REVIEWER - DELA CRUZ

1. Definition of 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.
Legal ethics, principles of conduct that members of the legal profession are expected to
observe in their practice. They are an outgrowth of the development of the legal
profession itself. (Britannica)

2. Importance of Legal Ethics

an enforced code of conduct is essential to ensure the credibility of practitioners and the
legal system as a whole.

3. Relation of Ethics and Morality

The relation between ethics and morality is a complex one, but it can be boiled down to
this: Ethics are the principles that govern our behavior, while morality is how we apply
those principles in practice. In other words, ethics provide us with guidelines for what we
should do and not do in any given situation. Morality then takes these ethical standards
and puts them into action – deciding whether an act or decision is right or wrong based
on the ethical code of conduct established by society.

4. Sources of Legal Ethics

● Canons of Professional Ethics
● Supreme court Decisions
● Statistics
● Constitution
● Treatises and publications
5. Nature of Legal Profession

1. Practice of Law is a Profession - it is a form of public trust, entrusted to thosee

who are qualified and possess good moral character. Its basic ideal of public service and
secure justice to those who seek its aid.

2. Three Ideas involved in a Profession

i. Organization - Bar Associations

ii. Learning - Learned formally, historically, socially

iii. Spirit of Public Service - exercise powers beneficial to mankind

3. It is a Privilege and Right - Privilege to those who have exacting standards of

mental and moral fitness. A lawyer cannot be prevented from practicing law except upon
valid cause and only after affording him due process.

4. Standards

i. Independence - Get out of the experience. Loyalty to his client within the bounds of
honor.

ii. Accessibility - A competent lawyer as part of its duty to make its services available.

iii. Learning - Learned and have knowledge of the practice

6. Define the following

● 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.
● Attorney-at-law or counsel-at-law - 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 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)
● 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.
● Amicus Curiae - literal meaning “friend of the court”. In Philippine setting
Experienced and impartial* an attorney may be invited by the Court to appear as
amici curiae to help in the disposition of issues submitted to it.

7. Definition of 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).
 8. Concept
● Privilege - a special advantage or right possessed by an individual or group. A
privilege is a right or advantage gained by birth, social position, effort, or
concession. It can have either legal or personal sanction: the privilege of paying
half fare; the privilege of calling whenever one wishes.
● Profession and not a business - Businesses are entrepreneurial in nature,
involving ownership and management, while professions focus on individual skill
development and professional growth.

9. Supreme Court’s Administrative Supervision and Control over

Members of the Philippine Bar (Article VII, Section 5 (5) of the
1987 Constitution

SECTION 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and

consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas

corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of

Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is

in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed

in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

(3) Assign temporary judges of lower courts to other stations as public interest may require.

Such temporary assignment shall not exceed six months without the consent of the judge

concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(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 underprivileged. Such rules shall provide a simplified

and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of

the same grade, and shall not diminish, increase, or modify substantive rights. Rules of

procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved

by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
10. Who may practice law? - Any person heretofore duly admitted as a member of

the bar, or hereafter admitted as such in accordance with the provisions of this rule, and

who is in good and regular standing, is entitled to practice law.

Requisites for admission in the practice of law - No applicant for

admission to the bar examination shall be admitted unless he presents a

certificate that he has satisfied the Secretary of Education that, before he began

the study of law, he had pursued and satisfactorily completed in an authorized

and recognized university or college, requiring for admission

Qualifications - Every applicant for admission as a member of the bar must be

a citizen of the Philippines, at least twenty-one years of age, of good moral

character, and resident of the Philippines; and must produce before the Supreme

Court satisfactory evidence of good moral character, and that no charges against

him, involving moral turpitude, have been filed or are pending in any court in the

Philippines.

Non-lawyers who may practice law -

3 Instances wherein non-lawyers are allowed to appear before the courts or other

tribunal.

First Instance. in the case of FERDINAND A. CRUZ vs. ALBERTO MINA,

HON. ELEUTERIO F. GUERRERO and HON. ZENAIDA LAGUILLES, G.R. No.

154207, April 27, 2007, the Philippine Supreme Court interpreted, clarified and

implemented:

(a) Section 34, Rule 138 of the Rules of Court,

(b) Bar Matter No. 730, Circular No. 19 governing law student

practice, and
(c) Rule 138-A of the Rules of Court (Law Student Practice Rule).

The basic question was "whether the petitioner, a law student, may appear before

an inferior court as an agent or friend of a party litigant."

