LEGAL PROFESSION
-branch of administration of justice
- a group of men pursuing a learned art as a
common calling in the spirit of service
Rule 15.03, Canon 15 [CPR] – a lawyer shall not
represent conflicting interests EXCEPT by
written consent of all concerned AFTER full
disclosure of the facts.
Rule 1.01, Canon 1 [CPR] – a lawyer shall not
engage in unlawful, dishonest, immoral and
deceitful conduct.
Canon 15 of CPR – A lawyer shall observe
candor, fairness and loyalty in all his dealings
and transaction with his client.
PRACTICE OF LAW – any activity in or out of
court which requires the application of law,
legal procedure, knowledge training and
experience.
-a privilege accorded only to those who
measure up to certain rigid standards of mental
and moral fitness.
- not a business but a profession in which public
service is the primary consideration.
A lawyer may demand compensation for the ff:
1.) Opinions – imparting legal knowledge
usually in the form of an opinion as to
the proper interpretation or application
of a law, issuance, or rule.
2.) Appearance – actual physical presence
of a lawyer in behalf of his client; not
only appearance to court but also quasi-
judicial and administrative bodies.
3.) Preparation of pleadings and contracts
REGULATION OF LAW PRACTICE is enshrined in
the Sec. 5 (5), Article 8 of the 1987 Constitution
Public interest is the primary objective and the
real question for determination of an attorney’s
fitness to practice law.
INTEGRATED BAR OF THE PHILIPPINES – the
official unification of the entire lawyer
population of the Philippines.
QUALIFICATIONS OF MEMBERS OF THE BAR
[Rule 138, RC]
Sec.1 –Not merely a member of the bar but
must remain in good and regular standing
Sec.2 – Requirements:
* At least 21 years old
*Possesses GMC
*Resident of the PH
*No crime of moral turpitude (pending/filed)
Sec. 5 – Must have satisfactorily completed the
ff. courses in a law school:
* civil law
* commercial law
* public and private international law
* remedial law
*criminal law
* political law
*labor and social legislation
Sec. 6 – Pre-law education consists of finishing
high school and an undergraduate course with:
* 18 units of English
* 6 units of Math
* 18 units of Social Sciences
Sec. 7 – Filing for proof of qualifications must be
done with the clerk of the SC within at least 15
days before the beginning of the exam.
Sec. 8 – Notice of Applications shall be
published in newspapers (English, Filipino, and
Spanish) by the SC clerk for at least 10 days
before the beginning of the exam.
Sec. 9 – Subjects covered in the exam are the ff:
*Civil Law
*Labor and Social Legislation
* Mercantile Law
*Criminal Law
*Political Law (Consti Law, Public Corp., and
Public Officers:
*Taxation
* Remedial Law ( Civ.Pro., Crim. Pro. And
Evidence)
* Legal Ethics and Practical Exercise (Pleadings
and Conveyance)
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Sec. 10 – During the exam:
*No notes, books, papers
* The SC may allow typewriters for those who
have unreadable penmanship (Noiseless
typewriters only)
*Examinees shall not place their names in the
examination papers
*No oral examination shall be given
Sec. 11 – The annual examination shall take
place in the city of Manila within four (4) days.
Sec. 12 – The Committee of Examiners will
consist of: 1 SC Justice as Chairman and 8
members of the bar.
Sec. 13 – No candidate shall endeavour to
influence any member of the bar committee;
candidates are not allowed to communicate
with each other nor give or receive assistance.
Violation of this rule will disqualify the
examinee from taking the Bar.
Sec. 14 – The passing grade requires a general
average of 75% in all subjects without falling
below 50%.
Sec. 15 – Filing of examination papers must be
filed not later than Feb. 15.
Sec. 16 – Candidates who fail the Bar 3 times is
required to enroll and pass a 4th year review
classes and a pre-bar review course.
Sec. 17 – Successful passers of the exam shall
be admitted to the bar and shall take an oath.
Sec. 18 – If the candidate passes the bar, he/she
will receive a certificate as proof of his/her
authority to practice law.
