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    Legal Ethics Pineda PDF

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    lisha Villacanas

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    LEGAL ETHICS PRELIMINARY Legal Ethics, Meaning —It is the branch of moral selence which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profes- ‘sion and to the public (Malcolm, Legal and Judicial Ethics, 8 [1949}) as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Profes” sional Ethics, jurisprudence, moral law and special laws. ‘Legal Ethics, A Prescribed Subject —Legal Ethics is a prescribed subject in all law schools. It provides the needed moral foundation in the study of law intended to guide the student throughout his life. It has been one of the subjects in Bar Examinations in the Philippines since 1918. Significance Of Legal Ethies.—the practice of law which covers a wide range of activities characteristic of the legal profession, including the pursuit and defense of Clients rights and interests before the courts, wil be transgressive, anarchic, riotous, lawbreaking, defiant and Gisobedient to courts—if there are no sets of governing sites to limit the parameters and tame the exercise of the profession. abuses and ills of Legal Ethics will guard against the abuses ane ee Ee® as dishonesty. cece, immoral diligence and the many negligence, slothness. lack of ili ‘Sion, encourage ane enhance Brien and order iy Soordtination with the other Departments of the Govern in Bases Of Legal Ethics. —Legal Ethies tn the rooted in the following 1, Canons af Professional Ethics. The Canons were framed by the American Bar Association in 1908. The ‘same were adopted in the Philippines: in 1917 by the ‘Bar when the country Was stil a colony of the States. The Canons were subsequently revised, The ‘eviseat Canons were adopted in the Philippines in 1946. Supreme Court Decisions. Many of our rules on ethics were drawn from decisions of our Supreme Coun ‘Supreme Court of the United States which have ‘anal bearing to the practice of law in the country Statutes, Some laws provide for sources of les the Civil Code (Art, 1491 [5], Art. 2208). the Penal Code (Art, 209) and many special laws 4. Constitution, The Constitution bestowed on the ‘Supreme Court the prerogative to promulgate rules om the axtinission to the Bar, the integration of the bar" and le assistance to the underprivileged (AM. VIN, Section 5 [5 1987 Constitution), 3. Treatises and Publications, Works Boe of wellknown authors have been used and ches fy one as standards and guidelines on the eee GME conduct nc Present Basis Of Philippine Legal Ethi a baa — Today the mai af our legal ethics the Code at make i f ° i ie bees ‘were based on the 1879 Constitution Prawn from the Constitution “Tu aeons approval. It took the Supreme Conn sores, Cau yearn to decide on tin tory na Hts the embod Seal bodiment into Rules of Cour : non of Profen: He and dect than seven Promulgation aw a code of Responsibility was finally rt on Sune 21, 1988, The ol a suggestion, promt. Highest Court of the land islon over all members of Code ts a Judicial command, ated as At by no less than the which has supremacy of supervis the Bar, Importance Of The New Code.—the Cade has po vided: the legal protesion an fnpresan of ernay Sense of independence tuned othe lal an Practices and customs in the county. Ts sens tty and independence has lven the Fine lage te feeling of ride and emancipation rom fore Cann ‘There seems to be nothing more which ts not covered by the Code of Professional Responsibility comp American Canons of Profession many years (starting in 1917) nurtured the code of for the Filipino lawyers. ‘As the years 40 0 Philippines and the time to Improve the Code of Professional Responsibility to better enhance and strengthen the ethies of the legal profession. Bar and Bench. Bar refers to the whole body of at- tomeys and counsellors; collectively, the members of the legal profession; they are figuratively called the “bar” to distinguish them from the “bench,” which terms denote the whole body of judges (See Black's Law Dictionary, Sixth Edition, p. 148). Bar refers to the “collectwity of persons whose names ‘ppear tn the Roll of Attomeys (Garcia vs. De Vera, 418 27. In the Philippines, it is kown as the Integrated Bar of the Philippines where membership is mandatory. Bar Admission. Act by which one Is licensed to prac- tice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdic- tion (Black's Law