Legal Profession

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.
Affected with public interest.
One of the noblest profession.
Lawyers are deemed persons in authority (in the actual performance
of their professional duties or on the occasion of such performance).
Legal Profession: As a Subject
Training in law school- towards bar oriented subjects.
Purpose?

1989 DECS approved new curriculum adding the following subjects:

To know the real essence, spirit and purpose of the legal

profession.

Legal Profession
Legal Counseling
Problem Areas in Legal Ethics
Lawyer: Who and What?

Advocate or counsel
Empowered to appear and prosecute/defend clients but not an
insurer of the result.
Licensed officers of the court, an inherent element in the judicial

system.

First and foremost duty: the administration of justice.

Privilege is burdened with conditions.

Brief History of the Legal Education

in the Philippines: Sources

Spain

Roman Civil Law

Canon Law

United States

English Common Law

Consitution

Indo-Malaysian
Brief History of the Legal Education
in the Philippines: Law Schools
University of Sto. Tomas Faculty of Civil Law: 1733
1734-1800: 40/3,360 students

29 Bachelor of Civil Law

8 Licentiate in Civil Law
3 Doctor in Civil Law

Brief History of the Legal Education

in the Philippines: Law Schools

1898: Universidad Literaria de Filipinas or (Literary University of

the Philippines)

Malolos, Bulacan by former President Emilio Aguinaldo

Moved to Tarlac

1899: Escuela de Derecho de Manila (Manila Law School-1924)

By Don Felipe Calderon, author of the 1899 Malolos Constitution

Brief History of the Legal Education
in the Philippines: Law Schools

1911: University of the Philippines

50 Filipino and American Students
First Dean: Justice Sherman Moreland

George A. Malcolm
Brief History of the Legal Education
in the Philippines:
Educational Requirements

1911: High School Degree (Pre-law) + 3 year Law Course

Two years of college (Pre-law) in addition to high school degree
+ Law Course
1960: Sec. 6, Rule 138 of the Rules of Court- Four year Bachelors
Degree in arts and sciences + four years of legal studies
The Study of Law
Basic Skills and Qualities Required

Dreams/Ambition

Perseverance

Patience

Language

Logic

Law
Choices of a New Lawyer
Advantages and Disadvantages

Private Practice

Solo, Partnership or as an associate of a firm.

Corporate
Government Employment
Academe

Legal Ethics

Branch of moral science which treats of the duties which an attorney

owes to the court, to his client, to his colleagues in the profession and to
the public as embodied in the Constitution, Rules of Court, the Code
of Professional Responsibility, Canon of Professional Ethics,
jurisprudence, moral laws and special laws.

Embodiment of all principles of morality and refinement that should

govern the conduct of every member of the bar.
Moral foundation in the study of law and guide students.
Bar subject since 1918.
Significance

Set of governing rules to limit exercise of the profession.

Guard against abuses, ensure diligence.
Raise the standard of the legal profession.
Assure effective administration of justice.
Provides basis for weeding out of unfit and misfit in the legal
profession for the protection of the public.
Basis

Code of Professional Ethics

1946.

Supreme Court Decisions

1908: American Bar Association. Adopted 1917 and revised in

Including some of the United States

Statues

Civil Code (Art. 1491 [5], Art. 2208), RPC (Art. 209), other special
laws

Constitution

(Art. VIII, Sec. 5 [5], 1987 Constitution)

Treatises and Publications

Basis

Code of Professional Responsibility

Embodiment

into one code of various rules, standards and

guidelines on the rule of conduct of lawyers.

Applicable to all members.

Whether in and out of court. Public or private lives.
Promulgated June 21, 1988.
Judicial command, not a suggestion.
Importance: Impression of identity and

sense

of

independence attuned to local traditions.

Lawyers Oath
I, ________, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines; I will support its Constitution and obey the
laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I
will not wittingly or willingly promote or sue any groundless, false or
unlawful suit, nor give aid nor consent to the same; I will delay no man
for money or malice, and will c0nduct myself as a lawyer according to
the best of my knowledge and discretion with all good fidelity as well to
the courts as to my clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of evasion. So help
me God.
Significance

Pre-condition to the admission of practice.