BAR MATTER 1153 – Sec. 5 and 6 of Rule 138,
RC is amended which allows Filipino graduates
of foreign law schools to take the Philippine Bar
subject to certain conditions; proof of
completion of a separate bachelor’s degree is
also required.
LAW STUDENT PRACTICE RULE [Rule 168-A, RC]
Sec. 1 – Conditions include:
* Must complete his 3rd year of law
* Enrolled in the school’s legal clinic
* Appear in any court without compensation
*Represent indigent clients.
Sec. 2 – must be under direct supervision and
control of a member of the bar
BAR MATTER 730 - This to ensure:
*No miscarriage of justice due to
incompetence/inexperience.
*For the legal clinic to protect itself from
potential vicarious liability.
*No person is allowed to practice a particular
profession without possessing the qualifications
(a license).
Sec. 3 – Rules on privileged communication also
apply to the student and client
Sec. 4 – Students are also required to comply
with standards of professional conduct. Failure
of supervising attorney may be a ground for
disciplinary action.
NON-LAWYERS may appear before the courts
and administrative tribunals in the ff scenarios:
a. If he/she is a party to a litigation (in person or
through the aid of an agent or friend) in cases
under the jurisdiction of the MTC [Sec.34, Rule
138, RC]
b. Party of a litigation in any Court [Ibid.]
c. A criminal case in the MTC where a licensed
member of the bar is unavailable, the Court
may appoint any person of good repute to
defend the accused [Sec. 7, Rule 11 6, RC]
d.Those appearing before Natn’l Labor
Relations Comission or any Labor Arbitrer ONLY
IF:
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- They represent themselves
-Represent a legitimate labor organization
- Represent member/s of a legitimate labor
organization
- Duly-accredited members of any legal aid
office accredited by the DOJ and IBP
- Owner/President/ or authorized person of a
corporation or establishment which is a party to
the case.
[Art. 222, Labor Code of the PH; Sec. 6, 2011
NLRC Rules of Procedure, as amended]
e. Any person can represent himself or any
claimant before the Cadastral Court [ Sec. 9,
Cadastral Act]
f. Any person appointed to appear for the PH
gov’t in accordance w/ the law [ Sec. 33, Rule
138, RC]
Cruz vs. Mijares
- Ferdinand, a 4th year law student, sought
permission to appear for and on his behalf in
the RTC as plaintiff. Judge denied his request
due to his failure to satisfy Rule 138-A.
HOWEVER, Sec. 34 of Rule 138 allows non-
lawyers to appear as a plaintiff/ party to a
litigation.
PROCEEDINGS WHERE LAWYERS ARE
PROHIBITED FROM APPEARING:
a. Katarugang Pambarangay Proceedings
b. Small Claims Cases ( unless Court determines
otherwise)
SANCTIONS VS NON-LAWYERS ACTING AS
LAWYERS:
a. Indirect Contempt
b. Estafa
c. Violation of RA 6713 – lawyers
practicing privately are prohibited to
engage in gov’t/public practice.
d. Administrative liability -
In relation to Canon 9 which prevents
unauthorized practice of law
PUBLIC OFFICIALS AND EMPLOYEES are
prohibited in engaging in private practice
UNLESS authorized by the Constitution, law, or
regulation GIVEN that private practice will not
be in conflict with their official functions.
*Public office = Public Trust [Sec. 1, Art 11,
Consti.]
PUBLIC OFFICIALS W/ PRACTICE RESTRICTIONS
a. Judges and other officials/employees of
Court. [Sec. 35, Rule 138, RC]
b. Officials of the Sol.Gen. [Sec. 35, Rule
138, RC]
c. President, VP, members of the Cabinet
and their deputies and assistants. [Sec.
13, Art.7, Consti.]
d. Members of Constitutional Commission
[Sec.2, 11-A, Consti.]
e. Ombudsman and his deputies [Sec. 8.
Art 11, Consti.]
f. Governors, city and municipal mayors
[LGC]
g. Gov’t Prosec.
h. Civil Service Officers/employees
required to be at the govt’s disposal at
all times.
i. Those prohibited by special laws.
