CRUZ, RENMAR J (2021107270)

JD 1-B LEGAL ETHICS

ANSWERS:

1. Legal Ethics, which is one of my subjects in law school, tackles the duties of law
practitioners to the court, his clients, his co-practitioners, and to the public.

Legal ethics is important in order to maintain a high moral standard for the lawyer in
performing his duties as an officer of the court, his duties to his client, to the members of
the legal profession as well as to society.

2. The practice of law is any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience. It is to give notice or render
any kind of service, which device or service requires the use in any degree of legal
knowledge or skill [Cayetano v. Monsod, G.R. No. 100113 (1991)].

3. According to Justice Padilla, in his dissent in Cayetano v. Monsod, the following

factors are considered in determining whether there is practice of law:

(1) Habituality – Practice of law implies customarily or habitually holding one's

self out to the public as a lawyer. It is more than an isolated appearance for it consists in
frequent or customary action.

(2) Application of law, legal principles, practice or procedure – It calls for legal
knowledge, training and experience.

(3) Compensation– Practice of law implies that one must have presented himself
to be in the active and continued practice of the legal profession and that his
professional services are available to the public for compensation.

(4) Attorney-client relationship – Where no such relationship exists, such as in

cases of teaching law or writing law books or articles, there is no practice of law.

4. The practice of law is a privilege bestowed only to those who are morally fit. A bar
candidate who is morally unfit cannot practice law even if he passes the bar
examinations [Aguirre v. Rana, B.M. 1036 (2003)].

5. Teaching law is considered practice of law because the fact of their being law
professors is inextricably intertwined with the fact that they are lawyers [Re: Letter of UP
Law Faculty, A.M. 10-10-4-SC (2011)].

6. The Supreme Court has the power to promulgate rules pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the under-privileged.
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JD 1-B LEGAL ETHICS

7. As a general rule, only members of the bar are entitled to practice law.

As an exceptions, the following are also allowed in exceptional circumstances:

(1) Law students;

(2) By an agent/friend;

(3) By the litigant himself.

8. The requirements for admission to the bar are the following:

(1) Filipino citizen

(2)at least 21 years of age

(3)of good moral character

(4)Resident of the Philippines

(5)must produce satisfactory evidence of good moral character certifying that no

charges involving moral turpitude have been filed or pending in any court in the
Philippines

9. Members of the IBP shall complete, every three years, at least 36 hours of continuing
legal education activities approved by the MCLE Committee. Of the 36 hours:

Subject No. of Hours

Legal Ethics 6 hours

Trial and Pre-trial Skills 4 hours

Alternative Dispute Resolution 5 hours

Updates on substantive and procedural laws and Jurisprudence 9 hours

International law and International Conventions 2 hours

Legal Writing and Oral Advocacy 4 hours

Other MCLE prescribed subjects 6 hours

10. The following are the requirements that must be met to enable a lawyer who lost his
Filipino Citizenship but later on reacquires the same to practice law in the Philippines.
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JD 1-B LEGAL ETHICS

Application with the Supreme Court for a license or permit to engage in such practice
after compliance with the following:

(1) Updating and payment of annual membership dues in the IBP;

(2) Payment of professional tax;

(3) Completion of 36 hours of MCLE;

(4) Retaking of the lawyer’s oath [Sec. 5(4), RA 9225].

11. The following are the instances when non-lawyers may appear in Court:

(1) In the municipal trial court, a party may conduct his litigation in person or with
the aid of an agent or friend (Sec. 34. Rule 138).

(2) In any other court, a party may conduct his litigation personally

(3) In criminal proceedings before a municipal trial court in a locality where a duly
licensed member of the bar is not available, the court may in its discretion admit or
assign a person, resident of the province and of good repute for probity and ability, to
aid the defendant in his defense, although the person so assigned is not a duly
authorized member of the bar (Sec. 4. Rule 116).

(4) Any official or other person appointed or designated in accordance with law to
appear for the Government of the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in which said government has an
interest direct or indirect (Sec. 33. Rule 138).

(5) A senior law student who is enrolled in a recognized law school’s clinical
education program approved by the Supreme Court may appear before any court
without compensation to represent indigent clients accepted by the Legal Clinic of the
law school (Rule 138-A).

(6) Non-lawyers may appear before the NLRC or any Labor Arbiter if they
represent themselves or their labor organization or members thereof (Art. 222, Labor
Code).

12. A corporation cannot engage in the practice law directly or indirectly. It may only hire
in-house lawyers to attend to its legal business. A corporation cannot employ a lawyer
to appear for others for its benefit. A corporation cannot perform the conditions required
membership to the bar.

13.

