LEGAL PROFESSION

I. Introduction

A. Legal Profession

- is a branch of the administration of justice whose main purpose is to aid in

the doing of justice according to law between state and the individual and
between man and man.
- is affected with public interest.
- paramount concern is to obtain justice in the most efficient and effective
manner.
- vital element in nation building (there is no progress in a country without a
rule of law)

Paramount – highest, chief

B. Legal Profession as a Subject:

- introduces to a law student the ethical and moral objectives of a law to the
court, to his client, to his colleagues in the bar and to the society.

C. Nature of an Attorney

- advocate or counsel
- one who aids in the administration of justice
- class of person who are by license constituted officers of the courts of
justice, and empower to appear and prosecute and/or defend someone and
whom peculiar duties, responsibilities & liabilities are devoted by law in
consequence.
- officer of the court

Advocate
- is someone who speaks on behalf of another person, especially in a legal
context

D. Brief History of Legal Education

- formally began with establishment of faculty of Civil Law and U.S.T. in 1733
- 1910: U.P. College of Law opened with 50 Filipino and American Students
- 1964: R.A. 3876 created U.P. Law Center for conducting continuing legal
education programs, legal research and publications.
- 1993: R.A. 7662 (Legal Education Act) emphasizes on advocacy, legal
counseling, ethics, quality of law school, law curriculum, etc.

Sources of Philippine Legal Education:

1. Spain (Roman Civil Law and Canon Law)
Canon law
- is the body of laws and regulations made or adopted
by ecclesiastical authority, for the government of the Christian
organization and its members.

Ecclesiastical jurisdiction
 - in its primary sense does not signify jurisdiction over
ecclesiastics ("church leadership"), but jurisdiction exercised by
church leaders over other leaders and over the laity

2. US (English Cannon Law)

Canon Law, the Canon law of the Catholic Church,
- is a fully developed legal system, with all the necessary
elements: courts, lawyers, judges, a fully articulated legal code
and principles of legal interpretation.

3. Indo – Malayan Influence (Islamic Law)

The Sharia (literally "the path leading to the watering place")
- is Islamic law formed by traditional Islamic scholarship, which
most Muslim groups adhere to. In Islam, Sharia is the expression
of the divine will, and "constitutes a system of duties that are
incumbent upon a Muslim by virtue of his religious belief3

4. Code of Kalantiao
The Code of Kalantiaw was a mythical legal code in the epic
story Maragtas. It is said to have been written in 1433 by
Datu Kalantiaw, a chief on the island of Negros in the Philippines.
It was actually written in 1913 by Jose E. Marco as a part of his
historical fiction Las antiguas leyendas de la Isla de
Negros (Spanish, "The Ancient Legends of the Island of Negros"),
which he attributed to a priest named Jose Maria Pavon.

SAMPLE: CODE OF KALANTIAW

ARTICLE I
You shall not kill, neither shall you steal, neither shall you do
harm to the aged, lest you incur the danger of death. All those
who infringe this order shall be condemned to death by being
drowned in the river, or in boiling water.
ARTICLE II
You shall obey. Let all your debts with the headman be met
punctually. He who does not obey shall receive for the first time
one hundred lashes. If the debt is large, he shall be condemned
to thrust his hand in boiling water thrice. For the second time, he
shall be beaten to death.

II. Nature of Legal Profession

A. Practice of law is Profession

- refers to a group of men/women pursuing a learned art as a common

calling in the spirit of public service.
- differs from a trade or business
- gaining profits is merely incidental
- a form of public trust, the performance of which is entrusted only to those
who are qualified and who possess good moral character
Good Moral Character
- mean character that measures up to the standards of average
citizens of the community where you live
- including at least common honesty. A lawyer is expected at all times
to uphold the integrity and dignity of the legal profession by faithfully
 performing his duties to society, to the bar, to the courts of justice
and to his clients

Business
- Goods and services are exchanged for one another or money, on the
basis of their perceived worth.

B. Ideas Involved in a Profession

1. Organization
- Is a social group which distributes task for collective goal.
- An association of persons practicing the profession of law formed and
maintained to promote and spirit of that profession
- IBP

The Integrated Bar of the Philippines (IBP) is the national

organization of lawyers in the Philippines. It is the mandatory bar
association for Filipino lawyers.

History

The IBP was established as an official organization for the

legal profession by Republic Act No. 6397. The law
confirmed the constitutional power of the Philippine
Supreme Court to adopt rules for the integration of the
Philippine Bar. Consequently, Presidential Decree 181
constituted the IBP into a corporate body in 1973.