Catu vs. Rellosa
Sec. 90 of LGC provides that Sagguniang
Members may practice law under certain
restrictions. HOWEVER, they may practice law
because they are NOT needed for the gov’t’s
disposal AT ALL TIMES (regular sessions are only
2x a month). They only need a prior written
permission from the DILG.
PROHIBITIONS ON FORMER/RETIRED
ATTORNEYS:
- A judge, receiving pension from the
gov’t, cannot act as counsel in a civil
case against the gov’t, its subdivisions
or agencies nor its officers/ employees.
- A former gov’t atty. cannot, after
leaving gov’t service, engage/employ
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 with any matter which he had
intervened during service.
LAWYERS AUTHORIZED TO REPRESENT THE
GOV’T:
- Those in the Office of the Sol.Gen.
(When authorized by the Pres./head of
office concerned, it shall also represent
GOCCs)
- Deputized provincial/city fiscal
- Deputized legal officers of
departments, agencies, bureaus, and
agencies of the gov’t.
- Any legal office of the LGU
- Any official/other person designated in
accord. w/ law.
LAWYER’S OATH –source of obligations and
duties for every lawyer and violation
thereof constitutes as a ground for
disbarment, suspension, or disciplinary
action.
*Failure to pay debts and issuance of
worthless checks constitutes as gross
misconduct.
* A lawyer may be disciplined not only for
malpractice and dishonesty in his profession
but also for gross misconduct OUTSIDE his
professional capacity.
CANON 1, CPR – A lawyer shall:
- Uphold the Constitution
-Obey the laws of the land
- Promote respect for the law and legal
processes
RULE 1.01, CPR – A lawyer shall not engage in
unlawful, dishonest, immoral, and deceitful
conduct. ( No distinction of gov’t/private
capacity)
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.
(failure to do so is indicative of moral depravity)
RULE 19.01, CPR – A counsel is only expected to
present factual arguments and to anchor his
case on legal merits.
CANON 8, CPR – A lawyer shall conduct himself
with courtesy, fairness, and candor towards his
professional colleagues and avoid harassing
tactics against opposing counsel.
RULE 8.01 – A lawyer shall not use language
which is abusive, offensive, or improper.
CANON 11- A lawyer shall observe and maintain
respect due to courts and to judicial officers and
should insist similar conduct others.
RULE 11.04 – A lawyer shall abstain from
scandalous, offensive, or menacing
language/behaviour before the courts.
*A lawyer’s duty is not to his client but to the
administration of justice.
CODE OF PROFESSIONAL RESPONSIBILITY [CPR]
– primary source of legal ethics
*A lawyer has a four-fold (4) duty:
1. ) Duty to Society
RULE 7.03 – A lawyer shall not engage in
conduct that adversely reflects on his fitness to
practice law nor, publicly or privately, behave in
a scandalous manner to the discredit of the
legal profession.
CANON 6 – These canons apply to lawyers in
gov’t service in the discharge of their tasks.
RULE 139-B, RC – Court authorizes the IBP to
conduct proceedings for the disbarment,
suspension, or discipline of attorneys.
2.) Duty to Legal Profession
CANON 7
RULE 7.03
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INTEGRATED BAR OF THE PHILIPPINES [IBP]
(RULE 139-A, RC)
-official unification of the entire lawyer
population of the PH.
- the unified bar only imposes the duty to pay
reasonable fees annually.( NO EXEMPTION;
Arevalo, Jr. Case)
BAR – collectivity of all persons whose names
appear in the Roll of Attorneys.
ART 8, SEC 5(5), CON – the power to integrate is
an inherent part of the Court’s constitutional
authority over the Bar.
The court ruled that:
*Compelling a lawyer to become a member of
an integrated Bar is not violative of his
constitutional freedom to associate nor the
corollary right not to associate.
*Integration does not make a lawyer a member
of any group of which is not already a member.
* If the Bar does compel a lawyer to integrate, it
is justified as it is an exercise of police power.
Moreover, the SC’s inherent power to regulate
the Bar includes the authority to integrate.
3.) DUTY TO CLIENTS
CANON 15, CPR – A lawyer shall observe
candor, fairness, and loyalty in all his dealings
and transactions with his clients.
