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1 LEGAL ETHICS REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G.N.C. 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 Respo
nsibility, Canons of Professional Ethics, jurisprudence, moral laws and special
laws. Original Bases of Legal Ethics: 1.Canons of Professional Ethics 2.Supreme
court Decisions 3. Statistics 4. Constitution 5.Treatises and publications Prese
nt Basis of the Philippine Legal System: Code of Professional Responsibility. BA
R V. BENCH Refers to the whole body of attorneys and denotes the whole body of j
udges
counselors, collectively the members of
the legal profession
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 pr
actice of law is to give notice or render any kind of service, which or devise o
r service requires the use in any degree of legal knowledge or skill (Cayetano v
. Monsod, 201 SCRA 210). Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogad
o/Boceros: that class of persons who are licensed officers of the courts, empowe
red to appear prosecute and defend and upon whom peculiar duties, responsibiliti
es, 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 inst
rument 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 p
ower 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 thei
r 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, r
esident of the province and good repute for probity and ability, to defend the a
ccused. Sec. 7, Rule 116, Rules of Court. Attorney ad hoc – a person named and app
ointed by the court to defend an absentee defendant in the suit in which the app
ointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209) At
torney of Record - one who has filed a notice of appearance and who hence is for
mally mentioned in court records as the official attorney of the party. Person w
hom the client has named as his agent upon whom service of papers may be made. (
Reynolds v. Reynolds, Cal.2d580). Of Counsel – to distinguish them from attorneys
of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261).

2 LEGAL ETHICS REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G.N.C. Lead Counsel – T
he 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 atto
rney for business though carried as an employee of that business and not as an i
ndependent lawyer. Bar Association – an association of members of the legal profes
sion. Advocate – The general and popular name for a lawyer who pleads on behalf of
someone else. Barrister(England) – a person entitled to practice law as an advoca
te or counsel in superior court. Proctor (England) – Formerly, an attorney in the
admiralty and ecclesiastical courts whose duties and business correspond to thos
e of an attorney at law or solicitor in Chancery. Titulo de Abogado -it means no
t mere possession of the academic degree of Bachelor of Laws but membership in t
he Bar after due admission thereto, qualifying one for the practice of law. ADMI
SSION TO THE PRACTICE OF LAW The Supreme Court has the power to control and regu
late the practice of law. Thus, the Constitution, underArticleVIII, Sec. 5 (5) p
rovides: Sec. 5. The Supreme Court shall have the following powers: (5) Promulga
te rules concerning the protection and enforcement of constitutional rights, ple
ading, practice and procedure in all courts, the admission to the practice of la
w, the Integrated Bar, and legal assistance to the under privileged. The Supreme
Court acts through a Bar Examination Committee in the Exercise of his judicial
function to admit candidates to the legal profession. The Bar Examination Commit
tee: • Composed of (1) member of the Supreme Court who acts as Chairman and eight
(8) members of the bar. • The 8 members act as examiners for the 8 bar subjects wi
th one subject assigned to each. • The Bar Confidant acts as a sort of liason offi
cer between the court and the Bar Chairman on the other hand, and the individual
members of the committee on the other.He is at the same time a deputy clerk of
court. • Admission of examinees is always subject to the final approval of the cou
rt. Practice of Law The practice of law is a privilege granted only to those who
possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers wh
o are instruments in the effective and efficient administration of justice. (In
Re: Argosino, 1997).
3 LEGAL ETHICS REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G.N.C. Requirementsfo
r admission to the Bar: 1.citizen of the Philippines
2.at least 21 years old
3.of good moral character
4. Philippine resident 5.Production before the supreme court satisfactory eviden
ce of: a.good moral character b.no charges against him, involving moral turpitud
e, have been filed or are pending in any court in the Philippines. Requirement o
f Good Moral Character: a continuing requirement; good moral character is not on
ly a condition precedent for admission to the legal profession, but it must also
remain intact in order to maintain one s good standing in that exclusive and ho
nored fraternity. (Tapucar vs. Tapucar, 1998) Academic Requirements for Candidat
es: 1.a bachelor’s degree in arts and sciences (pre-law course) 2.a completed cour
se in: a. civil law b. commercial law c. remedial law d.public international law
e.private international law f. political law g.labor and social legislation h.
medial jurisprudence i. taxation j. legal ethics Non-lawyers who may be authoriz
ed to appear in court: 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, Rul
e 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 th
e Bar is not available: the judge may appoint a non-lawyer who is: a.resident of
the province b.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, wh
o 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 sh
all 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 NL
RC or any Labor Arbiter, if a.they represent themselves, or if b.theyrepresent t
heir 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).

4 LEGAL ETHICS REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G.N.C. Public Officia
ls who cannot engage in the private practice of Law in the Philippines: 1.Judges
and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2.Officials and employees of the OSG(I bid. )
3.Government prosecutors (People v. Villanueva, 14 SCRA 109).
4.President, Vice-President, members of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987 Constitution). 5.Members of the Constitution
al Commission (Art IX-A, Sec. 2, 1987 Constitution) 6.Ombudsman and his deputies
(Art. IX, Sec. 8 (2nd par), 1987 Constitution) 7.All governors, city and munici
pal mayors (R.A. No. 7160, Sec. 90). 8.Those prohibited by special law PUBLIC OF
FICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW 1.No Senator as member of the H
ouse of Representative may personally appear as counsel before any court of just
ice as before the Electoral Tribunals, as quasi-judicial and other administratio
n bodies (Art. VI, Sec. 14, 1987 Constitution). 2.Under the Local Government Cod
e (RA 7160, Sec. 91) Sanggunian members may practice their professions provided
that if they are members of the Bar, they shall not: a.appear as counsel before
any court in any civil case wherein a local government unit or any office, agenc
y, or instrumentality of the government is the adverse party; b.appear as counse
l in any criminal case wherein an officer or employee of the national or local g
overnment is accused of an offense committed in relation to his office; c.collec
t any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; d. use property and personnel of th
e government except when the Sanggunian member concerned is defending the intere
st of the government. 3.Under RA 910, Sec. 1, as amended, a retired justice or j
udge receiving pension from the government, cannot act as counsel in any civil c
ase in which the Government, or any of its subdivision or agencies is the advers
e party or in a criminal case wherein an officer or employee of the Government i
s accused of an offense in relation to his office. ATTORNEY’S OATH “I,______________
____, do solemnly swear that I will maintain allegiance to the Republic of the P
hilippines; I will support its constitution and obey the laws as well as the leg
al orders of the duly constituted authorities therein; I will do no falsehood, n
or consent to the doing of any in court; I will not willingly nor wittingly prom
ote or sue any groundless, false or unlawful suit, or give aid nor consent to th
e same; I will delay no man for money or malice, and will conduct myself as a la
wyer according to the best of my knowledge and discretion, with all good fidelit
y as well to the court as to my clients; and I impose upon myself this voluntary
obligations without any mental reservation or purpose of evasion. So help me Go
d.”
Legal Ethics} Memory Aid} Made 2001} by Ateneo} 35 Pages
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legal ethics reviewer
03 / 06 / 2010
icycoolice45 left a comment
legal ethics reviewer
03 / 06 / 2010
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