Dictionary, Stxth Edition, p. 149). Lawyer, This is the general term for a person trained in the law and authorized to advise or represent others in legal matters. [A lawyer is a person lcensed to practice law (Black's Law Dictionary, 6th Ed., p. 888) ‘Trial Lawyer. A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution oF for the defense of cases of clients. : tee of Practising Lawyer. One engaged in the pra rate dr aw means any activi n oF out of COUF. stich requires the application of law, legal procaine owledge, training and experience. To engai be {eristies of the profession. Generally, to practice law 18 ce of render any kind of service, which devi give notice . , etwvice requires the use in any degree of lee er akill” (Cayetano vs. Monsod, 201 SCRA 2101 law, =_4 | Preunanary Wote: Atl tat awye otal practising ayers are tial een Clic e oo Tega advice orf a eEREES the serves fa laser or Suit his behalf and usualy fore ees OF Aefending a i lawyers, but An attorney-at-law is a person admitted to practice law in his respective state and authorized to perform both eWil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, “and Tepresenting such before courts, administrative agencie boards, ete: (Black’s Law Dietionary, Sixth Ealtion, p. 128). Wote: Attorney-at-law is synonymous with counsel lor-at-law, lawyer, attorney, counsel, “abogado” and “bo- eros’) Alawi vs. Alauya 268 SCRA 639 Facts: Alauya is the incumbent executive clerk of court ofthe ath Judicial Shara District in Maa City. A complaint was filed against him by Sophin ‘Alawi with the Supreme Court seeking his dismissal from the service. Alaw's complaints anchored on ‘Alauya’s "malicious and libelous charges" resulting in fundue injury to her honor and reputation, contained in letters sent to Es Vilaros and Company and Home Mortgage Finance Corporation. In his leter to en es Signed his nane with the prefix “At Issue: As an officer of the Shasta court, is Atuya ented a use the eA? "suse ofthe title of “AE Held: As regards Alauya’s use s torney.” this Court had already the occasion to a Lina Reraes one wo nn been ate To ‘one who has been admitted to the het may both be conacred uta that they ae cou race ea only the latter ts an “attorney,” The title ‘served {0 those who, having obalned he Recessary degree in the study of law ands b taken the Bar Examinations, have been ai the Int aed Bar of the Philippines and Uhereot tn good stancling anid 148 they’ 6 who are authorized to practice law im this Alauya. says fhe does not wish to use “eounseltor” oF “counsellor-at-avy,” because iB itlon, there are pejorative connotations 10 the: {UIs confusingly similar to that given to local tors. The ratiocination, valld or nol, is of No mot His disinclination to use the Ulle of "coun not warrant his use of the title of attorney, 1m re: Garela ae 2 SCRA 985 | Pacts: A Filipino eitzen who had Anished the Jaw course In Spain ane! thereafter allowed to practice the profession in sald country. filed a petition to prae= tice law in the Philippines without passing the te quired bar examinations provkled for in Section Lor | Rule 127 of the Rules of Court. / Issue: Can Arturo E, Garela be admitted to practice Jaw in the Philippines without passing the Bar? Held: After duc considerations, the Court re solved to deny the petition on the following ground (1) ‘The provisions of the Treaty on Academie Degrees and the Exerelse of Professions between the: Republie of the Philippines and the Spanish State ean not be invoked by applicant, Under Article EI thereol, a» Pretinanary “The Nationals of each of the two Countries who shall have obtained recogni tion of the validity of their academic de grees by virtue of the stipulations of this Treaty, can practice their professions within the territory of the Other, xxx." (Italics supplied)— from which it could clearly be discerned that said ‘Treaty was intended to govern Filipino citizens desir- ing to practice their profession in Spain, and the citi- zens of Spain desiring to practice their professions in the Philippines. Applicant is a Filipino citizen desiring to practice the legal profession in the Philippines. He is therefore subject to the laws of his own country and is not entitled to the privileges extended to Span- ish nationals desiring to practice in the Philippines. 