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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.

***Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.

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THE SOURCES OF ETHICAL STANDARDS IN THE PHIL. JUDICARY: 1. PRIMARY A. Bar a. Cannons of professional Ethics b. Code of professional responsibility B. Bench a. Cannons of judicial ethics b. Code of judicial ethics c. New code of judicial conduct for the Phil. Judiciary C. Other personnel- code of conduct for court personnel 2. SECONDARY A. Decisions/ resolution of the supreme court B. Supreme court circulars C. Order/ resolution of the other courts D. IBP issuances Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993) ***In the practice of his profession, a licensed attorney-atlaw generally engages in three principal types of professional activities: 1. legal advice and instructions to clients to inform them of their rights and obligations 2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and 3. appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law.

3. CONSTITUTE PRACTICE OF LAW PRACTICE OF LAW Rule 138, Section 1. 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. Concept of the Practice of Law Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173). Cayetano vs. Monsod, 201 SCRA 210 ***Practice of Law means 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 perform those acts which are characteristics of the legal profession. Generally, to practice law is to give notice or render any kind of service, which devise or service requires the use, in any degree, of legal knowledge or skill. People vs. Villanueva, 14 SCRA 111 ***Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services.

***Essential criteria enumerated by the determinative of engaging in the practice of law: 1) Habituality 2) Compensation

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3) Application of law, legal principle, practice, or procedure 4) Attorney-Client relationship 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). Requirements before a Candidate can Engage in the Practice of Law: I. a. b. c. d. He must have been admitted to then Bar Furnishing satisfying proof of educational, moral and other qualifications Passing the bar Taking the Lawyers Oath before the SC Signing the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice

II. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing requirement to the practice of law. This means that he must: a) remain a member of the IBP b) regularly pay all IBP membership dues and other lawful assessments, as well as the annual privilege tax c) faithfully observe the rules and ethics of the legal profession and d) be continually subject to judicial disciplinary control

The contention that Atty. Monsod does not possess the required qualification of having engaged in the practice of law for at least ten years is incorrect since Atty. Monsods past work experience as a lawyer-economist, a lawyermanager, a lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator of both rich and the poor verily more than satisfy the constitutional requirement for the position of COMELEC chairman, The respondent has been engaged in the practice of law for at least ten years does In the view of the foregoing, the petition is DISMISSED. 4. DISTINGUISH BETWEEN BAR AND BENCH BAR BENCH Denotes the whole body of judges

Cayetano vs. Monsod 201 SCRA 210 September 1991 Facts:

Refers to the whole body of attorneys and counselors, collectively, the members of the legal profession

Respondent Christian Monsod was nominated by 5. Amicus curiae President Corazon C. Aquino to the position of chairman of the COMELEC. Petitioner opposed the nomination because A friend of the court, not a party to the action; is an allegedly Monsod does not possess required qualification of experienced and impartial attorney invited by the court to having been engaged in the practice of law for at least ten appear and help in the disposition of the issues submitted to years. The 1987 constitution provides in Section 1, Article it. It implies friendly intervention of counsel to call the IX-C: There shall be a Commission on Elections composed attention of the court to some matters of law or facts which of a Chairman and six Commissioners who shall be naturalmight otherwise escape its notice and in regard to which it born citizens of the Philippines and, at the time of their might go wrong. (1993, 1996, 1988 BAR QUESTION) appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any Amicus Curiae He is not entitled to attorneys fees. elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall Rule 138, s. 36 be members of the Philippine Bar who have been engaged in Experienced and impartial attorneys may be invited by the the practice of law for at least ten years. court to appear as amici curiae to help in the disposition of issues submitted to it. Issue: Whether the respondent does not possess the Definition: bystander; friend of the court whose function is required qualification of having engaged in the practice of to remind the court or tribunal of some matter which law for at least ten years. otherwise might escape its notice and in regard to which it might be wrong. One who gives information upon some Held: question of law in regard to which the judge is doubtful or In the case of Philippine Lawyers Association vs. mistaken, or upon Agrava, stated: The practice of law is not limited to the a matter of which the court may take judicial cognizance. conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceeding, the management of such actions and 6. DISTINCTION BETWEEN ATTORNEY- AT-LAW proceedings on behalf of clients before judges and courts, & ATTORNEY IN FACT and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the Attorney-at-Law/Counselorlaw incorporation services, assessment and condemnation atlaw/lawyer/attorney/counsel/abogado/boceros that class services, contemplating an appearance before judicial body, of persons who are by license officers of the courts, the foreclosure of mortgage, enforcement of a creditors empowered to appear, prosecute and defend, and upon claim in bankruptcy and insolvency proceedings, and whom peculiar duties, responsibilities and liabilities are conducting proceedings in attachment, and in matters of developed by law as a consequence (Cui v. Cui, 120 Phil. estate and guardianship have been held to constitute law 729). practice. Practice of law means any activity, in or out court, which requires the application of law, legal procedure, Attorney-in-fact An agent whose authority is strictly knowledge, training and experience. 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 necessary a lawyer. 7. PRO SE PRO SE is an appearance by a lawyer in his own behalf. In re: Joaquin, 241 SCRA 405 Appearance in propia persona is appearance in court by a non-lawyer for himself without the assistance of a member of the Bar. This is sometimes referred to as pro se practice While pro se practice is allowed, it is not advisable to do so. Court proceedings are full of technical pitfalls that may entrap a person unschooled in substantive and procedural law. 8. DISTINGUISH BETWEEN COUNSEL OFFICIO AND COUNSEL DE PARTE DE

