Note: The candidate must hold and continue to possess 2ood

oral áharacter even after he has been admitted to the LP.

A branch of moral science which treats of the duties which an
attorney owes Pass the ºar
To the court Take Lawyer͛s Oath
To his client Signing of the Roll of Attorneys
To his colleagues in the LP ssuance of a certificate of
To the public membership

   The practice of law is not a property natural or

(1) 2uard against the abuses and ills of the LP constitutional right but a mere privilege.
(2) Raise the standard of the LP Who are entitled to practice law:
(3) Encourage and enhance the respect for law Any person duly admitted as a member of the bar
(4) Assume and effective and efficient administration of and who is in good and regular standing
justice
(5) Assist in keeping and maintenance of law and order c £
(6) Provides for basis for the weeding out of the unfit
and misfit in the LP for the protection of the public ð
 

To engage in the practice is to do any of those acts
£   which are characteristic of the LP
(1) áanons of professional ethics
(2) Supreme áourt decisions ð
 c




(3) Statutes (áá RPá etc) t covers any activity in or out of the court which
(4) áonstitution requires the application of law legal principles
(5) Treatises and publications practice or procedure and calls for legal knowledge
training and experience.
££c ££  c£ 
ÿ ain basis of our LE ð
 c
 

ÿ -une 21 1988 mplies the customary or habitual holding of oneself
ÿ mportance: it has provided the LP an impression of to the public as a lawyer and demanding
identity and sense of independence attuned to the compensation for his legal services; it is frequent
local traditions practices and customs in the Phils. habitual exercise

£ £c £ ð
 á  


ÿ The constitutional power to admit candidates in the #
 "$!*!$
+!#,$",$+-(!"(.,!%$(
LP is a judicial function and involves the exercise of  !" $!# -+ 
"&,+/#- &
+
discretion $ !#!#
+ #&0!#"1
ÿ ºar Examination áommittee:
- áhairman To practice law is to give notice or render any kind of
- 8 members of the bar who act as service which device or service requires the use in
examiners in the 8 bar subjects any degree of legal knowledge or skill.

     !" #$% &'!%%!#$$( Dissenting opinions to the áayetano vs onsod ruling:
 (1) -ustice Hugo 2utierrez:
(1) áitizen of the Phils. The practice envisioned is active and regular not
(2) At least 21 years old isolated occasional accidental intermittent
(3) 2ood moral character incidental seasonal or extemporaneous
(4) Resident of the phils. (2) -ustice Teodoro Padilla:
(5) ust produce before the Sá satisfactory evidence of To practice law or any profession for that matter
good moral character means to exercise or pursue an employment or
(6) No charges against the applicant involving moral profession actively habitually repeatedly or
turpitude have been filed or are pending in any court customarily.
in the Phils. (3) -ustice sagani áruz:
The effect of the definition given in the ponencia is
[ ) to consider virtually every lawyer to be engaged in
áivil Law the practice of law even if he does not earn his living
áommercial Law as a lawyer. t is enough that his activities are
Remedial Law incidentally connected with some law ordinance or
áriminal Law regulation.
Public and Private nternational Law (4) Atty. Ernesto Pineda (author of book)
Political Law To engage in the practice of law he must be in
Labor and Social Legislation actual active and habitual exercise of his legal
edical -urisprudence knowledge or skill specially in court appearances and
Taxation pleadings and this is done generally for
Legal Ethics compensation

