1.) Definition of Practice of Law (CAYETANO VS.

MONSOD)
Cayetano vs. Monsod
RENATO CAYETANO vs. CHRISTIAN MONSOD,

FACTS: Respondent Christian Monsod was nominated by President Corazon C. Aquino to

the position of chairman of the COMELEC. Petitioner opposed the nomination because
allegedly Monsod does not possess required qualification of having been engaged in the
practice of law for at least ten years. The 1987 constitution provides in Section 1, Article IXC: There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree, and must not have
been candidates for any elective position in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have
been engaged in the practice of law for at least ten years.

ISSUE: It is whether the respondent has the ten year practice of law requirement for him to
assume such office

HELD: Practice of law means 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 perform those acts which are characteristics of the profession. Generally, to practice law
is to give notice or render any kind of service, which device or service requires the use in
any degree of legal knowledge or skill.

In general, a practice of law requires a lawyer and client relationship, it is whether in or out of
court. Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of
both the rich and the poor verily more than satisfy the constitutional requirement that
he has been engaged in the practice of law for at least ten years.

2.) What is PREVENTIVE LAWYERING

Method that lawyers employ to avoid litigation.

3.) Distinguish ULTIMATE FACTS VS EVIDENTIARY FACTS

ULTIMATE FACTS
Essential facts constituting the plaintiffs cause of action
The complaint should contain a concise statement of the ultimate facts constituting a
plaintiffs cause of action and not evidentiary facts or legal conclusions.
EVIDENTIARY FACTS
These are the facts needed to prove a matter that is at issue.

4.) What are the 5 LEGAL STAGES OF LEGAL INTERVIEW

5.) MEMORIZE RULE 138, SECTION 20 OF RULES OF COURT

Duties of attorneys. It is the duty of an attorney:
(a)

To maintain allegiance to the Republic of the Philippines and to support the Constitution

and obey the laws of the Philippines.

(b)

To observe and maintain the respect due to the courts of justice and judicial officers;

(c)

To counsel or maintain such actions or proceedings only as appear to him to be just, and

such defenses only as he believes to be honestly debatable under the law.

(d)

To employ, for the purpose of maintaining the causes confided to him, such means only

as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer
by an artifice or false statement of fact or law;
(e)

To maintain inviolate the confidence, and at every peril to himself, to preserve the

secrets of his client, and to accept no compensation in connection with his client's business
except from him or with his knowledge and approval;

(f)

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;
(g)

Not to encourage either the commencement or the continuance of an action or

proceeding, or delay any man's cause, from any corrupt motive or interest;
(h)

Never to reject, for any consideration personal to himself, the cause of the defenseless

or oppressed;
(i)

In the defense of a person accused of crime, by all fair and honorable means, regardless

of his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.

6.) MEMORIZE LAWYER'S OATH

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic
of the Philippines; I will support its Constitution and obey 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 court;
I will not wittingly nor willingly 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
courts as to my clients; and I impose upon myself this voluntary obligations without any mental
reservation or purpose of evasion. So help me God.

7.) CONCEPT OF PRIVILEGED COMMUNICATION.. WHAT IS P.C? (what does it cover? Does
your secretary also covered by p.c?)
DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION
Section 24.

Disqualification by reason of privileged communication. The following persons

cannot testify as to matters learned in confidence in the following cases:

(a)

The husband or the wife, during or after the marriage, cannot be examined without the

consent of the other as to any communication received in confidence by one from the other

during the marriage except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter's direct descendants or ascendants;
(b)

An attorney cannot, without the consent of his client, be examined as to any

communication made by the client to him, or his advice given thereon in the course of, or with a
view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be
examined, without the consent of the client and his employer, concerning any fact the knowledge
of which has been acquired in such capacity;
(c)

A person authorized to practice medicine, surgery or obstetrics cannot in a civil case,

without the consent of the patient, be examined as to any advice or treatment given by him or
any information which he may have acquired in attending such patient in a professional capacity,
which information was necessary to enable him to act in capacity, and which would blacken the
reputation of the patient;
(d)

A minister or priest cannot, without the consent of the person making the confession, be

examined as to any confession made to or any advice given by him in his professional character
in the course of discipline enjoined by the church to which the minister or priest belongs;
(e)

A public officer cannot be examined during his term of office or afterwards, as to

communications made to him in official confidence, when the court finds that the public interest
would suffer by the disclosure.

8.) WHAT ARE THE CONDITION PRECEDENTS?