service and secure justice for those who seek its aid. The gaining of a livelihood is not a secondary consideration.

Characteristics which distinguishes the legal profession from business: I. II. III. a duty of public service, of which the emolument is a by-product, and in which one may sustain the highest eminence without making much money; a relation as an officer of the court to the administration of justice involving thorough a relation to clients in the highest degree of fiduciary; a relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing directly with their clients.

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Counsel de Parte He is entitled to a reasonable attorneys fees agreed upon or in the absence thereof, on quantum merit basis. Counsel de Oficio The counsel may not demand from the accused attorneys fees even if he wins the case. He may however collect from the government funds if available based on the amount fixed by the court. Is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has as high a duty to a poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self-interest.(San Beda College of Law reviewer) 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. (SLU reviewer) 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. 9. PRACTICE OF LAW IS A PROFESSION NOT A BUSINESS The practice of law is a profession and not a business as it is an essential part in pursuit of which pecuniary reward is considered merely incidental, it is a pursuit of learned art in the interest of public service. Law is a profession and not a trade because its basic idea is to render sincerity, integrity, and reliability;public

10. What constituted practice of law? The practice of law is privilege only to those who possess the strict intellectual and moral qualification required of lawyers who are instruments in the effective and efficient administration of justice (In R: Agonsino 1997) 11. PRACTICE UNDER DETENTION People v. Hon. Bonifacio Maceda January 24, 2000 Facts: This case stems from denial by the SC of the Peoples motion seeking reconsideration of our August 13, 1990 decision holding that respondent Judge Bonifacio Sanz Maceda committed no grave abuse of discretion in issuing the order of August 8, 1989 giving custody over private respondent Avelino T. Javellana to the Clerk of Court of the Antique RTC, Atty. Deogracias del Rosario, during the pendency of Criminal Cases Nos. 3350-3355. At that time, sufficient reason was shown why Javellana should not be detained at the Antique Provincial Jail. The trial courts order specifically provided for private respondents detention at the residence of Atty. del Rosario. However, private respondent was not to be allowed liberty to roam around but was to be held as detention prisoner in said residence. It was howevere found that the order was not strictly complied with because Javellana was not detained in the residence of Atty. Del Rosario. He went about his normal activities as if he were a free man, including engaging in the practice of law. Issue: Whether or not Atty. Avelino T. Javellana can still engage in practice of law despite his arrest and detention? Held:

Private respondent Javellana has been arrested based on the filing of criminal cases against him. By such arrest, he is deemed to be under the custody of the law. The trial court gave Atty. Deogracias del Rosario the custody of private respondent Javellana with the obligation to hold and detain him in Atty. del Rosarios residence in his official capacity as the clerk of court of the regional trial court. Hence, when Atty. del Rosario was appointed judge, he ceased to be the personal custodian of accused Javellana and the succeeding clerk of court must be deemed the custodian under the same undertaking. As a matter of law, when a person indicted for an offense is arrested, he is deemed placed under the custody of the law. He is placed in actual restraint of liberty in jail so that he may be bound to answer for the commission of the offense. He must be detained in jail during the pendency of the case against him, unless he is authorized by the court to be released on bail or on recognizance. Let it be stressed that all prisoners whether under preventive detention or serving final sentence cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention. 12. PRIVATE PRACTICE OCA vs. Ladaga OFFICE OF THE COURT ADMINISTRATOR vs. ATTY. MISAEL M. LADAGAA.M. No. P-99-1287 January 26, 2001 Facts: Atty. Misael Ladaga, Branch Clerk of Court of the Regional Trial Court of Makati, appeared as counsel for and in behalf of his cousin, Narcisa Naldoza Ladaga, an accused in Criminal Case No. 84-885 for Falsification of Public Documents before the METC of Quezon City. It is also denied that the appearance of said respondent in said case was without the previous permission of the Court. During the occasions that the respondent appeared as such counsel before the METC of Quezon City, he was on official leave of absence. Moreover, his Presiding Judge, Judge Napoleon Inoturan was aware of the case he was handling. Respondent appeared as pro bono counsel for his cousinclient Narcisa Ladaga. Respondent did not receive a single centavo from her. Helpless as she was and respondent being the only lawyer in the family, he agreed to represent her out of his compassion and high regard for her. This is the first time that respondentever handled a case for a member of his family who is like a big sister to him. He appeared for free and for the purpose of settling the case amicably. Furthermore, his Presiding Judge was aware of his appearance as counsel for his cousin. On top of this, during all the years that hehas been in government service, he has maintained his integrity and independence. He failed to obtain a prior permission from the head of the Department. The presiding judge of the court to which respondent is assigned is not the head of the Department contemplated by law. Issue: Whether or not Atty. Ladaga, upon such several appearances, was engages into private practice? NO

Held: Respondent is charged under Sec. 7(b)(2) of the Code of Conduct and Ethical Standards for Public Officials and Employees which prohibits civil servants from engaging in the private practice of their profession. A similar prohibition is found under Sec. 35, Rule 138 of the Revised Rules of Court which disallows certain attorneys from engaging in the private practice of their profession. 13. ADMISSION TO THE BAR

In re: Cunanan Resolution Cunanan, et. al18March1954


FACTS OF THE CASE: In the manner of the petitions for Admission to the Bar of unsuccessful candidates of 1946 to 1953; Albino Cunanan et. al petitioners. In recent years few controversial issues have aroused so much public interest and concern as R.A. 972 popularly known as the Bar Flunkers Act of 1953. Generally a candidate is deemed passed if he obtains a general ave of 75% in all subjects w/o falling below 50% in any subject, although for the past few exams the passing grades were changed depending on the strictness of the correcting of the bar examinations(194672%, 1947- 69%, 1948- 70% 194974%, 1950-1953 75%).Believing themselves to be fully qualified to practice law as those reconsidered and passed by theS.C., and feeling that they have been discriminated against, unsuccessful candidates who obtained averages of a few percentages lower than those admitted to the bar went to congress for, and secured in 1951 Senate Bill no. 12, but was vetoed by the president after he was given advise adverse to it. Not overriding the veto, the senate then approved senate bill no. 372 embodying substantially the provisions of the vetoed bill. The bill then became law on June 21, 1953Republic Act 972 has for its object, according to its author, to admit to the Bar those candidates who suffered from insufficiency of reading materials and inadequate preparations. By and large, the law iscontrary to public interest since it qualifies 1,094 law graduates who had inadequate preparation for thepractice of law profession, as evidenced by their failure in the exams. ISSUES OF THE CASE: Due to the far reaching effects that this law would have on the legal profession and the administration of justice, the S.C.would seek to know if it is CONSTITUTIONAL. An adequate legal preparation is one of the vital requisites for the practice of the law that should be developed constantly and maintained firmly. The Judicial system from which ours has been derived, the act of admitting, suspending, disbarring, and reinstating attorneys at law in the practice of the profession is concededly judicial. The Constitution, has not conferred on Congress and the S.C. equal responsibilities concerning the admission to the practice of law. The primary power and responsibility which the constitution recognizes continue to reside in this court.

