LEGAL PROFESSION
II. Nature of an Attorney
MODULE 2
CHAPTER 1. INTRODUCTION
I. What is legal profession?
- is a branch of the administration
of justice whose main purpose is
to aid in the doing of justice
according to law between state
and the individual and between
man and man.
Art. 152 of the Revised Penal Code provides that
lawyers , in the actual performance of their
professional duties or on the occasion of such
performance, shall be deemed persons in authority.
In the government, lawyers enjoy first grade civil
service eligibility under R.A. No. 1080 where
knowledge of law is a pre-requisite.
A lawyer need not take any other civil service
examination.
Misconceptions:
1. Some individuals do not trust lawyers
because they either categorize them as
big-mouthed crocodiles waiting for a prey
or a "Judas" willing to sell his master for
some silver coins.
2. There are too many lawyers in the
Philippines and that since those running
the affairs of the government are mostly
lawyers or have lawyers consultants, our
nation is facing a blank wall towards
progress.
This is how lawyer is trained for – respect to
everyone's freedom of expression.
In the Philippines, law profession is a mission. A
mission to administer justice not only to those who
have the capacity to obtain the services of a lawyer
but more importantly, to those deserving of justice
but have less in life.
An attorney may in short be defined as a person set
apart by the laws of the land relating to the high
interest of property, liberty and life. An attorney at
law is thus considered as a quasi-officer of the
court subject to regulation. He is an inherent
element in our judicial system.
An attorney may also be defined as someone who
is employed by a party in a ca use to manage the
same for
him, it has been held in a long line of eases that a
lawyer is above all an officer of the court.
His primary purpose is to stand by the truth.
But first of all, there should be an authority. The
authority of an attorney commences with his
retainer.
As a matter of fact, the presumption is that an
attorney has authority to appear; if the person he
appears for does not disclaim his authority, he is
deemed bound by the attorney's actions or
inactions.
As mentioned earlier, the first and foremost duty of
a lawyer is the administration of justice, and his
duty to his client is subordinate to that.
Membership in the bar is an exacting
responsibility. As quoted by one jurist, "it is a
privilege burdened with conditions."
It can be safely concluded that a lawyer must do his
best in the administration of justice. Bear in mind
that the legal profession is a branch of the
administration of justice and not mere
moneymaking trade.
III. Legal Profession as a
Subject
To stress the moral responsibility expected of
every lawyer, courses were added. These are Legal
Profession, Legal Counseling and Problem Areas
in Legal Ethics.
 IV. Brief History of the Legal
Education in the Philippines
The sources of Philippine legal education are:
 Spain - Roman Civil law and the Canon
law
 United States - English common law in
the Philippines.
 Indo-Malayan - Islamic Law in the
Philippines
 prior to the Spanish regime - Code of
Kalantiao
In 1911, the only educational requirements for a
law profession were a high school degree as a pre-
law and a three year law course.
Two years of college studies in addition to a high
school degree and a three year law course
Increased the pre -law requisite
to a four-year bachelor' s degree in arts and science
and the law course to four years of legal studies
(bachelor of laws)
CHAPTER II
The Study Of Law
V. Reasons and implications in the
study of law
For the secret of law study is to love it.
It is very important for a student to understand that
he enters the law school not to know the law.
A student enters the law school to learn how to
study the law, and not solely to learn the laws.
VI. Basic skills and qualities required in
the study of law
a. Dreams /Ambition - A student should dream
to become a lawyer.
b. Perseverance - A law student must be
determined to hurdle the bar even if it will
take a great degree of sacrifice for his part.
c. Patience
Basic tools one must have to study
law and to pass the bar examinations:
a. Language
b. Logic or Critical Analysis
c. Law
Always remember that lawyers are made, not born.
CHAPTER XV
Practical Tips for Law
Students
a. Improve language skills and use dictionary
b. Learn to love reading
c. Improve study habits
d. Start building up persona l library
e. Improve penmanship
f. Observe common sense
Article VIII, Section 5(5), 1987 Constitution
SECTION 5. 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 underprivileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
Article XII, Section 14, 1987 Constitution
SECTION 14. The sustained development of a
reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate
technology and regulate its transfer for the national
benefit.

MODULE 3
CHAPTER III.
Nature of Legal Profession
1. Practice of law is a Profession
Profession - refers to a group of men pursuing
a learned art as a common calling in the spirit of
public service.
Profession differs from a trade or business because
the primary purpose of the latter is economic gain or
profit. While in a profession, gaining profits is merely
incidental.
The basic ideal of the profession is to
render public service and secure justice to those who
seek its aid.
2. Three ideas involved in a profession
a. Organization
b. Learning
c. Spirit of Public Service
3. Legal Profession; a privilege and a right
For one to be admitted in the practice of law and for a
continued enjoyment thereof, he must possess all the
required qualifications needed in the profession
among which is the continued possession of good
moral character.
A lawyer cannot be prevented from practicing law
except upon valid cause and only after affording him
due process.
He cannot be prevented from appearing before any
judicial, quasi-judicial, or administrative tribunal as
long as he is a member of the bar in good and regular
standing.
As an officer of the court, he enjoys the presumption
of regularity in the performance of his duties. He has
the right to protest in a respectful manner anything
which he thinks is prejudicial to the orderly and
expeditious administration of
justice.
He has the right to stand up for his right or the
right of his client even in the face of a hostile
court.
4. Standards of the legal profession
“Like medicine and the ministry, law is a service
profession, and therefore, it must be measured by
the standards of those professions” - Justice
Vicente Mendoza
a. Independence
A lawyer owes entire devotion and loyalty
to his client. But it is devotion and loyalty
within the bounds of honor.
b. Accessibility
Legal services are needed not only by
indigent persons, but even by those who are
capable to pay their way but do not know
whom to engage as counsel.
