Ombudsman and his deputies him. (Section 34 Rule 138)
g. Solicitor General and Assistant Solicitor General 2. Before any other court- a party may conduct his litigation
h. All governors, city and municipal mayors personally (Section 34 Rule 138). He is bound by the same
i. Those prohibited by special laws- retired members rules in conducting the trial of his case.
of the judiciary 3. In a criminal case before the MTC- in a locality where a duly
licensed member of the Bar is not available a judge may
A civil service officer can engage in the practice of law appoint a non-lawyer who is a resident of that province, of
only if: good repute for probity and ability to represent the accused
o The officer’s responsibilities do not require his in his defense. (Section 7, Rule 116)
time to be fully at the disposal of the 4. Student Practice Rule- A law student who has successfully
government. completed his 3rd year of the regular 4-year prescribed
o With written permission from the head of the curriculum and is enrolled in a recognized law school’s
department concerned. clinical legal education program approve by the Supreme
Court- may appear without compensation in any civil,
 criminal or administrative case before any trial court, is considered to have not lost his citizenship at all.
tribunal, board or officer to represent and indigent clients In the case of Benjamin Dacanay, the SC ruled that a
accepted by the Legal Clinic of the school. (Sec. 1, Rule 138- Filipino who reacquired his citizenship must comply
A). The student shall be under the direct supervision and with the following in order to resume practice:
control of a member of the IBP duly accredited by the law 1. Pay his IBP dues
school. (Section 2) 2. Pay his professional tax
5. Under the Labor Code- non-lawyers may appear before the 3. Complete at least 36 credit hours of
NLRC or any labor arbiter if they: mandatory continuing legal
a. Represent themselves; education.
b. Represent their organization or member (Article 4. Retake his lawyer’s oath.
222, PD 442)
6. A non-lawyer may represent a claimant before the Good Moral Character
Cadastral Court (Section 8, Act. No. 2259) This requirement aims to maintain and uphold the
7. Any official or other person appointed to appear for the high moral standard and the dignity of the legal
Government of the Philippines in accordance with law. profession.
(Section 33, 138)
QUALIFICATION FOR ADMISSION Educational Qualification
Lawyers are entrusted with the protection of life,
Requirements for admission to the BAR liberty, property or honor of a person thus, to
approve officially one who is not adequately
1. Citizen of the Philippines prepared to such task can create social danger.
2. Resident of the Philippines
3. At least 21 years old Bar Examinations
4. Successfully completed all prescribed courses Passing grade: To pass the bar exams, a general
5. Passed the bar exams average of 75% in all the subjects without failing
6. Production before the Supreme Court satisfactory below 50% in any subject. The following are the
evidence of: weight distributions and schedule:
a. Good moral character  First Sunday
b. No charges against him, involving moral o Political and International law- 15%
turpitude have been filed or are pending before o Labor and Social Legislation- 10%
any court.  Second Sunday
o Civil law- 15%
Citizenship and Residence o Taxation- 10%
Privilege denied to foreigners since lawyers must  Third Sunday
maintain allegiance to the Republic of the o Mercantile law- 15%
Philippines, which is required in the Lawyer’s Oath. o Criminal law- 10%
 Fourth Sunday
An exemption to this rule is when a former Filipino o Remedial law- 20%
citizen reacquires his citizenship through RA 9225 or o Legal Ethics and Practical Exercises- 5%
the “Reacquisition and Retention Act” wherein, he RULE 138, Section 11
 which may be the object of any litigation in which
Procedure/Requirements after passing the Bar examinations they may take part of.
1. Passed the bar exams b. Article 2208 of the Civil Code- Generally, in the
2. Take the Lawyer’s Oath absence of stipulation, attorney’s fees and expenses
3. Sign in the Roll of Attorneys of litigation, other than judicial cost, cannot be
recovered.
Membership in the IBP c. Articles 203 and 222 of the Labor Code
Membership in the IBP is automatic and mandatory. d. Article 209, Revised Penal Code- Refers to the
Payment of Dues is a condition since it is sine qua non for a lawyer revelations of secret.
to be considered in a good and regular standing. This condition
allows lawyer to practice law and to maintain his name in the Roll of CANNONS OF PROFESSIONAL RESPONSIBILITY: Four-fold duties of
Attorneys. a lawyer- to the society, to the legal profession, to the court and to
Default in payment for six months shall warrant suspension the client.
and default in one year shall be a ground for removal of the name of A. THE LAWYER AND THE SOCIETY
the delinquent member from the roll of attorneys subject to the
approval by the Supreme Court. 1. CANON 1- A LAWYER SHALL UPHOLD THE
CONSTITUTION< OBEY THE LAWS OF THE LAND AND
LEGAL ETHICS PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES
It is a branch of moral science which treats the duties which
a lawyer owes to the court, to his client, to his colleagues in the a. Rule 1.01- A lawyer shall not
profession and to the public. It is also the embodiment of all engage in unlawful, dishonest,
principles of morality and refinement that should govern the immoral or deceitful conduct.
conduct of every member of the bar. b. Rule 1.02- A lawyer shall not
counsel or abet activities aimed at
Sources of Legal Ethical Standards defiance of the law or at lessening
confidence in the legal system.
1. Primary c. Rule 1.03- A lawyer shall not, for
a. Bar- Canons of Professional Ethics, Code of any corrupt motive or interest,
Professional Responsibilities encourage any suit or proceeding or
b. Bench- Canons of Judicial Ethics, Code of Judicial delay any man’s cause.
Conduct for the Philippine Judiciary d. Rule 1.04- A lawyer shall encourage
2. Secondary his clients to avoid, end or settle a
a. Decisions/Resolutions of the Supreme Court controversy if it will admit of a fair
b. Supreme Court Circulars settlement.
c. Orders/Resolution of other Courts
d. IBP issuances
3. Other Sources- Legislations
a. Article 1491(5) of the Civil Code- Lawyers are
prohibited to purchase the property and rights