Its retroactivity is invalid in such a way, that what the law seeks to cure are not the rules set in place by the S.C. but the lack of will or the defect in judgment of the court, and this power is not included in the power granted by the Const. to Congress, it lies exclusively w/in the judiciary. Reasons for Unconstitutionality: 1. There was a manifest encroachment on the constitutional responsibility of the Supreme Court. 2. It is in effect a judgment revoking the resolution of the court, and only the S.C. may revise or alter them, in attempting to do so R.A. 972 violated the Constitution. 3. That congress has exceeded its power to repeal, alter, and supplement the rules on admission to the bar (since the rules made by congress must elevate the profession, and those rules promulgated are considered the bare minimum.) 4. It is class legislation. 5. Art. 2 of R.A. 972 is not embraced in the title of the law, contrary to what the constitution enjoins, and being inseparable from the provisions of art. 1, the entire law is void. HELD: Under the authority of the court:1. That the portion of art. 1 of R.A. 972 referring to the examinations of 1946 to 1952 andall of art. 2 of the said law are unconstitutional and therefore void and w/o force and effect.2. The part of ART 1 that refers to the examinations subsequent to the approval of the law (1953- 1955) is valid and shall continue in force. (those petitions by the candidates who failed the bar from 1946 to 1952are denied, and all the candidates who in the examination of 1953 obtained a GEN Ave. of 71.5% w/o getting a grade of below 50% in any subject are considered as having passed whether they have filed petitions for admissions or not.) 14. THE LEGISLATIVE ENACT TO REGULATED THE PRACTICE OF LAW Public Officials with Restrictions in the Practice of Law: 1. 2. 3. 4. Senators and members of the House of Representatives Members of the Sanggunian Retired Justice or judge Civil service officers or employees without permit from their respective department heads (Noriega vs. Sison 125 SCRA 293)

quasi-judicial and other administration bodies xxx (Art. VI, Sec. 14, 1987 Constitution). A lawyer-member of the legislature is only prohibited from appearing as counsel before any court of justice, electoral tribunals or quasi-judicial and administrative bodies The word appearance includes not only arguing a case before any such body but also filing a pleading in behalf of a client as by simply filing a formal motion, plea or answer. (Ramos vs. Manalac, 89 PHIL. 270) Neither can he allow his name to appear in such pleading by itself or as part of firm name under the signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally an agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. He cannot do indirectly what the Constitution prohibits directly. (In re: David 93 PHIL. 461) Restrictions in the practice of law of members of the Sanngunian Under the Local Government Code (R.A. 7180, Sec. 90), 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 unit, agency, or instrumentality of the government is the adverse party; b. appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; c. collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and d. use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the government. Restrictions in the practice of law of members of the Judiciary Under RA 910, Sec. 1, as amended, a retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies in the adverse party or in criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. 15. REQUIREMENTS FOR ADMISSION TO THE BAR Requirements for all applicants for admission to the Bar:

Restrictions in the Practice of Law of Members of the Legislature No senator or member of the House of Representatives may personally appear as counsel before any courts of justice or before the Electoral Tribunals, or

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citizen of the Philippines; at least 21 years of age; of good moral character; Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag, 291 SCRA 451, June 29, 1998) Philippine resident; Production before the Supreme Court satisfactory evidence of a. good moral character; and b. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines

in the event we regain our faith and confidence, we may retrieve our title to assume the practice of the noblest profession. ISSUE: Whether Atty. Vicente Raul Almacen must surrender his Lawyers Certificate of Title. RULING: ACCORDINGLY, IT IS THE SENSE of the Court that Atty. Vicente Raul Almacen be, as he is hereby, suspended from the practice of law until further orders, the suspension to take effect immediately. 16. PHILIPPINE SHARIAS BAR IN THE MATTER OF THE DISQUALIFICATION OF BAR EXAMINEE HARON S. MELING IN THE 2002 BAR EXAMINATIONS AND FOR DISCIPLINARY ACTION AS MEMBER OF THE PHILIPPINE SHARIA BAR,ATTY. FROILAN R. MELENDREZ, petitioner, B.M. No. 1154. June 8, 2004 Facts: On October 14, 2002, Atty. Froilan R. Melendrez (Melendrez) filed with the Office of the Bar Confidant (OBC) a Petition to disqualify Haron S. Meling (Meling) from taking the 2002 Bar Examinations and to impose on him the appropriate disciplinary penalty as a member of the Philippine Sharia Bar. In the Petition, Melendrez alleges that Meling did not disclose in his Petition to take the 2002 Bar Examinations that he has three (3) pending criminal cases before the Municipal Trial Court in Cities (MTCC), Cotabato City, namely: Criminal Cases Noa. 15685 and 15686, both for Grave Oral Defamation, and Criminal Case No. 15687 for Less Serious Physical Injuries. The above-mentioned cases arose from an incident which occurred on May 21, 2001, when Meling allegedly uttered defamatory words against Melendrez and his wife in front of media practitioners and other people. Meling also purportedly attacked and hit the face of Melendrez wife causing the injuries to the latter. Furthermore, Melendrez alleges that Meling has been using the title Attorney in his communications, as Secretary to the Mayor of Cotabato City, despite the fact that he is not a member of the Bar. Attached to the Petition is an indorsement letter which shows that Meling used the appellation and appears on its face to have been received by the Sangguniang Panglungsod of Cotabato City on November 27, 2001. Pursuant to this Courts Resolution dated December 3, 2002, Meling filed his Answer with the OBC.

