LEGAL PROFESSION CHAPTER I 08/07/2009

09:03:00
I. Introduction to Legal Profession
=Article 3 of the Civil Code of the Philippines (ignorantia legis non excusat)
← = if otherwise, every individual may justifiably escape from abiding the law by mere
excuse of not knowing the law
← = thus resulting to chaos and absence of rule in society.
← = law that retains the order of the community emphasizing much regard of the legal
profession as a vital element in nation building further leading to progress.
← = branch of administration of justice with the main purpose of aiding in doing justice
according to law between the state and the individual and between man and man.
← = the noblest or one of the noblest profession in the world
← =in our country, it is highly impressed by the public interest with the end view
towards the administration of justice.
← = very popular career in the Philippines.
← =reason: wide range of opportunities in public service, private practice and business
← =provided in the Article 152 of the Revised Penal Code, that lawyers in their actual
performance of their professional duties shall be deemed persons in authority.
= society- every person deserves impartial treatment before the law, a lawyer’s services are
unquestionably indispensible.
=Men seek for a lawyer’s advice (wealthy and the poor, the strong and the weak, honest and
dishonest); men and women of all walks of life.
=Such complexity of a lawyer’s functions places him in situations of influence with various
kinds of people and interests.
=Life, liberty and property are entrusted in his hands, even courts and judges place great
reliance on his words and actions.
= every family yearn for a lawyer in the clan due to the fact that opportunities are abounding.
= national and local leaders are from the legal profession and in the government, lawyers
enjoy first grade civil service eligibility under (R.A. No. 1080 )
=Lawyers are found in businesses as well situated in the top executive positions. For mere
knowledge of law is certainly an advantage
= the legal profession is not entirely being looked upon by society with respect f
=For there are some members of the profession who are a disgrace but is there any profession
that may claim 100% purity? Definitely none, even religious professions have irregularities.
= misconception = many lawyers in the Philippines. (50,000 members in the roll of attorneys)
= 10/15 are engaged in private practice, others:in the government service, businesses or the
corporate world.
= legal profession=vital role to play in nation building = indispensable element in our society.
= mission= To administer justice not only to those who has the capacity to obtain the services
of a lawyer but more importantly to those deserving of justice but have less in life.
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← 2. Nature of Attorney
← = Attorney/Counsel – aids in administration of justice
← =attorney 1)having reference to a class of persons who are by
license constituted officers of courts of justice, and who are empowered to
appear and prosecute and/or defend someone and on whom peculiar
duties, responsibilities and liabilities are devolved by law in consequence.
← 2)person acting professionally in legal formalities, negotiations
or proceedings, by warrant or authority of his client
← 3)a person set apart by laws of the land relating to the high
interest of property, liberty and life
← 4) quasi-officer of the court subject to regulation
← 5) inherent element of our judicial system
← = An officer of the courts with a hard task to be the defender of the
oppressed.
← = Forces aimed at administration of justice regardless of political,
social and economic, or religious stations in life of party litigants
← =A lawyer must keep himself beyond the influence of the litigants
for his primary purpose is to stand by the truth
← =Main duty is to administer justice and to duty to his client is
subordinate
← =Membership in the bat is an exacting responsibility for it imposes
obligation of attending with due zeal and diligence to a client’s cause.
← =Expected to not know all the laws and can not be disbarred out of
mistake or error of the law.
←
← 3. Legal Profession as a subject
← =prospective lawyers= should be indoctrinated as to the real
essence, spirit and purpose of the legal profession even before they are
admitted to this noble profession
← =Real goal of law school- prepare students for the practice of law,
responsible leader in the community and an effective administer of justice
← =DECS 1989 (stress moral responsibility: Legal Profession, Legal
Counseling and Problem Areas in Legal Ethics)
← =Stress ethical and moral obligations of a lawyer to the court, to his
client, and his colleagues in the bar
←
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← 4. Brief History of Legal Profession in the Philippines

