What is the Lawyer’s Oath?

I, __________________, do solemnly swear that I will maintain allegiance to the

Republic of the Philippines; I will support its 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 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 court as
to my clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.

Distinguish between immoral and grossly immoral conduct?

Immoral conduct involves acts that are willful, flagrant or shameless and that show
a moral indifference to the opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt as to constitute a
criminal act or so unprincipled as to be reprehensible to a high degree or when
committed under such scandalous or revolting circumstances as to shock the
community’s sense of decency. The Court makes these distinctions, as the supreme
penalty of disbarment from conduct requires grossly immoral, not simply immoral
conduct. (Perez v. Catindig, A.C. No. 5816)

What is the purpose of MCLE?

To ensure that throughout their career, lawyers will keep abreast of the law and
jurisprudence, maintain the ethics of the profession and enhance the standards of
the practice of law. (B.M. 850, Rule 1, Sec. 1).

What are the qualifications for an applicant to be admitted as a member of

the bar?

1. Citizen of the Philippines

2. At least 21 years of age

3. Resident of the Philippines

4. Of good moral character and no charges involving moral turpitude. (Sec.2. Rule
138 of the Rules of Court)

May the grant of a presidential pardon for the crime of homicide preclude
disbarment proceedings against a lawyer? REWORD
No. The practice of law is not a right but a privilege. It is granted only to those
possessing good moral character. A conviction of a crime involving moral turpitude
justifies the imposition of the appropriate penalty against a lawyer, including the
penalty of disbarment. (Garcia v. Sesbreño, A.C. No. 7973 and A.C. No. 10457)

May a lawyer form a stock corporation to practice the profession and share
the profits with its stockholders?

The practice of law is not a business and lawyers cannot form stock corporations to
practice the profession. It is also prohibited for lawyers to allow non-lawyers to
practice law nor are lawyers allowing to share their legal fees with non-lawyers
(Ulep v. The Legal Clinic Inc., B.M. No. 550)

What instances are non-lawyers allowed to appear in a proceeding?

1. Law Student Practice Rule (Sec. 1, Rule 138-A, Rules of Court)

2. Small claims cases in court (Sec.17, Rules of Procedure in small Claims Cases)

3. Non-lawyers in administrative tribunals (Art.218 (a), Labor Code)

4. Katarungang Pambarangay proceedings (Sec. 415, LGC)

5. Self-Representation (Art.222 of the Labor Code)

POSSIBLY EXPOUND^

What is the rule on the prohibition or disqualification of former

government attorneys?

Public officials and employees during their incumbency shall not own, control,
manage or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law. Officials engaged in the
private practice of their profession unless authorized by the Constitution or law,
provided that such practice will not conflict or tend to conflict with their functions.
The official must likewise not recommend any person to any position in a private
enterprise, which has a regular, or pending official transaction with their office.

The prohibition shall continue for a period of one year after resignation, retirement
or separation from public office. (Sec. 7(b), R.A. 6713)