Basic Legal Ethics

A. Practice of law

1. People v. Villanueva, G.R. No. L-19450, May 27, 1965

Facts: Simplicio Villanueva was charged with Malicious Mischief before the justice of the
Peace Court of Alaminos, Laguna. He was represented by City Attorney Ariston Fule of San Pablo
City as private prosecutor after securing the permission of the Secretary of Justice. The condition was
that he would be considered on official LOA and would not receive any payment for his services every
time he appears at the trial of the case. This was questioned by the counsel for the accused, arguing
that the JP court, in entertaining the appearance of City Attorney Fule in the case, is a violation of the
ruling in Aquino et al. vs. Blanco, et al. which ruled that "when an attorney had been appointed to the
position of Assistant Provincial Fiscal or City Fiscal and therein qualified, by operation of law, he
ceased to engage in private law practice." The counsel also invoked Section 32, Rule 127, now Sec.
35, Rule 138, Revised Rules of Court.

Issue: Whether or not Atty. Fule violated sec. 32 of Rule 127, now Sec. 35, Rule 138, Revised
Rules of Court, which bars certain attorneys from practicing?
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Ruling: No. The court believes that the isolated appearance of City Attorney Fule did not
constitute private practice within the meaning and contemplation of the Rules. Practice is more than
an isolated appearance, for it consists in frequent or customary actions, a succession of acts of the
same kind. In other words, it is frequent habitual. Practice of law to fall within the prohibition of statute
has been interpreted as customarily or habitually holding one's self out to the public, as customarily
and demanding payment for such services.

2. Cayetano v. Monsod, GR No. 100113, September 3, 1991-

Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the
position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on
Appointments on April 25, 1991. Petitioner RENATO opposed the nomination because allegedly
Monsoddoes not possess the required qualification of having been engaged in the practice of law for
at least ten years.
Monsod’s track record as a lawyer:

1. Passed the bar in 1960 with a rating of 86.55%.

2. Immediately after passing, worked in his father’s law firm for one year.
3. Thereafter, until 1970, he went abroad where he had a degree in economics and held various
positions in various foreign corporations.
4. In 1970, he returned to the Philippines and held executive jobs for various local corporations until
1986.
5. In 1986, he became a member of the Constitutional Commission.

Issue: Does Monsod not possess the required qualification of having been engaged in the
practice of law for at least ten years.
Ruling: No. 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 profession. Generally, to practice law 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. Interpreted in the light of the various definitions of the term Practice of law".
particularly the modern concept of law practice, and taking into consideration the liberal construction
intended by the framers of the Constitution, Atty. Monsod's past work experiences as a lawyer-
economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts,
and a lawyer-legislator of both the rich and the poor — verily more than satisfy the constitutional
requirement — that he has been engaged in the practice of law for at least ten years.