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ATTY.

ILAGAN NOTES ON BALE


SBC-M
AY: 2015 - 2016
First Meeting: January 6, 2016

4. Why is the
privilege?

1. What is Legal Ethics?

practice

of

law

It is that branch of moral science which


treats of the duties, which an attorney owes
to the court, to his client, to his colleagues in
the profession and to the public.

The practice of law is not a right but a


privilege bestowed by the State upon those
who show that they possess, and continue to
possess, the qualifications required by law
for the conferment of such privilege.

It is the embodiment of all principles of


morality and refinement that should govern
the conduct of every member of the bar.

5. Why is the practice of law a privilege


with a burden?

2. What is
Ethics?

the

importance

of

Legal

First because lawyers are integral to the


working-out of the law and the Rule of Law
itself is founded on principles of justice,
fairness and equity.
Second,
concept
ethical
inherent

lawyers are professionals. This


conveys the notion that issues of
responsibility and duty are an
part of the legal profession.

Third, because lawyers are admitted as


officers of the court and therefore have an
obligation to serve the court and the
administration of justice.
And finally because lawyers are a privileged
class for only lawyers can, for reward, take
on the causes of others and bring them
before the courts.
3. Is the practice of Law a profession
and not a business or trade? Explain.
The law is not a trade nor a craft but a
profession. Its basic ideal is to render public
service and secure justice to those who seek
it said. Those enrolled in its ranks should not
only master its tenets and principles but also
accord continuing fidelity to them. Obligation
not an easy task due to commercialism in all
fields of human endeavor.

Membership in the bar is a privilege


burdened with conditions. A lawyer has the
privilege and right to practice law only during
good behavior and can only be deprived of it
for misconduct ascertained and declared by
judgment of the court after opportunity to be
heard has been afforded him. Without
invading any constitutional privilege or right,
an attorneys right to practice law may be
resolved by a proceeding to suspend or
disbar him, based on conduct rendering him
unfit to hold a license or to exercise the
duties and responsibilities of an attorney.
6. What are the privileges of being a
lawyer?
a. Privilege and right to practice law during
good behavior before any judicial, quasijudicial, or administrative tribunal.
b. Attorneys enjoy the presumption of
regularity in the discharge of his duty.
(His statements, if relevant or material to
the case, are absolutely privileged
regardless of their defamatory tenor. He
can speak freely and courageously in
proceedings without the risk of criminal
prosecution.)
c. Other privileges inherent in his status as
quasi-judicial officer:

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ATTY. ILAGAN NOTES ON BALE


SBC-M
AY: 2015 - 2016
1. Passing the bar is equivalent to Firstgrade Civil Service eligibility for any
position in the classified service of the
government, the duties of which
require knowledge of law.
2. Second-grade eligibility for any other
government position not requiring
proficiency in the law.

b. No charges against him, involving


moral turpitude, have been filed or are
pending in any court in the Philippines.
6. Passed the Bar Examinations
7. Taken the Lawyers Oath
8. Signed the Roll of Attorneys and
received from the clerk of court of the SC
a license to practice
8. Is a counsel required in all cases?

d. The court, in admitting him to practice,


presents him to the public as worthy of
its confidence and as a person fit and
proper to assume and discharge the
responsibilities of an attorney.

No, provided the appearance is


habitual, without compensation
subject to the following:

e. Has the privilege to set the judicial


machinery in motion.

1. Cases before the MTC Party to the


litigation, in person OR through an agent
or friend or appointed by him for that
purpose (Sec. 34, Rule 138, RRC)

f. He can stand up for his right or the right


of his client even in the face of a hostile
court.
g. He has the right to protest, in respectful
language, any unwarranted treatment of
a witness or any unjustified delay.

7. Who are persons entitled to practice


to law?
Those who successfully completed the ff
requirements:
1. Citizen of the Philippines
2. Resident of the Philippines
3. At least 21 years old
4.
Must
successfully
complete
all
prescribed courses
5. Production before the Supreme Court
Satisfactory evidence of:
a. Good moral character

Non-lawyers
court:

authorized

to

appear

not
but
in

2. Before any other court Party to the


litigation, in person
3. 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:
a. Resident of the province
b. Of good repute for probity and ability
to aid the accused in his defense (Rule
116, Sec. 7, RRC).
4. Legal Aid Program A senior law
student, who is enrolled in a recognized
law schools clinical education program
approved by the Supreme Court may
appear
before
any
court
without
compensation, to represent indigent
clients, accepted by the Legal Clinic of the
law school. The student shall be under
the direct supervision and control of an
IBP member duly accredited by the law
school.

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ATTY. ILAGAN NOTES ON BALE


SBC-M
AY: 2015 - 2016
5. Before the NLRC or any Labor Arbiter,
if:
a. They represent themselves, or if
b. They represent their organization or
members thereof (Art 222 of the Labor
Code, PO 442, as amended).
6. Before the Cadastral Court under the
Cadastral Act, a non-lawyer can represent
a claimant (Act 2259, Sec. 9

10.

PUBLIC DUTY

9. May a party represent himself?


Yes. According to Sec. 34 of Rule 138:
Sec. 34. By whom litigation is conducted. In the court of a justice of the peace, a party
may conduct his litigation in person, with the
aid of an agent or friend appointed by him
for that purpose, or with the aid of an
attorney. In any other court, a party may
conduct his litigation personally or by aid of
an attorney, and his appearance must be
either personal or by a duly authorized
member of the bar.

What are the duties of a Lawyer?

Obey the law.


Aid in the administration of justice.
Cooperate
whenever
justice
is
imperiled.
As a Faithful Assistant of the court in
search of just solution to disputes.

PRIVATE DUTY

Faithfully,
honestly,
and
conscientiously represent the interest
of his client.
As a Trusted Agent of his client.

PERSONAL DUTY

The obligation he owes to himself.


As a Self-employed Businessman.

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