Professional Documents
Culture Documents
Practice of Law
• 1. Concept
• Not a natural, property or constitutional
right but a privilege to be extended or
withheld in the exercise of sound judicial
discretion.
• Is a right in the sense that it cannot be
capriciously taken from a lawyer, without due
process of law.
• Practice of law is a profession, a form of
public trust, not a business, using bargain
counter methods to reap a large profit. The
gaining of a livelihood is but a secondary
consideration.
2. The primary characteristics which distinguish the
legal profession from business are:
(1) a duty of public service of which emolutment
Is a by-product;
(2) a relation as officer of the court to the
admiinistration of justice;
(3) a relation to client in the highest degree
fiduciary;
(4) a relation to colleagues characterized by
candor and fairness.
*
3. Practice of law generally – embraces any activity in
or out of court, which requires the application of law,
legal principle, practice or procedure, and calls for
legal knowledge, training and experience ( Cayetano
v. Monsod, 201 SCRA 210).
It is not limited to the conduct of cases in court. It
includes legal advice and counselling, and the
preparation of legal documents and contracts by
which legal rights are secured (Ulep v. Legal Clinic,
Inc., 223 SCRA 378
4. Characteristics of practice of law:
a. Habituality
b. Compensation
c. Application of law, legal principle,
practice or procedure
d. Attorney-client relationship
5. Qualifications for admission to the practice of law: *
a. Citizen of the Philippines;
b. Resident of the Philippines;
c. At least 21 years of age;
d. Of good moral character;
e. No charge involving moral turpitude filed or pending in court;
(Sec. 2, Rule 138, Rules of Court)
f. Educational qualifications (Secs. 5 & 6, , Rule 138, Rules of
Couirt) :
g. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA
628)
h. Taking the oath and signing the Roll of Attorneys. (Aguirre v.
Rana, B.M. 1036, June 10, 2003)
6. Appearance of Non-lawyers
General Rule: Only lawyers may appear and handle cases in court.
Exceptions:
a. Student Practice Rule (Rule 138-A)
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 (pro se) in . civil
cases.
(4) Small Claims cases.
c. Non-lawyers authorized by law to appear, e.g. labor union leaders
7. Sanctions for practice or appearance without
authority:
a. Lawyers without authority –this constitutes
malpractice and violation of the lawyer’s oath,
for which he may be suspended or disbarred.
b. Persons not lawyers – may be punished
for contempt of court.
8. Public Officials and practice of law *
(3) Under the Judiciary Retirement Act (R.A. 910) – retired members
of the judiciary cannot appear as counsel in cases, civil, criminal or
administrative, where the government is the adverse party.
*
(b) Public officials who cannot practice law or with restrictions.
(1) Prohibited from practicing – President, Vice-President,
Department secretaries, judges and justices, prosecutors,
Solicitor General and members of the OSG, members of
Constitutional Commissions, Governors and Mayors.
(2) Allowed to practice but subject to restrictions –
Senators, members of the House of Representatives, Vice-
Governors and Vice Mayors, members of the Sanggunians,.
(3) Approval of department head required - Civil Service
employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008)
*
10. Lawyers authorized to represent the government:
a. Office of the Solicitor General (OSG)
b. State Prosecutors of the Department of Justice (DOJ)
c. Office of the Government Corporate Counsel (OGCC)
d. Officers who may be authorized by law.
e. Private lawyers retained by government entities.
(i) Subject to approval by OSG, OGCC, COA
(ii) If approval not obtained, personal liability of officers
who hired. liable (Laguesma vs. COA. G.R. No.
185544. January 13, 2015)
12. 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
13. . Duties and responsibilities of a lawyer
1. Sources of duties
a. Constitution
b. Statutes
c. Jurisprudence
d. Lawyer’s Oath (Sec. 3, Rule 138)*
e. Rules of Court
f. Codes of Conduct
(1) Code of Professional Ethics
(2) Code of Professional Responsibility
DUTIES OF A LAWYER
•
Examples of unlawful conduct
. Advising clients to execute an antedated sale to avoid taxes.
(Chua v. Mesina, 436 SCRA 149)
• Adivising clients to short cut settlement of estate (Coronel vs.
Cunanan, A.C. No. 6738. August 12, 2015)
. Issuance of bouncing checks.(De Jesus v. Collado, 216 SCRA
619)
Copying the contact details of another lawyer (Estate of Jose
Uy vs. Atty. Maghari, A.C. No. 10525. September 1, 2015
Advising shortcut in settlement of estates (Gabriela Coronel
vs. Atty. Nelson A Cunanan, A.C. No. 6738. August 12, 2015)
Examples of Dishonest Conduct
4. Rule 2.04 – A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
Proposed Rule on Mandatory Legal Aid Service
• 1. Every practicing lawyer is required to render at least 60
hours of free legal aid service to indigent litigants in a year.