← =Sources of Phil Legal Education (Spain: Roman Civil Law and
Canon Law, US: forerunner of common law)
← =Indo Malayan influence shared with Islamic & Code of Kalantiaw
← =UST Faculty of Civil Law 1733 (1734-1800=40 students
graduated)
← =1898 Universidad Literia Filipinas in Malolos Bulacan then moved
Tarlac
← =1899 – Malolos Constitution founded Escuela de Derecho de
Manila
← rename Manila Law School 1924
← =1910 College of Law of UP w/ Filipino and American students
← =Philippine Law School 1915, University of Manila Colleg of Law
1918, Far Eastern University Institute of Law 1934, Southern College of
Law 1935, Arellano Law College 1938, Francisco Law School 1940
← =1911 education requirements- highschool degree and 3 year law
course
← Later – 2 years of college in addition to high school degree
← 1960 Sec 6 Rule 138 Rules of Court amended by SC four year
bachelor’s degree in arts and science and 4 year legal studies
← =1989 DECS revised law curriculum composed of 51 subjects (124
units)
← =1964 R.A. No. 3870 Created University of the Philippines –conduct
continuing legal education programs, research and publications
← =R.A. No. 7662 Legal Education Act 1933 (emphasize areas of
advocacy, counseling, problem solving, decisioin making, ethics and
nobility of legal prof, bench bar partnership, social commitment, selection
of law students, quality of law schools, the law faculty as well as the
curriculum)
← =Legal Education Board created
LEGAL PROFESSION CHAPTER II 08/07/2009
09:03:00
← THE STUDY OF LAW
←
← 1. Reasons and implication in the study of law
← Reasons why take up law:
- Dream to become a lawyer
← -Personal and Career advancement (PNP Reform Act)
← -pursued by the dream of their parents, follow their parents’ wishes
← -Secret to law is to love it
← Once in law school..
← -Not a piece of cake
← -Method of instruction far equal than other fields of study
← -Students are expected to be prepared for the lesson
← -Professors would just usually test what you know
← - Train the students to not rely on the lectures of professors
← -Rely on own research, analysis and study on a particular topic
← Enter law school not to know the law
← -Most judges not even know all the laws of the land
← -Learn how to study law not to solely learn the laws
← Laws
← -Congress has the vested power to make, alter, amend and repeal
laws
← -Lawyers study the law to update current laws or jurisdiction
← Studying Law
← -Like a jealous mistress which demand all attention
← -It should not be taken for granted or it would leave you
←
← 2. Basic skills and qualities required in the study of law
← -In order to stay in law school and pass the bar, proper attitude
includes:
← a) Dreams/Ambition
← -One must dream to become one: use as an energy in day to day
tasks
← -Must decide whole heartedly, no room for half-heartedness
← b)Perseverance
← -Prepare for sacrifice: proper time management, balancing priorities
:school, family, social
← c)Patience
← -Needed in analyzing each provision of the law
← -In reading cases, can get exhausting but will full concentration :
success
 08/07/2009 09:03:00

← Fortunato Gupit “How to be a Lawyer” tools for studying law and

pass the bar
← a) Language
← - Instrument used to analyze and express the law
← -Stands as a barrier between you and your listener or reader
← -English used in the study of law in the Philippines
← -Start from early school years of education
← -Language is a matter of habit: practice it to develop
communication skills
← -Improve by reading and listening, as well practicing speaking and
writing
← b) Logic or Critical Analysis
← -Very important in the study of law
← -Need not be brilliant but can accurately evaluate a certain state of
facts using logical analysis
← - If you know language then more or less you know logic
← -Every student is expected to possess both knowledge of logic and
language before he enrolled for law
← c) Law
← - Know the law: Once must read and continue reading to keep
himself abreast with the current law and jurisprudence of the country
← -Imperative to train oneself to fast read: familiarize terms and
phrases
←
← 3. Study of Law, a serious matter