Legal Ethics Chapter I – Lawyer and Society

Wednesday, January 23, 2019 3:34 PM

LEGAL ETHICS – is a branch of moral science, which

treats of the duties which an attorney owes to the
court, to the client, to his colleagues in the
profession and to the public as embodied in the
Constitution, Rules of Court, the Code of Professional
Responsibility, Canons of Professional Ethics,
jurisprudence, moral laws and special laws.

Original Bases of Legal Ethics:

• Canons of Professional Ethics
• Supreme court Decisions
• Statistics
• Constitution
• Treatises and publications

Code of Professional Responsibility- Present Basis of

the Philippine Legal System

BAR V. BENCH

• BAR – Refers to the whole body of attorneys and

body of judges.
• BENCH – denotes the whole body of counselors,
collectively the members of
the legal profession.
Practice of Law – 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 give notice or render any kind of
service, which or devise or service requires the use in
any degree of legal knowledge or skill (Cayetano v.
Monsod, 201 SCRA 210).

Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are licensed
officers of the courts, empowered to appear prosecute
and defend and upon whom peculiar duties,
responsibilities, and liabilities are developed by law
as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney in fact – an agent whose authority is strictly

limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to
the performance of the duties specifically required of
him by the power of attorney appointing him, such
authority being necessarily implied. He is not
necessarily a lawyer.

Counsel de Oficio – a counsel, appointed or assigned by

the court, from among members of the Bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.

Note: In localities where members of the Bar are

not available, the court may appoint any person,
resident of the province and good repute for
 resident of the province and good repute for
probity and ability, to defend the accused. Sec.
7, Rule 116, Rules of Court.

Attorney ad hoc – a person named and appointed by the

court to defend an absentee defendant in the suit in
which the appointment is made (Bienvenu v. Factor’s of
Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record – one who has filed a notice of

appearance and who hence is formally mentioned in court
records as the official attorney of the party. Person
whom the client has named as his agent upon whom
service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).

Of Counsel – to distinguish them from attorneys of

record, associate attorneys are referred to as “of
counsel” (5 Am. Jur. 261).

Lead Counsel – The counsel on their side of a litigated

action who is charged with the principal management and
direction of a party’s case.

House Counsel – Lawyer who acts as attorney for

business though carried as an employee of that business
and not as an independent lawyer.

Bar Association – an association of members of the

legal profession.

Advocate – The general and popular name for a lawyer

who pleads on behalf of someone else.

Barrister (England) – a person entitled to practice

law as an advocate or counsel in superior court.

Proctor (England) – Formerly, an attorney in the

admiralty and ecclesiastical courts whose duties and
business correspond to those of an attorney at law or
solicitor in Chancery.

Titulo de Abogado – it means not mere possession of

the academic degree of Bachelor of Laws but membership
in the Bar after due admission thereto, qualifying one
for the practice of law.

Admission to the Practice of Law

The Supreme Court has the power to control and regulate
the practice of law. Thus, the Constitution, under
Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following

powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the under privileged.
The Supreme Court acts through a Bar Examination
Committee in the Exercise of his judicial function to
 Committee in the Exercise of his judicial function to
admit candidates to the legal profession.

The Bar Examination Committee:

Composed of (1) member of the Supreme Court who acts as
Chairman and eight (8) members of the bar.
The 8 members act as examiners for the 8 bar subjects
with one subject assigned to each.

The Bar Confidant acts as a sort of liason officer

between the court and the Bar Chairman on the other
hand, and the individual members of the committee on
the other. He is at the same time a deputy clerk of
court.
Admission of examinees is always subject to the final
approval of the court.

Practice of Law
The practice of law is a privilege granted only to
those who possess the STRICT INTELLECTUAL AND MORAL
QUALIFICATIONS required of lawyers who are instruments
in the effective and efficient administration of
justice. (In Re: Argosino, 1997).

Requirements for admission to the Bar:

1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory
evidence of:
1. good moral character
2. no charges against him, involving moral
turpitude, have been filed or are
3. pending in any court in the Philippines.

Requirement of Good Moral Character: a continuing

requirement; good moral character is not only a
condition precedent for admission to the legal
profession, but it must also remain intact in order to
maintain one’s good standing in that exclusive and
honored fraternity. (Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:

1. a bachelor’s degree in arts and sciences (pre-law
course)
2. a completed course in:
1. civil law
2. commercial law
3. remedial law
4. public international law
5. private international law
6. political law
7. labor and social legislation
8. medial jurisprudence
9. taxation
10. legal ethics
Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation,
in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule
138, RRC)
2. Before any other court: Party to the litigation,
in person (Ibid.)
3. Criminal case before the MTC in a locality where a
duly licensed member of the Bar is not available:
the judge may appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid
the accused in his defense (Rule 116, Sec. 7,
RRC).
4. Legal Aid Program – A senior law student, who is
enrolled in a recognized law school’s clinical
education program 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 shall
be under the direct supervision and control of an
IBP member duly accredited by the law school.
5. Under the Labor code, non-lawyers may appear
before the NLRC or any Labor Arbiter, if they
represent themselves, or if they represent their
organization or members thereof (Art 222, PO 442,
as amended).
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral Court
(Act no. 2259, Sec. 9).

Public Officials who cannot engage in the private

practice of Law in the Philippines:

1. Judges and other officials as employees of the

Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14
SCRA 109).
4. President, Vice-President, members of the cabinet,
their deputies and assistants (Art. VIII Sec. 15,
1987 Constitution).
5. Members of the Constitutional Commission (Art IX-
A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd
par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No.
7160, Sec. 90).
8. Those prohibited by special law

Public Officials with Restrictions in the Practice of

Law:

1. No Senator as member of the House of

Representative may personally appear as counsel
before any court of justice as before the
Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160, Sec. 91)
 2. Under the Local Government Code (RA 7160, Sec. 91)
Sanggunian members may practice their professions
provided that if they are members of the Bar, they
shall not:
1. appear as counsel before any court in any
civil case wherein a local government unit or
any office, agency, or instrumentality of the
government is the adverse party;
2. appear as counsel in any criminal case wherein
an officer or employee of the national or
local government is accused of an offense
committed in relation to his office;
3. collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
4. use property and personnel of the government
except when the Sanggunian member concerned is
defending the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
government, cannot act as counsel in any civil
case in which the Government, or any of its
subdivision or agencies is the adverse party or in
a criminal case wherein an officer or employee of
the Government is accused of an offense in
relation to his office.

Attorney’s Oath:
“I, __________________, do solemnly swear that I will
maintain allegiance to the Republic of the Philippines;
I will support its constitution and obey the laws as
well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not
willingly nor wittingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the
same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as
well to the court as to my clients; and I impose upon
myself this voluntary obligations without any mental
reservation or purpose of evasion. So help me God.”
(Form 28, RRC)

Nature of Lawyer’s Oath

1. The lawyer’s oath is not mere facile words, drift
and hollow, but a sacred trust that must be upheld
and kept inviolable. (Sebastian vs. Calis, 1999)
2. It is NOT a mere ceremony or formality for
practicing law. Every lawyer should at all times
weigh his actions according to the sworn promises
he made when taking the lawyer’s oath. (In Re:
Argosino, 1997, In Re: Arthur M. Cuevas, 1998).