In the case of Sebastian v. Calis, the Supreme Court held that: A

lawyers oath is not mere facile words, drift and hollow, but a sacred
trust that must be upheld and kept inviolable.
In Endaya v. Oca it was held that: The lawyers oath embodies the
fundamental principles that guide every member of the legal fraternity.
From it springs the lawyers duties and responsibilities that any
infringement thereof can cause his disbarment, suspension or other
disciplinary actions.
Attorneys and Admission to
the Bar
Power to Regulate (and Admit)
Practice of Law: Sec. 5 (5), Art. VII, 1987 Constitution

The Supreme Court shall have the following powers:

5. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the integrated
bar, and legal assistance to the under-privileged. XXXXXXXXX

In re: Cunanan
Privileges and General Duties of Attorney
Code of Professional Responsibility

4 Chapters

Chapter 1: The Lawyer and the Society

Canons 1-6

Chapter 2: The Lawyer and the Legal Profession

Canons 7-9

Chapter 3: The Lawyer and the Courts

Canons 10-13

Chapter 4: The Lawyer and the Client

Canons 14-22

Sec. 20, Rule 138 or the Rules of Court

To maintain allegiance to the Republic of the Philippines and to
support the Constitution and obey the laws of the Philippines.
To observe and maintain the respect due to the courts of justice
and judicial officers;
To counsel or maintain such actions or proceedings only as appear to
him to be just, and such defenses only as he believes to be
honestly debatable under the law.
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;
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;
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;
Not to encourage either the commencement or the continuance
of an action or proceeding, or delay any man's cause, from any
corrupt motive or interest;
Never to reject, for any consideration personal to himself, the cause
of the defenseless or oppressed;
In the defense of a person accused of 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.
What Constitutes Practice of Law?

General Concept of Practice of Law.

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.

What constitutes private practice?

Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call:521-0767,
LEGAL 5217232,5222041
CLINIC, INC. 8:30 am-6:00 pm
7-Flr. Victoria Bldg., UN Ave., Mla.
Annex B
GUAM DIVORCE
DON PARKINSON
an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through
The Legal Clinic beginning Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext.
Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence
Remarriage to Filipina Fiancees. Adoption. Investment in the Phil.
US/Force Visa for Filipina Spouse/Children. Call Marivic.
THE 7F Victoria Bldg. 429 UN Ave.,
LEGAL Ermita, Manila nr. US Embassy
CLINIC, INC. Tel. 521-7232; 521-7251;
522-2041; 521-0767
Practice of Law: Privilege or Right?

Profession, Not Business

It is a settled principle that the compensation of a lawyer should be but
a mere incident of the practice of law, the primary purpose of which is to
render public service. The practice of law is a profession and not a
money-making trade. As they are an indispensable part of the system of
administering justice, attorneys must comply strictly with the oath of
office and the canons of professional ethics a duty more than
imperative during these critical times when strong and disturbing
criticisms are hurled at the practice of law. The process of imbibing
ethical standards can begin with the simple act of openness and candor
in dealing with clients, which would progress thereafter towards the ideal

that a lawyers vocation is not synonymous with an ordinary business

proposition but a serious matter of public interest.
Who may Practice Law?

Section 1, Rule 138. 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.
When May Non-Lawyers Practice Law?

Section 34, Rule 138 of the Rules of Court: in the court of a justice of
the peace a party may conduct his litigation in person, with the aid
of an agent or friend appointed by him for the purpose.
Before any other court, a party may conduct his litigation personally
or by an attorney.
Bound by the same rules.
When May Non-Lawyers Practice Law?

3. Sec. 7, Rule 116, Rules of Court: In a criminal case before the MTC in a
locality where there is no member of the bar, the judge may
appoint a resident of the province , of good repute for probity
and ability to aid the accused in his defense.
4. Bar Matter No. 730, Circular No. 19, in conjunction with Rule 138-A of the
Rules of Court governing law student practice.

When May Non-Lawyers Practice Law?