• 2. Non-practicing lawyers shall contribute P2,000.00 ar to a
special fund of the IBP for the support of its legal aid program.
• Non-practicing lawyers are;
• a. Government employees and incumbent elective officials
not allowed by law to practice;
b. Lawyers not allowed by law to appear in court;
c. Supervising lawyers of students in law student practice,
and lawyers of NGOs and Pos
d. Lawyers employed in the private sector but not allowed to
appear for parties in courts and quasi-judicial agencies
Canon 3 – A lawyer In making known his legal services, use
only true, honest, fair, dignified and objective information
a. Allowable advertisements – calling cards and
announcements in technical journals (ULEP vs. Legal Clinic, Inc.
223 SCRA 376)
Rule 3.01 – A lawyer shall not use any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal
services.
a. Lawyer advertising himself as a “specialist in annulment of
marriage, improper. (Khan v. Simbillo, 409 SCRA 209)
Rule 3.02 – In the choice of a firm name, no false, misleading or assumed
name shall be used. The continued use of the name of deceased partner
is permissible provided that the firm indicates in all its communications
that said partner is deceased.
a. Use of foreign firm name not allowed (Dacanay v. Baker & McKenzie,
A.C. Case No. 2131, May 10, 1985)
Rule 3.03 – When a partner accepts public office, he shall withdraw from
the firm and his name shall be dripped from the firm name unless is
allowed to practice law concurrently
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.
Rule 12.02 – A lawyer shall not file multiple actions arising from
the same cause. (Forum-shopping)
a. There is forum-shopping when -
i. As a result of an adverse decision in one forum, a party
seeks a favorable opinion in another forum (other than an
appeal or certiorari)
ii When a party institutes two or more actions or proceedings
grounded on the same cause;:
iii. When a case is filed in court while an administrative
proceeding is pending.
iv. Where a case for damages is filed in court but really for the
purpose of annuling an adverse administrative decision.
v. Where case is filed in violation of the rules on res judicata
or litis pendentia,
• B Cases:
• 1. While the reliefs prayed for in the initiatory pleadings of
the two cases are different in form, a ruling in one case would
have resolved the other, and vice versa (Anastacio N. Teodoro
III Vs. Atty. Romeo S. Gonzales, . A.C, 6760, an. 30, 2013)
• 2. Motion that Justice Nachura inhibit himself but rest of
division to remain, constitutes forum-shopping (In re Supreme
Court Resolution dated 28 April 2003 in G.R. Nos. 145817 and
145822, A.C. 6332, April 17, 2012)
• 3. Lawyer wrote 6 complaints with same false certifiction
against forum shopping (Eufrocina Crisostomo vs.Atty. Philip
A.Z. Nazareno, A.C. No. 6677, June 10, 2014)
•
• 4. “ Failure to comply with the foregoing requirements shall
not be curable by mere amendment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the
case without prejudice, unless otherwise provided, upon
motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal
actions . If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the same
shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause for
administrative sanctions.” (par. 2, Sec.5, Rule 7, Rules of Court)
• Forum shopping can be committed in three ways, namely: ( 1)
filing multiple cases based on the same cause of action and
with the same prayer, the previous case not having been
resolved yet (litis pendentia); (2) filing multiple cases based on
the same cause of action and the same prayer, the previous
case having been finally resolved (res judicata); or (3) filing
• multiple cases based on the same cause of action but with
different prayers (splitting of causes of action), where the
ground for dismissal is also either litis pendentia
• or res judicata). (In Re: A.M. No. 04-7-373-RTC (report on the
Judicial Audit Conducted in the Regional Trial Court, Branch
60, Barili, Cebu, A.C. No. 9871. June 29, 2016)
•
Rule 12.03 – A lawyer shall not, after obtaining extensions of
time to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an explanation
for his failure to do so.
a. A lawyer should not presume that his motion for extension will be
granted.
b. The period of extension starts where the original period ends.
Rule 12.04 – A lawyer shall not unduly delay a case, impede
the execution of a judgment or misuse court processes.
a. Claiming client’s property to be his to save them from execution (Hegna
v. Paderanga, AC 5955, Sep. 8, 2009)
Rule 12.05 – A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still
under examination.