Legal services must be made available a t
the earliest possible time, and not when a
case was already in court.
The readiness of its (bar) members to
engage in public service. Lawyers must be
able to shuttle between private practice and
government service, enjoying not only the
financial privileges of the former but also
the civic rewards brought about by the latter.
c. Learning
The Code of Professional Responsibility
states that " a lawyer (must) serve his client
with competence and diligence."
BURBE v. MAGULTA
A case brought to the SC is a complaint for
disbarment or suspension/disciplinary action
against Atty. Alberto C. Magulta. Filed by
Dominador P. Burbe w/ the IBP.
The petitioner was introduced to Atty Magulta to
represent him in a money claim and civil case
against parties for breach of contract.
The lawyer failed to file a case and lied to the
petitioner. He had spent the money for the filing
fee for his own purpose and to appease petitioner’s
feelings, he offered to reimburse him.
The lawyer committed a gross violation of
professional ethics and are guilty of betrayal of
public confidence in the legal profession.
The Court SUSPENDED the lawyer from practice
of law for a period of one (1) year.
KHAN v SIMBILLO
This administrative complaint arose from a paid
advertisement that appeared in the issue of the
newspaper, Philippine Daily Inquirer, which reads:
"ANNULMENT OF MARRIAGE Specialist 532-
4333/521-2667.
Atty. Ismael G. Khan, Jr., filed an administrative
complaint against Atty. Simbillo for improper
advertising and solicitation of his legal service.
The practice of law is not a business. It is a
profession in which duty to public service, not
money, is the primary consideration. The gaining
of a livelihood should be a secondary
consideration.
He is SUSPENDED from the practice of law for
ONE (1) YEAR .
ALCANTARA vs De VERA
Rosario Mercado won in a civil case with Atty.
Eduardo De Vera as her legal counsel. Upon
execution of the decision and collection of bank
deposits for Mercado, Atty. De Vera refused to
turn over the proceeds, saying that the money was
used to pay court fees and the remaining are his as
attorney’s fees.
Mercado filed a disbarment case against Atty. De
Vera for infidelity in the custody and handling
client’s funds.
The IBP sanctioned Atty. De Vera with a
suspension of practice for one (1) year.
Following this, Atty. De Vera filed baseless
lawsuits against most of the members of the
Mercado Family under different jurisdictions.
He also filed cases against IBP governors who
recommended his suspension.
They maintain that the primary purpose of the
cases is to harass and to exact revenge for the one-
year suspension from the practice of law meted out
by the IBP against the respondent
Atty. De Vera was found guilty of violating the
lawyer’s oath and the Code of Professional
Responsibility for raising unfounded lawsuits
against the Mercado family and several IBP board
members who recommended his suspension.
Such act is deemed retaliatory and is unbecoming
of a member of the bar who should uphold the
integrity, honesty and dignity of the legal
profession. Atty. De Vera was disbarred
permanently from practice.
Phil. Lawyer's Association v. Agrava
This is the petition filed by the Philippine Lawyer's
Association for prohibition and injunction against
Celedonio Agrava, in his capacity as Director of
the Philippines Patent Office.
Respondent Director of Philippines Patent Office
issued a circular announcing an examination for
the purpose of determining who are qualified to
practice as patent attorneys before the Philippines
Patent Office.
The petitioner contends that one who has passed
the bar examination sand is licensed by the
Supreme Court to practice law in the Philippines
and who is in good standing is duly qualified to
practice before the Philippines Patent Office and
that the respondent Director’s holding an
examination for the purpose is in excess of his
jurisdiction and is in violation of the law.
Respondent insists that prosecution of patent cases
does not involve entirely or purely the practice of
law but includes the application of scientific and
technical knowledge and training as a matter of
actual practice so as to include engineers and other
individuals who passed the examination can
practice before the Patent office.
The Supreme Court held that the practice of law
includes such appearance before the Patent Office,
the representation of applicants, oppositors, and
other persons, and the prosecution of their
applications for patent, their opposition thereto, or
the enforcement of their rights in patent cases.
The petition for prohibition is granted and the
respondent Director is hereby prohibited from
requiring members of the Philippine Bar to submit
to an examination or tests and pass the same before
being permitted to appear and practice before the
Patent Office.
MADRIA v RIVERA
November 2002, Madria consulted the respondent
in his law office in Tuguegarao City, Cagayan to
inquire about the process of annulling her
marriage.
The respondent guaranteed that he could obtain for
her the decree of annulment and legal cost would
be 25k.
April 2003, the respondent informed the
complainant that her petition had been granted.
Madria used the purported decision and certificate
of finality in applying for the renewal of her
passport believing it was authentic. However, she
became the object of an investigation by the NBI
because her former partner, Andrew Dowson
Grainge, had filed a complaint charging that she
had fabricated the decision for the annulment of
her marriage.
IBP Commissioner Rebecca Villanueva-Maala
concluded that the respondent had violated his
Lawyer's Oath; and recommended his suspension
from the practice of law for a period of two years.
The IBP Board of Governors modified the
recommendation of suspension from the practice
of law for two years to disbarment.
Simulating or participating in the simulation of a
court decision and a certificate of finality of the
same decision is an outright criminal falsification
or forgery. One need not be a lawyer to know so,
but it was worse in the respondent’s case because
he was a lawyer. Thus, his acts were legally
intolerable. Specifically, his deliberate falsification
of the court decision and the certificate of finality
of the decision reflected a high degree of moral
turpitude on his part, and made a mockery of the
administration of justice in this country.
He thereby became unworthy of continuing as a
member of the Bar.