2) Article T of the Treaty. in its pertinent part, provides: “The nationals of both countries who shall have obtained degrees or diplomas to practice the liberal professions in either of the Contracting States, issued by compe- tent national authorities, shall be deemed ‘competent to exercise said professions in the territory of the Other. subject to the laws and regulations of the latter. xxx" Its clear, therefore, that the privileges provided {n the Treaty invoked by the applicant are made ex- pressly subject to the laws and regulations of the con- tracting State im whose territory it i desired to exer cise the legal profession: and Section 1 of Rule 127. in connection with Sections 2, 9, and 16 thereof, which have the force of law, require that before any tne can practice the legal profession in the Philip. pines he must first successfully pass the requi examinations; and (3) The aforemes ween the Republic of tht State could not have laws and regulations govern! intioned Treaty, concluded bet .¢ Philippines and the Spanish een intended to modify the Jing admission to the Leon. Exes practice of law in the Philippines, for the reason that the Executive Department may not encroach upon the constitutional prerogative of the Supreme Court (0 promulgate rules for admission to the practice of law in the Philippines. xxx (See: Sec. 5, Art. VIIL, 1987 Phil, Constitution for the present provision) Attorney-in-Fact. An attorney-in-fact 1s simply 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. appointing him, such authority being necessarily implied (Philippine Legal Encyclopedia, p. 66). His authority is provided in a special power of attorney or general power of attorney or letter of attorney. An attorney-in-fact is not necessarily a lawyer. Counsel De Oficio. A counsel, appointed or assigned by the court, from among such members of the bar in good standing who, by reason of their experience and ability, may adequately defend the accused. A counsel de oficio need not be a lawyer. In localities where members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused (Sec 7, Rule 116, Rules of Court (1985). A counsel de oficio is a lawyer or attorney appointed by the court to represent a party, usually an indigent defendant, in a criminal ease (People vs. Daban, 43 SCRA 187), Attorney Ad Hoc. A person named and appointed by the court to defend an absentee defendant in the suit in which the appointment 1s made (Bienvenu ys, Factor's & ‘Traders Insurance Co., 38 La. Ann, 209), Attorney of Record. Attorney whose name must ap- pear somewhere in permanent records or files of case, of on the pleadings or some instrument filed in the case, oF on appearance docket. Person whom the client has named Papers may be made 2d 580. 134 2a" 251, of record is one wh Who has fled a notice of thro braecipe) and who hence is 8 the offleial attorney De Leon vs. Court of Appeals 883 SCRA 216 Hela: When a party is represented by counse cord, service of orders and olces meet be nea on said attomncy and notice (othe see and her lawyer, not the counsel of econ, k net sane Ai law (De Leon vs, Court of Appeats 389 Sceh Stes Of Counsel, To distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (6 Am, Jur. 264). Lead Counsel. The counsel on either side of a Ut ated action who is charged with the principal manage- ment and direction of party’s case, as distinguished from his juniors or subordinates, is said to “lead in the cause and is termed the “leading counsel” on the side. It may also refer to the chief or primary attorney in class action ‘or multh-district litigation (Black's Law Dictionary, Sixth Edition, p. 888). House Counsel. Lawyer who acts as attorney for Dusiness though carried as an employee of that business and not as an independent lawyer. Generally, such lawyer ‘advises business on day to day matters. Larger businesses epartments with Jigned to special have legal departments wit zed areas of law affecting particular business: e.g. labor aw, taxes, personal injury litigation, corporate law, etc (Black's Law Dictionary, Sixth Edition, p. 740). Ane. Literally, it 4 cet A pena i Se asia strong interest tn or views Of tHe hay petition the cout for eran bly on behalf of a purty tat wetualy a voaet a ene conaintent with tts own views, betes are commonly fed in app A broad pubic teen nett eee i oo Dictionary, Sixth Edition, P82), : ale Experienced and impartial attor yn may he invited by the Court to appear ax amit curiae to help 1h the die Position of Issues submitted to AL (See, 46, Rule 18, BRE As amended by Resolution of the preme Court, dated May 20, 19168), Amicus Curiae Par Excellence. Har assoelations who appear In court as aniet curiae oF