Professional Documents
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CONCEPT OF LEGAL ETHICS ADMISSION TO THE BAR
Legal Ethics branch of moral science
Requirements for Admission of the Bar:
that treats of the duties, which an attorney
(CAREMBOA)
owes to the court, to his client, to his
colleagues in the profession and to the
1. C itizen of the Philippines;
public.
2. Ag
e: at least 21 years of age
SOURCES OF LEGAL ETHICS
3. Re sident of the Philippines
● Constitution
● Rules of Court
● Statutes
● Jurisprudence
4. E ducational Background
● Canons of Professional Ethics
● Completed four years in high
● Code of Professional Responsibility
school
● Treatises and
● Completed a Bachelor’s Degree
● Other sources
● Completed a Bachelor of Laws
degree, or its equivalent in a
ADMISSION TO THE BAR foreign law school, provided that he
must present proof of having
completed a separate bachelor's
Who May Practice Law? degree course. (Sec. 6, Rule 138,
Basis: Sec. 1, Rule 138, Rules of Court RoC; Re: Letter of Atty. Mendoza,
B.M. 1153, 2010)
“Any person heretofore duly admitted as a ● No applicant who obtained the
member of the bar, or hereafter admitted Bachelor of Laws degree in this
as such in accordance with the provisions jurisdiction shall be admitted to the
of this rule, and who is in good and regular bar examination unless he or she
standing, is entitled to practice law.” has satisfactorily completed the
following course in a law school or
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Concept of Legal Ethics/Sources of Legal Ethics
DE LA SALLE LIPA - COLLEGE OF LAW
LEGAL ETHICS REVIEWER 2018
● Membership in the legal profession
ADMISSION TO THE BAR is a privilege demanding a high
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Committee Of Examiners:
ADMISSION TO THE BAR Basis: Sec. 12, Rule 138, RoC, pursuant
to Bar Matter No. 1161 (2009)
● Examinees shall not place their
names on the examination papers. Exam will be conducted by a committee of
● No oral examination shall be given. bar examiners, appointed by the Supreme
Court.
Subjects:
This committee shall be composed of:
Subject Time Weight
● One (1) Justice of the Supreme
Court as chairman;
Political & 1 st Day 15%
● Eight (8) members of the IBP, who
International Law Morning
shall hold office for a period of one
Labor & Social 1 st Day 10% year.
Legislation Afternoon The names of the members of this
Civil Law 2 nd Day 15% committee shall be published in each
Morning volume of the official reports. (Sec. 12,
Rule 138, RoC)
Taxation 2 nd Day 10%
Afternoon Pursuant to Bar Matter No. 1161 (2009):
Mercantile Law 3 rd Day 15% ● Two (2) examiners are designated
Morning per bar subject.
● Acting as a sort of liaison officer
Criminal Law 3 rd Day 10% between the Court and the Bar
Afternoon Chairman, on one hand, and the
Remedial Law 4 th Day 20% individual members of the
Morning Committee, on the other, is the Bar
Confidant who is at the same time
Legal Ethics and 4 th Day 5%
a deputy clerk of the Court.
Practical Exercises Afternoon
Results:
Passing Average: Basis: Sec. 15, Rule 138, RoC
Basis: Sec. 14, Rule 138, RoC The committee shall file its report on the
General average of 75% in all subjects, bar exam results not later than February
With no grade below 50% in any subject. 15th after the exam, or as soon as
practicable.
Exam papers and notes of the committee
shall be filed with the clerk, and may be
examined by the parties in interest, after
the Court has approved the report.
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Continuing Requirements:
ADMISSION TO THE BAR Upon admission as member of the Bar,
lawyers must remain member in good and
Flunkers: regular standing:
Candidates who have failed the bar
examinations for three times shall be 1. Must be a member of the
disqualified from taking another Integrated Bar of the Philippines
examination, unless they show to the (IBP);
satisfaction of the Court that they have 2. Must regularly pay all IBP
enrolled in and passed regular fourth year membership dues and other lawful
review classes, as well as attended a assessment;
prebar review course in a recognized law 3. Must observe faithfully the rules
school. and ethics of the profession;
4. Should be subject to judicial
7. O ath disciplinary control
PRACTICE OF LAW
CONCEPT:
8. A ttorney’s Roll
The Roll of Attorneys is the listing of all
attorneys licensed to practice law.
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NONLAWYERS IN COURTS This is also expressly allowed in Art. 222
● In the court of a municipality, a of the Labor Code. There are laws which
party may conduct his litigation in allow representation of another by
person, with the aid of an agent or nonlawyers before such bodies.
friend appointed by him for that
purpose, or with the aid of an 1. The 2011 NLRC Rule of Procedure ,
attorney. promulgated pursuant to Art 218(a),
Labor Code , allows
● In any other court, a party may a. nonlawyers, who are not
conduct his litigation personally or necessarily a party to the case, to
by aid of an attorney, and his represent a union or members
appearance must be either thereof;
personal or by a duly authorized b. nonlawyers who are
member of the bar (Sec 34, Rule dulyaccredited members of any
138) legal aid office recognized by the
Department of Justice or Integrated
“Public policy demands that legal work in Bar of the Philippines; and
representation of parties should be c. nonlawyer owners of
entrusted only to those possessing tested establishments, to appear before it.
qualifications.” ( PAFLU v. Binalbagan, G.R.
