LEGAL ETHICSREVIEWERATENEO CENTRAL BAR
Factor’s of Traders
OPERATIONS 2002
LEGAL ETHICS – is a branch of moral science, which
treats of the duties which an attorney owes to the court,
to the client, to his colleagues in the profession and to
the public as embodied in the Constitution, Rules of
Court, the Code of Professional Responsibility,
Canons of Professional Ethics, jurisprudence, moral
laws and special laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme Court Decisions
3. Constitution
4. Treatises and publications
5. Statistics
Present Basis of the Philippine Legal System:
Code of Professional Responsibility.
1. BAR - Refers to the whole body of attorneys and
counselors, collectively the members of the legal
profession
2. BENCH- denotes the whole body of judges
3. Practice of Law – 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 give notice
or render any kind of service, which device or
service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod,201
SCRA 210).
4. Attorney-at-law/Counsel-at-
law/Attorney/Counsel/ Abogado/Boceros:
that class of persons who are licensed officers of
the courts, empowered to appear, prosecute and
defend; and upon whom peculiar duties,
responsibilities, and liabilities are developed by
law as a consequence (Cui v. Cui, 120 Phil.
729).
5. Attorney in fact –
an agent whose authority is strictly limited by the
instrumentappointing him, however, he may do
things not mentioned in his appointment but are
necessary to the performance of the duties
specifically required of him by the power of
attorney appointing him, such authority
being necessarily implied. He is not necessarily
a lawyer.
6. Counsel de Oficio –a counsel, appointed
or assigned by the court, from among members
of the Bar in good standing who, by reason of
their experience and ability, may adequately
defend the accused.
Note: In localities where members of the Bar are
not available, the court may appoint any person,
resident of the province and good repute for
probity and ability, to defend the accused. Sec.
7, Rule 116, Rules of Court.
7. Attorney ad hoc –a person named and
appointed by the court to defend an absentee
defendant in the suit in which the appointment is
made (Bienvenu v.
Insurance Cp., 33 La.Ann.209)
8. Attorney of Record -one who has filed a notice
of appearance and who hence is formally
mentioned in court records as the official
attorney of the party. Person whom the client
has named as his agent upon whom service of
papers may be made. (Reynolds v. Reynolds,
Cal.2d580).
9. Of Counsel –to distinguish them from attorneys
of record, associate attorneys are referred to as
“of counsel” ( 5 Am. Jur. 261).
10. Lead Counsel –The counsel on their side of a
litigated action who is charged with the principal
management and direction of a party’s case.
11. House Counsel –Lawyer who acts as attorney
for business though carried as an employee of
that business and not as an independent lawyer.
12. Bar Association– an association of members of
the legal profession.
13. Advocate –The
general and popular name for a lawyer who plea
ds on behalf of someone else.
14. Barrister (England) – a person entitled to
practice law as an advocate or counsel in
superior court.
15. Proctor (England) – Formerly, an attorney in the
admiralty and ecclesiastical courts whose duties
and business correspond to those of an attorney
at law or solicitor in Chancery.
16. Titulo de Abogado -
it means not mere possession of the
academic degree of Bachelor of Laws
but membership in the Bar after due admission t
hereto, qualifying one for the practice of law.
ADMISSION TO THE PRACTICE OF LAW
The Supreme Court has the power to control and
regulate the practice of law. Thus, the Constitution,
under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the
following powers:
(5) Promulgate rules concerning the protection a
nd enforcement of constitutional rights, pleading,
practice and procedure in all courts, the
admission to the practice of law, the Integrated
Bar, and legal assistance to the
under privileged.
The Supreme Court acts through a Bar Examination
Committee in the Exercise of his judicial function to
admit candidates to the legal profession.
The Bar Examination Committee:
•Composed of (1) member of the Supreme Court who
acts as Chairman and eight (8) members of the bar.
•The 8 members act as examiners for the 8 bar subjects
with one subject assigned to each.
•The Bar Confidant acts as a sort of liaison officer
between the court and the Bar Chairman on the other
hand, and the individual members of the committee on
the other. He is at the same time a deputy clerk of court.
•Admission of examinees is always subject to the final
approval of the court.
Practice of Law
The practice of law is a PRIVILEGE granted only
to those who possess the STRICT INTELLECTUAL AND
MORAL QUALIFICATIONS required of lawyers who are
instruments in the effective and efficient
administration of justice. (In Re: Argosino,1997).
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.” ( Cayetano vs.
Monsod, 201 SCRA 210 citing 111 ALR 23).
Requirements for admission to the Bar:
1. Citizen of the Philippines
2. At least 21 years old2
3. Of good moral character
4. Resident of the Philippines
5. Production before the Supreme Court satisfactory
evidence of:
a. Good moral character
b. No charges against him, involving moral
turpitude, have been filed or are pending in any court in
the Philippines.
Requirement of Good Moral Character:
a continuing requirement; good moral character is not
only a condition precedent for admission to the legal
profession, but it must also remain intact in order to
maintain one's good standing in that exclusive and
honored fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
1. A bachelor’s degree in arts and sciences (pre-law
course)
2. A completed course in:
a. Civil law
b. Commercial law
c. Remedial law
d. Public international law
e. Private international law
f. Political law
g. Labor and social legislation
h. Medial jurisprudence
i. Taxation
j. Legal ethics
Non-lawyers who may be authorized to appear in
court:
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)
2. Before any other court : Party to the litigation, in
person (Ibid.)
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
school’s 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.
5. Under the Labor code, non-lawyers may appear
before the NLRC or any Labor Arbiter, if a. They
represent themselves, or if b. They represent
their organization or members thereof (Art 222,
PO442, as amended).
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral Court
(Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private pra
ctice of Law in thePhilippines:
1. Judges and other officials as employees of the
Supreme Court (Rule 148,Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva,
14 SCRA 109).
4. President, Vice-
President, members of the cabinet, their deputie
s and assistants (Art. VIII Sec. 15, 1987
Constitution).
5. Members of the Constitutional Commission
(Art IX-A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8
(2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A.
No. 7160, Sec. 90).
8. Those prohibited by special law
Public officials with Restrictions in the Practice of
Law
1. No Senator as member of the House
of Representative may personally
appear as counsel
before any court of justice as before the Electora
l Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14,1987
Constitution).
2. Under the Local Government Code (RA 7160,
Sec. 91) Sanggunian members may practice
their professions provided that if they are
members of the Bar, they shall not:
a. Appear as counsel before any court in
any civil case wherein local
government unit or any office, agency,
 or instrumentality of the government is
the adverse party;
b. Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused
of an offense committed in relation to his
office;
c. Collect any fee for their appearance in a
dministrative proceedingsinvolving the
local government unit of which he is an
official;
d. Use property and personnel of the gover
nment except when theSanggunian me
mber concerned is defending the interes
t of thegovernment.
3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
government, cannot act as counsel in any civil
case in which the Government, or any of its
subdivision or agencies is the adverse party or
in a criminal case wherein an officer or
employee of the Government is accused of an
offense in relation to his office.

Attorney’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 willingly nor wittingly 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.”
(Form 28, RRC)

Nature of Lawyer's Oath

• The lawyer's oath is not mere facile words, drift and
hollow, but a sacred trust that must be upheld and kept
inviolable. (Sebastian vs. Calis, 1999)
• It is NOT a mere ceremony or formality for practicing
law. Every lawyer should at all times weigh his actions
according to the sworn promises he made when taking
the lawyer's oath. (In Re: Argosino, 1997, In Re: Arthur
M. Cuevas, 1998)