Legal Ethics and Practical Exercises escape its notice, and in regard to which it might go

wrong.
I. Introduction 7. Bench – means the judiciary.
A. Definition of Terms 8. Bar – refers to the legal profession.
1. Lawyer – a member of the Philippine bar; counsel or
attorney-at-law; class of persons who by license are
officers of the court and who are empowered to appear, B. Power to regulate Practice of Law
prosecute and defend and on whom peculiar duties,
responsibilities and liabilities are devolved b law as - The Constitution vests this power of control and regulation in the
consequence. (Cui v. Cui) SC.

2. Practice of Law – see Ulep v. Legal Clinic - Even in the absence of such constitutional provision, the right to
define and regulate the practice of naturally and logically belongs
3. Legal Ethics – is the embodiment of al principles of to the judiciary represented by the high tribunal since the practice
morality and refinement that should govern the conduct of law is inseparably connected with the exercise of its judicial
of every member of the bar; living spirit of the profession, power in the administration of justice.
which limits yet uplifts it as a livelihood; branch of moral
science which treats of the duties which an attorney owes - Power of the SC to regulate the practice of law includes:
to the court, to his client, to his colleagues in the
1. Authority to define the practice of law;
profession and to the public.
2. Prescribe the qualifications of a candidate to and the subjects of
4. Counsel de Parte – is an attorney retained by a party
the bar examination;
litigant, usually for a fee, to prosecute or defend his court
in court. Implies freedom of choice either on the part of 3. Decide who will be admitted to practice
the litigant to continue or terminate the retainer at any
time. 4. Discipline, suspend, or disbar any unfit and unworthy member of
the bar;
5. Counsel de oficio – is an attorney appointed by the
court to defend an indigent defendant in a criminal action 5. Reinstate any disbarred or indefinitely suspended attorney;
or to represent a destitute party in a case.
6. Ordain the integration of the Philippine Bar;
6. Amicus Curiae – is an experienced and impartial
7. Punish for contempt any person for unauthorized practice of law;
attorney invited by the court to appear and help in the
disposition of issues submitted to it. It implies the friendly 8. In general, exercise overall supervision of the legal profession.
intervention of counsel to call the attention of the court to
some matters of law or acts which might otherwise
 C. Nature of Office of Attorney
- A lawyer occupies what may be called a quasi-judicial office
because he is in fact an officer of the court, whose close and
intimate relationship with the bench is best described by hat
phrase.
- Membership in the bar is a privilege burdened with conditions, one
of the most important of which is mindfulness that a lawyer is an
officer of the court.
- He is primarily an officer of the court, a minister in the temple of
justice, whose high vocation is to correctly inform the court upon
the law and the facts of a case and to assist it in administering
impartial justice and arriving at a correct conclusion.
- A lawyer is an oath-bound servant of society whose conduct is
clearly circumscribed by inflexible norms of law and ethics, and
whose primary duty is the advancement of the quest of truth and
justice, for which he has sworn to be a fearless crusader.
D. Privileges of Attorney
- A lawyer has the privilege and right to practice law during good
behaviour before any judicial, quasi-judicial or administrative
tribunal.
- An attorney enjoys the presumption of regularity in the discharge of
his duty.
- He can speak freely and courageously in the course of judicial
proceedings without the risk of incurring a criminal prosecution or
an action for damages.
- He has the right to protest, in a respectful language, any
unwarranted treatment of a witness or any unjustified delay in the
administration of justice.
- He is allowed great latitude of pertinent comment in the
furtherance of the causes he upholds.
- The makes his passing the bar examination equivalent to a first-
grade civil service eligibility for any position in the classified service
in the government the duties of which require knowledge of law, or
a second grade civil service eligibility for any other government
position which does not prescribe proficiency in law as a
qualification.
E. Duties of Office
- It is his duty to maintain allegiance to the RP and to support the
Constitution and obey the law;
- To observe and maintain the respect due the courts of justice and
judicial officers;
- To counsel or maintain such actions or proceedings only as he
believes to be honestly debatable under the law;
- To employ, for the purpose of maintaining the causes confided in
him, such means only as are consistent with truth and honor, and
never lead the judge or any judicial officer by an artifice or false
statement of fact or law.
- He is to maintain inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client, and to accept no
compensation in connection with his client’s business except from
him or with his knowledge and approval.
- To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged.
- Not to encourage either the commencement or the continuance of
an action or proceeding, or delay any man’s cause, for any corrupt
motive or interest.
- Never to reject, for any consideration personal to himself, the cause
of the defenseless or the oppressed
- In the defense of a person accused of a crime, by all fair and
honourable means, regardless of his personal opinion as to the guilt
of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due
process of law.
F. Practice of Law, A profession
- The practice of law is a profession, a form of public trust, and the
performance of which is entrusted only to those who are qualified
and who possess good moral character.
- Both lawyers and laymen must recognize and realize that the legal
profession is a profession and not a trade, and that the basic ideal
of that profession is to render public service and secure justice for
those who seek its aid.
- The law as profession proceeds from basic premise that
membership in the bar is a privilege burdened with conditions and
carries with it the responsibility to live up to its exacting standards
and honoured traditions.
- The Code of Professional Responsibility, particularly the ethical rule
against advertising or solicitation of professional employment, rests
on the fundamental postulate that practice of law is a profession.
G. When Appearance by counsel not obligatory
- In Municipal trial court, a party may conduct his litigation in person
or with the aid of an agent or friend appointed by him for that
purpose or with the aid of an attorney.
- In the Regional Trial Court and Appellate Courts, a party in a civil
suit may either conduct his litigation personally or by attorney
unless the party is a juridical person, in which case it may appear
only by attorney.
- In administrative proceedings, the right to counsel is not
indispensable to due process.
- The rule that appearance by counsel is not obligatory applies only
in civil and administrative cases. The rule does not apply in criminal
cases involving grave and less grave offenses, where an accused
must be represented by counsel de parte or counsel de oficio and in
which his right to counsel is not waivable.
CASES:
Alawi v. Aluya:
As regards Alauya’s use of the title of “Attorney”, this Court
has already had occasion to declare that persons who pass the
Shari’a Bar are not full-fledged members of the Philippine Bar,
hence may only practice law before Shari’s courts. While one who
has been admitted to the Shari’a Bar, and one who has been
admitted to the Philippine Bar, may both be considered
“counsellors”, in the sense that they give counsel or advice in a
professional capacity, only the latter is an “attorney.” The title of
“attorney” is reserved to those who, having obtained the necessary
degree in the study of law and successfully taken the Bar
Examinations, have been admitted to the Integrated Bar of the
Philippines and remain members thereof in good standing; and it is
they only who are authorized to practice law in this jurisdiction.
In Re Almacen:
Well-recognized is the right of a lawyer, both as an officer of
the court and as citizen, to criticize in properly respectful terms and
through legitimate channels the acts of courts and judges.
As a citizen and as officer of the court, a lawyer is expected
not only to exercise the right, but also to consider it is duty to avail
of such right. No law may abridge this right. Nor is he
“professionally answerable for a scrutiny into the official conduct of
the judges, which would not expose him to legal animadversion as
a citizen. Atty. Almacen is suspended from the practice of law until
further orders.
In Re Cunanan:
That the portion of art. 1 of R.A. 972 referring to the
examinations of 1946 to 1952 and all of art. 2 of the said law are
unconstitutional and therefore void and w/o force and effect.
The part of ART 1 that refers to the examinations
subsequent to the approval of the law (1953- 1955) is valid and
shall continue in force. (those petitions by the candidates who failed
the bar from 1946 to 1952 are denied, and all the candidates who
in the examination of 1953 obtained a GEN Ave. of 71.5% w/o
getting a grade of below 50% in any subject are considered as
having passed whether they have filed petitions for admissions or
not.)
Ulep v. Legal Clinic, Inc.:
Practice of law means any activity, in or out of court, which
requires the application of law, legal procedures, 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 of law is to give advice or render any kind of
service that involves legal knowledge or skill. The practice of law is
not limited to the conduct of cases in court. It includes legal advice
and counsel, and the preparation of legal instruments and contracts
by which legal rights are secured, although such matter may or
may not be pending in a court.
Cayetano v. Monsod:
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 of law is to give notice or render any kind of service
requires the use in any degree of legal knowledge or skill. Xxx
interpreted in the light of the various definitions of the term
“practice of law”, particularly the modern concept of law practice,
and taking into consideration the liberal construction intended by
the framers of the Constitution, Atty. Monsod’s past work
experience as a lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both the rich and the poor-verily more than
satisfy the constitutional requirement- that he has been engaged in
the practice of law for at least ten years.
Freedom of speech: Integration does not make a lawyer a
member of any group of which he is not already a member. He
became a member of the Bar when he passed the Bar
examinations. All that integration actually does is to provide an
official national organization for the well-defined but unorganized
and incohesive group of which every lawyer is already a member.

