and just and humane conditions
of work.)
 Philosophy – study of proper behavior and
search for wisdom.
- Love of Wisdom
 Philosophy of Law – Love of the wisdom of the
law.
- Examines the nature of law
 Law – law in its specific sense is a rule of
conduct, just, obligatory, formulate by
legitimate power for common observance and
benefit.
 Lapitan v. PCSO, 60 O.G. 6841;
4 C.AR. (2s) 704).
 Political Law – is that branch of public
law which deals with the organization
and operations of the governmental
organs of the state and defines the
relations of the state with the
inhabitants of its own territory.
 People v. Perfecto, 43 Phil, 887.
 Constitution of 1987, Art II, Sec
1. (Section 1. The Philippines is
a democratic and republican
State. Sovereignty resides in the
people and all government
authority emanates from them.)
 Labor and Social Legislation –
o Labor law – those laws that govern the
rights and obligations of employers and
employees, providing as well for the
rules by which such rights and
obligations may be enforced.
 Art 3, New Labor Code (The
State shall afford protection to
labor, promote full
employment, ensure equal work
opportunities regardless of sex,
race or creed and regulate the
relations between workers and
employers. The State shall
assure the rights of workers to
self-organization, collective
bargaining, security of tenure,
o Social Legislation – refers to those laws
that are designed to uplift the condition
of workers or employees as members of
the community and as human beings
with recognized dignity.
 Constitution of 1987, Art XIII,
Sec 3. (The State shall afford full
protection to labor, local and
overseas, organized and
unorganized, and promote full
employment and equality of
employment opportunities for
all.)
 Art 2, Sec 18. (The state affirms
labor as a primary social
economic force. It shall protect
the rights of workers and
promote their welfare)
 Civil Law - defined as the mass of
percepts which determine and regulate
the relations of assistance, authority
and obedience among the members of
society for the protection of private
interests.
It is designed to regulate person private
relations.
 Civil Code of The Philippines,
E.L. Paras
 Taxation Law - defines as the means of
government to increase its revenue
under the authority of the law.
The power of taxation upon necessity
and is inherent in every government or
sovereignty.
 Mercantile Law / Commercial Law -
body of laws that deals with customs
and practices of local and international
commerce. It is also known as
Commercial Law.
It is customary in nature and develops
with the state of the economy, market
conditions and commercial technology.

It regulates commercial transactions of
artificial personalities such as
corporations and the management of
business.
 Criminal Law – it is that branch of
public law which defines crimes, treats
of their nature and provides for their
punishment. Violation of public order
through punishable acts or omissions is
under this law.
 (12 CYC 129 & Lacson vs.
Executive Secretary, 102 SCAD,
l999)
 Remedial Law – provides for the
remedies and the procedure to be
observed by way of enforcing rights and
obligations. Prescribes the manner of
administering, enforcing appealing,
amending and using legal rights and
claims.
 Legal Ethics - is that branch of the law
that treats of the lawyer’s relationship
with society, the client, the bench and
the bar.
 Lawyer’s Oath
 Code of professional
responsibility
 Statute – is a written will of the legislature as an
organized body expressed according to the
form necessary to constitute it into a law of the
state, and rendered authentic by certain
prescribed forms and solemnities.
Passed by the congress and approved by the
president to lay down the specifics of the
general law, the constitution
 Bill - are laws in the making. They pass into law
when they are approved by both houses and
the President of the Philippines. A bill may be
vetoed by the President, but the House of
Representatives may overturn a presidential
veto by garnering a 2/3rds vote. If the President
does not act on a proposed law submitted by
Congress, it will lapse into law after 30 days of
receipt.
 Official Gazette
 Republic Act – is a piece of legislation used to
create policy in order to carry out the principles
of the Constitution.
 Official Gazette
 Jurisprudence - is the study of law. It is a type
of science that explores the creation,
application, and enforcement of laws.
