LEGAL ETHICS REVIEW

A. PRACTICE OF LAW Qualifications

Concept Any person admitted to the bar

and who is in good and regular standing
- The practice of law is any activity, is entitled to practice law [Sec. 1, Rule
in or out of court, which requires 138, Rules of Court, hereinafter RoC].
the application of law, legal Every applicant for admission as a
procedure, knowledge, training member of the bar must be:
and experience. It is to give
notice or render any kind of 1. Citizen of the Philippines;
service, which device or service 2. At least 21 years of age;
requires the use in any degree of 3. Of good moral character;
legal knowledge or skill 4. Resident of the Philippines;
(Cayetano v. Monsod, G.R. No. 5. Produce before the Supreme
100113) Court satisfactory evidence:
a. Of good moral character;
Privilege b. That no charges against him,
involving moral turpitude, have been
The right to practice law is not a filed or are pending in any court in the
natural or constitutional right but is a Philippines (Sec. 2, Rule 138, Rules of
privilege. It is limited to persons of good Court)
moral character with special
qualifications duly ascertained and [Continuing requirements for
certified. The exercise of this privilege membership in the bar]
presupposes possession of integrity, (TIP-SM-GC)
legal knowledge, educational
attainment, and even public trust since a 1. Payment of Professional Tax;
lawyer is an officer of the court. A bar 2. Membership in the IBP;
candidate who is morally unfit cannot 3. Payment of IBP dues;
practice law even if he passes the bar 4. Good and regular Standing;
examinations (Aguirre v. Rana, B.M. 5. Compliance with Mandatory
1036) Continuing Legal Education
(MCLE) Requirements (Bar
Profession, not business Matter 850, October 2, 2001);
6. Possession of Good Moral
Lawyering is not a business; it is Character; and
a profession in which duty to public 7. Compliance with Citizenship
service, not money, is the primary requirement
consideration. The gaining of a
livelihood is not a professional but a a. [GOOD MORAL CHARACTER]
secondary consideration (Burbe v.
Magulta, A. C. 99-634) ROC, Rule 138, Sec. 2. Every applicant
for admission as a member of the bar
must be … of good moral character…
and must produce before the SC
satisfactory evidence of good moral
character, and that no charges against