The courts a quo held that the Law Student Practice Rule as encapsulated in Rule

138-A of the Rules of Court, prohibits the petitioner, as a law student, from

entering his appearance in behalf of his father, the private complainant in the

criminal case without the supervision of an attorney duly accredited by the law

school.

Section 1 of Rule 138-A provides that a law student who has successfully

completed his 3rd year of the regular four-year prescribed law curriculum and is

enrolled in a recognized law school's clinical legal education program approved

by the Supreme Court, may appear without compensation in any civil, criminal or

administrative case before any trial court, tribunal, board or officer, to represent

indigent clients accepted by the legal clinic of the law school.

Section 2 of the said Rule provides that the appearance of the law student

authorized by this rule, shall be under the direct supervision and control of a

member of the Integrated Bar of the Philippines duly accredited by the law

school. Any and all pleadings, motions, briefs, memoranda or other papers to be

filed, must be signed by the supervising attorney for and on behalf of the legal

clinic.

However, in Resolution 6 dated June 10, 1997 in Bar Matter No. 730, the Court

En Banc clarified that the said Rule, however, is different if the law student

appears before an inferior court, where the issues and procedure are relatively

simple. In inferior courts, a law student may appear in his personal capacity

without the supervision of a lawyer.

Section 34, Rule 138 provides that in the court of a justice of the peace, a party

may conduct his litigation in person, with the aid of an agent or friend appointed

by him for that purpose, or with the aid of an attorney. In any other court, a party

may conduct his litigation personally or by aid of an attorney, and his appearance

must be either personal or by a duly authorized member of the bar.

Thus, a law student may appear before an inferior court as an agent

or friend of a party without the supervision of a member of the bar.

The phrase "in the court of a justice of the peace" in Bar Matter No. 730 is

subsequently changed to "In the court of a municipality" as it now appears in

Section 34 of Rule 138.

In Section 34 of Rule 138, the appearance of a non-lawyer, as an agent or friend

of a party litigant, is expressly allowed, while Rule 138-A provides for conditions

when a law student, not as an agent or a friend of a party litigant, may appear

before the courts.

Section 34, Rule 138 is clear that appearance before the inferior courts by a

non-lawyer is allowed, irrespective of whether or not he is a law student.

As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a

law student may appear, as an agent or a friend of a party litigant, without the

supervision of a lawyer before inferior courts.

Second Instance

On a Party's Right to Self-Representation

The Rules recognize the right of an individual to represent himself in any case in

which he is a party. The Rules state that a party may conduct his litigation

personally or by aid of an attorney, and that his appearance must be either

personal or by a duly authorized member of the Bar. The individual litigant may
personally do everything in the progress of the action from commencement to the

termination of the litigation. A party's representation on his own behalf is not

considered to be a practice of law as "one does not practice law by acting for

himself, any more than he practices medicine by rendering first aid to himself."

The Court, however, notes the use of the disjunctive word "or" under the Rules,

signifying disassociation and independence of one thing from each of the other

things enumerated, to mean that a party must choose between

self-representation or being represented by a member of the bar. During the

course of the proceedings, a party should not be allowed to shift from one form of

representation to another. Otherwise, this would lead to confusion, not only for

the other party, but for the court as well. If a party, originally represented by

counsel, would later decide to represent himself, the prudent course of action is

to dispense with the services of counsel and prosecute or defend the case

personally.

According to Legal Ethics

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 1. they represent themselves, or if

2. 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).

Proceedings where lawyer are prohibited to appear

Small Claims Cases

Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec. 17. Appearance of

Attorneys Not Allowed. No attorney shall appear on behalf of or represent a party

at the hearing, unless the attorney is the plaintiff or defendant.

Katarungang Pambarangay

RA 7160, Sec. 415. In all katarungang pambarangay proceedings the parties must

appear in person without the assistance of counsel or representative except for

minors and incompetents who may be assisted by their next of kin who are not

lawyers.
11.Revised Lawyer’s Oath

“I (name) do solemnly swear that I accept the honor, privilege, duty, and

responsibility of practicing law in the Philippines as an officer of the court, in the

interest of our people.

I declare fealty to the Constitution of the Republic of the Philippines.

In so doing, I shall work towards promoting the rule of law in a regime of truth,

justice, freedom, love, equality, and peace.

I shall conscientiously and courageously work for justice as well as safeguard the

rights and meaningful freedoms of all persons, identities, and communities. I

shall ensure greater and equitable access to justice.

I shall do no falsehood nor shall I pervert the law to unjustly favor or prejudice

anyone.

I shall faithfully discharge these duties and responsibilities to the best of my

ability, with integrity and utmost civility.

I impose upon myself without mental reservation nor purpose of evasion so help

me God.”