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 #3 -
%-(  ,$(!4&$  !#",$ ££    5 £
(1) n cases before the uTá £ 
a party may conduct his own case or litigation in
person with the aid of an agent or friend appointed (1) To maintain allegiance to the country
by him to support the áonstitution
(2) ºefore any other court to obey the laws of the Phils.
a party may conduct his own litigation (2) To observe and maintain the respect due to the
(3) n a criminal case before a uTá where there is no courts of justice and judicial officers
available licensed member of the bar (3) To counsel or maintain actions that are just and
the judge may appoint a non-lawyer who is a such defenses that are honestly debatable
resident of that province of good repute for probity (4) To employ means that are consistent with truth and
and ability to aid the accused in his defense honor
(4) A senior law student under the direct supervision (5) To maintain inviolate the confidence and preserve
and control of an ºP member duly accredited by the the secrets of his client
law school (6) To abstain from all offensive personality
(5) Under the Labor áode (7) Not to encourage action or proceeding or delay any
non-lawyers may appear before the NLRá arbiter if man͛s cause from any corrupt motive or interest
(a) they represent themselves (2) they represent (8) Never to reject the defenseless or oppressed
their organization or (3) they are duly accredited (9) To be in the defense of a person accused of crime
members of any legal aid office duly recognized by regardless of his personal opinion as to the guilt of
the DO- or ºP the accussed.
(6) Under the áadastral Act
a non-lawyer can represent a claimant before the ££c ££  c£ 
áadastral áourt ),#2+6[[
(7) Any person appointed to appear for the 2overnment
of the Phils. in accordance with law
(8) A non-lawyer may represent a party before the DAR áanon 1. c£$("#%$!$,$!#+
Adjudication ºoard c£c ££%"$ - #& 
"%%%
£$( -%$( #&

c££ £c   Rules

c 1.01 $#

!#,# -, "#&,"$

(1) -udges and other officials/employees of the Sá 1.02 $",#% !#&! #" -
(2) O/E of the Office of the Solicitor 2eneral
(3) 2ov͛t prosecutors 1.03 $&
 #
' #7%" ,%
(4) President VP áabinet members their deputies and 
assistants 1.04 #&"#$*%
! !%$$ '#$
(5) embers of the áonstitutional áommission
(6) Ombudsman and his deputies árimes involving £  c:
(7) All governors city and municipal mayors (1) Estafa
(8) Those who by special law are prohibited from (2) ºribery
engaging in the practice of their LP (3) urder
(4) ºigamy
(5) áoncubinage
c£  £  c £ (6) Abduction
 (7) Smuggling
(8) Falsification of public documents
(1) No Senator or ember of the House of (9) Violation of ºP blg. 22
Representatives may personally appear as counsel
before any court of justice electoral tribunal or Some cases of £  #&:
quasi-judicial bodies (1) isappropriation of client͛s funds
(2) Sanggunian members who practice law shall not: (2) Act of fraudulently concealing dutiable importation
a. Appear as counsel in civil cases against a or smuggling
local govt unit (3) 2iving false statements under oath
b. Appear as counsel in a criminal against (4) Wanton falsehood in attaching affidavit of a person
against a O/E of the nat͛l/local govt known to him as deceased
c. áollect any fee for appearance in (5) aneuvering reconveyance of property in the name
administrative proceedings involving the of the lawyer instead of the client
L2U (6) Submission/presentation of mutilated copies of docs
d. Use govt property and personnel except to deceive or mislead the court
when defending the interest of the govt (7) Falsification of grades in the bar examinations
e. A retired justice/judge receiving pension (8) áollecting fees on the pretense that counsel would
from the govt cannot act as counsel in a civil allegedly appeal even if lawyer knows the decision is
case against the govt unappealable because it͛s already final
 (9) nducing someone to buy a piece of land knowing it͛s
not for sale