Rule 12.06. A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Rule 12.08 A lawyer shall avoid testifying in behalf of his client,
except:
i. On formal matters, such as the mailing, authentication or
custody of an instrument and the like,or
ii. On substantial matters , in case where his testimony is
essential to the end of justice, in which event he must, during
his testimony, entrust the ttrial of the case to another
counsel. where his testimony is essential
Canon 13. A lawyer shall rely upon the merits of his
cause and refrain from any impropriety which tends t
influence, or gives the appearance of influencing the
court.
Rule 13.01 – A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for cultiating
familiarity with judges.
Rule 18.01 – A lawyer shall not undertake a legal service which he knows or
should know that he is not qualified to render. However, he may render such
service if, with the consent of his client, he can obtain as collaborating counsel
a lawyer who is competent on the matter. (Nenita D. Sanchez vs. Atty. Romeo G
Agullos, A.C. No. 10543. March 16, 2016 – mistaking legal separation for
annulment of marriage)
Rule 18.02 – A lawyer shall not handle any legal matter without
adequate preparation. .
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and
his negligence will render him liable. (Rule 18.03) (Mattus vs. Talento v.
Villaseca, A.C. No. 7922, October 1, 2013, Hermano vs. Prado, AC 7447, April
18, 2016)
Rule 18.04 – A lawyer shall keep the client informed of the status of his
case and shall respond within reasonable time to his client’s request for
information.
Canon 19 – A lawyer shall represent his client with
zeal within the bounds of the law. *
Rule 20.03. A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs, commission,
interest, rebate of forwarding allowance or other compensation
whatsoever related to his professional employment from anyone
other than the client. (Spouses Rafols vs. Barrios, AC 4973, Mar
15, 2010)
• Rule 21.03 – A lawyer shall not, without the written consent of his client,
give information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping, accounting data
processing or any similar purpose
• Rule 21.04 – A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof unless prohibited by the client.
• Rule 21.05 – A lawyer shall adopt such measures as may be
required to prevent those whose services are utilized by him,
from disclosing or using confidences or secrets of the client.
A. Civil Liability
1. May be held liable to client for negligence or failure to
account for client’s funds.
2. May not be held liable to third parties for bringing an
action against them.
3. May not be held liable for libel in pleadings as long as
material and relevant.
4. May not be held liable for mistaken advice to clients as
long as in good faith.
• B. Criminal Liability
• 1. For willfully or negligently causing damage or
injury to the client; for revealing the secrets of the
client; for conflict of interest (Art. 209 RPC)
• 2. For misappropriation of client’s funds
• 3. For subornation of perjury or introduction of
false evidence.
• C. Contempt of Court
• 1. Direct or indirect contempt
• 2. Civil or criminal contempt
D. SUSPENSION, DISBARMENT AND DISCIPLINE
OF LAWYERS
*
1. Nature and characteristics of disciplinary actions against
lawyers.
(a) sui generis –disciplinary proceedings are a class of their
own, neither civil nor criminal, but an investigation into the
character of a lawyer to determine his fitness to continue in the
practice of law. They involve no private interest and afford no
redress for private grievance. They are undertaken solely for
public welfare.
(b) prescription - the Statute of Limitations does not apply.
Neither does prescription preclude disbarment proceedings.
However, it may indicate ulterior motive of the part of the
complainant or innocence of the respondent. But, see Isenhardt
vs. Real.
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 lawyer’s 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.
(g) After hearing, Commissioner(s) will submit Report and
Recommendation to IBP Board of Governors.
(h) Board of Governors will recommend dismissal of the case
or suspension or disbarment of the respondent to the
Supreme Court.
(i) The Supreme Court renders decision, by division if penalty
is a fine of P10,000 less and/or suspension for one year or
less, and by the court en banc, if penalty is fine of more
than 10,000.00 and/or suspension for more than one
year, or disbarment.
4. Discipline of Filipino Lawyers Practice in 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.
Readmission to the Bar *
1. Lawyers who were suspended:
Guidelines:
a. After a finding that the respondent lawyer must be suspended
from the practice of law, the Court shall render a decision imposing
the penalty.
b.Unless the Court explicitly states that decision is immediately
executory upon receipt thereof, the respondent has 15 days within
which to file a motion for reconsideration thereof. Denial of the
motion for reconsideration shall render the decision final and
executory.
c. Upon expiration of the period of suspension, the respondent
shall file a Sworn Statement with the Court through the Office of
the Bar Confidant stating therein that he or she has desisted from
the practice of law and has not appeared in any court during the
period of his or her suspension.
d. Copies of the sworn statement shall be furnished the Local Chapter
of the IBP and to the Executive Judge of the courts where he or she
has pending cases and/or has appeared as counsel.
e. The Sworn Statement shall be considered as proof of respondent’s
compliance with the order of suspension.
f. Any finding or report contrary to the statements made by the lawyer
under oath shall be ground for imposition of a more severe
punishment, or disbarment, as may be warranted. (Maniago vs.