5. Art. 222, Labor Code: Non-lawyers may appear before the NLRC or any
Labor Arbiter provided: a.) They represent themselves or b.) If they
represent their organization or members, they must have the written
authorization or c.) They are members of a duly accredited legal aid
office by the DOJ or the IBP and the case was referred to them.
When May Non-Lawyers Practice Law?

6. Sec. 9, Act No. 2259, The Cadastral Act: A non-lawyer may represent a
claimant before the Cadastral Court.
7. Sec. 33, Rule 138, Rules of Court: Any person appointed to appear for
the Government of the Philippines in accordance with law.
8. Before the Department of Agrarian Reform Adjudication Board (DARAB).
Law Student Practice: Rule 138-A, Revised Rules of Court

SECTION 1. Conditions for Student Practice. - A law student who has

successfully completed 3rd year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law school's
clinical legal education program approved by the Supreme Court,
may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the legal clinic of the law
school.
Law Student Practice: Rule 138-A, Revised Rules of Court

SEC. 2. Appearance. - The appearance of the law student authorized by

this rule, shall be under the direct supervision and control of a
member of the Integrated Bar of the Philippines duly accredited by the
law school. Any and all pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising attorney for
and in behalf of the legal clinic.
Public Officials Prohibited to
Practice Law

Judges and other officials or employees of the superior court (Sec. 35,
Rule 138, Rules of Court);
Officials and employees of the Office of the Solicitor General;
Government Prosecutors;
President, Vice President, members of the Cabinet, their deputies and
assistants;
Public Officials Prohibited to

Practice Law
5. Members of the Constitutional Commissions (Sec. 2, Art. IX-A, 1987
Constitution);
6. Members of the Judicial Bar Council;
7. Ombudsman and his deputies (Sec. 8, Art. IX, 1987 Constitution);
8. All governors, city and municipal mayors (Sec. 90, R.A. No. 7160); and
9. Those who by special law are prohibited from engaging in the practice of
their legal profession. (Sec. 7, R.A. 6713)

Public Officials with Restrictions to Practice Law

Senators or members of the House of Representatives are

prohibited by the Constitution to personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies.
Under Sec. 1, R.A. 910, as amended, retired justice or judge
receiving pension from the Government cannot acts as counsel in
any civil case where the Government, any subdivision or agency is a
party or in a criminal case where an officer or employee of the
Government any subdivision or agency is accused of an offense
related to his office.
Public Officials with Restrictions to Practice Law

3. Under Sec. 90, R.A. 7160, Sangguniang members may practice

provided that the appearance is not:
a. Before a court wherein a local government unit or any office,
agency or instrumentality of the government is the adverse party;
b. In a criminal case where an officer or employee of the national or
local government is accused of a crime committed in relation to his
office;
c. Collect any fee for their appearance in administrative proceedings
involving the local government where he is an official; and
d. Use property and personnel of the Government except when the
sangguniang members concerned is defending the interest of the
Government.

Prohibition or Disqualification of Former Government Attorneys

Not accept engagement or employment in connection with any matter

in which he had intervened while in said service. (Rule 6.03, Code of
Professional Responsibility)

The revolving door theory is the process by which lawyers

temporarily enter government service from private life then leave it for
large fees in private practice, where they can exploit information,
contacts, and influence garnered in government service. (PCGG vs. SB,
et al., citing Wolfman, Modern Legal Ethics, [1986], p. 456).
Qualifications/Requirements for Admission: Sec. 2, Rule 138, Rules of Court

Section 2. Requirements for all applicants for admission to the bar.

Every applicant for admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age, of good
moral character, and resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the
Philippines.

Qualifications/Requirements for Admission: Sec. 2, Rule 138, Rules of Court

Citizenship: Filipino

Exceptions: Secs. 3, Rule 138, Rules of Court.