Valencia v. Cabanting: Regulatory Fee: A membership fee in the Integrated Bar is

Membership in the Bar is a privilege burdened with
conditions. By far, the most important of them is mindfulness that a
lawyer is an officer of the court. This Court may suspend or disbar a
lawyer whose acts show his unfitness to continue as a member of
the Bar. Disbarment, therefore, is not meant as punishment
depriving him of a source of livelihood but is rather intended to
protect the administration of justice by requiring that those who
exercise this function should be competent, honourable and reliable
in order that courts and the public may rightly repose confidence in
them, Atty. Antiniw failed to live up to the high standards of the law
profession.
an exaction for regulation, while the purpose of a tax is revenue. If
the Court has inherent power to regulate the Bar, it follows that as
an incident to regulation, it may impose a membership fee for that
purpose.
Freedom of Speech: Since a State may constitutionally
condition the right to practice law upon membership in the
Integrated Bar, it is difficult to understand why it should become
unconstitutional for the Bar to use the member’s dues to fulfil the
very purposes for which it was established.

In Re Integration of the Bar:

The Court is of the view that it may integrate the

Philippine Bar in the exercise of its power, under Article VIII, Sec. 13
of the Constitution, “to promulgate rules concerning pleading,
practice, and procedure in all courts and the admission to the
practice of law.”