Ethics – the experiential manifestation of moral standards.

The observance of these

standards of conduct is both a function of personal choice and formal compulsion. A
lawyer is ideally ethical by personal choice. A code of ethics expressly adopted
represents society’s consensus and dictate to conform to a chosen norm of behavior that
sustains the community’s survival and growth. (par. 1, Preamble, CPRA)

THE PRACTICE OF LAW

Practice of Law – The practice of law is the rendition of legal service or performance of
acts or the application of law, legal principles, and judgment, in or out of court, with
regard to the circumstances or objectives of a person or a cause, and pursuant to a
lawyer-client relationship or other engagement governed by the CPRA. It includes
employment in the public service or private sector and requires membership in the
Philippine bar as a qualification. (Section. 1, CANON III)

Power to Admit to the Practice of Law – under Sec. 5, Art VIII of the 1987 Constitution,
the Supreme Court shall have the power to 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.

Who may practice law – Any person hereto admitted as a member of the bar, or
hereafter as such in accordance with the provisions of this rule, and who is in good
standing, is entitled to practice law. (Section. 1, Rule 138, RROC)

NOTE: Foreign lawyers cannot, directly or indirectly, practice law in the Philippines.
(Section 33, CANON III)

Requirements for Admission to the Bar (Rule 138 and 138-A, RROC)

For a person to be admitted to the Philippine Bar, he must be:

1. A citizen of the Philippines; (Sec. 1)

2. A resident of the Philippines; (Sec. 1)
3. At least 21 years of age; (Sec. 1)
4. A person of good moral character; (Sec. 1)
5. Without charges involving moral turpitude, filed, or pending in court; (Sec. 1)
6. Have completed of a 4-year high school course;
7. Have completed a course of study prescribed therein for a bachelor's degree in
arts or sciences in an authorized or recognized university or college;
8. Have completed all the prescribed courses in a law school or university officially
approved and recognized the Secretary of Education (or LEB);
9. Have completed the required Clinical Legal Education Program pursuant to the
Revised Law Student Practice Rule; (Rule 138-A, as amended by A.M. No. 19-03-24-SC)
10. Must have passed the Philippine bar examinations; (Sec. 9)
11. Taking of the Lawyer’s Oath before the Supreme Court; and (Sec. 17)
12. Signing of the Roll of Attorneys. (Sec. 19)
NOTE: Par. 9 of Legal Education Board (LEB) Memorandum Order No. 7-2016,
providing for the admission requirement that all college graduates or graduating
students applying for the admission to the basic law course to take and pass the
Philippine Law School Aptitude Test (PHILSAT), is rendered unconstitutional as it
violates the institutional academic freedom of law schools on how to admit prospective
students. (Pimentel v. Legal Education Board, G.R. No. 230642, 10 September 2019)

NOTE: The Clinical Legal Education Program, as defined in A.M. No. 19-03-24-SC, is
the experiential, interactive and reflective credit-earning teaching course with the
objectives of providing law students with practical knowledge, skills and values
necessary for the application of the law, delivery of legal services and promotion of
social justice and public interest, especially to the marginalized, while inculcating in the
students the values of ethical lawyering and public.

NOTE: The act of a candidate in concealing his pending criminal cases shall disqualify
him from admission to the bar. (In re: Haron S. Meling; B.M. No. 1154, 08 June 2004)

NOTE: Where it shows that the criminal complaint was filed for the principal purpose
of maliciously preventing the candidate from taking the Lawyer’s Oath and signing his
name in the Roll of Attorneys – The last two steps needed to be undertaken before
becoming a full-fledged lawyer – the Court ruled that the candidate, who in good faith,
still possesses the required qualifications and may, therefore, be allowed to take the
oath and the sign the roll. (De Zuzuarregui v. De Zuzuarregui, B.M. No. 2796, 11 February
2020)

ESTABLISHMENT OF ATTORNEY-CLIENT RELATIONSHIP

Lawyer-Client Relationship – A lawyer-client relationship is of the highest fiduciary

character. As a trust relation, it is essential that the engagement is founded on the
confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship
shall arise when the client consciously, voluntary, and in good faith vests a lawyer with
the client’s confidence for the purpose of legal advice or representation, and the lawyer
agrees to render such services. (Section 3, CANON 3, CPRA)

