LEGAL PROFESSION

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1. when the criminal prosecution based on the same act charged is still pending in court, any
administrative disciplinary proceedings for the same act must await the outcome of the criminal
case to avoid contradictory findings. (Cambaliza v. Cristal – Tenorio)
2. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the
complainant. (Cambaliza v. Cristal-Tenorio)
3. The term "practice of law" implies customarily or habitually holding oneself out to the public as a
lawyer for compensation as a source of livelihood or in consideration of his services. Holding
one's self out as a lawyer may be shown by acts indicative of that purpose like identifying oneself
as attorney, appearing in court in representation of a client, or associating oneself as a partner of a
law office for the general practice of law. (cambaliza v. Cristal – Tenorio)
4. The lawyer's duty to prevent, or at the very least not to assist in, the unauthorized practice of law
is founded on public interest and policy. Public policy requires that the practice of law be limited
to those individuals found duly qualified in education and character. The permissive right
conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to
maintain proper standards of moral and professional conduct. The purpose is to protect the public,
the court, the client, and the bar from the incompetence or dishonesty of those unlicensed to
practice law and not subject to the disciplinary control of the Court. It devolves upon a lawyer to
see that this purpose is attained. Thus, the canons and ethics of the profession enjoin him not to
permit his professional services or his name to be used in aid of, or to make possible the
unauthorized practice of law by, any agency, personal or corporate. And, the law makes it a
misbehavior on his part, subject to disciplinary action, to aid a layman in the unauthorized
practice of law. (Cambaliza v. Cristal – Tenorio)
5. The practice of law is a privilege granted only to those who possess the strict intellectual and
moral qualifications required of lawyers who are instruments in the effective and efficient
administration of justice. It is the sworn duty of this Court not only to "weed out" lawyers who
have become a disgrace to the noble profession of the law but, also of equal importance, to
prevent "misfits" from taking the lawyer's oath, thereby further tarnishing the public image of
lawyers which in recent years has undoubtedly become less than irreproachable. (In Re:
Argosino)
6. the lawyer's oath is NOT a mere ceremony or formality for practicing law. Every lawyer should at
ALL TIMES weigh his actions according to the sworn promises he makes when taking the
lawyer's oath. If all lawyers conducted themselves strictly according to the lawyer's oath and the
Code of Professional Responsibility, the administration of justice will undoubtedly be faster,
fairer and easier for everyone concerned. (In Re: Argosino)
7. Rule of Court 139-A (hereinafter referred to as the Court Rule)
SEC. 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule,
default in the payment of annual dues for six months shall warrant suspension of membership in
the Integrated Bar, and default in such payment for one year shall be a ground for the removal of
the name of the delinquent member from the Roll of Attorneys.
SEC. 9. Membership dues. Every member of the Integrated Bar shall pay such annual dues as the
Board of Governors shall determine with the approval of the Supreme Court.
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8. An "Integrated Bar" is a State-organized Bar, to which every lawyer must belong, as

distinguished from bar associations organized by individual lawyers themselves, membership in
which is voluntary. Integration of the Bar is essentially a process by which every member of the
Bar is afforded an opportunity to do his share in carrying out the objectives of the Bar as well as
obliged to bear his portion of its responsibilities. Organized by or under the direction of the State,
an integrated Bar is an official national body of which all lawyers are required to be members.
They are, therefore, subject to all the rules prescribed for the governance of the Bar, including the
requirement of payment of a reasonable annual fee for the effective discharge of the purposes of
the Bar, and adherence to a code of professional ethics or professional responsibility breach of
which constitutes sufficient reason for investigation by the Bar and, upon proper cause appearing,
a recommendation for discipline or disbarment of the offending member. (In Re: Edilion)
9. The practice of law is not a vested right but a privilege, a privilege moreover clothed with public
interest because a lawyer owes substantial duties not only to his client, but also to his brethren in
the profession, to the courts, and to the nation, and takes part in one of the most important
functions of the State — the administration of justice — as an officer of the court. 4 The practice
of law being clothed with public interest, the holder of this privilege must submit to a degree of
control for the common good, to the extent of the interest he has created. (In Re: Edilion)
10. Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he intervened while in said service.
11. Section 7(b)(2) of RA 6713:
SEC. 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials
and employees now prescribed in the Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public official ands employee and are hereby
declared to be unlawful:
(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:
(2) Engage in the private practice of profession unless authorized by the Constitution or law,
provided that such practice will not conflict or tend to conflict with their official functions;
12. CANON 1. A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF
THE LAND, PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
13. Section 90 of RA 7160 (the local government code of 1992)
SEC. 90. Practice of Profession. - (a) All governors, city and municipal mayors are prohibited
from practicing their profession or engaging in any occupation other than the exercise of their
functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except
during session hours: Provided, That sanggunian members who are members of the Bar shall not:

(1) Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party;

(2) 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;
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(3) Collect any fee for their appearance in administrative proceedings involving the local government
unit of which he is an official; and

(4) Use property and personnel of the Government except when the sanggunian member concerned is
defending the interest of the Government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of
emergency: Provided, That the officials concerned do not derive monetary compensation therefrom.

------no need to memorize. Just familiarize (sa subong )

PWEDE MAN DAAD SYA MAG PRACTICE SANG PROFESSION NYA KASO DAPAT
NAG KUHA ANAY SIAY WRITTEN PERMISSION OR AUTHORIZATION HALIN SA
DEPT HEAD NYA AS REQUIRED BY THE CIVIL SERVICE REGULATIONS.
SEC 12, RULE 18 OF THE REVISED CIVIL SERVICE RULES

14. Lawyers are servants of the law, vires legis, men of the law. Their paramount duty to society is to
obey the law and promote respect for it. (Catu v. Rellosa)
15. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
16. CANON 7. A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND THE
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
17. In 1917, the Philippine Bar found that the oath and duties of a lawyer were insufficient to attain
the full measure of public respect to which the legal profession was entitled. In that year, the
Philippine Bar Association adopted as its own, Canons 1 to 32 of the ABA Canons of
Professional Ethics.
18. "revolving door" or "the process by which lawyers and others temporarily enter government
service from private life and then leave it for large fees in private practice, where they can exploit
information, contacts, and influence garnered in government service."
19. "Adverse-interest conflicts" exist where the matter in which the former government lawyer
represents a client in private practice is substantially related to a matter that the lawyer dealt with
while employed by the government and the interests of the current and former are adverse.
20. "congruent-interest representation conflicts" are unique to government lawyers and apply
primarily to former government lawyers.
21. A lawyer, having once held public office or having been in the public employ should not, after his
retirement, accept employment in connection with any matter he has investigated or passed upon
while in such office or employ. (PCGG v Sandiganbayan)
22. On June 21, 1988, this Court promulgated the Code of Professional Responsibility.
23. Rule 6.03 of the Code of Professional Responsibility retained the general structure of paragraph
2, Canon 36 of the Canons of Professional Ethics but replaced the expansive phrase "investigated
and passed upon" with the word "intervened." It is, therefore, properly applicable to both
"adverse-interest conflicts" and "congruent-interest conflicts." (familiarize lang)
24. "matter" as any discrete, isolatable act as well as identifiable transaction or conduct involving a
particular situation and specific party, and not merely an act of drafting, enforcing or interpreting
government or agency procedures, regulations or laws, or briefing abstract principles of law.
(American Bar Association in its Formal Opinion 342)
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25. Intervene, in ABA Canon 36, means “which he has investigated or passed upon”. Rule 6.03 - A
lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he intervened while in said service.
26. forum shopping exists when, as a result of an adverse opinion in one forum, a party seeks a
favorable opinion (other than by appeal or certiorari) in another, or when he institutes two or
more actions or proceedings grounded on the same cause, on the gamble that one or the other
court would make a favorable disposition. (Williams v Enriquez)
27. a lawyer’s primary duty is to assist the courts in the administration of justice. Any conduct that
tends to delay, impede or obstruct the administration of justice contravenes this obligation.
(Williams v Enriquez)
28. Rule 18.04 A lawyer shall keep the client informed of the status of his case and shall respond
within a reasonable time to the client's request for information.
29. After all, penalties, such as disbarment, are imposed not to punish but to correct offenders. (Bernardo
v Mejia)
30. the practice of law is a privilege burdened with conditions. Adherence to the rigid standards of mental
fitness, maintenance of the highest degree of morality and faithful compliance with the rules of the
legal profession are the continuing requirements for enjoying the privilege to practice law. (Tolentino
v Mendoza)
31. "The practice of law is a privilege accorded only to those who measure up to certain rigid standards of
mental and moral fitness. For the admission of a candidate to the bar, the Rules of Court not only
prescribe a test of academic preparation but require satisfactory testimonials of good moral character.
These standards are neither dispensed with nor lowered after admission: the lawyer must continue to
adhere to them or else incur the risk of suspension or removal." (In Re: Guttierez)
32. marriage which is a sacred institution demanding respect and dignity. (Cojuangco v Palma)
33. immoral conduct, i.e., "that conduct which is willful, flagrant, or shameless, and which shows a
moral indifference to the opinion of the good and respectable members of the community.
34. "Of all classes and professions, the lawyer is most sacredly bound to uphold the laws. He is their
sworn servant; and for him, of all men in the world, to repudiate and override the laws, to trample
them underfoot and to ignore the very bonds of society, argues recreancy to his position and
office and sets a pernicious example to the insubordinate and dangerous elements of the body
politic." - Ex Parte Wall
35. Grave misconduct is “improper or wrong conduct, the transgression of some established and definite
rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent
and not mere error of judgment.” Whitson v. Atienza
36. Disciplinary proceedings against lawyers are designed to ensure that whoever is granted the
privilege to practice law in this country should remain faithful to the Lawyer’s Oath. Only
thereby can lawyers preserve their fitness to remain as members of the Law Profession. Any
resort to falsehood or deception, including adopting artifices to cover up one’s misdeeds
committed against clients and the rest of the trusting public, evinces an unworthiness to continue
enjoying the privilege to practice law and highlights the unfitness to remain a member of the Law
Profession. It deserves for the guilty lawyer stern disciplinary sanctions. (Samonte v. Abellana)
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37. Rule 2.03. – A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.
38. Rule 3.01. – A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or
legal services.
39. It has been repeatedly stressed that the practice of law is not a business.
40. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a
capital that necessarily yields profits.
41. The duty to public service and to the administration of justice should be the primary consideration
of lawyers, who must subordinate their personal interests or what they owe to themselves. ( Burbe
v. Magulta)
42. Article XV. Section 2 thereof clearly provides that marriage, an inviolable social institution. is the
foundation of the family and shall be protected by the state.
43. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.
44. Preponderance of evidence means that the evidence adduced by one side is, as a whole, superior
to or has greater weight than that of the other. It means evidence which is more convincing to the
court as worthy of belief than that which is offered in opposition thereto. (Aba v. De Guzman, Jr)
45. Under Section I of Rule 133, in determining whether or not there is preponderance of evidence, the
court may consider the following:
o all the facts and circumstances of the case
o the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing
the facts to which they are testifying. the nature of the facts to which they testify, the
probability or improbability of their testimony
o the witnesses' interest or want of interest. and also their personal credibility so far as the same
may ultimately appear in the trial
o the number of witnesses, although it does not mean that preponderance is necessarily with the
greater number.
46. equipoise doctrine - When the evidence of the parties are evenly balanced or there is doubt on which
side the evidence preponderates, the decision should be against the party with the burden of proof.
47. SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.

