Professional Documents
Culture Documents
Practice of Law
1. Concept
a. Practice of law is not a natural, property or
constitutional right but a mere privilege to be extended or
withheld in the exercise of sound judicial discretion. It is a
privilege accorded only to those who measure up to certain
rigid standards of mental and moral fitness. But the right to
practice law, once granted, is a right in the sense that it
cannot be capriciously taken from a lawyer, without due
process of law.
b. Practice of law is a profession, a form of public
trust, the performance of which is entrusted only to those
who are qualified and who possess good moral character. It
is not a business, using bargain counter methods to reap a
large profit. The gaining of a livelihood is but a secondary
consideration.
3. Appearance of Non-lawyers
General Rule: Only lawyers may appear and
handle cases in court. Exceptions:
a. Student Practice Rule (Rule 138-A)
A 4th year law, enrolled in the schools clinical
legal education program approved by the
Supreme Court, may appear to represent indigent
clients , under direct supervision and control of a
member of the IBP duly accredited by the law
school.
b.. Non-lawyers authorized by the Supreme
Court
(1) In Municipal or Metropolitan Trial Courts, a
person may appear by
himself of through a
friend.
(2) In municipalities where no lawyer is
available, the MTC judge may appoint a person of
repute for integrity and competence to represent
a party in a criminal proceeding.
(3) In the RTC, a party may appear for himself
Rights of a lawyer
1. To practice law during his lifetime.
2. The first one to set the machinery of justice in
motion.
3. Presumption of regularity in his actions.
4. Deemed 1st grade Civil Service Eligible for all
positions
where knowledge of law is required, and 2nd
grade eligible
for any other position.
5 Considered worthy of trust and confidence of
the public, a leader in the community
1. Labor arbiter who issued TR0 and PMI without
authority.
( Lahn vs. Mayor, Jr. , A.C. 7430, Feb. 15, 2012).
2. DAR lawyer who issued writ of execution of
CLOA while notice of coverage was still pending
appeal (Berenguer-Landers vs. Atty.Florin A.C.
No. 5119, April 17, 2013)
3. Should the misconduct (Declaratory Relief) of
respondent as judge also warrant his disbarment
from the legal profession? We answer in the
affirmative. (OCA vs. Atty. Daniel B. Liangco, A.C.
5355, Dec. 13, 2011)
Rule 12.01 A lawyer shall not appear for trial unless he has
adequately prepared himself with the law and the facts of hi s
case, the evidence he will adduce and the order of its
profference. He should also be ready with the original
documents for comparison with the copies.
4. Duties to a client
Canon 14 A lawyer shall not refuse
his services to the needy.
a. Lawyer-client relationship strictly personal,
highly confidential and fiduciary.
b. Creation of lawyer-client relationship when
the advice of a lawyer is sought on a professional
matter, and he gives it.
Rule 14.01 A lawyer shall not decline to
represent a person solely on account of the latters
race, sex, creed or status of life, or because of his
own opinion regarding the guilt of said person.
( Francisco v. Portugal, 484 SCRA 571)
i.
. Attorneys liens:
Retaining lien a lawyer is allowed to retain
possession of the monies properties and
documents of his client until he is paid his fees.
Requisites are: (1) lawyer obtained possession
by virtue of a lawyer-client relationship, (2) lawyer
has rendered services, (3) lawyer has not been
paid.
Retaining lien is a passive lien. There is no
action required of the lawyer to take to establish
the lien. If the documents are needed to be used
as evidence, the lawyer may be ordered to give
them to the client, provided the latter posts a bond
for the attorneys fees.
A retaining lien is lost once the lawyer loses
possession.
A retaining lien is a general lien. It can be
exercised to enforce the payment of the lawyers
fees in all the services he has rendered to the
2. Grounds:
(a) Acts of misconduct before admission
(Garrido v. Garrido, AC 6593, Feb. 4, 2010)
(b) Acts of misconduct after admission;
(1) Deceit
(2) Malpractice
(3) Gross misconduct in office
(4) Conviction of a crime involving moral
turpitude
(5) Grossly immoral conduct
(6) Violation of the lawyers oath
(7) Willful disobedience of a lawful order
of the
court
(8) Corruptly appearing for a party
without
authority
(9) Solicitation of cases (Sec. 27, Rule
138)
In general, loss of good moral character.