Intend of the court are relerred an amicus curtae par excellence An amlous curlae has no eontrol over the suit and has Bo right t0 Institute any proceedings therein; the ames curlae eannot assume functions of & party In An BeOR OF pro: ceedings pending betore the court, Ordinarily, he amieus ‘curiae cannot file a pleading in a cae, Jn brief, an amicus curiae acts merely as a eonsultant {o juice the court tna doubUlul question oF issue pending before it, The ansicus eurlae serves without compensation Bar Association, An association of members of the legal profension ike the tntegeated Bar of the Philippines here memberslap bs nteyrated! oF compulsory. . The other voluntary bar assoetations: tn the ‘ilippines like the Philippine Bar Association, The Pe el ayers Ado the philippines, Vanguare! of the Philippine Constitution,” ii Rela kar Awaoctation, Cathole Lawyers! Guild of (he 2 philippine Society of Intemational Taw, A by the author “phe VPC tn presently he Prssasanasey “ My ASIAN (Philippines) and many BS at in Bar Discipline (CBD) ‘This i» (he Investigators Office reterred tn 1-14 of the Rules of Court, During the Leon ‘ay National president of the of Commissioner Ernesto |. Pineda, was named Commission on Bar Appointed in that body were called ) Is the Investigating arm of the Supreme ive matters involving disbarment Its recommendation is subject to the IBP Hoard of Governors, If the resolution of Js one of suspension or disbarment, it is auto elevated to Uhe Supreme Court for final disposi Nature Of Proceedings In The CHD While the Commission on Bar Discipline is not a court, the proceed Ings therein are nonethelews part of a Jucielal proceeding fa diseiplinary action being in realty an investigation by the Supreme Court into the misconduct of its officers or fan examination into their character (Sambajon vs. Suing 503 SCRA 1) Other Relevant Terms And Definitions ‘Advocate, The gencral and popular name for a law yer who pleads on behalf of somedne eve (hilippne Lega Phcyelopedia, p. 28), One who ts learned in the law and duly admitted to practice law (17 € JS, 102), ‘an advocate 1 one who plends the case of anoth before a tribunal or judicial court: a counsellor (Vega vs, Legaspl, 113 SCRA 46) England), A person entitled to practice law Bereta etn superior courte (7. CoB Ean, ivocate: a counsellor learned 102, 103). In Enand, a advorat cu are in the law who has been id is: Leon, Ewes who is engaged in conducting the trial or causes. A person called to the bar by the benchers, of Court, giving exclusive right of audience in the Court (Black’s Law Dictionary, Sixth Edition, p. Solicitor, (England). A person prosecuting or ing suits in Courts of Chancery (17 CS. Court of Chancery is a court which administers Proceeding according to the forms and principles 0 (Black's Law Dictionary, Sixth Edition, p. 356). Solicitor. (Philippines). A government lawyer tached with the Office of the Solicitor General. Proctor. (England). Formerly, an attorney in the ad- miralty and ecclesiastical courts whose duties and busi- hess correspond exactly to those of an attorney-at-law or solicitor in Chancery (Black's Law Dictionary, Sixth Edie tion, p. 1207) 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. In Spanish the word “titulo” is defined as “testimonio o instrumento dado para ejercer un empleo, dignidad 0 profesion” (Diccionario de la Lengua Espanola, Real Academia Espafiola, 1974 ed., p. 1224) and the word “abogado,” as follows: “Perito en el derecho positive que se dedica a defender en juicio, por es escrito o de palabra, los derechos 0 intereses de los litigantes, y tambien a dar dictmen sobre las cuestiones 0 puntos legales que se le consulian.” (Id., p. 5). A Bachelor's degree atone, conferred by a law school upon completion of certain academic re quirements, does not entitle its holder to exercise the legal profession. The English equivalent of ‘abogado’ is lawyer attorney-at-law. This term has a fixed and general cation, and has reference to that class of persons who by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, Fesponsibilities and liabilities are devolved by law as a consequence (Cui vs. Cui, 11 SCRA 759), 13 ation Of The Bar —the int tegration of the Phil- ‘means Saar official unification of the entire Fequires membership and Support of every attorney as condition sive qua ‘Supreme Court, ® _ Organized by or under the direction of the State, an ted Bar is an official national body of which all FS are required to be memb ar Fe, sete ers—they are, therefore, effective discharge of the purposes of the Bar, and professional esponsibility. (Letter of Atty. Cecilio Y. Arevalo, Jr., Re- Sesto Exemption from Payment of IBP Dues, 458 SCRA. Integrated Bar Of The Philippines —Inicgrated Bar of the Philippines is the national organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court. and constituted on May 4, 1973 into a body corpo- rate by Presidential Decree No. 181 General Objectives Of The IBP.