Atty. De Dios, A.C. No. 78472, March 30, 2010)
g. Failure to comply with the court’s order to return the client’s money
a ground for disbarment (Ediza vs. Atty. Frule, AC 5325, Feb. 9, 2016)
2. Lawyers who have been repatriated:
a. Updating and payment in full of the annual
membership dues in the IBP;
b. Payment of professional tax;
c. Completion of at least 36 credit hours of MCLE;
d. Retaking of the lawyer’s oath. (Petition for Leave to
Resume Practice of Law, Benjamin M. Dacanay, 540
SCRA 424)
3. . Lawyers who have been disbarred:
•
E. NOTARIAL PRACTICE
1. Qualifications of Notary Public: *
a. Citizen of the Philippines
b. Over 21 years of age
b. Resident of the Philippines for at least 1 year
d. Maintains a regular place of work In the city or
province where the commission is to be issued,
e. Member of the Philippine bar in good standing
f. Has not been convicted in the first instance of a
crime involving moral turpitude.
2. Term of office: two (2) years, commencing from the first
day of January of the year in which the commission was
issued. *
3. Powers and limitations: *
Powers – Acknowledgments
Oaths and affirmations
Jurats
Signature witnessing
Copy certifications
Any other act authorized by the Rules
a. Witnessing signing by thumbmark
b. Signing on behalf of disabled person.
• 4. Jurat – refers to an act in which an individual on a single occasion
appears in person before a notary public and presents an instrument or
document, is personally known to the notary public of identified through
competent evidence of identity, signs the instrument or document in the
presence of the notary, and takes an oath or affirmation as to such
instrument or document.
Sec. 8 – Judges shall not use or lend the prestige of the judicial
office to advance their private interests or those of a member
of their family, or of any one else, nor shall they convey or
permit others to convey the impression that anyone is in a
special position improperly to influence them in the
performance of judicial duties..
Dionisio v. Escaño, 302 SCRA 411 – posting notices for
family restaurant business in court bulletin board
Less serious
1. Undue delay in rendering a decision or order. or in
transmitting the records of the court
2. Frequent and unjustified absences without leave or
habitual tardiness
3. Unauthorized practice of law
4. Violation of Supreme Court rules, directives, and circulars
5. Receiving additional or double compensation unless
specifically authorized by law.
6. Untruthful statements in the certificate of service, and
7. Simple misconduct
Light
1. Vulgar and unbecoming conduct
2. Gambling in public
3. Fraternizing with lawyers and litigants with pending cases
in court
4. Undue delay in the submission of monthly reports.
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).
d. Hearing by investigating judge or justice,
(a) Suspension from office without salary and other benefits for
not less than 1 nor more than 3 months, or
(b) A fine of more than P10,000.00 but nor exceeding
P20,000.00.
• WITNESSES:
______________ ________________
• REPUBLIC OF THE PHILIPPINES) S.S.
• CITY OF _________________ )
• - and –
• ______________________, of legal age, single,
• a resident of ____________, and hereafter
• called the LESSEE,
• WITNESSETH:
• LESSOR LESSEE
•
• WITNESSES:
• (ACKNOWLEDGMENT)
PROMISSORY NOTE
• PEDRO PENDUCO
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
• 2. That I have not filed any other case involving the same parties and the
same issues before any other court or administrative body; that I have no
knowledge of any other case involving the same parties or issues pending
in any other court or administrative body; and that should I hereafter
acquire knowledge of such pending case, I will report the same to this
court within five (5) days therefrom.
Notice of Hearing
• Atty. ___________
• Counsel for the Defendan
• (address)
• S i r:
• Please take note that on ___________, at 8:30 a.m or as
soon thereafter as the matter may be heard, the undersigned
counsel will submit the foregoing motion to the Honorable
Court for its consideration and resolution.
• (Date)
• (Signature)
Explanation
• (Signature of lawyer)
Affidavit of Loss
•
• 4. That I am making this affidavit to report the loss of my said Senior
Citizen’s card, and to be able to obtain a new one.
• FURTHER AFFIANT SAYETH NAUGHT.
• Manila, May 1, 2017.
• JOSE RIZAL
• Affiant
• SUBSCRIBED & SWORN to before me this 1st day of May 2017, the
affiant exhiting to me his Philippine Passport No. 234567, issued in Manila
on January 10, 2016, and valid until January 9, 2021.
• WITNESS MY HAND & SEAL.
• NOTARY PUBLIC
• Doc. No.____
• Page No. ____
• Book No. ____
• Series of 2016
Affidavit of Change of Name
• (Jurat)