Age: At least 21 years of age

Proof of Possession of Good Moral Character
Resident of the Philippines

Qualifications/Requirements for Admission: Sec. 5, Rule 138, Rules of Court

Section 5. Additional requirements for other applicants. All

applicants for admission other than those referred to in the two
preceding section shall, before being admitted to the examination,
satisfactorily show that they have regularly studied law for four
years, and successfully completed all prescribed courses, in a

law school or university, officially approved and recognized by

the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law,
shall be filed as evidence of such facts, and further evidence may be
required by the court.
Qualifications/Requirements for Admission: Sec. 6, Rule 138, Rules of Court

Section 6. Pre-Law. No applicant for admission to the bar

examination shall be admitted unless he presents a certificate that he
has satisfied the Secretary of Education that, before he began the study
of law, he had pursued and satisfactorily completed in an authorized and
recognized university or college, requiring for admission thereto the
completion of a four-year high school course, the course of study
prescribed therein for a bachelor's degree in arts or sciences with
any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Bar Examinations

Purpose
Nature and Extent
The Bar Examination Committee

Task: Formulate bar questions, institute policy directives, executes

procedures, grade exams and release the result.
Members:

Chair: Incumbent Justice of The Supreme Court designated to serve

for one year.
8 Members of the Integrated Bar who is tasked to formulate bar
exams questions.
Bar Confidant
Changes in the Bar Exams

Venue
Schedule
Coverage
Type of Exam
Five Strike Rule
Grading

Application and Supporting Documents

Three Failure Rule
Disclosure of Pertinent Facts
Correction and Revaluation of Grades
Administration of Oath
Issuance of Certificate
Payment of IBP Dues and Privilege Tax
Philippine Bar Exams Trivia

First Bar: 1903, results were released 1905.

The 2008 Bar exams admitted the most number of examinees -- 6,533.
Only 20.58% of them passed.

The highest percentage of exam passers was in 1954 with 75.17

Highest Grade of All Time:

percent, while the lowest was in 1999 with 16.59 percent.

First Woman to top the bar:

Former senator Tecla San Andres-Ziga, who got 89.4 percent in

1930

The Legend of Jose W. Diokno

The Bar Flunker who topped the Bar: Francisco Noel Fernandez
Ferdinand E. Marcos, the Barrister
Bar Topnotchers (1st Placers) to become Presidents of the
Philippines:

96.7 in the 1954 Bar Exams by Florenz Regalado of San Beda

College

Manuel A. Roxas (University of the Philippines), 1913 Bar Exams

with a grade of 92.
Diosdado P. Macapagal of the University of Sto. Tomas, 1936
with a grade of 89.85
Ferdinand E. Marcos of the University of the Philippines, 1939
with a grade of 92.35

Other Bar Topnotchers to become Presidents of the Philippines:

Sergio S. Osmea (University of Santo Tomas), 2nd Place 1903

Bar Exams
Manuel L. Quezon, (University of Santo Tomas), 4th Place 1903
Bar Exams
Elpidio R. Quirino (University of the Philippines), 2nd Place
1915 Bar
Carlos P. Garcia (Philippine Law School), 6th Place 1923 Bar
Controversy in the Bar

On May 7, 1982, 12 of the Supreme Court's 14 justices resigned amid

expose "that the court fixed the bar-examination score of a member's
son so that he would pass."
2001 : Associate Justice Fidel Purisima, chairman of the bar committee,
did not disclose that he had a nephew who was taking the bar
examination in that year. He was merely censured and his honoraria as
bar examiner were forfeited.
2003 : the Court ordered a retake of the Mercantile law due to
questionnaire leakage.
Duties of a Lawyer
Code of Professional Responsibility

Legal Ethics
DUTIES OF A LAWYER
The Code of Professional Responsibility
Four-fold Duties of a Lawyer:

To the society; (Chapter 1, Canons 1-6)

To his colleagues ; (Chapter 2, Canons 7-9)
To the courts; (Chapter 3, Canons 10-13) and
To his clients. (Chapter 4, Canons 14-22)

Public or private duties

CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE
LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND
LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Purpose of GMC:
1. To protect
2. To protect
3. To protect
4. To protect

the public;
the public image of lawyers; and
prospective clients.
errant lawyers from themselves.

Moral Turpitude Barrios v. Martinez

Moral turpitude includes everything which is done contrary to justice,
honesty, modesty, or good morals. It involves an act of baseness,
vileness, or depravity in the private duties which a man owes his fellow
men, or to society in general, contrary to the accepted and customary
rule of right and duty between man and woman, or conduct contrary to
justice, honesty, modesty, or good morals.

