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Law
Is not a trade nor a craft but a profession
Its basic ideal is to render public service and secure justice for those who seek its aid

Legal Ethics
The embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar
Refers to 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

Lawyers
Class of persons who by license are officers of the court and who are empowered to appear, prosecute and defend and on whom peculiar duties,
responsibilities and liabilities are devolved by law as a consequence

Attorney
A person who is a member of the Philippine Bar and who, by the warrant of another, practices law or who acts professionally in legal formalities,
negotiations or proceedings, by authority of his client

Counsel
An adviser, a person professionally engaged in the trial or management of a cause in court; a legal advocate managing a case at law

Only those who are admitted to the Philippine Bar can be called attorneys

Counsel de parte
An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court

Counsel de oficio
An attorney appointed by the court to defend an indigent defendant in a criminal action or to represent a destitute party in a case

Attorney of record
The attorney whose name, together with his address, is entered in the record of a case as the designated counsel of the party litigant in the case and to
whom judicial notices relative thereto are sent

Of counsel
An experienced lawyer, who is usually a retired member of judiciary, employed by law firms as consultant

Amicus curiae
An experienced and impartial attorney invited by the court to appear and help in the disposition of issues submitted to it

Bar
Refers to the legal profession
Bench
Means the judiciary

The practice of law is a privilege impressed with public interest.

Qualified
Fit and honest
Possess good moral character

The practice of law is so intimately affected with public interest that it is both a right and a duty of the state to control and regulate it in order to promote
the public welfare.

The power of the Supreme Court to regulate the practice of law includes the authority to define that term, prescribe the qualifications of a candidate to
and the subjects of the bar examinations, decide who will be admitted to practice, discipline or disbar any unfit and unworthy member of the bar,
reinstate any disbarred or indefinitely suspended attorney, ordain the integration of the Philippine Bar, punish for contempt any person for unauthorized
practice of law and in general, exercise overall supervision of the legal profession

The Supreme Court can exercise any other power as may be necessary to elevate the standards of the bar and preserve its integrity.

Membership in the bar is in the category of a mandate of public service of the highest order.
A lawyer is an oath-bound servant of society whose conduct is clearly circumscribed by inflexible norms of law and ethics, and whose primary duty is the
advancement of the quest of truth and justice, for which he has sworn to be a fearless crusader.
His admission to the bar is upon the implied condition that his continued enjoyment of the privilege conferred is dependent upon his remaining fit and
safe to exercise it.

During good behavior

Privileges of attorney
An attorney enjoys a number of privileges by reason of his office and in recognition of the vital role which he plays in the administration of justice.
1. Presumption of regularity in the discharge of his duty
2. Immune from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer
3. His statements, if relevant, pertinent or material to the subject of judicial inquiry, are absolutely privileged regardless of their defamatory tenor
and of the presence of malice
4. Right to protest any unwarranted treatment of a witness or any unjustified delay in the administration of justice
Designed to encourage a lawyer to be courageous and fearless in the prosecution or defense of his client’s cause
Objective: The proper, efficient, speedy and inexpensive administration of justice.

First grade civil service eligibility for any position in the classified service in the government the duties of which require knowledge of law, or
Second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification

Integrity, ability and learning

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Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the 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 in court;
I will not wittingly or 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 these voluntary obligations without any mental reservation or purpose of evasion.
So help me God.

Duties of Office
1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the law;
2. To observe and maintain the respect due the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as he believes to be honestly debatable under the law;
4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never to
mislead the judge or any judicial officer by an artifice or false statement of fact or law.
The duties of an attorney, impressed with the solemnity of his oath, may be classified into those which he owes to the court, to the public, to the bar and
to his client.

The duties of an attorney may also be classified into public, private and personal obligations.
3-fold capacity in which an attorney operates:
1. As a faithful assistant of the court in search of a just solution to disputes;
2. As a trusted agent of his client; and
3. As a self-employed businessman
Public duty consists of his obligations to obey the law, aid in the administration of justice or cooperate with it whenever justice would otherwise be
imperiled
Private duty refers to his obligation to faithfully, honestly and conscientiously represent the interest of his client
Personal obligation is what he owes to himself

Personal sacrifices are inherent in the practice of law

The practice of law is a profession, a form of public trust. The gaining of a livelihood is but a secondary consideration.

The law as a profession proceeds from the basic premise that membership in the bar is a privilege burdened with conditions and carries with it the
responsibility to live up to its exacting standards and honored traditions.

Law advocacy is not capital that yields profits.

The returns are simple rewards for a job done or service rendered.
It is a calling impressed with public interest for which it is subject to state regulation.