The following are the public officials who are absolutely prohibited to engage in the
practice of law in the Philippines:
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JD 1-B LEGAL ETHICS

(1) Judges and other officials or employees of superior courts [Sec. 35, Rule
148];

(2) Officials and employees of the Office of the Solicitor General [Sec. 35, Rule
148];

(3) Government prosecutors [Lim-Santiago v. Sagucio, A.C. 6705 (2006)];

(4) President, vice-president, cabinet members, their deputies and assistants

[Sec. 15, Art. VII, Consti];

(5) Chairmen and members of constitutional commissions [Sec. 2, Art. IX-A,

Consti];

(6) Members of the Judicial Bar Council [Sec. 2, Art. IX-A, Consti];

(7) Ombudsman and his deputies [Sec. 8 (2), Art. X, Consti];

(8) All governors, city and municipal mayors [Sec. 90(a), RA 7160];

(9) Civil service officers or employees whose duties require them to devote their
entire time at the disposal of the government [Catu v Rellosa, A.C. 5738 (2008)];

(10)Those who, by special law, are prohibited from engaging in the practice of
their legal profession.

The following are the public officials who are not absolutely prohibited to engage in the
practice of law in the Philippines:

(1) Senator or member of the House of Representatives to personally appear as

counsel before any court of justice or before the Electoral Tribunals, or quasi- judicial
and other administrative bodies [Sec. 14, Art. VI, 1987 Consti];

(2) Sanggunian members to practice law during session hours of the following:

a. 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;

b. 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;

c. Collect any fee for their appearance in administrative proceedings

involving the local government unit of which he is an official; and d. Use property
and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government [Sec. 90(b), RA 7160].

14. Yes. Under the Rules of Court, a party may conduct his litigation personally or by
aid of an attorney, and that his appearance must be either personal or by a duly
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JD 1-B LEGAL ETHICS

authorized member of the Bar. Hence, the provision clearly states that a party can
represent himself.

15. Under Section 20, Rule 138, the duties of a lawyer are the following:

(1) To maintain allegiance to the Republic of the Philippines;

(2) To maintain the respect due to the courts of justice and judicial officers;

(3) 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;

(4) 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;

(5) To maintain inviolate the confidence, and at every peril to himself, to preserve
the secret of his client, and to accept no compensation in connection with his client’s
business except from him with his knowledge and approval;

(6) 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;

(7) 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;

(8) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed; and

(9) 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.

16. Lawyer’s Oath:

“I, Renmar J. Cruz, having been permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the supreme authority of the Republic of
the Philippines; I will support its Constitution and obey the law 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 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 my clients; and
I impose upon myself this voluntary obligation without any mental reservation or
purpose of evasion. So, help me God.”
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JD 1-B LEGAL ETHICS

17. Definition of Terms

A.Amicus Curiae- literally, a friend of the court; a lawyer appointed by the court, not to
represent a party to the case, but to advise the court on intricate questions of law in a
case that the lawyer may have some expertise in

B.Amicus Curiae par excellence- a case involving a matter of public law or professional
concern which the Integrated Bar of the Philippines (IBP) may intervene

C.Attorney ad hoc- A person named and appointed by the court to defend an absentee
defendant in the suit in which the appointment is made

D.Attorney-at-law- class of persons who are licensed officers of the courts, empowered
to appear prosecute and defend and upon whom peculiar duties, responsibilities, and
liabilities are developed by law as a consequence

E.Attorney-in-fact-  an agent authorized to act on behalf of another person, but not
necessarily authorized to practice law

F.Attorney-of-record- a lawyer whose name and address appears in the or a case as

representing a party; same as a counsel de parte.

G.Bar and Bench

         Bar is a collective term for the attorneys who are licensed to practice in the
Courts.Bench means all the judges taken together 

H. Counsel/Attorney de Oficio-a lawyer appointed by the court to represent a party who

cannot afford to secure a lawyer to represent him in a case

I.In House or House Counsel- a lawyer employed by a business to work in-house on its
legal matters.

J.Lead Counsel- is the lawyer on either side of a litigated action who is charged with the
principal management and direction of the party’s case

K.Of Counsel-  a lawyer who is not a partner, associate, shareholder, or member of a

firm, but who has some sort of a close and continuing relationship with the firm.

L.Pro Se- a Latin word, meaning "for oneself" or "on behalf of oneself."  It is a practice
where individuals represent themselves in pending legal proceedings before
administrative bodies or courts. 

M.Trial Lawyer- is a lawyer who engages chiefly in the trial of cases before courts of
original jurisdiction.

18. The Code of Professional Responsibility is the code of conduct for the members of
the Bench and Bar.

SOURCE: UP College of Law reviewer (2016)