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Non-lawyers who may be authorized to appear in court:

Lawyer’s Oath
1. Cases before the MTC: Party to the litigation, in person
I, ___________, do solemnly swear that I will maintain OR through an agent or friend or appointed by him for that
allegiance to the Republic of the Philippines; I will purpose (Sec. 34, Rule 138, RRC)
support its Constitution and obey laws as well as the legal 2. Before any other court: Party to the litigation, in person
orders of the duly constituted authorities therein; I will do (Ibid.)
no falsehood, nor consent to the doing of any court; I will 3. Criminal case before the MTC in a locality where a duly
not wittingly nor willingly promote or sue any licensed member of the Bar is not available: the judge may
groundless, false or unlawful suit, or give aid nor consent appoint a non-lawyer who is:
to the same; I will delay no man for money or malice, and 1. resident of the province
will conduct myself as a lawyer according to the best of 2. of good repute for probity and ability to aid the
my knowledge and discretion with all good fidelity as accused in his defense (Rule 116, Sec. 7, RRC).
well to the courts as to my clients; and I impose upon 4. Legal Aid Program – A senior law student, who is enrolled
myself this voluntary obligations without any mental in a recognized law school’s clinical education program
reservation or purpose of evasion. So help me God. 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
Nature of Lawyer’s Oath shall be under the direct supervision and control of an IBP
member duly accredited by the law school.
 The lawyer’s oath is not mere facile words, drift and hollow,
5. Under the Labor code, non-lawyers may appear before the
but a sacred trust that must be upheld and kept inviolable.
(Sebastian vs. Calis, 1999) NLRC or any Labor Arbiter, if
 It is NOT a mere ceremony or formality for practicing law. 1. they represent themselves, or if
Every lawyer should at all times weigh his actions 2. they represent their organization or members thereof
according to the sworn promises he made when taking the (Art 222, PO 442, as amended).
lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M. 6. Under the Cadastral Act, a non-lawyer can represent a
Cuevas, 1998). 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 the 2. the Supreme Court, motu proprio, or
bar; 3. the IBP, motu proprio, or
5. to safeguard the administration of justice from incompetent and 4. upon verified complaint by any person
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 disbarment/suspension/dismissal.
initiated without a complaint;
4. It is imprescriptible; Remedies against unauthorized practice of law:
5. Conducted confidentially;
6. It can proceed regardless of the interest of the lack thereof on 1. Declaratory Relief
the part of the complainant;
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
1. deceit;
2. malpractice or other gross misconduct in office;
disbarment
3. grossly immoral conduct; 6. Administrative complaint against the erring
4. conviction of a crime involving moral turpitude; lawyer or government official
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 of
1. Nature Passive Lien: It cannot be Active Lien: It can be acceptance of the proffered case;
actively enforced. It is a enforced by execution. It is a
general lien special lien. 6. The customary charges for similar services and the schedule
2. Basis Lawful possession of Securing of a favorable of fees of the IBP chapter to which he belongs;
papers, documents, money judgment for the 7. The amount involved in the controversy and the benefits
property belonging to client.
client.
resulting to the client from the services;
3. Coverage Covers only papers, Covers all judgments for the 8. The contingency or certainty of compensation;
documents and property in payment of money and 9. The character of the employment, whether occasional or
the lawful possession of the executions issued in established; and
attorney by reason of his pursuance of such judgments.
professional employment 10. The professional standing of the lawyer.
4. When Lien As soon as the attorney gets As soon as the claim for
takes effect possession of the papers attorney’s fees had been
documents or property entered into the records of the
case
Kinds of Payment which may be stipulated upon:
5. Notice Client need not be notified Client and adverse party must
to make it effective be notified to make it
effective 1. a fixed or absolute fee which is payable regardless
6. Applicability May be exercised before Generally, it is exercisable of the result of the case
judgment or execution or only when the attorney had
regardless thereof. already secured a favorable 2. a contingent fee that is conditioned to the securing
judgment for his client of a favorable judgment and recovery of money or
property and the amount of which may be on a
Rule 20.01 – A lawyer shall be guided by the following factors percentage basis
in determining his fees: 3. a fixed fee payable per appearance
1. The time spent and the extent of the services rendered or 4. a fixed fee computed by the number of hours spent
required. 5. a fixed fee based on a piece of work
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 where
the judge’s impartiality might reasonably be Canon 1: Independence
questioned. These cases include, among others, proceedings Canon 2: Integrity
where;
Canon 3: Impartiality
1. the judge has personal knowledge of disputed evidentiary Canon 4: Propriety
facts concerning the proceeding; Canon 5: Equality
2. the judge served as executor, administrator, guardian,
trustee or lawyer in the case or matters in controversy, or a
Canon 6: Competence and Diligence
former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness
therein; The grounds for impeachment are:
3. the judge’s ruling in a lower court is subject of review
4. the judge is related by consanguinity or affinity to a party 1. culpable violation of the Constitution
litigant within the 6th degree or to counsel within the 4th 2. treason
degree; 3. bribery
5. the judge knows that the judge’s spouse or child has a
4. graft and corruption
financial interest, as heir, legatee, creditor, fiduciary, or
otherwise, in the subject matter in controversy or in a party 5. other high crimes
to the proceeding, or any other interest that could be 6. betrayal of public trust
substantially affected by the outcome of the proceeding.

In every instance the judge shall indicate the legal reason for inhibition. These grounds are exclusive and offenses
 Petition to disqualify judge must be filed before rendition of judgment not falling within these parameters shall not
by the judge; can’t be raised first time on appeal. be sufficient for impeachment purposes.
 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.