—The general objec- tives and purposes of the IBP are the following: 1. To elevate the standards of the legal profession; 2. To improve the administration of justice; 3. To enable the Bar to discharge its public respon- sibility more effectively; 4, To assist in the administration of justice: of its members 5, To foster and maintain on the part high ideals of integrity, learning, professional competence, public service and conduct: &. To safeguard the professional interests of its members; 4 Lean. Enines 7. To cultivate among its members a spirit of diality and brotherhood; 8. To provide a forum for the discussion of lay, risprudence, law reform, pleading, practice and procedure and the relation of the Bar to the Bench and to the publle and publish information relating thereto, 9. To encourage and foster legal educ 10. And to promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon. (Per Curiam Reso- lution of the Supreme Court, January 9, 1973) Membership In The IBP Chapter.—A lawyer docs ot automatically become a member of the IBP chapter where he resides or works after becoming a full-fledged member of the Bar. He has the discretion to choose the IBP Chapter he wants to join (See: Garcia vs. De Vera, 418 SCRA 27), on; Without paying IBP dues, a lawyer cannot engage In \ctice of law, no matter how limited ts his practice (Santos, Jr. vs. Llamas, 322 SCRA 529), The exemption from payment of income tax granted to senior citizens by Republic Aet No. 7432 does not in- elude payment of membership or association dues of the Integrated Bar of the Philippines (id,) Similarly, as regards dues, they are not entitled to twenty percent (20%) discount. impai iceordingly. No lawyer holding an elective, As A Body Corporate —The IBP ‘asa body corporate on May 4, 1973 under as In IBP Are Honorary —Except as may be authorized or allowed by the Supreme Court. ate or Governor and no national or local officer oF member shall receive any compensation. allow- ‘or emolument from the funds of the Integrated Bar service rendered therein or be entitled to reim for any expense incurred in the discharge of functions (Rule 139-A, Section 14), Rule 139-A—Rule 139-A, which is bi ‘of the Bar became effective on 16 scat Brine, freedom to associ sc associa 01 Yer may choose howe i ola he want lt The IBP Is The Investgat © Supreme Court In The Investigation OF Dishasment Chestee Under Rule 139-B, the IBP is given the power to entertain Eases of disbarment filed before it, or cases filed before the ‘Supreme Cour ‘and referred to iC for investigation, report, and recommendation. It does not. however, have the, to suspend or disbar. Its recommendations are appeal to the Supreme Court which alone has the live to disbar. [The disciplinary powers of the IBP are treated tn the Chapter on Disbarment ADMISSION TO PRACTICE LAW a Power To Admit To Practice, Vested In The Su- Preme Court—The power of admission to the of Jaw is vested by the Constitution in the Supreme Court. ‘The 1987 Constitution’ explicitly so provides: °SEC. 5. ‘The Supreme Court shall have the following powers: (1) 00x (5). Promulgate rules concerning the protection. and enforcement of constitutional rights, pleading ppmietice, and procedure in all courts, the addmisston, to the practice of law. the Integrated Bar, and legal lassistance to the under-privilged, Such rules shall provide a simplified and inexpensive procedure for the ‘speedy disposition of eases, shall be unifore for all ‘courts of the same grad jot duminish, ins erease, oF modily substantive rights, of proce: dure of Doadies shall Unlike the 1935 and 1973 Constitutions, the 1987 Con stitution did not provide power to the Leyislat lupplement the Rules promulgated by the Su Amsession TO PRACT ‘The constitutional power to admit candidates Tegal profession is a judicial function and invobes the exercise of diseretion. Petition to tha! faction (In re: Cunanan. 9$ Phi. 534 SORA S62: In re: Lanuevo. 