Primary characteristics which distinguish the legal profession from business:

1. A duty of public service, of which emolument is a by-product, and in which one may attain the highest eminence without making much money;
2. A relation as officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability;
3. A relation to client in the highest degree fiduciary; and
4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients.
These make the law a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically
and morally.
And because lawyers are the vanguards of the law and the legal systems, they must at all times conduct themselves in their professional and private
dealings with honesty and integrity in a manner beyond reproach.

Necessity of representation by counsel

In a democratic and civilized country where the rights of a person are determined in accordance with established rules, the employment of a person
acquainted with those rules becomes a necessity both to the litigants and to the court.
The law profession came into being as a result of that procedural development of the court which created the necessity for the attorney and made him an
essential part of the judicial machinery.

Need for, and right to, counsel

Custodial investigation
The questioning by law enforcement officers of a suspect taken into custody or otherwise deprived of his freedom of action in a significant way
The presence of counsel would insure that statements made in the government-established atmosphere are not the product of compulsion.
While a person may waive his right to counsel, such waiver, to be valid and effective, must be made with the assistance of counsel who must be a
lawyer.

When appearance by counsel not obligatory

1. In the MTC, a party may conduct his litigation in person or with the aid of an agent or friend appointed by him for that purpose or with the aid
of an attorney
2. In the RTC and appellate courts, a party in a civil suit may either conduct his litigation personally or by attorney, unless the party is a juridical
person, in which case it may appear only by attorney
The rule that appearance by counsel is not obligatory applies only in civil and administrative cases.
The rule does not apply in criminal cases involving grave and less grave offenses, where an accused must be represented by counsel de parte or counsel de
oficio and in which his right to counsel is not waivable.

Canons of professional responsibility

Professional standards serve as the lawyer’s char and compass to resolve difficult questions of duty and help minimize ethical delinquencies.

Code of Professional Responsibility

A sense of identity and the necessity of restating the canons to conform with present-day realities and reflect the local customs, traditions and practices of
the bar dictate that the Philippine Bar fashion and formulate its own Code of Professional Responsibility
June 21, 1988 promulgated
22 Canons and 77 Rules

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4 Chapters:
1. The Law and the Society;
2. The Lawyer and The Legal Profession;
3. The Lawyer and The Courts; and
4. The Lawyer and The Clients.
The Code establishes norms of conduct and ethical standards for all lawyers, including those in the government service, to observe in their professional,
official and private capacities.

ADMISSION TO PRACTICE

Legislative power to repeal, alter or supplement

The 1987 Constitution deleted the provision concerning the power of the legislature to repeal, alter or supplement rules regarding admission to the
practice of law.
Legislature may pass a law prescribing additional qualifications for candidates for admission to the bar.
In the exercise of its police power, the legislature may, however, regulate the practice of law. Thus, it may enact a law declaring illegal and punishable the
unauthorized practice of law.
Whatever law may be passed in the exercise of the police power is merely in aid of, and does not detract from, the judicial power to regulate the practice
of law.

To enable the court to properly discharge its responsibility for the efficient and impartial administration and to elevate and maintain the standard of the
legal profession requires that it must have the primary duty to decide:
A. Who may be admitted to the bar as one of its officers;
B. What are the causes for disciplinary action against him;
C. Whether he should be disciplined, suspended, disbarred, or reinstated.

Supreme Court Incidental Powers

1. Fixing minimum standards of instruction for all law schools to observe;
2. Setting up of the necessary administrative machinery to determine compliance therewith;
3. By way of sanction, refusal to admit to the bar exams law graduates from schools failing to meet those standards. May be implemented
through accreditation

PRACTICE OF LAW
Any activity in or out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and
experience (Cayetano vs Monsod)
Not limited to the conduct of cases in court
Includes legal advice, counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be
pending in court

3 PRINCIPAL TYPES OF PROFESSIONAL ACTIVITIES

1. Legal advice and instructions to the clients to inform them of their rights and obligations
2. Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman
3. Appearance for clients before public tribunals.

Engaging in the practice of law presupposes the existence of a lawyer-client relationship

CHARACTERISTICS of term “Practice of Law”

Implies customarily or habitually holding oneself out to the public, as a lawyer, for compensation as a source of livelihood or in consideration of his service
Holding oneself out may be shown by acts indicative of that purpose
Consists of frequent and customary actions, more than an isolated appearance
Contemplates succession of acts of the same nature habitually and customarily holding oneself out to the public as a lawyer

Character of the service and not the place where it is performed is the decisive factor determinative of whether the service constitutes practice of law

Practice of law need not be habitual services in litigations in court. A person’s past work experiences as lawyer-economist, lawyer-manager, lawyer-
entrepreneur of industry, lawyer-negotiator of contracts and lawyer-legislator more than satisfy the constitutional requirement for appointment as
Chairman of the COMELEC that he has been engaged in the active practice of law for at least ten years. (Cayetano vs Monsod)