48. Rule 10.01 -A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.

49. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the
ends of justice.

50. In a Motion for Inhibition, the movant must prove the ground for bias and prejudice by clear and
convincing evidence to disqualify a judge from participating in a particular trial, as voluntary
inhibition is primarily a matter of conscience and addressed to the sound discretion of the judge.

51. While an honest mistake of fact could be used to excuse a person from the legal consequences of his
acts as it negates malice or evil motive, a mistake of law cannot be utilized as a lawful justification,
because everyone is presumed to know the law and its consequences.
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52. CANON 9 -A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

53. The act of being a legal consultant is a practice of law. To engage in the practice of law is to do any of
those acts that are characteristic of the legal profession (In re: David, 93 Phil. 461)

54. Unlawful conduct includes violation of the statutory prohibition or omission of acts which laws or
statutes provides for its compliance.

55. "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. v. Sulyap, Inc., 447 Phil. 750, 759
(2003).

56. Section 11, Rule 8 of the Rules of Court, provides:

SECTION 11. Allegations not specifically denied deemed admitted. – Material averment in the
complaint, other than those as to the amount of unliquidated damage, shall be deemed admitted when
not specifically denied.

57. Lawyers are instruments for the administration of justice. As vanguards of our legal system, they are
expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity
and fair dealing. (Maligsa v. Atty. Cabanting)

Integration of the Bar will :

1 promote public interest

2 raise the standards of the legal profession

3 improve the administration of justice,

4 and enable the Bar to discharge its public responsibility more effectively."

58.