65 SCRA 245) a member of the Court wt feaght (S) members of the 8 Court and must ses be 2c Prost tne Courtine Lanuere 68 SCRA 245, Basic Requirements For All Applicants For Admis- sion To The Bar— 18 Lect Enns after graduation from high school to finish La i ‘the Bar Examinations. aa Before he is atlowed to enrol in the Collegeof rust have already cared a bachelors dewree ma oe Sciences which ordinarily takes four years to inieh, faig what is referred to as Pre-Law Course, ‘The Law course itself is ordinarily finished in anothe four years of study with completed courses on elvil law, commercial law, remedial law, criminal law. public and private international law. political law, labor and social legislation, medical jurisprudence, taxation and legal ‘ethics (See Rule 138, Sections 5 and 6, RRC). No Particular Law School Has A Monopoly Of Knowledge Of The Law.— Atty. Melvin D.C. Mane vs. Judge Medel Belen AM, No, RTJ-08-2119, June 30, 2008 Held: An alumnus of « particular law school has no monopoly of knowledge of the law, By hur- dling the Bar Examinations which this Court admin isters, taking of the lawyer's oath, and signing of the Roll of Attorneys, a lawyer is presumed to be compe: tent to discharge his functions and duties as, titer aia, an officer of the court, irespective of where he ‘obtained ins law degree. Fora judge to determine the fitness or competence of a lawyer primarily on the ba- sis of his alma mater Is eleariy an engagement in an dargumentum aa hominem. Requirements Before A Candidate Can Practice Law.—The educational requirements mentioned above, are the sine qua non before one is permitted to take the Bar _ Examinations side by side with the possession of good moral character. It must be noted that with regard to the requirement of good moral character, the candidate must hold and continue to possess it even after he has been admitted to the legal profession, Anwiss ISION TO, PRACTICE Law 19 After passing the By Shall take his lawyer ny Mtmatons, the eandute fore , {Rule 138, Section 17, eke mt 17, RRC) followed later by his signing the Roll of Attorneys—tn which Roll he to geese Perea Therein te ts anced w ceca the Clerk of Court of th ‘Cour. From his potnt th time, he w deemed authored to cn tice law in the Philippines (Rule 182, Section te, Rise Disqualification To Take The Bar Examinations the Supreme Co In the Matter of the Disqualification of Bar Haron 8. Meling in the 2002 Bar Examinatio 431 SCRA 146° Held: ‘The requirement of good moral character 48 not only a condition precedent to admission to the Practice of law, Its continued possession Is alsa es Sential for remaining in the practice of law By concealing the existence of such pending ‘eases, the applicant then flunks the test of fitness ‘even if the eases are ultimately proven to be amwar ranted or Insufficient to impugn oF affect the qood ‘moral character of the applicant While Practice Of Law Is A Privilege, It Has Also ‘The Nature Of A Right—The practice of law is not a pro erty right but a mere privilege (In re: Scott, 53 Nev. 24, 292 P. 291) and as such must bow to the inherent regula tory power of the Court to exact compliance with the lawyer's public responsibilities" (In re: Eailon, 84 SCRA 568). Private practice of law contemplates a succession of acts of the same nature habitually or customarily holding one’s self to the public as a lawyer (Borja, Sr. vs. Sulyap, In re; Ramon Galang, 66 SCRA 282. See also: In re: Del Rosario, 2 Phil, 899; Letter of Atty. Cecilio Y, Arevalo, Jt Requesting Exemption from Payment of IBP Dues, 458 SCRA 209. 20 Local, ine tne. 899 SERA 61; Lines 24: Uy vn, Gonzalo, 42¢ vs. Sagueto, 486 SCRA CRA 422) Wis not also a natural or constitutional right in The Matter OF The Petition For Authority To Continue Use OF Firm Name Ozaeta, Romulo, Ete." 2 SCRA 1 Hel partnersbip tor the prnetice of aw ean- thot be likened to pmartneralips formed bry other pro- fewslonats oF for business. For one things the law on accountancy spevifieally allows the se of a trade hhame tn connection with the practice of aecountaney, A partnership for the practice of law is nota legal en Lily. 1s. mere relationship oF association for a par: UHowlar purpone, x IC 48 Hot a partyersip formed {or the purpose of carrying on a trade oF business or fof holding property.” Thus, It haw been stated that the use of a fiom de plune, assumed oF trade name ny Taw practice tx bmproper.” Xxx ©The Fight fo practice law & not a natural oF eon: stirutional right butt in the nature of @ prieilege or Jranchise, 10s tmited to persons of ood moral chars