3. Proceedings:
(a) initiated by the Supreme court motu propio
or by the IBP, or upon verified complaint by any
person filed with the Supreme Court or an IBP
Chapter. .
(b) if complaint prima facie meritorious,
referred to the IBP, or the Solicitor General, any
officer of the Court or a judge of a lower court.
(c) IBP Board of Governors assigns complaint
to Commission on Bar Discipline (CBD).
(d) CBD will assign complaint to a
Commissioner or group of Commissioners.
(e)
If complaint found meritorious,
Commissioner(s) will require respondent to file
an answer.
(f) Commissioner will conduct hearing in which
respondent is accorded due process.
Foreign Jurisdiction:
(a) They may likewise be disciplined in
the Philippines if their misconduct in the
foreign jurisdiction also constitutes ground
for discipline here.
(b) But they are entitled to due process
here, and the decision of the authorities
abroad shall only be considered as prima
facie evidence of misconduct.
4. Exemptions:
a. President and Vice-President, Secretaries and
Undersecretaries of Executive Departments,
b. Senators and Members of the House of
Representatives,
c. Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar
Council, incumbent court lawyers covered by the
Philippine Judicial Academy,
d. Chief State Counsel, Chief State Prosecutor, and
Assistant Secretaries of the Department of Justice,
e. Solicitor General and Assistant Solicitor General,
f. Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel,
g. Chairmen and Members of Constitutional
Commissions.
F.
NOTARIAL PRACTICE
Limitations:
a. A notary shall not perform a notarial act if the person
involved as signatory of the instrument:
(1) is not in the notarys presence personally at the time
of
notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn
23, 2007)
(2) is not personally known to the notary or identified
through competent document of identity. (Gonzales v.
Padiernos, AC
6713, Dec. 8, 2008)
b A notary is disqualified from performing a notarial act if
he:
(1) is a party to the document or instrument to be
notarized;
(2) will receive as a direct or indirect result any
advantage,
right, title, interest, cash, property or other consideration;
(3) is a spouse, common law partner, ancestor,
8. Sanctions:
The Executive Judge shall cause the
prosecution of any person who:
(a) knowingly acts or impersonates a notary
public;
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public, and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
The Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
take
keeping and
(2) Procedure:
(i) Verified complaint by any member of the
House of Representatives, or by any citizen
endorsed by any member of the House.
(ii) Included in the Order of Business within
10 session days;
(iii) Referral to a committee within 3 session
days;
(iv) After hearing, Committee to submit
Report approved by majority of its members
within 60 session days;
(v) Report calendared for consideration
within 10 session days.
(vi) Affirmation or reversal by at least 1/3 of
all the members of the House.
1.
2.
3.
4.
5.
How initiated
a. Initiated motu propio by the Supreme Court, - o
b. upon verified complaint by person with personal
knowledge, or
Macalintal v. Teh, 280 vs 623 verification nor
required if res ipsa loquitor applicable.
c. anonymous complaint supported by public records of
indubitable integrity.
Procedure:
a. If complaint sufficient in form And substance,
respondent required to comment within 10 days,
b. Reference to OCA for evaluation,
c. Reference for investigation retired SC justice (if
respondent is CA Justice) to CA justice, (if respondent is
RTC judge), RTC judge (if respondent is MTC judge).
Canon 1- duty of the lawyer to maintain a
respectful attitude towards the court (Canon 11,
CPR)
Canon 3 attempts to exert personal influence
over the judge (Canon 13, CPR)
Canon 5 the defense or prosecution of those
accused of crime (Rules 14.01 and 6.01, CPR)
Canons 12, 13, 14 Fixing the amount of the fee
(Canon 20, CPR)
Canon 15 how far a lawyer may go in
supporting a clients cause (Canon 19, CPR)
Canon 27 advertising, direct or indirect (Canon
3, CPR)
Canon 23 Partnership names (Canon 3, CPR)