Jurisprudence is the study of theories and
philosophies regarding law. “Knowledge of the
Law”
 Constitution – the constitution is a law for
rulers and people equally in war and in
peace, and covers with the shield of the
protection all classes of men, at all times,
and under all circumstances. No doctrine
involving more pernicious consequences
was ever invented by the wit of man than
that any of its provisions can be suspended
during any of the great agencies of
government.
 Marcos v. Manglapus, SCRA
668, Sept 15, 1989
 Sources of Law
o Legislation – law written by the
legislative organ of a state. It is a
declaration of legal rules by a
competent authority and is otherwise
known as statute or enacted law.
o Precedent – is a decision by a court of
competent jurisdiction on a point of law
and becomes not merely a guide but an
authority to be followed by all other
courts of equal or inferior jurisdiction in
all cases involving the same questions.
o Custom – habits and practices that have
force of law when they are
acknowledge and approved by society
through long and uninterrupted usage.
 o Divine Human
o Court Decisions – Judicial decisions Positive Law
which apply or interpret the Commandments of
constitution and the laws are part of the Church
the legal system of the Philippines (Art
8, New Civil Code)  Public Law – governs the
relationship between
 Classifications of Law individuals and
government.
a. Natural Law – the foundation of what is o Constitutional Law
true and good law can be accessed – fundamental law
through the aid of human reason. of the land which
defines the powers
It has this built it moral compass that of the government.
guides the lawmakers in their attempt o Administrative Law
to craft laws for the common good. – law which fixes
the organization
For Aquinas, natural laws come from and determines all
God. competence of the
administrative
Natural law operates in the absence of authorities and
an applicable positive law or when which regulates the
there is a bad law method by which
 Republic of PH v. the functions of gov
Sandiganbayan, G.R No. are performed.
104768, July 21, 2003 o International Law
- body of rules
 Physical Law – universal rule of which regulates the
action that governs the conduct community of
and movement of things which nations.
are non-free and material.  Private Law – Body of rules
 Moral Law – Set of rules which which creates duties, rights
establish what is right and and obligations, and the
wrong as dedicated by the means and methods of
human conscience and is setting courts in motions
inspired by eternal law. for enforcement of a right
or of a redress of wrong
b. Positive Law – defined as particular and concerned with the
determinations devised by human rules governing the
reason. – Aquinas relationship of individuals.
o Substantive private
It originates from an act of human law – those rules
legislation, using reason. which declare legal
 Divine Law - Eternal Law relations of litigants
o Divine Positive Law when the courts
10 Commandments have been properly
 moved to action rules. It has merits or principles behind
upon facts duly them that can be “interpreted or
presented to them. construed by the courts. – Roland
o Procedural or Dworkin.
adjective private  Paulino and Lucena
law - refers to the Padua v. Gregorio
means and Robles and Bay Taxi
methods of setting Cab (G.R No. L-40486,
the courts in Aug 29, 1975)
motion, making the
fact known to them Two dimensions of legal
and effectuating interpretation
their judgment. o Formal Dimension –
looking of logical
 Legal Theories consistency between
 Natural Law Theory – Believe that the principles and pas
law serves a higher universal order decisions.
based on natural orders o Substantive Dimension
– looked for principles
It is an unwritten law higher than the that best explain or
law of men. justify the law.

Lex Ferenda – “what ought to be”  Critical Theory – the law has been the
 Republic of the means to enshrine and coercively
Philippines v. impose the wishes of the dominant
Sandiganbayan, et al. group or institutions.
(G.R No. 104768, July
21, 2003)  Historical Theory – the law has a past
 Antigone and a progression. It develops in a
 Positivist Theory – we follow the law gradual and evolutionary process and
because it is the law, period. cannot be separated from its national
or indigenous character.
Law is purely a product of human will,
not of some natural law or divine will. Law unfolds from the spirit of the
people. Law is written and updated as
Lex Lata – the law is simply “what it is” the people evolve. – Friedrich Karl von
Savigny.
Laws ushers its own majesty and
command without need for moral Must be used when the intention is to
reference. decipher what was really meant by the
 Alejando Estrada v. framers.