facter With special qualifications «uly ascertained and fertifled, The right docs nol only presuppose tn tts possesaor integrity, legal standing! and attainment Dutalso the exercise of a special privilege, Nghly per: onal ail partaking of the nature of a public trust While 1s unquestionable tht he rate of aw a meitlege, His also in the nature of a right because the [ityer cannot be prevented from practising law exept for Mal reasons as the practice of law ts not a matter of State grace or favor (Ex Parte Garland, 18 Te ed. 366; Miner ve, Committee On Character and Fitness, 10 L, ed 20 224), An Instance of @ valid reason where a lawyer may be prevented from appearing in court 4» the provision of the ce alvor Hongatonta vs, Castillo, 240 SCRA 10. SS Apwnssios to Pracrce Law 21 Tonatitution prohibiting Senators or Representatives from pPhenting before courts and Electoral Trinale: Mee Marcos nd Concordia vs. Chief of Stall AP Geshe Concordia cl for the accused! in the General Court-Martials. The Supreme Cont heh, {A constitutional provision extenuing to the ac ‘used the right to be representa by counsel any ‘ial court whatever. applies to a court-martial act ales the accused the undeniable right to detend ty ‘counsel, and a court-martial has no poster to rohice ‘an atiorney the right to appear before it he ws prow erly licensed to practice in the courts of the counery (89 Phil 246)" In another case, it was held that the Director of the Philippine Patent Office cannot restrict lawyers trom a Pearing before the saicl Office by requiring them to pass first an examination to cover patent law and jurisprudence ‘and the rules of practice in the said Office, Any member of the Philippine Bar in good standing may practice law anywhere and belore any entity. whether judicial or quasi Judicial or administrative, in the Philippines (Philippine on vs, Agra, 105 Phil. 173) without another examination, The naling applies to bodies, all quast-judicia Lawyers cannot also be prevented fom seeing thelr clients under detention. Lawyers cannot also be deprived eens to practice i watt ave process tr ia aaron ‘tice law is also a right by itself Who Are Entitled To Practice Law? The Rules of Court explicitly states who are entitled to practice lav the Philippines. we 1s decided before the “This case was ne also Sect Lis At Vi 1087 Const 1987 Constitution, See Justices Sar LecAt Enes SECTION 1. Who may prac No may practice taw.—Any per: $oR heretovore duly admited an meme af ne Pee Gaihereater admitted as such tn acconde ee teas Brovsione ofthis re. and who iin gootrard tne Maine, t entitled to practice law." (ale 196° oee poss p aw." (Rule 1398, Se Practice Of Law, Concept.—cenerally, 1 engage in the practice i to do any of those acts which ans Greate Istle ofthe legal profession {in re: Dav 89 That wa overs any activiy. in ot out of cour, which ate ae appleation of tw: legal principe, practice or eas And calls for legal knowledge, training a exporter tne Ys Adrava, 108 Phil 173; Mera chee ne ee B71 SCRA 251), Strlotly 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 ledal services {People vs. Villanueva, 14 SCRA 111; OCA vs. Ladega, 350 SCRA 991; Borja, Sr. vs. Sulyap, Inc., 399 SCRA 601: Aguirre vs. Rana, 403 SCRA 342) Latest Ruling On The Meaning Of Practice of Law.=The Supreme Court’ has recently laid down, the definition of practice of law in the Philippines, fellewing the modem concept. 1p fig Cayetano vs. Monsod ‘ 201 SCRA 210, vit, ont Facts: On June 5, 1991, the Commission on Appointments confirmed dhe nomination of Monsod ar fay Chairman of the COMELEC, On June 18, 1991, he. (ook is oath of office. On the same day, he assumed office 1 Chairman of the COMELEC. aa ¢ “The decision penned by Justice Edgardo Paras was curred by Justices Fernan, Narvasa, Melenclo:Herrera, clano, Justices Gutlertee, df., Crue and Pada dis 1, Regalado and Davide, Jt did not Abmission 70 Pracrice Law Challenging the vataty ofthe contimation the Commisslon-on Appolntinents of Monsen san nation, petitoner as etzen and tana fias ne instant petition for Cetorar and Patioen nye that said conimation and te consencen sa ment of Monsod as Chairman et the Comaieree Elections be declared ml and sid Atty. Christian Monsod is a member of the Phil- ippine Bar, having passed the bar examinations of 1960 with a grade of 86.55%. He has been a dues Paying member of the Integrated Bar of the Philip. pines since its inception in 1972-73. He has also ‘been paying his professional license fees as