De La Salle Lipa – COL

JD4 2019-2020 Page 1
 LEGAL ETHICS REVIEW
him, involving moral turpitude, have
been filed or are pending in any court in
the Philippines.
Good moral character is a continuing
qualification required of every member
of the Bar, it is not only a qualification
precedent to the practice of law. [Narag
v. Narag, (1998)]
Definitions of ‘good moral character’
Absence of a proven conduct or act
which has been historically and
traditionally considered as a revocation of license [Agpalo 2004].
manifestation of moral turpitude. The act
or conduct need not amount to a crime;
and even if it does constitute an offense,
a conviction upon a criminal charge is
not necessary to demonstrate bad moral
character although it may show moral
depravity. [Agpalo]
This requirement is not only a
condition precedent to admission to
the practice of law, its continued
possession is also essential for
remaining in the practice of law. Good
moral character is what a person really
is, as distinguished from good reputation
or from the opinion generally entertained
of him, the estimate in which he is held
by the public in the place where he is
known. [In the matter of of Haron S.
Meling, (2004)]
The requirement of good moral
character to be satisfied by those
who would seek admission to the bar
must of necessity be more stringent
than the norm of conduct expected
from members of the general public.
SC may deny lawyer’s oath-taking
based on a conviction for reckless
imprudence resulting in homicide
(hazing case). But after submission of
De La Salle Lipa – COL
JD4 2019-2020
evidence and various certifications “he
may now be regarded as complying with
the requirements of good moral
character…he is not inherently of bad
moral fiber.” [In Re Argosino, (1997)]
Question of moral turpitude is for the
Supreme Court to decide, which is why
applicants are required to disclose any
crime which they have been charged.
Concealment or withholding from the
Court information about charges and
indictments is a ground for
disqualification of applicant or for
Concealment of pending criminal cases
constitutes lack of good moral character
(in petition to take the bar examinations)
[In the matter of Haron S. Meling (2004)]
b. [CITIZENSHIP]
Statutory Basis
1987 Const. Art. XII, Sec. 14. The
practice of all professions in the
Philippines. shall be limited to Filipino
citizens save in cases prescribed by law.
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of
the bar must be a citizen of the Phils.
Rationale: Citizenship ensures
allegiance to the Republic and its laws.
The loss of Filipino citizenship ipso jure
terminates the privilege to practice law
in the Philippines except when
citizenship is lost by reason of
naturalization and reacquired through
RA 9225. [Petition to Resume Practice
of Law of Benjamin Dacanay, (2007)]
[Appearance of non-lawyers]
Page 2
 LEGAL ETHICS REVIEW
General Rule:
Only those who are licensed to practice
law can appear and handle cases in
court.
Exceptions:
a. [Law Student Practice]
Student Practice Rule – A law
student who has successfully
completed his 3rd year of the
regular 4-year prescribed law
curriculum and is enrolled in a
recognized law school’s clinical
legal education program
approved by the SC.
Student 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 school. [Sec.
1, Rule 138-A]
The student shall be under the
direct supervision and control of a
member of the IBP duly
accredited by the law school.
[Sec. 2]
b. [Non-Lawyers in courts]
Before the MTC – a party may
conduct his case or litigation in
person with the aid of an agent or
friend appointed by him [Sec.
34,Rule 138]
Before any other court – a party
may conduct his litigation
personally. [Sec. 34, Rule 138]
De La Salle Lipa – COL
JD4 2019-2020
He is bound by the same rules in
conducting the trial of his case.
He cannot, after judgment, claim
that he was not properly
represented.
In a criminal case before the
MTC – in a locality where a duly
licensed member of the Bar is not
available, the judge may appoint
a non-lawyer who is a resident of
that province, of good repute for
probity and ability to represent
the accused in his defense. [Sec.
7, Rule 116]
Under the Labor Code - non-lawyers
may appear before the NLRC or any
Labor Arbiter if they:
a. represent themselves;
b. represent their organization or
members thereof. [Art. 222, PD
442]
A non-lawyer or layman may
represent a claimant before the
Cadastral Court. [Sec. 9, Act. No. 2259]
Any official or other person appointed to
appear for the Government of the
Philippines in accordance with law shall
have all the rights of a duly authorized
member of the bar in any case in which
said government has an interest. [Sec.
33, Rule 138]
Three Limitations in the appearance
of a layman on behalf of another:
1. Layman should confine his work to
non-adversary contentions. Should not
undertake purely legal work such as
examination of witnesses or
presentation of evidence.
2. Services should not be habitually
rendered.
Page 3
 LEGAL ETHICS REVIEW
3. Should not charge or collect
attorneys’ fees.
Right of party to represent himself
 In Civil Cases, individual litigant has
the right to conduct his litigation
personally.
 He will still be bound by the same
rules of procedure and evidence as
those applicable to a party appearing
through counsel.
 He may not be heard to complain later
that he has been deprived of the right to
the assistance of counsel.
 In Criminal Cases involving grave
and less grave offenses, an accused
who is a layman must always appear by
counsel. He cannot conduct his own
defense, as his right to counsel may not
be waived without violating his right to
due process of law.
 By a Juridical Person:
o General Rule: it must always appear in
court by a duly licensed member of the
bar.
o Exception: In the MTC, it may be
represented by its agent or officer who
need not be a lawyer.
Non-lawyers in administrative
tribunals and labor tribunals
A non-lawyer may appear in any
of the proceedings before the Labor
Arbiter or Commission only under the
following conditions:
1. he/she represents himself/herself
as party to the case;
2. he/she represents a legitimate
labor organization which is a
party to the case;
3. he/she represents a member or
members of a legitimate labor
organization that is existing within
the employer’s establishment,
who are parties to the case;
De La Salle Lipa – COL
JD4 2019-2020
4. he/she is a duly-accredited
member of any legal aid office
recognized by the Department of
Justice or Integrated Bar of the
Philippines;
5. he/she is the owner or president
of a corporation or establishment
which is a party to the case.
(2011 NLRC Rules of Procedure,
Rule III, Sec. 6, par. b)
Proceedings where lawyers are
prohibited from appearing
Lawyers are prohibited from
appearing in the following proceedings:
1. In all katarungang pambarangay
proceedings, the parties must
appear in person without the
assistance of counsel or
representative, except for minors
and incompetents who may be
assisted by their next-of-kin who
are not lawyers. (R.A. No. 7160,
Sec. 415)
2. Under the Indigenous People’s
Rights Act of 1997, as a general
rule, lawyers are prohibited to
appear for any party as counsel,
except when such lawyer is