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2
  
 (10) Delayed failure to account money collected for the
client
(11) Stealing evidence attached to the court records
(12) Adamant refusal to return money he received but nstances of  ££ :
intended for a party and issuing a bouncing check in (1) Abandonment of wife and cohabiting with another
payment therefor woman (disbarred)
(13) Notarization of a falsified deed of sale of his client͛s (2) ºigamy perpetrated by the lawyer (disqualification
property from admission to bar)
(14) isappropriating the settlement amount which he (3) Lawyer with carnal knowledge with a woman
received for the client through promise to marry which he did not fulfill
(disbarred)
£  (4) Seduction of a woman who is the niece of a married
ÿ Îuality of a human act whereby it measures up to woman whom the respondent lawyer had
what it should be as a step towards the objective last adulterous relations (disbarred)
end of human action or fails so to measure up (5) Lawyer arranging marriage of his son to a woman
ÿ Human acts are good or evil inasmuch as they agree with whom the lawyer had illicit relations (disbarred)
or conflict with the Divine Reason (6) Lawyer inveigling a woman into believing hat they
had been married civilly to satisfy his carnal desires
(disbarred)
5  £ 9  (7) Lawyer taking advantage of his position to have
9, $!' $ £ ££  carnal knowledge with a student with the threat that
he will flunk the student (disbarred)
The Norm of orality is remotely and ultimately (but (8) áoncubinage coupled with failure to support
primarily) the Eternal Law; while proximately (but secondly) legitimate children (suspended)
it is áonscience. (9) aintaining adulterous relationship with a married
woman (suspended indefinitely)
n reality there are not two norms but only one; for (10) Delivering bribe money to a judge on request of
conscience is the judgment of human reason recognizing and clients (lawyer-sternly warned; judge-dismissed)
applying the Eternal Law in individual acts. (11) Seducing a woman through promise of marriage by
a married lawyer (disbarred)
A human act to be a morally good act must be found in
agreement with the Norm of orality on all three points i.e.   
it must be good in itself or objectively ÿ s the offense of frequently exciting and stirring up
in its end and quarrels and suits either at law or otherwise
in its circumstances
  
£  ÿ Figuratively speaking is the lawyer͛s act of chasing
ÿ Doing of an act which is contrary to conscience an ambulance carrying the victim of an accident for
the purpose of talking to the said victim or relatives
£  c and offering his legal services for the filing of a case
ÿ Done contrary to justice honesty modesty or good against the person who caused the accident.
morals
Evils spawned by ' , #""( %!#
:
£ £  (1) Fomenting or litigation with resulting burdens on the
ÿ áonduct which is willful flagrant shameless and court and the public
which shows moral indifference to the opinion of the (2) Subornation of perjury
good and respectable members of the community (3) ulcting of innocent persons by judgments upon
manufactured cases of actions
£    (4) Defrauding of injured persons having proper causes
ÿ s what a person really is and now what he or other of actions but ignorant of legal right and court
people think he is procedure by means of contracts which retain
ÿ s not a subjective term but one which corresponds exorbitant percentages of recovery and illegal
to objective reality charges for court costs and expenses and against the
ÿ ncludes at least common honesty just rights of the injured persons.
ÿ One͛s own approximation of himself is not a gauge
to his moral character Some instances of  condemned by the Sá:
(1) Resort to technicalities as a means to frustrate
££ c£  justice
ÿ From the opinion generally entertained of him the (2) ºefuddling of the issues in the case by counsel which
estimate in which he is held by the public in the invariably will be exposed for what they are
place where he is known. (3) Filing of multiple or repetitious petitions
(4) Filing of several actions covering the same subject
 ££  matter or seeking substantially identical relief
ÿ Unquestionably so corrupt or unprincipled (5) Filing frivolous appeals for purposes of delay; an
improper step often taken as a means of draining
the resources of the poorer party and compelling
him to submit out of sheer exhaustion