lawyer for ‘more than fen years. (p. 124, Rollo). ee racic uc, eer the taw office of his father. During his stint in the Meets dos ion ns ti sacreyrn ren ee teirecinr cs ene reece cre SE ee semmnans csaceay ‘Bank. Upon returning to the Philippines in 1970. he Oo) SEES aie taedeetbi SPD pertcighcrd coc tase nose Sep eeia conponcs as coat a sat aertricrotsonse afer oor eco cen wea neces Cure Pe ireaipanscas wre osococ voor Be ear eteron ts chroees or ne precy. tenets ech peoonel cx Bee prion chcsrcn of he Doers eo ece ir tuna Dereope etapa trea seouses cscirs eases Verner op ta trae use hs eg towing De et rraras homies (000! nd 23 24 Lcaa Bries a8 «¢ member of the Constituttonal Comméssion (1986. 1987), andl Chairman of tts Committee on Accountabyt {ty of Public Officers, jor which he was etted by the President of the Cominission, Justice Cecilia Munoe Palma for ‘innumerable amendments (0 reconette goo ferment functions with individual freedoms an public accountability and the party list system for tw House of Representative, (pp. 128129 Rollo) {alles sup: plied)... Held: Practice of law means any activity, to or ‘out of court, which requires the application of law, le gal procedure, knowledge, tratning and experience To engage in the practice of law Is to perform those acts which are characteristies of the profession, Gen: erally, {o practice law 1s to give notice or render any kind of service, which device or service requites the ‘uve in any degree of legal knowledge or skill” (111 ALR 28). Xxx Interpreted in the light of the various definitions of the term "practice of law," particulary the modem concept of law practice, and taking Into consideration the liberal construction Intended by the framers of the Constitution, Atty. Monsodt's past work experiences as a awyer-economist, &lawyer-mnan ager. lawyer-entrepreneur of industry, a lawyer jollator of contracts, and a lawyer-tegislator of both the rich and the poor-vertly more than satlaly th constitutional requirement. that he has been engtaed In the practice of law for at least ten years, jenting Opinions In Monsod Case, Justice Hugo Gutierrez, Jr, dis ented as follows. Inspite of my ih regard for Mr, Monsod. 1 cannot shirk my constitutional duty, He has never ‘engaged In the practice of law for even one year, He Is ‘a member of the bar but to say that he has peaetice law is stretching the term beyond rational Jimits, Seo also: JK, Mereado and Sons. Agr Inc. vs. de Vera, 371 SCRA 251 uultural Ent equires committed participation isthe result of one's decise choice It means ‘occupied and involved in the enterprise: d or pledged to carry it out with intent n during the ten-year period. ‘Teodoro R. Padilla who also dissented said— “What constitutes practice of law? As commonly uw ‘practice refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge: it connotes an active, habit ual, repeated or customary action. To ‘practice law. oF any profession for that matter. means, to exercise or Pursue an employment or profession actively, habitu ally, repeatedly or customarily. Therefore. a doctor of iedleine who is employed and is habitually performing the tasks of a nursing aide, cannot be said to be in the ‘practice of medicine.’ A certified public accountant Who works as a clerk, cannot be said to practice his ‘profession as an accountant. In the same way. a lawyer Toho is employed as a business executive or a corporate Leon. Enucs “Coming now to the qualifications of the private fear that the ponencia may have been too sweeping in its definition of the phrase ‘practice of law’ as to render the qualification practically tooth- ae AbmSION TO Practon Law a7 toto UNA Ae dton en Whe pone fo conakter vintualy every lavyer tobe eee a Ae pastes of law eve he dm ot oa Oat Ia par ft an waver tm ent he tiie a insentally leven i only renee Nested With sae Ia cnnanen ot eye ie Dube except ts the auyer whos Recanea Hea tom teaching Walon a nei Wrinkle tnten with pubecent pretense soe ‘The author who has been tn the active practice of law for more than three decades, Hully agrees with the dissent {ng opinions, for truly, tor one to be w practising lawyer or to engage in the practice of law, he must be in actual aeotive and habitual exercise af his legal knowledge or skill specially th court appearances andl plectings ant tis ts done generally for compensation, ‘The decision of the Supreme Court In People vs. Vib Janueva (4 SCRA 109, 1965} must be matntatned

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