On January 9, 1973, the Supreme Court ordained the

integration of the Philippine Bar.[1] The IBP Constitution and
By-Laws shortly followed.[2]

Then recently-retired Supreme Court Associate

Justice J.B.L. Reyes was named as the first Chairman of the
IBP in 1973. He served in that capacity until 1975, and was
the Chairman emeritus for the remainder of his life. Reyes
had been a longtime proponent of bar integration in the
Philippines.

Membership

The IBP Constitution and By-Laws considers the following,

"automatically and without exception," as members of the
IBP:[5]

- All lawyers whose names were in the Roll of

Attorneys of the Supreme Court on January 16, 1973.

- All lawyers whose names were included or are

entered therein after the said date.
 There are currently about forty-thousand (40,000) living
attorneys who comprise the IBP.[6]

These are the attorneys whose names appear in the Rolls

of Attorneys of the Supreme Court. They have qualified for
and have passed the Philippine Bar Examination conducted
annually, and have taken the attorney’s oath, unless
otherwise disbarred.

Membership in the IBP is compulsory for all lawyers in the

country. The Philippine Supreme Court has required all
lawyers to indicate their Roll of Attorneys Number in all
papers and pleadings filed in judicial and quasi-judicial
bodies in additional to the previously required current
Professional Tax Receipt (PTR) and IBP Official Receipt or
Life Member Number.

REPUBLIC ACT NO. 6397

AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR
AND APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

Section 1. Within two years from the approval of this Act,

the Supreme Court may adopt rules of court to effect the
integration of the Philippine Bar under such conditions as it
shall see fit in order to raise the standards of the legal
profession, improve the administration of justice, and
enable the Bar to discharge its public responsibility more
effectively.

Sec. 2. The sum of five hundred thousand pesos is hereby

appropriated, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this
Act. Thereafter, such sums as may be necessary for the
same purpose shall be included in the annual
appropriations for the Supreme Court.

Sec. 3. This Act shall take effect upon its approval.

2. Learning
- Acquiring new or modifying existing knowledge

3. Spirit of Public Service

- Every profession aims at the exercise of powers beneficial to mankind
- Perquisite of a sound administration of justice

C. A privilege and a right

Right
- “Powers of free action”
- Inherent in one person and incident upon another
- Already given.
- Right to breathe

Privilege
- Granted by the state only to those deserving individuals
- Nature of franchise
- Right to practice law
- others enumerated in the code of professional responsibility

Privileges of an attorney
1. He has the right and privilege to practice law before any judicial, quasi-
judicial and
Administrative tribunal
2. Enjoys the presumption of regularity in the discharge of his functions
3. Immunity from liability to 3rd person in the performance of his obligation
to his client
4. His statements are privileged
5. He has the right to protest in a respectful manner
6. Eligibility for any position in the classified service in the government

Negotiation - is defined as the process of submission and consideration of

offers until acceptable offer is made and accepted. Essential elements in
negotiation are: Proposals, counter proposals, reconsiderations,
compromise, advice to clients, clients instruction to counsel.

Conciliation - refers to the adjustment and settlement of a dispute in a

friendly, unantagonistic manner

Disbarment - is the act of the court in withdrawing from an attorney the

right to practice law. It is an administrative proceedings instituted to
revoked the license of the lawyer to practice his profession by reason of
misconduct.

Suspension - is the act of the court prohibiting an attorney from practicing

law for a certain period. It is sometimes referred to as qualified disbarment
because the lawyer is temporarily deprived of his right to practice his
profession.
Common grounds:
1. Deceit;
2. malpractice or other gross misconduct in office;
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of any superior court; or
7. corrupt or willful appearance as an attorney for a party to a case without
authority to do so.

A lawyer has the right, after due notice, to be heard and defend himself in
suspension proceedings. In disbarment proceedings, he should be allowed
reasonable time to make his defense.’

The Supreme Court may reinstate an attorney at law who has been
disbarred for reasons and upon assurances satisfactory to the court that he
has reformed himself.