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8
  
 (6) Filing of motions for postponement and other kinds (2) He owes it to his profession to take an active interest
of motions for dilatory purposes; in the maintenance of high standards of legal
(7) ndiscriminate filing of suits against a party clearly education
intended for harassment (3) He owes it to the lay public to make the law a part of
áanon 2.   and "onvenient gal %ervices their social consciousness
EáoLes with with  c  +   and Supreme áourt has given renewed significance to the
E of prof͛n 5  of the profession obligations to:
(1) Encourage and foster legal education
Rules (2) Devise and maintain a program of continuing legal
2.01 $:"$&#% %%%%& education for practicing attorneys in order to elevate
the standards of the profession throughout the
2.02 $,% 
 &*!%!" %#$ ""$& country
 (3) áonduct campaigns to educate the people on their
2.03  $% !"!$ 
 ,%!#%% legal rights and obligations on the importance of
 preventive legal service and on the true functions of
2.04 e $"( 
 - $%$( #%"! & the Filipino lawyer

Legal aid is not a matter of charity but a public responsibility. áanon 6.  ##% 
$ -
%!#$(£5  
Practice of law is a Profession not a money-making trade.  5!#$(&!%"( 
$(!!"! $ %/%

Difference of Legal Profession from ºusiness: Rules:
(1) A duty of public service (emolument is by-product) 6.01 c, !"c ££ !%#$$"#*!"$+ ,$$%
(2) An ͞officer of court͟ which assists in the $( $:,%$!" &#1,%%!# "$% #&
administration of justice "#" '#$-!$#%%"  %$ !%(!#

(3) Highest degree of fiduciary relationship with client !##"#" "",%&!%#$ -&
(4) Relationship to colleagues with candor and fairness 
6.02 $,%(!%cc££ $'$
ºEST ADVERTSEENT FOR A LAWYER: c 5  
A well-deserved reputation for áOPETENáE HONESTY 
AND FDELTY to private trust and public duty 6.03 $5 £57 5+%( #$ ""$
#

'#$' 
'#$!#-(!"((*!,%

!#$*#&-(! !#
*7$%*!"
áanon 3. Use  +£ + + 
and objective information or  £ RA 6713: áode of conduct and ethical standards of public
 officials

Rules: Norms of public officials:

3.01 $,% %+ ,&, #$%$ $'#$
&!#
(!% (1) áommitment to public interest
., !!" $!#% (2) Professionalism
3.02   %+'!%  &!#
# '!#"(!"!'# '1 (3) Political neutrality
ay use deceased partner͛s name but write that (4) Responsiveness to the public
he͛s deceased in all communications (5) Nationalism and patriotism
3.03 !$(& -'!'-(#  $# ""$% (6) áommitment to democracy
, !"!" unless law allows him to practice (7) Simple living
concurrently
3.04 $
' %%'&! !#$,#, !"!$
áanon 7. c£$(   #& $(
c ££  #&%,$ "$!*!$!%c
ºest advertisement for a lawyer: 
Rules:
Establish a well-merited reputation for 7.01   /#-!#

' /!#
 %
professional capacity and fidelity to trust %$ $'#$%!#"##"$!#-!$(  !" $!# 
7.02 $%,$  !" $!#$ &'!%%!#$ 
áanon 4. c $!"! $!#$(c £5  /#-#
(!'$ ,#., !!&

!#!$! $!#
$%!# £  7.03 $ ( *!#%" #& ,%' ##$&!%"&!$
 %%!#
áanon 5. ;  %$5£c + 
  $!"! $!#£   £  áanon 8. #&,"$(!'% -!$(£ + + #&
c £ +  £ $- &%(!%%%!# " 
,%+ #&
 %,$$%$ "(!*   *!&(  %%!#
$ "$!"%
!#%$%!#
",#% 
££ #& "$!" $ !#!#
 - 
%$,&#$%+ Rules:
 %%!%$!#&!%%'!# $!#
!#' $!#
&!#
$( 8.01 $,%5+£ 5 
 #&) c   8.02 $+!#&!"$
+#" "(,#' 
'#$
 #$( -
<(-*+!$!%$(!
($ #

3 Obligations of lawyers: -
$
!* &*!"$$(%%/!#
 !
(1) He owes it to himself to continue improving his
!#%$ #,# !$(, #
"$, ",#% 
knowledge of the law 

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