Soledad Escritor - A.M
No. P-02-1651, Aug 4,  Functional/Sociological Approach -
2003 The law is both means of social control
 Interpretivist/Constructivist Theory – and social advancement. Ideally, it
Law is more than explicitly adapted should balance the diverse interests
 and institutions of society and promote
progressive national policies.
 Economic approach – increase the
balance of happiness in society through
“wealth maximization” – the sum of all
tangible and intangible goods and
services including the values of rights.
 Practice Theory – we choose a
particular approach based on our
sensibilities and motivations.
 Forms-and-Fundamentals Approach –
by the book approach. When the words
of an instrument are free from
ambiguity and doubt, and express
plainly, clearly and distinctly the sense
of framer, there is no occasion to resort
to other means of interpretations. It is
not allowable to interpret what needs
no interpretation.
 CO KIM CHAM (alias CO
KIM CHAM v. EUSEBIO
VALDEZ, TAN KEH and
ARSENIO P. DIZON.
(G.R. No. L-5, Sept 17,
1945)
 Who is a lawyer?
A lawyer is simply a person who is licensed to
practice law.
 What is the practice of law?
Practice of law is any activity which requires
application of law or knowledge of the law,
whether said activity takes place in or outside of
the courtrooms.
 Cayetano v. Munsod, G.R No.
100113, Sept 31, 1991
 What is the difference of a lawyer from a
philosopher?
Philosophers can ravage mankind by his
thoughts and laws were often the end-fruit of
his ideologies, if ever he finds a hearing.
Socrates introduces the “digression” by making
a distinction between the philosopher and the
lawyer.” The lawyer is compelled to present a
case in court and time is of the essence. By
contrast, we might say, the philosopher is the
person who has time or who takes time.
Theodorus, Socrates’ interlocutor, introduces
the “digression”, the basic contrast between
the lawyer, who has no time, or for whom time
is money, and the philosopher, who takes
time. The freedom of the philosopher consists
in either moving freely from topic to topic or
simply spending years returning to the same
topic out of perplexity, fascination and curiosity.
 What are the requirements before one may
practice law in the Philippines?
- FIRST
o He should be admitted to the bar.
This requirement is accomplished
by complying with the following
requirements (Sec. 2 in relation to
Sections 5,6 and 14, Rule 138,
Revised rules od court)
- Citizenship
- Age (21)
- Residence
- Educational Qualification
 H.S Grad
 Degree Holder
 Bachelors of Law
- Moral Qualification
 No charges against
him/her
- Must pass the Bar
- Oath ( take the lawyer’s
oath )
- Attorney’s Roll – he must
sign the roll of attorneys
and receive from the Clerk
of Court of the SC a cert of
license. (Sec 19 and 18 Rule
138, Revised rules of court )
- SECOND
 o The lawyer must remain in good
and regular standing. This requires
the ff:
- He must be a member of
the IBP
- He must regularly pay all
IBP membership dues and
lawful assessment.
- He must observe faithfully
the rules and ethics of the
profession
- He should be subject to
judicial disciplinary control.
Purpose of imposing said
requirements
 The said requirements are
imposed to see to it that those
who are admitted to the
practice of law are mentally
and morally fit to discharge
their duties to their clients, to
the courts, and to the public in
general.
 May a law student practice law in the
Philippines? (Rules 138 and 138-A of the Rules
of Court of the Philippines, as amended)
 Yes, a law student can practice law. The
SC adopted and promulgated A.M. No.
19-03-24-SC Rule 138-A Law Student
Practice, otherwise known as
the Revised Law Student Practice Rule
(Revised Rule). The Revised Rule is an
amendment to the existing provisions
of Rule 138-A of the Rules of Court. A
salient feature of the Revised Rule is
that a law student must now be
certified to be able to engage in the
limited practice of law.