D. Standards of Legal Profession

A. Independence
- Lawyer’s relation to his client
“Lawyer must represent his client w/ zeal w/in the bounds of the law”
- Lawyers owes entire devotion and loyalty to his client

B. Accessibility
- Readily available of services to the people
- services must be made available at the earliest possible time and not
when a case was already in court

C. Learning
- A lawyer must service his client with competence and diligence”
- MCLE

Diligence - to pay careful attention to something

Competence - indicates sufficiency of knowledge and skills

BAR MATTER NO. 850

[August 22, 2000]
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORY CONTINUING

LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

EN BANC

RESOLUTION

Considering the Rules on Mandatory Continuing Legal

Education (MCLE) for members of the Integrated Bar of the
Philippines (IBP), recommended by the IBP, endorsed by
the Philippine Judicial Academy, and reviewed and passed
upon by the Supreme Court Committee on Legal Education,
the Court hereby resolves to adopt, as it hereby adopts,
the following rules for proper implementation:

RULE 1: PURPOSE

Section 1. Purpose of the MCLE

 Continuing legal education is required of members of
the Integrated Bar of the Philippines (IBP) to ensure
that throughout their career, they keep abreast with
law and jurisprudence, maintain the ethics of the
profession and enhance the standards of the practice
of law.

a. What is MCLE?
Credit Units - The measure of compliance with the MCLE
requirement under the Rules based on the category of the
lawyer’s participation in the MCLE activity.
Credit Hours - Actual time spent in an education activity (actual
instruction, speaking time or participation) computed in hours to
the nearest one-quarter hour (15 minutes) reported in decimals.

b. Minimum Education Requirement

Every member of the IBP must complete at least thirty-six (36)

credit units of mandatory continuing legal education (MCLE)
every three (3) years during the compliance period. The subjects
are divided as follows:

MCLE Subjects: Credit Units

a. Legal Ethics
b. Trial and Pre-Trial Skills
c. Alternative Dispute Resolution
d. Updates on Substantive and Procedural Laws and
Jurisprudence
e. Legal Writing and Oral Advocacy
f. International Law and International Conventions
g. MCLE Prescribed Subjects
1. Technology and the Law
2. Law and Economics
3. Environmental Law
4. International Legal Processes
5. Transnational Business Transactions
6. Law Reforms in Specific Areas
7. Law as a Means of Social Control

c. Compliance Period

The initial compliance period shall be from April 15, 2001 up to

April 14, 2004. All succeeding compliance periods shall begin the
day after the end of the preceding compliance period. The initial
compliance period for members newly admitted or readmitted to
the IBP shall begin on the first day of the month of admission or
readmission and end on the same day as that of all other
members.

d. Computation of Credit Units

 Credit units will be given only for the time spent in legal
education activities which have been previously approved by the
Committee and conducted by an accredited provider.

Every approved education activity shall be conducted for at least

one hour. However, if it should exceed one hour, one-half credit
unit shall be given for every half hour beyond the initial hour.
e. Compliance Procedure

I. Each member shall secure from the MCLE Committee a

Compliance Card before the end of his compliance period.
II. The member shall complete the card by attesting under oath
that he has complied with the education requirement or that he
is exempt.
III. Such compliance card must be returned to the Committee not
later than the day after the end of the member’s compliance
period.

f. What Constitutes Non-Compliance

I. Failure to complete the education requirement within the compliance

period;
II. Failure to provide attestation of compliance or exemption;
III. Failure to provide satisfactory evidence of compliance within the
prescribed period;
IV. Failure to satisfy the education requirement and furnish evidence of
such compliance within sixty (60) days from receipt of non-compliance
notice;
V. Failure to pay non-compliance fee within the prescribed period;
VI. Any other act or omission analogous to any of the foregoing or
intended to circumvent or evade compliance with the MCLE
requirements.

* Members failing to comply will receive a Non-Compliance Notice and

will be given sixty (60) days from the date of notification to file a
response clarifying the deficiency or otherwise showing compliance
with the requirements.
** Members given sixty (60) days to respond to a Non-Compliance
Notice may use this period to attain the adequate number of credit
units for compliance.
*** Credit units earned during the sixty (60) day period may only be
counted toward compliance with the prior compliance period
requirement unless units in excess may be counted toward meeting
the current compliance period requirement.

g. Consequences of Non-Compliance

1. A member who fails to comply with the requirements after the sixty
(60) day period for compliance has expired shall be listed as a
delinquent member of the IBP and shall not be permitted to practice
law until such time as adequate proof of compliance is received by the
MCLE Committee.
2. A member who shall be listed as delinquent shall pay a non-
compliance fee of P1,000.
3. Reinstatement for Members Declared as Delinquent
4. A member involuntarily listed as delinquent shall only be reinstated
upon proof of compliance with the MCLE requirement, including
payment of compliance fee.