Academic Requirements for Candidates: 1. 2. a bachelors degree in arts or sciences (a.k.a Prelaw course) completed course on 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. medical jurisprudence i. taxation j. legal ethics

ATTY. VINCENTE RAUL ALMACEN G.R.No. L27654 February 18, 1970 FACTS: IN THE MATTER OF PREOCEEDINGS FOR DISCIPLINARY ACTION AGAINST Before us is Atty. Vicente Raul Almacen's "Petition to Surrender Lawyer's Certificate of Title," filed on September 25, 1967, in protest against what he therein asserts is "a great injustice committed against his client by this Supreme Court." He indicts this Court, in his own phrase, as a tribunal "peopled by men who are calloused to our pleas for justice, who ignore without reasons their own applicable decisions and commit culpable violations of the Constitution with impunity." His client's he continues, who was deeply aggrieved by this Court's "unjust judgment," has become "one of the sacrificial victims before the altar of hypocrisy." In the same breath that he alludes to the classic symbol of justice, he ridicules the members of this Court, saying "that justice as administered by the present members of the Supreme Court is not only blind, but also deaf and dumb." He then vows to argue the cause of his client "in the people's forum," so that "the people may know of the silent injustice's committed by this Court," and that "whatever mistakes, wrongs and injustices that were committed must never be repeated." He ends his petition with a prayer that... a resolution issue ordering the Clerk of Court to receive the certificate of the undersigned attorney and counsellor-at-law IN TRUST with reservation that at any time in the future and

In his Answer, Meling explains that he did not disclose the criminal cases filed against him by Melendrez because retired Judge Corocoy Moson, their former professor, advised him to settle his misunderstanding with Melendrez. Believing in good faith that the case would be settled because the said Judge has moral ascendancy over them, he being their former professor in the College of Law, Meling considered the three cases that actually arose from a single incident and involving the same parties as closed and terminated. Moreover, Meling denies the charges and adds that the acts complained of do not involve moral turpitude. As regards the use of the title Attorney, Meling admits that some of his communications really contained the word Attorney as they were, according to him, typed by the office clerk. In its Report and Recommendation dated December 8, 2003, the OBC disposed of the charge of non-disclosure against Meling in this wise: The reasons of Meling in not disclosing the criminal cases filed against him in his petition to take the Bar Examinations are ludicrous. He should have known that only the court of competent jurisdiction can dismiss cases, not a retired judge nor a law professor. In fact, the cases filed against Meling are still pending. Furthermore, granting arguendo that these cases were already dismissed, he is still required to disclose the same for the Court to ascertain his good moral character. Petitions to take the Bar Examinations are made under oath, and should not be taken lightly by an applicant. Issue: WON the imposition of appropriate sanctions upon Haron S. Meling is proper and shall subsequently barred him from taking his lawyers oath and signing on the Roll of Attorneys Held: The Petition is GRANTED insofar as it seeks the imposition of appropriate sanctions upon Haron S. Meling as a member of the Philippine Sharia Bar. Accordingly, the membership of Haron S. Meling in the Philippine Sharia Bar is hereby SUSPENDED until further orders from the Court, the suspension to take effect immediately. Insofar as the Petition seeks to prevent Haron S. Meling from taking the Lawyers Oath and signing the Roll of Attorneys as a member of the Philippine Bar, the same is DISMISSED for having become moot and academic. Rationale: Practice of law, whether under the regular or the Sharia Court, is not a matter of right but merely a privilege bestowed upon individuals who are not only learned in the law but who are also known to possess good moral character. The requirement of good moral character is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law.

