Non-lawyers who may be authorized to appear in court:
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 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.
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).
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:
1. resident of the province
2. 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
1. they represent themselves, or if
2. they represent their organization or members
thereof (Art 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court.
Main Objectives of Disbarment and Suspension: 7. corrupt or willful appearance as attorney for a party to
case without authority to do so (Sec. 27, Rule 138, RRC)
1. to compel the attorney to deal fairly and honestly with his
clients;
2. to remove from the profession a person whose misconduct
has proved him unfit to be entrusted with the duties and Procedure for Disbarment
responsibilities belonging to the office of an attorney;
3. to punish the lawyer; 1. Institution either by:
4. to set an example or a warning for the other members of 2. the Supreme Court, motu proprio, or
the bar; 3. the IBP, motu proprio, or
5. to safeguard the administration of justice from 4. upon verified complaint by any person
incompetent and dishonest lawyers; 5. Six copies of the verified complaint shall be filed with the
6. to protect the public Secretary of the IBP or Secretary of any of its chapter and
shall be forwarded to the IBP Board of Governors.
Characteristics of Disbarment Proceedings: 6. Investigation by the National Grievance Investigators.
7. Submission of investigative report to the IBP Board of
1. Neither a civil nor criminal proceedings; Governors.
2. Double jeopardy cannot be availed of in a disbarment 8. Board of Governors decides within 30 days.
proceeding; 9. Investigation by the Solicitor-General
3. It can be initiated motu propio by the SC or IBP. It can be 10. SC renders final decision for
initiated without a complaint; disbarment/suspension/dismissal.
4. It is imprescriptible;
5. Conducted confidentially; Remedies against unauthorized practice of law:
6. It can proceed regardless of the interest of the lack thereof
on the part of the complainant; 1. Declaratory Relief
7. It constitutes due process. 2. Petition for Injunction
3. Contempt of Court
Grounds for Disbarment or Suspension: 4. Criminal Complaint for Estafa
5. Disqualification and complaints for disbarment
1. deceit; 6. Administrative complaint against the erring lawyer
2. malpractice or other gross misconduct in office; or government official
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a superior
court;
 Retaining Lien Charging Lien 5. The probability of losing other employment as a result
1. Nature Passive Lien: It cannot Active Lien: It can be of acceptance of the proffered case;
be actively enforced. It enforced by execution. It
is a general lien is a special lien. 6. The customary charges for similar services and the
2. Basis Lawful possession of Securing of a favorable schedule of fees of the IBP chapter to which he
papers, documents, money judgment for the belongs;
property belonging to client.
client.
7. The amount involved in the controversy and the
3. Coverage Covers only papers, Covers all judgments for benefits resulting to the client from the services;
documents and property the payment of money and 8. The contingency or certainty of compensation;
in the lawful possession executions issued in 9. The character of the employment, whether occasional
of the attorney by reason pursuance of such
of his professional judgments. or established; and
employment 10. The professional standing of the lawyer.
4. When Lien As soon as the attorney As soon as the claim for
takes effect gets possession of the attorney’s fees had been
papers documents or entered into the records of
property the case
Kinds of Payment which may be stipulated upon:
5. Notice Client need not be Client and adverse party
notified to make it must be notified to make it
effective effective 1. a fixed or absolute fee which is payable regardless of
6. Applicability May be exercised before Generally, it is exercisable the result of the case
judgment or execution or only when the attorney had 2. a contingent fee that is conditioned to the securing of a
regardless thereof. already secured a favorable
judgment for his client
favorable judgment and recovery of money or property
and the amount of which may be on a percentage basis
3. a fixed fee payable per appearance
Rule 20.01 – A lawyer shall be guided by the following 4. a fixed fee computed by the number of hours spent
factors in determining his fees: 5. a fixed fee based on a piece of work
1. The time spent and the extent of the services rendered
or required.
2. The novelty and difficulty of the questions involved;
3. The importance of the subject matter;
4. The skill demanded;
DISQUALIFICATIONS New Code of Judicial Conduct

Rule 3.12 – A judge should take no part in proceeding Canon 1: Independence

where the judge’s impartiality might reasonably be Canon 2: Integrity
questioned. These cases include, among others, Canon 3: Impartiality
proceedings where; Canon 4: Propriety
Canon 5: Equality
1. the judge has personal knowledge of disputed Canon 6: Competence and Diligence
evidentiary facts concerning the proceeding;
2. the judge served as executor, administrator, guardian,
trustee or lawyer in the case or matters in controversy, The grounds for impeachment are:
or a former associate of the judge served as counsel 1. culpable violation of the Constitution
during their association, or the judge or lawyer was a 2. treason
material witness therein; 3. bribery
3. the judge’s ruling in a lower court is subject of review 4. graft and corruption
4. the judge is related by consanguinity or affinity to a 5. other high crimes
party litigant within the 6th degree or to counsel within 6. betrayal of public trust
the 4th degree;
5. the judge knows that the judge’s spouse or child has a
These grounds are exclusive and offenses not
financial interest, as heir, legatee, creditor, fiduciary, or
falling within these parameters shall not be sufficient
otherwise, in the subject matter in controversy or in a
for impeachment purposes.
party to the proceeding, or any other interest that could
be substantially affected by the outcome of the
proceeding.

In every instance the judge shall indicate the legal reason for inhibition.

 Petition to disqualify judge must be filed before rendition of

judgment by the judge; can’t be raised first time on appeal.
 If a judge denies petition for disqualification, the ultimate test:
is whether or not the complaint was deprived of a fair and
impartial trial. Remedy: seek new trial.