NOTE: The Fiduciary nature of a lawyer-client relationship means the following:

 Undivided allegiance;
 A conspicuous and high degree of good faith, disinteredness, candor, fairness,
loyalty, fidelity, and absolute integrity in all his dealings and transactions with
his clients; and
 Utter renunciation of every personal advantage conflicting in any way, directly
or indirectly, with the interest of the client.
(Daroy v. Legaspi, 65 SCRA 304 (1975); Oparel Sr. v. Abara, 40 SCRA 128 (1971);
Hernandez v. Villanueva, 40 Phil 775 (1920)
Requisites of Establishment of a Lawyer-Client Relationship (Sec. 3, CANON 3):

1. The CLIENT makes a conscious and voluntary act of contracting the services of a
LAWYER;
2. The CLIENT’s act must be done in good faith;
3. The purpose of which is for the LAWYER to provide legal services to the
CLIENT; and
4. The LAWYER agrees to render such services, whether expressly or implied.

NOTE: To constitute professional employment, it is not essential that the client

employed the attorney professionally on any previous occasion. It is not necessary that
any retainer be paid, promised, or charged. It is sufficient that the advice and assistance
of a lawyer are sought and received in any manner pertinent to his profession. (Sison v.
Atty. Dumlao, A.C. No. 11959, 28 April 2021; Tan v. Atty. Alvarico, A.C. No. 10933, 03
November 2020)

NOTE: The Supreme Court ruled the existence of a lawyer-client relationship where it
shows that the communications (i.e., text messages) between the parties do not only
appear like casual exchanges between friends about a theoretical legal issue, but also
show the lawyer’s voluntary acquiescence to representing his client in his prospective
case, or at the very least, render her legal assistance in his suit. (Supra. Sison v. Atty.
Dumlao)

NOTE: The Supreme Court ruled that the lawyer’s offer to the adverse party, in settling
the civil aspect of the case, do not amount to an existence of a lawyer-client between the
lawyer and the adverse party as the former’s offer remains to be for the best interest of
his client. (Supra. Tan v. Atty. Alvarico)

TERMINATION OF LAWYER-CLIENT RELATIONSHIP

The Code of Professional Responsibility and Accountability (CPRA) provided the

following situations where a Lawyer-Client Relationship shall be terminated, to wit:

1. Termination by Client (Sec. 54)

2. Termination by Lawyer (Sec. 53)
3. Termination by Death of either Lawyer or Client (Sec. 55)

Termination of Engagement by Client – The lawyer-client engagement may be

terminated by the client at any time upon loss of trust and confidence. (Sec. 54(par. 1),
CANON 3)

NOTE: A client may at any time dismiss his attorney or substitute another in his place,
but if a contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable causes, he (lawyer) shall be entitled to
recover from the client the full compensation stipulated in the contract. Sec. 26(par.2),
Rule 138, RROC)

Termination of Engagement by Lawyer – A lawyer shall terminate the lawyer-client

relationship:

1. In writing;
2. For good causes as provided in Sec. 55, CANON 3, to wit:
a. When the client pursues an illegal or immoral course of conduct in connection
with the agreement;
b. When the client insists that the lawyer pursue conduct that is violative of the
canons and rules;
c. When the lawyer’s inability to work with a co-counsel will not promote the best
interest of the client;
d. When the moral predisposition or the mental or physical condition of the lawyer
renders it difficult to carry out the engagement effectively;
e. When the client deliberately fails to pay the fees for the lawyer’s services, fails to
comply with the retainer agreement, or can no longer be found despite diligent
efforts;
f. When the lawyer is elected or appointed to public office; and
g. Other similar cases.