The disclosure requirement is imposed by the Court to determine whether there is satisfactory evidence of good moral character of the applicant. The nature of whatever cases are pending against the applicant would aid the Court in determining whether he is endowed with the moral fitness demanded of a lawyer. By concealing the existence of such cases, the applicant then flunks the test of fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect the good moral character of the applicant. 17. WHO MAY BE CALLED ATTORNEY Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: 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. 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. Factors of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record - one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom 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). Lead Counsel The counsel on their side of a litigated action who is charged with the principal management and direction of a partys case. House Counsel Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association an association of members of the legal profession. 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 advocate or counsel in superior court. Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado - it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law. ALAWI V ALAUYA PARTIES ALAWI, sales rep of E.B. Villarosa ALAUYA, incumbent executive clerk of court FACTS Through ALAWIS agency, a contract was executed for the purchase on installments by ALAUYA of a housing unit A housing loan was also granted to ALAUYA by the National Home Mortgage Finance Corporation (NHMFC) Subsequently, ALAUYA wrote a letter to the President of Villarosa advising termination of his contract on thegrounds that his consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by ALAWI and proceeded to expound using acerbic language A copy of the letter, which bore no stamps, was sent to the VP of Villarosa ALAUYA also wrote the NHMFC repudiating as void his contract with Villarosa and asking for cancellation of his loan

HELD:YES, PARTICULARLY SECTION 4 RATIO Section 4 public officials and employees at all times respect the rights of others, and refrain from doing actscontrary to law, public order, public safety and public interest ALAUYA, being a member of the Sharia Bar and an officer of the Court, may not use language which is abusive, offensive, scandalous, menacing or otherwise improper His radical deviation from these norms cannot be excused

ISSUE: W/N ALAUYA BEING A MEMBER OF THE SHARIA BAR CAN USE THE TITLE ATTORNEYH E L D N O , RESERVED ONLY FOR THOSE WHO HAVE BEEN ADMITTED AS MEMBERS OF THE INTEGRATED BAR RATIO: Court has already had an occasion to declare that persons who pass the Sharia Bar are not fullfledged membersof the Philippine Bar and may practice law only before Sharia courts ALAUYAS wish of not using counsellor because of confusion with councilor is immaterial becausedisinclination to use said title does not warrant his use of the title attorney

IN RE: VICTORIO LANUEVO(former Bar confidant) RAMON GALANG (1971 Bar Examinee) flunked in 1969, 1966-76, 1962-64 Bar exam FACTS: Administrative proceeding against Victorio Lanuevo for disbarment. Admitted having brought the five examination notebooks of Ramon E. Galang back to the respective examiners for reevalution or re-checking.The five examiners admitted having re-evaluated or re-checked the notebook to him by the Bar Confidant, stating that he has the authority to do the same and that the examinee concerned failed only in his particular subject and was on the borderline of passing. Ramon Galang was able to pass the 1971 bar exam because of Lanuevos move but the exam results bears that he failed in 5 subjects namely in (Political, Civil, Mercantile, Criminal & Remedial). Galang on the otherhand, denied of having charged of Slight Physical Injuries on Eufrosino de Vera, a law student of MLQU.

Finally, ALAUYA wrote 3 other letters to officers of the SC to stop deductions from his salary regarding the loanfrom NHMFC NHMFC also wrote the SC requesting it to stop said deductions

Learning of the letters, ALAWI filed a complaint alleging that ALAUYA Committed malicious and libelous charges Usurped the title of attorney ISSUEW/N ALAUYA VIOLATED THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS ANDEMPLOYEES

