Whether or not FCY representative in its

capacity as mediator is under the commands

of Code of Professional Responsibility
In cases regarding labor arbitration, the
following persons are allowed to act as
representative:

1) Lawyers (Rule 15.04)

2) Non-Lawyers (NLRC Rules of Procedure 2011)
In the case at bar, assuming that the
representative is a member of the legal
profession, the Code of Professional
Responsibility shall apply.
Rule 15.08. - A lawyer who is engaged in another
profession or occupation concurrently with the
practice of law shall make clear to his client
whether he is acting as a lawyer or in another
capacity.
A lawyer is not prohibited from engaging in business or
other lawful occupation. Impropriety arises, though, when
the business is of such a nature or is conducted in such a
manner as to be inconsistent with the lawyers duties as a
member of the bar. This inconsistency arises when the
business is one that can readily lend itself to the
procurement of professional employment for the lawyer;
or that can be used as a cloak for indirect solicitation on
the lawyers behalf; or is of a nature that, if handled by a
lawyer, would be regarded as the practice of law. (Vilatuya
vs Tabalingcos, July 10, 2012)
Rule 15.08 of the Code mandates that the lawyer is
mandated to inform the client whether the former is
acting as a lawyer or in another capacity.

This duty is a must in those occupations related to the

practice of law. The reason is that certain ethical
considerations governing the attorney-client
relationship may be operative in one and not in the
other. In this case, it is confusing for the client if it is not
clear whether respondent is offering consultancy or
legal services.
In another view, if the representative of the FCY
company is a non-lawyer, as provided under
Article 228 (a):
Non-lawyers may appear before the Commission
or any Labor Arbiter if:
1. They represent themselves; or
2. They represent their organization or
members thereof
He shall not be subjected under the Code of
Professional Responsibility.