ESSENTIAL CRITERIA determinative of Engaging in the Practice of Law

1. Habituality – Customarily holding oneself out to the public as lawyer
2. Compensation – One must have presented himself to be in the active practice and that his professional services are available to the public for
compensation, as a source of his livelihood or in consideration of his said services
3. Application of law, legal principle, practice or procedure which calls for legal knowledge, training and experience
4. Attorney-client relationship

WHO MAY PRACTICE LAW – 2 Statutory requirements:

1. Must have been admitted to the bar;
a. Passed the bar exams
b. Taken the lawyer’s oath before the SC en banc
c. Signed in the roll or attorneys
d. Received a certificate of license to practice law from the Clerk of Court of the SC
e. Furnished satisfactory proof of educational, moral, and other qualifications
2. After admission, must remain in good and regular standing (A continuing requirement)
a. Remain an IBP member in good standing by regularly paying IBP dues and other lawful assessments
b. Pay annual privilege tax
c. Faithfully observe the rules and ethics of the legal profession
d. Be continually subjected to judicial disciplinary control

Compulsory membership to the IBP is not violative of a lawyer’s freedom of association. A lawyer became a member of the bar when he passed the Bar
Examinations. Integration does not compel the lawyer to associate with anyone. The only compulsion is the payment of annual dues. To further the State’s
legitimate interest in elevating the quality of professional legal service, the SC may require that the cost be shared by the subjects and beneficiaries of the
regulatory program – the lawyers (In re: Edillon A.M. 1928).

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The rigid requirements and conditions are designed to admit to its ranks only whose who are adequately prepared, mentally and morally, to discharge
the duties of an attorney.
The purpose is to protect the public, the court, the client, and the bar from incompetence and dishonesty of those who are unfit to become members.
Only those who are competent, honorable and reliable may practice law.

RIGHT AND PRIVILEGE TO PRACTICE LAW

Mere privilege in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct
Privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness – standards which are neither dispensed with nor
lowered after admission
Continued enjoyment depends upon complying with the ethics and rules of the profession
Also in the nature of a right which cannot be lightly or capriciously taken away from a lawyer – He holds office during good behavior and can only be
deprived of it for misconduct

Practice without examination

Practice without admission
General Rule: Only those who are licensed to practice law can appear and handle cases in court.
Exceptions:
1. Before the MTC – Agent or friend [Sec. 34, Rule 138]
2. Before any other court – [Sec. 34, Rule 138]
3. In a criminal case before the MTC – Where duly licenses member of the Bar is not available – Resident of good repute for probity and
ability to represent the accused in his defense [Sec. 7, Rule 116]
4. Student Practice Rule – Completed 3rd year and enrolled in clinical legal education program – without compensation to represent indigent
clients [Sec. 1, Rule 138-A] – Under the direct supervision and control of a member of the IBP [Sec. 2]
5. Under the Labor Code – Before the NLRC or any Labor Arbiter if they:
a. Represent themselves;
b. Represent their organization or members thereof [Art. 222, PD 442]
6. Cadastral Court – Non-lawyer may represent a claimant [Sec. 9, Act No. 2259]
7. Any official or other person appointed to appear for the Government of the Philippines in accordance with law shall have all the rights of
a duly authorized member of the bar in any case in which said government has an interest [Sec. 33, Rule 138].

3 LIMITATIONS IN THE APPEARANCE OF A LAYMAN on behalf of another:

1. Confine work to non-adversary contentions – Should not undertake purely legal work
2. Services should not be habitually rendered
3. Should not charge or collect attorney’s fees

RIGHT OF PARTY TO REPRESENT HIMSELF

1. In Civil Cases – Litigant may conduct his litigation personally – Bound by the same rules – May not be heard to complain later
2. In Criminal Cases – Layman must always appear by counsel – Right to counsel may not be waived
3. Juridical Person –
General Rule: Must always appear by a duly licensed member of the bar
Exception: In the MTC – May be represented by its agent or officer – who need not be a lawyer

3 Instances when a lawyer cannot practice

1. Appearance of parties in person – Katarungang pambarangay proceedings [Sec. 415, LGC]
2. Appearance through a representative – Must be for a valid cause, must not be a lawyer, and must be related to or next-of-kin [A.M. No. 08-8-7-
SC, Rule of Procedure for small claims cases]
3. After leaving government service, a lawyer shall not accept engagement or employment in connection with any matter in which he had
intervened while in said service [Rule 6.03, Canon 6, CPR]

Disability of public officials to practice

Appointment or election to a government office disqualifies one to practice law
1. Exclusive fidelity – Public office is a public trust
2. Conflict of interests
3. Impartiality in the performance

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