No. L23959, 1971) 2. Under Sec. 9, Act 2259 (Cadastral
Act) , a claimant may appear by himself, or
“The Supreme Court, in the exercise of its by some person in his behalf, before a
judicial power, can validly authorize a cadastral court. In order that these laws
layman to represent a litigant in court. will not infringe upon the power of the
(Agpalo, 2004) Supreme Court to regulate the practice of
law, the following limitations must be
A nonlawyer conducting his own litigation observed:
is bound by the same rules in conducting a. The nonlawyer should confine his
the trial of his case. He cannot, after work to nonadversary contentions
judgment, claim that he was not properly and should not undertake purely
represented. (Agpalo, 2004) legal work (i.e., examination of
witness, presentation of evidence);
b. The services should not be
NONLAWYERS IN ADMINISTRATIVE habitual;
TRIBUNALS: c. Attorney’s fees should not be
A party may also appear on his own charged
behalf, his organization or members
thereof, before administrative bodies.
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LEGAL ETHICS REVIEWER 2018
PROCEEDINGS WHERE LAWYERS ARE Persons not Lawyers:
PROHIBITED FROM APPEARING For persons not lawyers as well as lawyers
1. In small claims cases, no attorney who appear without authority, the following
shall appear in behalf of or may be availed:
represent a party at the hearing, 1. Petition for injunction;
unless the attorney is the plaintiff or 2. Declaratory Relief;
defendant. If the court determines 3. Contempt of Court;
that a party cannot properly 4. Disqualification and complaints for
present his/her claim or defense disbarment;
and needs assistance, the court 5. Administrative complaint against
may, in its discretion, allow another the erring lawyer or government
individual who is not an attorney to official;
assist that party upon the latter's 6. Criminal complaint for estafa
consent. (Sec. 17, Rules of against the person who falsely
Procedure in Small Claims Cases) represented himself as a lawyer to
2. In all katarungang pambarangay the damage of another.
proceedings, the parties must
appear in person without the PUBLIC OFFICIALS AND PRACTICE OF
assistance of the counsel or LAW
representative, except for minors
and incompetents who may be A. Prohibition or disqualification of
assisted by their next of kin who former government attorneys
are not lawyers. (Sec. 415, Local Basis: Sec. 7(b), R.A. 6713
Government Code) Public officials and employees during their
incumbency shall not:
1. Own control, manage or accept
SANCTIONS FOR PRACTICE OR employment as officer employee,
APPEARANCE WITHOUT AUTHORITY: consultant counsel. Broker. Agent.
Trustee or nominee/in any private
Lawyers without Authority: enterprise regulated, supervised or
Basis: Sec. 27, Rule 136, Rules of Court licensed by their office/unless
Corruptly or willfully appearing as an expressly allowed by law;
attorney for a party to a case without 2. Engage in the private practice of
authority to do so is a ground for their profession unless authorized
disbarment or suspension. by the Constitution or law, provided
that such practice will not conflict or
tend to conflict with their official
functions;
3. Recommend any person to any
position in a private enterprise
which has a regular or pending
official transaction with their office.
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These prohibitions shall continue to apply 9. Civil service officers or employees
for a period of one year after resignation , whose duties require them to
retirement or separation from public office, devote their entire time at the
except in case of the second. disposal of the government (Catu
vs. Rellosa, A.C. 5738, 2008);
Also, the one year prohibition applies to 10. Those who, by special law, are
practice of profession in connection with prohibited from engaging in the
any matter before the office be used to be practice of their legal profession.
with.
Relative Prohibition:
B. Public officials who cannot practice 1. No senator or member of the House of
law or with restrictions Representatives may personally appear as
counsel before any court of justice or
ABSOLUTE PROHIBITION before the Electoral Tribunals, or
quasijudicial, and other administrative
1. Judges and other officials or bodies. (Sec. 14, Art.VI, 1987 Constitution)
employees of Superior courts. a. The word “appearance” includes
(Sec. 35, Rule 148); not only arguing a case before any
2. Officials and employees of the such body but also filing a pleading
Office of the Solicitor General. on behalf of a client. (Ramos vs.
(Sec. 35, Rule 148); Manalac, G.R. L2610, 1951)
3. Government Prosecutors
(LimSantiago vs. Sagucio, A.C. 2. Sanggunian members may practice law
6705, 2006); except during session hours and provided
4. President, vicepresident, cabinet they shall not:
members their deputies and a. Appear as counsel before any
assistants (Sec. 15, Art.VII, court in any civil case wherein a
Constitution); local government unit or any office,
5. Chairmen and members of agency, or instrumentality of the
Constitutional commissions (Sec. government is the adverse party;
2, Art. IXA, Constitution); b. Appear as counsel in any criminal
6. Members of the Judicial Bar case wherein an officer or
Council (Sec. 2, Art.IXA employee of the national or local
Constitution); government is accused of an
7. Ombudsman and his deputies offense committed in relation to his
(Sec.8 (2), Art. X, Constitution); office;
8. All governors, city and municipal c. Collect any fee for their
mayors (Sec. 90 (a), RA 7160); appearance in administrative
proceedings involving the local
government unit of which he is an
official; and
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d. Use property and personnel of the LAWYER’S OATH
government except when the
sanggunian member concerned is
defending the interest of the
government. (Sec. 90(b), RA 7160)
Special Restrictions:
Basis: Sec. 1, R.A. 910
The pension of justices therein is provided
with a condition that no retiring justice,
during the time that he is receiving said
pension shall:
1. Appear as counsel before any
court in any civil case wherein the
Government or any subdivision or
instrumentality thereof is the
adverse party;
2. In any criminal case wherein and
officer or employee of the
government is accused of an
offense committed in relation to his
office; or
3. Collect any fee for his appearance
in any administrative proceedings
to maintain an interest adverse to
the Government, insular, provincial
or municipal, or to any of its legally
constituted officers.
LAWYERS AUTHORIZED TO
REPRESENT THE GOVERNMENT
Any person appointed to appear for the
Government of the Philippines shall be
allowed to appear in court, subject to
pertinent laws.
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