Good Moral Character- Gross, Continuous Ui v. Bonifacio

For immorality connotes conduct that shows indifference to the
moral norms of society and the opinion of good and respectable
members of the community. Moreover, for such conduct to warrant
disciplinary action, the same must be "grossly immoral," that is, it
must be so corrupt and false as to constitute a criminal act or so
unprincipled as to be reprehensible to a high degree.
If good moral character is a sine qua non for admission to the bar, then
the continued possession of good moral character is also a requisite for
retaining membership in the legal profession. Membership in the bar
may be terminated when a lawyer ceases to have good moral character.

Grossly Immoral Conduct Figueroa v. Barranco

The Court has held that to justify suspension or disbarment the act
complained of must not only be immoral, but grossly immoral. A
grossly immoral act is one that is so corrupt and false as to constitute a
criminal act or so unprincipled or disgraceful as to be reprehensible to a
high degree. It is a willful, flagrant, or shameless act which shows a
moral indifference to the opinion of respectable members of the
community.

Ronquillo, et. al. vs. Cezar

The practice of law is not a right but a privilege. It is granted only to
those of good moral character. The Bar must maintain a high standard of
honesty and fair dealing. Lawyers must conduct themselves beyond
reproach at all times, whether they are dealing with their clients or the
public at large, and a violation of the high moral standards of the legal
profession justifies the imposition of the appropriate penalty, including
suspension and disbarment.

Non Payment of Debt Barrientos v. Libiran-Meteoro;

The deliberate failure to pay just debts and the issuance of worthless
checks constitute gross misconduct, for which a lawyer may be
sanctioned with suspension from the practice of law.
They must at all times faithfully perform their duties to society, to the
bar, the courts and to their clients, which include prompt payment of
financial obligations. They must conduct themselves in a manner that
reflect the values and norms of the legal profession as embodied in the
Code of Professional Responsibility.

Non Payment of Debt Cham vs. Paita-Moya

Verily, lawyers must at all times faithfully perform their duties to society,
to the bar, to the courts and to their clients. As part of those duties,
they must promptly pay their financial obligations. Their conduct must
always reflect the values and norms of the legal profession as embodied
in the Code of Professional Responsibility.

Bigamy and Concubinage Alejandeo v. Alejandro

No distinction has been made as to whether the misconduct was
committed in the lawyers professional capacity or in his private life.
This is because a lawyer may not divide his personality so as to be an
attorney at one time and a mere citizen at another. He is expected to be
competent, honorable and reliable at all times since he who cannot
apply and abide by the laws in his private affairs, can hardly be
expected to do so in his professional dealings nor lead others in doing
so.

Adulterous Relationship Guevarra v. Eala

"Whether a lawyer's sexual congress with a woman not his wife or
without the benefit of marriage should be characterized as 'grossly
immoral conduct' depends on the surrounding circumstances." The case
at bar involves a relationship between a married lawyer and a married
woman who is not his wife. It is immaterial whether the affair was
carried out discreetly.

Contracted Second Marriage with Deceit Macarrubo v. Macarrubo

As officers of the court, lawyers must not only in fact be of good moral
character but must also be perceived to be of good moral character and
must lead a life in accordance with the highest moral standards of the
community. The moral delinquency that affects the fitness of a member
of the bar to continue as such, including that which makes a mockery of
the inviolable social institution of marriage, outrages the generally
accepted moral standards of the community.

Failure to Give Support Samaneigo v. Ferrer

Needless to state, respondent ought always to keep in mind the
responsibilities of a father to all his children. If there be a resultant
hardship on them because of this case, let it be impressed on all
concerned that the direct cause thereof was his own misconduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal
system.
Acting as Counsel for an Association Created for the Purpose of Evading the
Law In Re Terrel
- Malpractice or gross misconduct in his office warrants a lawyers removal or
suspension from the practice of law. Assisting a client in a scheme which
the attorney knows to be dishonest or conniving at a violation of law are
acts which are enough to justify disbarment.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man's cause.