RULING: The court disbarred Lanuevo has no authority to request the examiners to re-evaluate grades of examinees w/o prior authority from Supreme Court. He does not possess any discretion with respect to the matter of admission of examinees to the bar. He does not a have any business evaluating the answers of the examinees. Consequently, Galang was also disbarred Sec. 2 of Rule 138 of the Revised Rules of Curt of 1964, candidates for admission to the bar must be of good moral character. Galang has a pending criminal case of Physical Injuries; he committed perjury when he declared under oath that he had no pending criminal case resulted him to revoked his license Aguirre v. RanaB. M. No. 1036June 10, 2003 Facts: Respondent has appeared before the Municipal Board of Election Canvassers as counsel in the May2001 elections. The minutes of the MBEC proceedings show that respondent actively participated inthe election proceedings. Respondent has likewise appeared in the MBEC proceedings even beforetaking the lawyer's oath on May 22, 2001. Issue: Whether or not respondent has engeaged in unauthorized practice of law. Ruling: The Supreme Court has ruled that he has engaged in unauthorized practice of law. Without license, respondent, as shown in the MBEC proceedings, has engaged in the practice of law. The exercise of such presupposes possession of integrity, legal knowledge, educational attainment and even public trust since a lawyer is considered an officer of the Court. A bar candidate does not acquire the right to practice law simply by passing the bar exams. The same is a privilege that can be withheld even from one who has passed the bar exams, if the person seeking admission had practiced law without license. The Rules of Court (Sec. 3(e), Rule 71) provides that a person is liable for indirect contempt of court for unauthorized practice of law.xxx 18. OBLIGATION OF NEWLY CONSTITUTED LAWYER & 19. CONTIUING REQUIREMENTS FOR THE PRACTICE OF LAW AFTER PASSING THE BAR. Duties of Attorneys: a. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; b. to observe and maintain the respect due to the courts of justice and judicial officers;

c. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he believes to be honestly debatable under the laws; d. to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; e. to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; f. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; g. not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause for any corrupt motive or interest; h. never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; i. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. 20. NON-LAWYER APPEAR IN COURT Non-Lawyers authorized to appear in court: 2. In cases before the MTC, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC). Before any other court, a party may conduct his litigation personally (Ibid) In a 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 a. resident of the province, and b. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC) A senior law student, who is enrolled in a recognized law schools 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.

3. 4.

5.

6.

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). Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9). Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138). Q A

3.

President, Vice-President, members of the cabinet, their deputies and assistants, (Art. VIII Sec. 15, 1987 Constitution). Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution). Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution).

4.

7.

5.

8.

Alawi vs. Alauya, A.M. SDC-97-2-P, February 24, 1997 Are persons who pass the Sharia Bar members of the Philippine Ba

Limitations of Appearance of non-lawyers 1. 2. He should confine his work to non-adversary contentions. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence. Services should not be habitually rendered. Should not charge or collect attorneys fees (PAFLU vs. BinalbaganIsabela Sugar Co. 42 SCRA 302)

Persons who pass the Sharia Bar are not full-fledged members of th practice before the Sharia courts. They are also not entitled to u reserved to those who, having obtained the necessary degree in the s the Bar Examinations, have been admitted to the Integrated Ba members thereof in good standing Does scrivening constitute practice of law?

Q A

3. 4.

NO. Scrivening or the filling of blanks in a standard or stereotyped f work without need for any legal interpretation. This is not practice o

All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). Those who, by special law, are prohibited from engaging in the practice of their legal profession Q. A. Can a civil service employee engage in the private practice of law? A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the government may not engage in private practice of law without the written permit from the head of the department concerned. However, government officials who by express mandate of the law are prohibited from practicing law may not, even with the consent of the department head, engage in the practice of law. If so authorized by the department head, he may, in an isolated case, act as counsel for a relative or close family friend. A government official forbidden to practice law may be held criminally liable for doing so. An officer or employee of the civil service who, as a lawyer, engages in the private practice of law without a written permit from the department head concerned may be held administratively liable therefor. The City of Manila hired the services of Atty. Bautista of the ABC Law Offices to represent it in case pending before the RTC. Can Atty. Bautista validly represent it? NO. A local government unit could not hire a private attorney to represent. The provisions of Sec. 1683 complemented by Sec. 3 of the Local Autonomy Law, is clear in providing that only the provincial prosecutor and the municipal attorney can represent a province or

A and B who are law students entered their appearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial judge. Is this correct?

NO. A non-lawyer may appear as a friend of the party before the Municipal Courts under Section 34, Rule 138 Rules of Court; he may make such appearances either as defense counsel or private prosecutor under the control and supervision of the fiscal. The permission of the fiscal is not necessary for the appearance of a private prosecutor, although if he so wishes, the fiscal may disallow participation in the trial by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov.29, 1983) Public Officials who cannot engage in the private practice of law in the Philippines: 1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC). 1. 2. Officials and employees of the OSG (Ibid).