NOTE: An attorney may retire at any time from an action or special proceeding, by
written consent of his client filed in court. He may also retire at any time from an action
or special proceeding, without the consent of his client, should the court, on notice to
the client and attorney, and on hearing, determine that he ought to be allowed to retire.
(Sec. 26(par. 1), Rule 138, RROC)

NOTE: The Supreme Court ruled that a lawyer-client relationship is not terminated by
the simple turnover of the records of the case to his clients; and the lawyer may only
retire either by written consent of his client or by court permission after due notice and
hearing, in which event, the lawyer should see to it that the name of the substitute
lawyer is recorded in the case. (Venterez v. Atty. Cosme, A.C. No. 7421, 10 October 2007)

NOTE: A lawyer has no right to presume that by filing for his withdrawal, the same
shall be granted by the court. Until his withdrawal is approved, the lawyer remains
counsel of record for his client. (ibid.)

Termination of engagement upon Death of either Lawyer or Client (Sec. 55, CANON
3):

General Rule: The death of a lawyer or client shall terminate the lawyer-client
relationship.

Exception: The death of such lawyer shall not extinguish the lawyer-client engagement
between the law firm and the client handled by such law firm.
Duty of Lawyer to Notify Court of Client’s Death – Whenever a party to a pending
action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel
to inform the court within thirty (30) days after such death of the fact thereof, and to
give the name and address of his legal representative/s. Failure of counsel to comply
with this duty shall be a ground for disciplinary action. (Sec. 16(par.1), Rule 3, RROC)

NOTE: Rationale - To ensure the protection of the right to due process of every party to
the litigation who may be affected by the intervening death of the lawyer’s client. The
deceased litigant is herself or himself protected as she or he continues to be properly
represented in the suit through the duly appointed legal representative of his estate.
(Santamaria v. Atty. Tolentino, A.C. No. 12006, 29 June 2020)

NOTE: Where the lawyer was refused a copy of a death certificate and the full names
and addresses of the heirs, he shall inform the court of his client’s death and the
surrounding circumstances to prove that he faithfully and conscientiously discharged
his duties as a lawyer despite the lack of cooperation or non-cooperation of the client’s
heirs. (ibid.)
 ADMISSION TO THE JUDICIARY

Resolution No. JBC 2020-01 (The 2020 Revised Rules of the Judicial and Bar Council),
as amended by Resolution JBC 03-2021

NOTE: Pursuant to Section 8, Article VIII of the 1987 Constitution, the Judicial and Bar
Council shall have the authority to recommend appointees to the judiciary. Moreover,
they shall prepare and submit a list of nominees for the offices of the Ombudsman,
Deputy Ombudsman, Special Prosecutor, and offices of the Chairperson and regular
members of the Legal Education Board (LEB).

Qualifications:
JUDICIARY MEMBERS REQUIRMENTS
 A Natural born citizen of the Philippines;
 A member of the Philippine Bar.
SUPREME COURT  At least 40 years of age; and
 At least 15 years of experience as judge of a lower court or engaged in
the practice of law.
 Same qualifications as those prescribed for members of the Supreme
Court;
COURT OF APPEALS
 At least 10 years of experience as judge of a court of record or engaged
in the practice of law.
 Same qualifications as those prescribed for members of the Court of
COURT OF TAX APPEALS
Appeals.
 A natural born citizen of the Philippines;
 A member of the Philippine Bar;
 At least 40 years of age; and
SANDIGANBAYAN
 At least 10 years of experience as judge of a lower court or engaged in
the practice of law or have held office requiring the admission to the
bar as a pre-requisite for a like period.
 A citizen of the Philippines;
 A member of the Philippine Bar;
REGIONAL TRIAL COURT JUDGES,  At least 35 years of age;
FAMILY COURT JUDGES  At least 10 years of engagement in the practice of law or have held a
public office in the Philippines requiring admission to the practice of
law as an indispensable requisite.

NOTE: Pursuant to Sec. 1, Rule of the 2020 Revised Rules of the JBC as amended, The
JBC shall consider the following in appointing members of the Judiciary:

 Educational preparation (Sec. 2);

 Relevant Experience (Sec. 3);
 Work Performance Ratings (Sec. 4);
 Results of the comprehensive medical examinations and psychological and
psychiatric evaluations as prescribed by Rule 6;
 Performance in the written evaluative examinations and personal interviews
under Rule 7; and
 Other relevant accomplishments (Sec. 5)

NOTE: For applicants to be included in the list of nominees, they should obtain the
affirmative votes of at least 4 members of the JBC (Sec. 3, Rule 7)