Barratry and Ambulance Chasing: PROHIBITED

Barratry the offense of frequently exciting and stirring up quarrels
and suits, wither at law or otherwise.
Ambulance Chasing done personally or by person under the
employment of the lawyer. Act of a lawyer who visits hospital and homes
of the afflicted, officiously intruding their presence and persistently
offering his service on the basis of a contingent fee.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man's cause.

Not Act as Instigator of Controversy Castaneda v. Ago

- It is the duty of a counsel to advise his client, ordinarily a layman to the
intricacies and vagaries of the law, on the merit or lack of merit of his
case. If he finds that his client's cause is defenseless, then it is his
bounden duty to advise the latter to acquiesce and submit, rather than
traverse the incontrovertible. A lawyer must resist the whims and
caprices of his client, and temper his clients propensity to litigate. A

lawyer's oath to uphold the cause of justice is superior to his duty to his
client; its primacy is indisputable.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or
settle a controversy if it will admit of a fair settlement.

Compromise
Authority of Lawyer to Bind Client

In any case by any agreement in relation thereto made in writing,

and in taking appeals, and in all matters of ordinary procedure.

Special authority is required in the compromise of the clients

litigation, or the receipt of anything in discharge of a clients claim
except the full amount in cash.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH
THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case,
he shall not refuse to render legal advice to the person
concerned if only to the extent necessary to safeguard the
latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.

Practice of Law is a Profession, Not a Money-Making Trade

Ledesma v. Climaco, G.R. No. L-23815, June 28, 1974

- The law is a profession, not a trade or a craft. Those enrolled in its ranks
are called upon to aid in the performance of one of the basic purposes of
the State, the administration of justice. To avoid any frustration thereof,
especially in the case of an indigent defendant, a lawyer may be
required to act as counsel de oficio. The fact that his services are
rendered without remuneration should not occasion a diminution in his
zeal.

In Re Tagorda, 53 Phil 37 (1929)

LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
(NOTE. As notary public, he can execute for you a deed of sale for the
purchase of land as required by the cadastral office; can renew lost
documents of your animals; can make your application and final
requisites for your homestead; and can execute any kind of affidavit. As
a lawyer, he can help you collect your loans although long overdue, as
well as any complaint for or against you. Come or write to him in his
town, Echague, Isabela. He offers free consultation, and is willing to help
and serve the poor.)

Improper Solicitation
Director of Religious Affairs v. Bayot 74 Phil 579
Marriage license promptly secured thru our assistance & the annoyance
of delay or publicity avoided if desired, and marriage arranged to wishes
of parties. Consultation on any matter free for the poor. Everything
confidential.
Legal assistance service
12 Escolta, Manila, Room, 105
Tel. 2-41-60.

Improper Solicitation
Ulep v. Legal Clinic, Inc. 223 SCRA 378
Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30
am 6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla.

Improper Solicitation
Ulep v. Legal Clinic, Inc. 223 SCRA 378
Annex B
GUAM DIVORCE.
DON PARKINSON

an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through

The Legal Clinic beginning Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext.
Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence.
Remarriage to Filipina Fiancees. Adoption. Investment in the Phil.
US/Foreign Visa for Filipina Spouse/Children. Call Marivic.
THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy
CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767

Permissible Advertisement: compatible with the dignity of the legal

profession:

Simple signage with lawyers name/s, office and residence

address;
Advertisement in legal periodicals with brief data;
Calling cards (even with formal picture);
Publication in reputable law list;
Modest announcement in newspapers on the opening of a law
firm

Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
Schedule of Fees

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES

SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
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.

Ulep v. Legal Clinic, Inc. 223 SCRA 378

Khan, Jr. v. Simbillo, AC No. 5299, (2003)
annulment expert at P48,000.00 within 4 to 6 months
Solicitation of legal business is not altogether proscribed. However, for

solicitation to be proper, it must be compatible with the legal

professions dignity. If made in a modest and decorous manner, it would
bring no injury to lawyers and to the Bar.