 Under Section 3 of the Revised Rule, a
law student shall apply for and secure a
Level 1 or 2 Certification, as the case
may be, in order to be permitted to
engage in any of the activities under the
Clinical Legal Education Program of a
law school. The basic distinction
between the two levels involve the
minimum academic requirement the
law student has successfully completed:
for Level 1 Certification – first-year law
courses, while for Level 2 Certification –
third-year law courses.
 Section 4 enumerates the practice areas
for law student practitioners for both
Level 1 and 2 Certifications. Section 5
itemizes the certification application
requirements, which include a duly-
accomplished application form under
oath in three copies accompanied by
proof of payment of the necessary legal
and filing fees. It also distinguishes
where each level certification is valid.
Level 1 is valid before all courts, quasi-
judicial and administrative bodies
within the judicial region where the law
school is located, whereas Level 2 is
valid before all courts, quasi-judicial and
administrative bodies.
 Once the law student is certified, the
certificate number must be used in
signing briefs, pleadings, letters, and
other similar documents produced
under the direction of a supervising
lawyer. (Section 7) The law student
shall also take the Law Student
Practitioner’s Oath, a modified lawyer’s
oath, under Section 8 before engaging
in the limited practice of law.
 The duties of law student practitioners,
law schools, and supervising lawyers
are also enumerated in Sections 6, 9,
and 11 respectively.
  The Revised Rule also enumerates in
Section 13 acts considered as
unauthorized practice of lawas well as
the corresponding sanctions, without
prejudice to existing laws, rules,
regulations, and circulars. It stresses
that “unauthorized practice of law shall
be a ground for revocation of the law
student practitioner’s certification
and/or disqualification for a law student
from taking the bar examinations for a
period to be determined by the
Supreme Court.”
 Supreme Court of the
Philippines
 The Lawyer’s Oath
I, do solemnly swear that I will maintain
allegiance to the Republic of the
Philippines, I will support the 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
wittingly or willingly promote or sue and
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 as to the courts as to
my clients; and I impose upon myself these
voluntary obligations without any mental
reservation or purpose of evasion. So help
me God.
 Duties of attorneys (Sec 20, Rule 138 of the
Rules of Court of the Philippines, as
amended)
 Duties of attorneys. — It is the
duty of an attorney:
(a) To maintain allegiance to the
Republic of the Philippines and to
support the Constitution and obey the
laws of the Philippines.
(b) To observe and maintain the
respect due to the courts of justice
and judicial officers;
(c) To counsel or maintain such
actions or proceedings only as appear
to him to be just, and such defenses
only as he believes to be honestly
debatable under the law.
(d) To employ, for the purpose of
maintaining the causes confided to
him, such means only as are
consistent with truth and honor, and
never seek to mislead the judge or
any judicial officer by an artifice or
false statement of fact or law;
(e) 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;
(f) 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;
(g) Not to encourage either the
commencement or the continuance of
an action or proceeding, or delay any
man's cause, from any corrupt motive
or interest;
(h) Never to reject, for any
consideration personal to himself, the
cause of the defenseless or
oppressed;
(i) In the defense of a person accused
of crime, by all fair and honorable
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.
 Four Folds duties of Attorneys
According to the Code of Professional
Responsibility, the conduct of the lawyers
should be guided by their four-fold duties — to
the clients, the courts, their colleagues and the
community.
Duties to the court:
 CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW
OF AND LEGAL PROCESSES. A lawyer shall
refrain doing unlawful, dishonest, immoral
or deceitful conduct nor weakening the
confidence to our legal system and shall
settle or end the controversy with fair
settlement.
 CANON 2 - A LAWYER SHALL MAKE HIS
LEGAL SERVICES AVAILABLE IN AN
EFFICIENT AND CONVENIENT MANNER
COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY, AND EFFECTIVENESS OF THE
PROFESSION. He shall not refuse to give his
services except for valid reasons and shall
not charge lower fees than actually
prescribed.
 CANON 3 - A LAWYER IN MAKING KNOWN
HIS LEGAL SERVICES SHALL USE ONLY
TRUE, HONEST, FAIR, DIGNIFIED AND
OBJECTIVE INFORMATION OR STATEMENT
OF FACTS.