appearing in his/her capacity as a
member of the council of elders
or due to his/her obligation as
member of the IP community or
for the purpose of defending or
prosecuting his/her case.
(Administrative Circular No. 1.
Series of 2003, Sec. 10)
3. Under the Rule Of Procedure for
Small Claims Cases, no attorney
shall appear in behalf of or
represent a party at the hearing,
Page 4
 LEGAL ETHICS REVIEW
unless the attorney is the plaintiff
or defendant. If the court
determines that a party cannot
properly present his/her claim or
defense and needs assistance,
the court may, in its discretion,
allow another individual who is
not an attorney to assist that
party upon the latter’s consent.
(A.M. No. 08-8-7-SC, Sec.17)
SANCTIONS FOR PRACTICE OR
APPEARANCE WITHOUT
AUTHORITY
a. Lawyers without authority
1. Suspension;
2. Administrative complaint against
the erring lawyer or government
official;
3. Petition for Injunction;
4. Contempt of Court;
5. Criminal complaint for Estafa
against a person who falsely
represented himself to be an
attorney to the damage of a party;
and
6. Disqualification and complaints
for disbarment
b. Persons not lawyers
A person may be punished for
indirect contempt for assuming to be an
attorney or an officer of a court, and
acting as such without authority. (Rules
of Court, Rule 71, Section 3, par. e)
PUBLIC OFFICIALS AND PRACTICE
OF LAW
“Public Officials”
- includes elective and appointive
officials and employees,
permanent or temporary, whether
De La Salle Lipa – COL
JD4 2019-2020
in the career or non-career
service, including military and
police personnel, whether or not
they receive compensation,
regardless of amount (R.A. No.
6713, Section 3, par. b)
Public officials that are PROHIBITED
from engaging in the practice of law:
1. Judges and other officials or
employees of the superior court;
2. Members of the Judicial and Bar
Council;
3. Chairman and members of the
Constitutional Commission;
4. Those who, by special law, are
prohibited from engaging in the
practice of their legal profession,
but if so authorized by the
department head, he may, in an
isolated case, act as counsel for
a relative or close family friend;
5. Ombudsman and his deputies;
6. Governors, city, and municipal
mayors;
7. Official and employees of the
Office of the Solicitor General;
8. Government Prosecutors;
9. President, Vice-President,
members of the Cabinet, their
deputies and assistants; and
10. Civil service officers or
employees whose duties require
them to devote their entire time at
the disposal of the government
Public officials who have
RESTRICTED right to practice law:
1. Senators and Members of the
House of Representatives;
2. Members of the Sanggunian;
3. Retired Justices or Judges; and
4. Civil service officers or
employees whose duty does not
Page 5
 LEGAL ETHICS REVIEW
require his entire time to be at the
disposal of the government with
written permit from their
respective heads. However,
officials who by express mandate
of the law are prohibited from
practicing law, may not, even with
the consent of the department
head, engage in the practice of
law.
Restrictions in the practice of law on
members of legislature:
Prohibited from appearing as
counsel in:
6. Any court of justice.
7. Electoral Tribunals.
8. Quasi-Judicial or Administrative
bodies.
“appearing” includes not only arguing a
case before any such body but also
filing a pleading on behalf of a client as
“by simply filing a formal motion, plea or
answer”
Restrictions in the practice of law of
the members of the Sanggunian:
They 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.
3. Collect any fee for their
appearance in administrative
proceedings involving the local
De La Salle Lipa – COL
JD4 2019-2020
government unit of which he is an
official. [Sec. 90, R.A. 7160]
4. 4. Use property and personnel of
the government except when the
Sanggunian member concerned
is defending the interest of the
government.
However, Sanggunian members may
practice their professions, engage in any
occupation, teach in schools except
during session hours.
Restrictions in the practice of law of
retired justices or judges:
A retired justice of judge receiving
pension from the government shall not
appear as counsel before any court in:
1. Any civil case in which the
government or in any of its
subdivision or agencies is the
adverse party;
2. In a criminal case wherein an
officer or an employee of the
Government is accused of an
offense in relation to his office; or
3. ollect any fee for his/her
appearance In any administrative
proceedings to maintain an
Interest to the Government,
national, provincial Or municipal,
or to any of its legally constituted
officers. (R.A. No. 9946, Section
1)
Prohibition or disqualifications
imposed on former government
attorneys:
A lawyer, shall not, after leaving
government service, accept
engagement or employment in
connection with any matter in which he
Page 6
 LEGAL ETHICS REVIEW
had intervened while in said service.
(Rule 6.03 of CPR)
Coverage of the restriction under
Rule 6.03:
The restriction covers matter in
which the former government lawyer
represents a client in private practice,
which is, substantially related to a matter
that the lawyer interfered with while
employed by the government. (PCGG
vs. Sandiganbayan, G.R. Nos. 151809-
12, April 12, 2005)
Persons authorized to represent the
government.
Any person appointed to appear
for the Government of the Philippines
shall be
allowed to appear in court, subject to
pertinent laws.
Any official or other person
appointed or designated in accordance
with law to appear for the Government
of the Philippines or any of its officials
shall have all the rights of a duly
authorized member of the bar to appear
in any case in which the government
has an interest, direct or indirect, or in
which such official is charged in his
official capacity. [Rule 138, Sec. 33,
Rules of Court]. In this rule are the
Solicitor General, assistant solicitors
general, solicitors and trial attorneys,[Cf.
Presidential Decree Nos. 478 and 1347]
state prosecutors or special counsel in
the Department of Justice, provincial
and city prosecutors and their assistants
and other attorneys in other legal offices
of the government.
The common qualification of
these public officials is membership in
the bar.
De La Salle Lipa – COL
JD4 2019-2020
LAWYER’S OATH
An applicant who has passed the
required examination, or has been
otherwise found to be entitled to
admission to the bar, shall take and
subscribe before the Supreme Court the
corresponding oath of office [Sec. 17,
Rule 138].
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, A.M. 712
(1997)].
I, do solemnly swear that I will
maintain allegiance to the Republic of
the Philippines, I will support the
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, or give aid nor
consent to the same; I will delay no man
for money or malice, and will conduct
myself as a lawyer according to the best
of my knowledge and discretion, with all
good fidelity as well to the courts as to
Page 7
 LEGAL ETHICS REVIEW

my clients; and I impose upon myself

these voluntary obligations without any
mental reservation or purpose of
evasion. So help me God.

De La Salle Lipa – COL

JD4 2019-2020 Page 8