Linsangan v. Tolentino, AC No. 6672, (2009)

Front
NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Fe Marie L. Labiano
Paralegal
1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820
6th Ave., cor M.H. Del Pilar
Fax: (632) 362-7821
Grace Park, Caloocan City
Cel.: (0926) 2701719
Back
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
(emphasis supplied)

Lawyers should not advertise their talents as merchants advertise their

wares as the contrary would commercialize the legal practice, degrade
the profession in the publics estimation and impair its ability to
efficiently render that high character of service to which every Bar
member is called. Hence, lawyers are prohibited from soliciting cases for
the purpose of gain, either personally or through paid agents or brokers.

Villatuya v. Tabalingcos, AC No. 6622, (2012)

A lawyer is not prohibited from engaging in business or other lawful

occupation. Impropriety arises, though, when the business is of such a
nature or is conducted in such a manner as to be inconsistent with the
lawyers duties as a member of the bar. This inconsistency arises when
the business is one that can readily lend itself to the procurement of
professional employment for the lawyer; or that can be used as a cloak
for indirect solicitation on the lawyers behalf; or is of a nature that, if
handled by a lawyer, would be regarded as the practice of law.

Dacanay v.Baker and McKenzie, 136 SCRA 349 (1985)

The use of the firm name Baker & McKenzie constitutes a representation
that being associated with the firm they could render legal services of
the highest quality to multinational business enterprises and others
engaged in foreign trade and investment (p. 3, respondents memo).
This is unethical because Baker & McKenzie is not authorized to practice
law here.

Firm Name, Branch and Main Office

Effect of Negligence of a Member of a Firm

Rule 3.02 - In the choice of a firm name, no false, misleading or

assumed name shall be used. The continued use of the name of
a deceased partner is permissible provided that the firm
indicates in all its communications that said partner is
deceased.

Abandonment of the ruling in: In the Matter of the Petition for

Authority to Continue Use of the FirmName Ozaeta, Romulo,
de Leon, etc. Petition for Authority to Continue Use of Firm
Name Sycip, Salazar, Feliciano, etc. (1979)

Rule 3.03 - Where a partner accepts public office, he shall

withdrawal from the firm and his name shall be dropped from

the firm name unless the law allows him to practice law
currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in
return for, publicity to attract legal business.

Cruz v. Salva, 105 Phil 1151 (1959)

The lawyers actuations in this regard went well beyond the bounds of
prudence, discretion and good taste. It is bad enough to have such
undue publicity when a criminal case is being investigated by the
authorities, even when it being tried in court; but when said publicity
and sensationalism is allowed, even encouraged, when the case is on
appeal and is pending consideration by this Tribunal, the whole thing
becomes inexcusable, even abhorrent, and this Court, in the interest of
justice, is constrained and called upon to put an end to it and a deterrent
against its repetition by meting an appropriate disciplinary measure,
even a penalty to the one liable.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF

THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN
LAW REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF
LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
MCLE

Mandatory Continuing Legal Education

Bar Matter No. 850, October 2, 2001.
Members of the IBP.
Purpose: 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. (Rule 1)
Requirements of completion
of MCLE : Rule 2, Sec. 2

Members of the IBP not exempt under Rule 7 shall complete,

every three (3) years, at least thirty-six (36) hours of continuing

legal education activities approved by the MCLE Committee.

Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics.

(b) At least (4) hours shall be devoted to trial and pretrial skills.
(c) At least five (5) hours shall be devoted to alternative dispute
resolution.
(d) At least nine (9) hours shall be devoted to updates on substantive
and procedural laws, and jurisprudence.
(e) At least four (4) hours shall be devoted to legal writing and oral
advocacy.
(f) At least two (2) hours shall be devoted to international law and
international conventions.
(g) The remaining six (6) hours shall be devoted to such subjects as
may be prescribed by the MCLE Committee.
Parties exempted from the MCLE:Rule 7, Sec.1

The following members of the Bar are exempt from the MCLE

requirement:

(a) The President and the Vice President of the Philippines, and

the Secretaries and Undersecretaries of Executives Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court,

incumbent and retired members of the judiciary, incumbent members of

the Judicial and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy program of continuing judicial education;
Parties exempted from the MCLE: Rule 7, Sec. 1

(d) The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General;
(f) The Government Corporate
Government Corporate Counsel;