Government prosecutors (Peo v. Villanueva, 14 SCRA 109). - if permitted by their department head should only be in isolated cases involving relatives or close family friends

Q.

A.

municipality. The provision is mandatory. The municipalitys authority to employ a private lawyer is expressly limited only to situations where the provincial prosecutor is disqualified to represent it, as when he represents that province against a municipality.

7.

Multiple choices Choose the correct answer. Write the letter corresponding to your answer.
1. 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. a. b. c. d. Practice of law Legal ethics Legal practice Moral practice

c. Pro se d. Counsel de Oficio 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-at-law b. Attorney ad hoc c. Attorney of Record d. Attorney in fact

a.

2. A friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. a. Amicus Curiae b. Attorney-in-fact c. Counsel de Parte d. Counsel de Oficio 3. Refers to the whole body of attorneys and counselors, collectively, the members of the legal profession. a. Bench b. Bar c. Pro se d. Counsel de Oficio 4. Denotes the whole body of judges. a. Bench b. Bar c. Pro se d. Counsel de Oficio 5. 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. a. Amicus Curiae b. Attorney-in-fact c. Counsel de Parte d. Counsel de Oficio 6. Appearance by a lawyer in his own behalf. a. Bench b. Bar

8. 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. a. Attorney-at-law b. Attorney ad hoc c. Attorney of Record d. Attorney in fact 9. Which of the following is not included as a duty of an attorney? a. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;

b. To observe and maintain the respect due to the courts of justice and judicial officers;
c. To counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he supervision and control of an IBP member duly accredited by the law school. d. None of the above

Which not a Limitations of Appearance of non-lawyers ? 5. He should confine his work to nonadversary contentions. 6. He should undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence.

7. Services should not be habitually rendered. 8. Should not charge or collect attorneys fees.
10. A and B who are law students entered their appearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial judge. Is this correct? a. NO. A non-lawyer may appear as a friend of the party before the Municipal Courts under Section 34, Rule 138 Rules of Court; he may make such appearances either as defense counsel or private prosecutor under the control and supervision of the fiscal. b. Yes, because a student can appear only before the municipal Court as private prosecutors in a civil case only. c. YES. A non-lawyer may not appear unless he pass the bar, he take the Lawyers Oath before the SC, sign the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice. d. None of the above

12. To whom may the Supreme Court refer complaints against lawyers for investigation?

a. Integrated Bar of the Philippines. b. Office of the Bar Confidant. c. Judicial and Bar Council. d. . Office of the Court Administrator.
13. covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience. a. Private practice b. Public pactice c. Practice of law d. None of the above 14. Which of the following is not a requirement for all applicants for admission to the Bar? a. citizen of the Philippines; b. at least 18 years of age c. of good moral character d. Philippine resident 15. Which the correct? following statement is not

11. Serving as counsel de oficio, Atty. Mamerto advised John of the consequences of his plea of not guilty to the charge. Before trial could be held, however, the presiding judge died. As it happened, Atty. Mamerto was appointed judge and Johns case was assigned to him by raffle. John quickly moved for the judges disqualification. Is Judge Mamerto under obligation to inhibit himself from the case? a. No, because his service to John was just momentary. b. Yes, because his knowledge of Johns case affects his judgment. c. No, because he was merely a counsel de oficio. d. Yes, because he served as John's counsel.

a. The practice of law is a profession and not a business as it is an essential part in pursuit of which pecuniary reward is considered merely incidental, it is a pursuit of learned art in the interest of public service b. The practice of law is privilege only to those who possess the strict intellectual and moral qualification required of lawyers who are instruments in the effective and efficient administration of justice. c. Practice of Law means any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience.. d. None of the above.

16. One who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. a. Attorney of Record b. Attorney ad hoc c. Attorney-at-law d. Attorney in fact 17. A person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made. a. Attorney of Record b. Attorney ad hoc c. Attorney-at-law d. Attorney in fact 18. Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. a. Lead Counsel b. House Counsel c. Of Counsel d. Barrister 19. The counsel on their side of a litigated action who is charged with the principal management and direction of a partys case. a. Lead Counsel b. House Counsel c. Of Counsel Barrister