 CANON 4 - A LAWYER SHALL PARTICIPATE
IN THE DEVELOPMENT OF THE LEGAL
SYSTEM BY INITIATING OR SUPPORTING
EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION
OF JUSTICE.
 CANON 5 - A LAWYER SHALL KEEP ABREAST
OF LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL
EDUCATIONPROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN
LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING THE LAW
AND JURISPRUDENCE. It is required to
support the Mandatory Continuing Legal
Education (MCLE) for members of the
Integrated Bar of the Philippines (IBP),
recommended by the IBP.
 CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN
THE DISCHARGE OF THEIR TASKS. It is the
duty of public prosecutors to administer
justice and shall not use his position to
interfere with his private interest nor
accept or engage employment in the
previous office after leaving his service.
Duties to colleagues:
 CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF
THE LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR. He
shall be liable to any false statements and
shall not support an admission of
unqualified person to the bar and shall not
discredit the legal profession whether in
public or private life.
 CANON 8 - A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL
COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING
COUNSEL. No abusive, offensive or
improper language will be used
professionally nor encroach directly or
indirectly the client of a colleague however
he has the right to give proper advice to the
client with a neglectful counsel.
 CANON 9 - A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW. He
shall not delegate any unqualified person to
perform legal task prescribed by law nor
divide fees for legal services except for
some agreements.
Duties to the community:
 CANON 10 - A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE
COURT. He shall not do any falsehood,
misquote or misrepresent the text or assert
the fact which is not true and shall only be
guided by the rules of procedure.
 CANON 11 - A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS. A
lawyer shall wear proper clothing, be
punctual and refrain himself from doing
offensive or scandalous behavior before
the courts.
 CANON 12 - A LAWYER SHALL EXERT
EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF
JUSTICE.
 CANON 13 - A LAWYER SHALL RELY
UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
Duties to the client:
 CANON 14 - A LAWYER SHALL NOT
REFUSE HIS SERVICES TO THE NEEDY.
Rule 14.01 - no discrimination against
client’s sex, race, creed, status or his
guilt of the crime accused. Rule 14.02 -
shall not decline any appointment as
counsel except for serious and sufficient
cause. Rule 14.03 - may not refuse to
represent an indigent client unless he
can’t carry out the work effectively or
there is a conflict of interest. Rule 14.04
- he shall observe the same standards of
conduct between paying and nonpaying
clients.
 CANON 15 - A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS
WITH HIS CLIENTS. Rule 15.01 - he shall
inform his client if there is a conflict of
interest. Rule 15.02 - any disclosed
matters by the client shall be bound by
the rule on privileged communication.
Rule15.05 - he shall give honest and
candid opinion without understating or
overstating the prospects of the case.
 CANON 16 - A LAWYER SHALL HOLD IN
TRUST ALL MONEYS AND PROPERTIES
OF HIS CLIENT THAT MAY COME INTO
HIS PROFESSION. He shall be
accountable for all money or property
collected or received and shall keep the
fund separate and apart form his own
and others and when due and
demandable it shall be delivered to the
owner upon satisfying his required
lawful fees. Neither he borrows nor
lends his money to the client unless he
has to advance the necessary expenses
in a legal matter.
 CANON 17 - A LAWYER OWES FIDELITY
TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.
 CANON 18 - A LAWYER SHALL SERVE
HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
 CANON 19 - A LAWYER SHALL
REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW. He
shall not handle services which he is not
qualified to render unless with a
collaborating lawyer, neither he does
any matters without enough
preparation nor neglect it for he is liable
in results thereof. He shall keep the
client be informed of the status of the
case.
 CANON 20 - A LAWYER SHALL CHARGE
ONLY FAIR AND REASONABLE FEES.
 CANON 21 - A LAWYER SHALL
PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
 CANON 22 - A LAWYER SHALL
WITHDRAW HIS SERVICES ONLY FOR
GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE
CIRCUMSTANCES.