Counsel,

Deputy

and

Assistant

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviews and professors of law who have
teaching experience for at least 10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of
Professors and Professorial Lectures of the Philippine Judicial Academy;
and
(l) Governors and Mayors.
Parties exempted from the MCLE:Rule 7, Sec. 2

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of
the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of

requirement
A member may file a verified request setting forth good cause for

exemption (such as physical disability, illness, post graduate study

abroad, proven expertise in law, etc.) from compliance with or
modification of any of the requirements, including an extension of time
for compliance, in accordance with a procedure to be established by the
MCLE Committee.
GENERAL COMPLIANCE PROCEDURES: Rule 11

Section 1. Compliance card

Each member shall secure from the MCLE Committee a Compliance

Card before the end of his compliance period. He shall complete
the card by attesting under oath that he has complied with the
education requirement or that he is exempt, specifying the nature
of the exemption. Such Compliance Card must be returned to the
address indicated therein not later than the day after the end of
the member's compliance period.

Section 2. Member record keeping requirement:

Each member shall maintain sufficient record of compliance or

exemption, copy furnished the MCLE Committee. The record
required to be provided to the members by the provider pursuant
to Section 3(c) of Rule 9 should be sufficient record of attendance
at a participatory activity. A record of non-participatory activity
shall also be maintained by the member, as referred to in Section 3
of Rule 5.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

Vitriolo v. Dasig, AC No. 4984, (2003)

Generally speaking, lawyer who holds a government office may not be
disciplined as a Bar member for misconduct in the discharge of his
duties as a government official. However, if said misconduct as a
government official also constitutes a violation of his oath as a lawyer,
then he may be disciplined by the Court as a Bar member. Respondents
misconduct as a CHED lawyer is of such a character as to affect her
qualification as a Bar member. As a lawyer, she ought to have known
that it was patently unethical and illegal for her to demand sums of
money as consideration for the approval of applications and requests
awaiting action by her office.

Lim v. Barcelona, AC No. 5438, (2004)

If a lawyers misconduct in the discharge of official duties as a
government official is of such character as to affect his qualification as a
lawyer or shows moral delinquency, he may be disciplined as a Bar
member on such ground. Lawyers in government service in the
discharge of their official tasks have more restrictions than lawyers in
private practice. Want of moral integrity is to be more severely
condemned in a lawyer who holds a responsible public office.

Rule 6.01 - The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his
public position to promote or advance his private interests, nor
allow the latter to interfere with his public duties.
Rule 6.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any
matter in which he had intervened while in said service.

Catu v. Rellosa, AC No. 5738, (2008)

While Sec. 90 of the Local Government Code subjected certain elective local officials to
the proscription to practice their profession, no such interdiction is made on the punong
barangay and members of the sangguniang baragay. However, he should have procured
prior permission or authorization from the Secretary of DILG before he entered his
appearance as counsel pursuant to Sec. 12, Rule 18 of the Revised Civil Service Rules.
Non-compliance therewith constituted a violation of his oath as a lawyer to obey the laws.

Lim-Santiago v. Sagucio, AC No. 6705, (2006)

In order to charge respondent for representing conflicting interests,
evidence must be presented to prove that respondent used against his
former client, any confidential information acquired through his previous
employment.

The only established participation respondent had with respect to the

criminal complaint is that he was the one who conducted the preliminary
investigation. On that basis alone, it does not necessarily follow that
respondent used any confidential information from his previous
employment in resolving the criminal complaint.

PCGG v. Sandiganbayan, 455 SCRA 526 (2005)

The matter which will not disqualify a lawyer would be the mere
drafting, enforcing, or interpreting government or agency procedures,
regulations or laws, or briefing abstract principles of law. The matter
where Mendoza got himself involved with was in acting as counselor of
the Central Bank; he informed them of the proper procedure provided by
law to liquidate GENBANK through the filing of the necessary petition in
the RTC of Manila. Mendoza is not privy to the decision of the Central
Bank to liquidate GENBANK nor was he involved in the sale of GENBANK
to presently Allied Bank. Moreover, Rule 6.03 of the Code of Professional
Responsibility cannot apply to Mendoza because his alleged intervention
as Solicitor General is an intervention on a matter different from the
sequestration of stocks as ill-gotten wealth in the Civil Case.