CANON 18, CPR – A lawyer shall serve his client
with competence and diligence.
*Failure to file the required pleadings on client’s
behalf constitutes as gross negligence (Tejano
vs. Batterina).
SUSPENSION, DISBARMENT, and DISCIPLINE
The practice of law is a privilege burdened with
conditions.
*Disbarment cases are sui generis (unique) as it
is neither purely civil or criminal and can
proceed independently of civil cases .
*In Bengco vs. Bernardo, the SC ruled that
putting a prescriptive period on cases involving
members of the bar would only embolden them
to disregard the very oath they took.
GROUNDS FOR DISBARMENT (SEC. 27, RULE
138, RC) authority to disbar rests on the SC
1. Deceit
2. Malpractice
3. Gross misconduct in the office
4. Grossly immoral conduct
5. Conviction of a crime of moral turpitude
*moral turpitude – anything contrary to
justice, honesty, modesty, or good morals.
6. Violation of Lawyer’s Oath
7. Willful disobedience to a lawful order
by a superior court.
8. Willful appearing as an attorney in a
court w/o authority.
*Filipino lawyers practicing abroad are also
subject to these rules. Hence, judgment,
resolution, order of foreign court or disciplinary
agency are prima facie evidence for disbarment
or suspension. This DOES NOT automatically
disbar or suspend the accused lawyer as
disbarment is a grave penalty and to strip a
lawyer of his license is to strip him of his
livelihood (Velasco vs. Doroin)
Main issue – W/N a lawyer has committed
serious misconduct sufficient to cause
disbarment (Villamor vs. Santos)
WHO MAY FILE: Any person or the Court motu
proprio ( Sec.1, Rule 139-B, RC)
*Trial-type proceedings are not required; ONLY
that the parties are given a reasonable
opportunity to explain their side of the
controversy.
*In disbarment cases, the burden of proof rests
on the complainant.
Rule 1.04, CPR – A lawyer shall encourage his
client to avoid, end or settle the controversy if it
will admit of a fair settlement. (i.e. lawyer must
exert all reasonable efforts to smooth over legal
conflicts)
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BASIS FOR JUDGMENT: Proof or failure of proof
of charges.
*WITHDRAWAL OF DISBARMENT COMPLAINT
does not automatically exonerate the
respondent lawyer. The case may proceed
regardless of the lack of interest of the
complainant.
*GENERALLY, DISBARMENT CASES ARE
CONFIDENTIAL IN NATURE until the final
resolution and decision of the SC. UNLESS it is a
public concern ( Fortun vs. Quinsayas)
PURPOSE OF DISCIPLINARY MEASURES VS. BAR
MEMBERS:
1.) Protect and promote the public good
2.) Maintain dignity of the profession by
weeding those unworthy thereof.
RE-ADMISSION TO THE BAR:
Guidelines pursuant to Maniago v. De Dios:
1.) Lawyer must be suspended from law
practice.
2.) UNLESS immediately executory,
respondent has 15 days to file motion
for reconsideration. Denial of motion
renders decision final and executor.
3.) Upon expiration of suspension,
respondent shall file Sworn Statement
through the Office of the Bar Confidant.
4.) Copies of Sworn Statement shall be
furnished to Local IBP CH and Executive
Judge where respondent has/had
handled pending/previous cases.
5.) Sworn Statement is proof of
respondent’s compliance with
suspension.
6.) Contrary reports/findings against
respondent shall be ground for a more
severe punishment or disbarment.
JUDICIAL CLEMENCY: Guidelines in
accordance to J. Diaz Letter:
1. Proof of remorse and reformation
- Certification/Testimonials of
officers/chapters of the IBP,
judges/judges’ associations and
prominent members of the community.
- Sufficient time must have elapsed
- Age of person must show he/she still
has productive years.
- Show of promise and potential for
public service.
- Relevant factors and circumstances
justifying clemency
NOTES ON REPATRIATED LAWYERS
- Law practice is a privilege denied to
foreigners
EXCEPT Filipino citizens who lost
citizenship through naturalization of
another country BUT regained it
pursuant to RA 9225 (Thus retaining
his/her membership to the bar).
- HOWEVER, law practice is not
automatic as one must apply to the
proper authority – the SC .
CONDITIONS FOR REINSTATEMENT
A. Update and payment of IBP
membership dues
B. Payment of professional tax
C. Completion of at least 36 hours of
MCLE
D. Retaking Lawyer’s Oath (hence,
renewing his allegiance to the
Republic of the PH)
MANDATORY CONTINUING LEGAL EDUCATION
– Pursuant to CANON 5[CPR], a lawyer should
keep abreast of legal dev’ts. Participate in
continuing legal education programs.
- Championed by Assoc. Jus. Davide in 1997
under Bar Matter No. 850.
REQUIREMENTS:
Every IBP member must complete:
-36 units of MCLE every 3 years
- a. All pleadings filed
b. Number and Date of Issuance of MCLE Cert.
or Exemption.
*Failure to disclose the ff. would result to the
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appropriate penalty and disciplinary action. [BM
1922, amended Jan. 2014]
ADDITIONAL REQUIREMENTS:
- Roll of Atty.’s No.
- Current Professional Tax Receipt No.
- IBP Receipt No./ Lifetime Membership No.
- MCLE Compliance/Exemption Cert. No. and
Issuance Date.
COMPLIANCE – Initial compliance shall begin
not later than 3 months from adoption of BM
No. 850 and shall be divided into 3 groups:
1.) Compliance Group 1 – NCR
2.) Compliance Group 2 – Luzon outside
NCR
3.) Compliance Group 3 – Visayas and
Mindanao
EXEMPTIONS (RULE 7, SEC. 1, BM 850)
- Executive Branch
-Legislative Branch
- Judiciary
-DOJ
-Sol.Gen.
-Gov’t Corp. Counsel
- Con.Comm.
-Office of the Ombudsman
-Quasi-judicial Agencies= Head of gov’t agencies
- Academe (law) = Profs who have at least 10yrs
experience.
- PH Judicial Academy
-Local Gov’t;
ALSO
-Those who are not in practice (private &
public)
- Those retired.
*Resol’n No. 01-2007 exempts lawyers aged
75^ , not engaged in law practice, after
complying w/ conditions ( i.e. only engage in
notarial services). Any member may also file for
exemption/modification of MCLE compliance
for good cause (e.g. physical disability, illness,
post-grad studies abroad, etc.)
BAR MATTER 2012: Proposed Rule on
Mandatory Legal Service.
- Every practicing lawyer is required to render a
minimum of 60 hours (12 mos., 5 hrs/each
month) of free legal aid services to indigent
litigants PER YEAR. Excess hours may be
credited for succeeding periods.
*Failure to do so declares the lawyer not in good
standing. [Sec. 7, BM 2012]
*While judge has inherent contempt powers, it
should exercised judiciously, sparingly, and with
utmost restraint ( Marcelo vs.Dalmacio-Joaquin)
*Unauthorized practice of law is indirect
contempt of court. UNLESS there are no formal
charges (Medado’s Letter)
CAREER CHOICE
A lawyer may engage in public or private
practice:
PUBLIC
*Clerk of Court – responsible for speedy and
efficient service of all court processes and writs.
* Public Attorney’s Office (PAO) – provides legal
assistance to indigents or those who cannot
afford legal representation
*Office of the Sol. Gen.( also called People’s
Tribune) – principal law office and legal
defender of the gov’t.
PRIVATE
* LAW FIRM- partnership of 2 or more lawyers
in furtherance of their legal profession.
- Must be registered in the SEC.
* SOLO – practicing law all by your lonesome
*CORPORATE LAW – deals with understaindg
the application of Corporation Law and other
related laws.
SOLO LAW FIRM
Less resources Can take more than
one case and clients.
No assistance
Limited
logistics/network.
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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 any groundless, false or unlawful suit or
give aid nor consent to the same;

I will delay no man for money or malice,

and I 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 will impose upon myself these

voluntary obligations without any mental
reservation or purpose of evasion.

So help me God