considered as a quasi-officer of the court subject to
regulation. He is an inherent element in our judicial system.
LEGAL PROFESSION
Reviewer
NATURE OF LAWYER’S OATH
The lawyer’s oath is not mere facile words, drift and
hollow, but a sacred trust that must be upheld and kept
inviolable. (Sebastian vs. Calis, 1999)
It 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 made when taking the
lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M.
Cuevas, 1998).
NEW LAWYER’S OATH
I, (state your name), do solemnly swear that I accept the
honor, privilege, duty, and responsibility of practicing law
in the Philippines as an officer of the court in the interest of
our people.
I declare fealty to the Constitution of the Republic of the
Philippines.
In so doing, I shall work towards promoting the rule of law
in a regime of truth, justice, freedom, love, equality, and
peace.
I shall conscientiously and courageously work for justice as
well as safeguard the rights and meaningful freedoms of all
persons, identities, and communities. I shall ensure greater
and equitable access to justice.
I shall do no falsehood, nor shall I pervert the law to
unjustly favor or prejudice anyone.
I shall faithfully discharge these duties and responsibilities
to the best of my ability, with integrity and utmost civility.
I impose all these upon myself without mental reservation
nor purpose of evasion so help me God.
INTRODUCTION TO LEGAL PROFESSION
LEGAL PROFESSION
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.
This is the reason why the legal profession is affected with
public interest.
The necessities of civilized men, their human rights and
property rights, all the complicated relations of life, render
the legal profession honorable and essential.
In a society where everybody deserves impartial treatment
before the law, a lawyer’s services are unquestionably
indispensable. Life, liberty, and property are thus entrusted
to his hands. Courts and judges place great reliance on his
words and actions.
ATTORNEY
An attorney, who is sometimes called an advocate or
counsel, is one who aids in the administration of justice.
The term “attorney” is generally understood as having
reference to a class of persons who are by license
constituted officers of courts of justice, and who are
empowered to appear or prosecute and/or defend someone
and on whom peculiar duties, responsibilities and liabilities
are developed by law in consequence.
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
PRACTICE OF LAW
PRACTICE OF LAW
Any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and
experience.
It usually involves the carrying on of the calling of an
attorney, usually for compensation, acting in a
representative capacity and rendering service to another.
It is the rendition of service requiring the knowledge and the
application of legal principles and technique to serve the
interest of another with his consent.
NATURE OF THE LEGAL PROFESSION
The term “profession” refers to a group of men pursuing a
learned art as a common calling in the spirit of public
service.
The practice of law is a profession, a form of public trust,
the performance of which is entrusted only to those who are
qualified and who possess good moral character.
DISTINCTION BETWEEN THE LEGAL
PROFESSION AND BUSINESS
A 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. Since it is not a
business, adequate compensation for every service rendered
should not be the primordial concern of every lawyer, but
rather it should be the spirit of public service and the
administration of justice. Remember that the law profession
is a branch of the administration of justice and not a mere
money making trade.
ADMISSION TO PRACTICE OF LAW
I. SUPERVISION AND CONTROL
Article VIII, 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.
Pimentel v. Executive Secretary
The Court's exclusive rule-making power covers the
practice of law and not the study of law.
Legal education or the study of law is not the practice of
law, the former being merely preparatory to the latter.
The definition of the practice of law, no matter how broad,
cannot be further enlarged as to cover the study of law.
II. INTEGRATION OF THE BAR
In the matter of IBP (1973)
According to the Commission on Bar Integration,
Integration of the Philippine Bar means the official
unification of the entire lawyer of the population of the
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Philippines. This requires membership and financial support
(in reasonable amount) of every attorney as conditions sine
qua non to the practice of law and the retention of his name
in the Roll of Attorneys of the Supreme Court.
The term “Bar” refers to the collectivity of all persons
whose names appear in the Roll of Attorneys. An Integrated
Bar perforce must include all lawyers.
The Court may integrate the Philippine Bar in the exercise
of its power, under Article VIII, Section 5 (5) of the
Constitution, “to promulgate rules concerning pleading,
practice, and procedure in all courts, and the admission to
the practice of law.” The power to integrate is an inherent
part of the Court’s constitutional authority over the Bar.
The Court is fully convinced that the integration of the
Philippine Bar is “perfectly constitutional and legally
unobjectionable,” within the context of contemporary
conditions in the Philippines. It has become an imperative
means to raise the standards of the legal profession,
improve the administration of justice, and enable the Bar to
discharge its public responsibility fully and effectively.
QUALIFICATIONS TO TAKE THE BAR EXAM
1. A Filipino citizen
2. At least twenty-one years of age
3. A resident of the Philippines
4. Successfully completed all prescribed courses
5. Satisfactory evidence of good moral character
6. No charges involving moral turpitude have been
filed or are pending in any court of the Philippines
QUALIFICATIONS FOR ADMISSION TO THE BAR
1. Passed the Bar exams
2. Taken the lawyer’s oath before the Supreme Court
en banc
3. Signed in the Roll of Attorneys
4. Received a certificate of license to practice law
from the Supreme Court
5. Furnished satisfactory proof of educational, moral,
and other qualifications
WHO MAY PRACTICE LAW?
1. Any person who has been duly admitted as a
member of the bar; and
2. Who is in good and regular standing
Good Moral Character
● Compliance to the Mandatory ContinuinG
Legal Education
● No pending case involving moral turpitude
● He must remain a member of the Integrated
Bar of the Philippines
● Observe the ethical standards of the
profession; and
● Pay his membership dues or other
assessments or duties
Moral Turpitude
It means anything which is done contrary to justice,
honesty, modesty or good morals.
It involves fraud and deceit which are contrary to rules of
right conduct.
Lawyers who are convicted of acts involving moral
turpitude are either suspended from the practice of law or
disbarred (ordered stricken from the roll of attorneys).
PRACTICE OF LAW BY NON-LAWYERS
The following are allowed limited representation on behalf
of another:
1. A party may conduct his litigation personally or
with the aid of a friend or agent appointed by him
for that purpose. In case of the latter, such is
allowed only if representation is made before the
Municipal Trial Court. But the agent or friend may
not hold himself out as habitually engaged in
representing a party for that will constitute
unauthorized practice of law. Moreover, in criminal
cases, if a party cannot afford the services of a
counsel de parte, he shall be provided a counsel de
officio.
2. In localities where a duly licensed member of the
bar is not available, the Municipal Trial Court
hearing a criminal case may, in its discretion, admit
or assign a person (who is not a member of the bar),
resident of the province and of good refute for
probity and ability, to aid the defendant in his
defense.
3. Under the Labor Code, a union representative may
appear for his organization or any of its members
before the National Labor Relations Commission,
labor arbiter or arbitrator.
4. A person representing a land claimant in cadastral
court.
5. In case of law student practice as permitted by the
rules (Rule 138-A, Revised Rules of Court).
6. In case of those authorized to represent the
government.
PUBLIC OFFICIALS AND PRACTICE OF LAW
I. PUBLIC OFFICIALS WHO CANNOT
PRACTICE LAW
1. Judges and other officials or employees of the court
2. Officials and employees of the Office of the
Solicitor General
3. Government prosecutors
4. President, Vice-President, members of the cabinet,
their deputies and assistants
5. Members of the Constitutional Commission.
6. Ombudsman and his deputies
7. All governors, city and municipal mayors
8. Those who by special law are prohibited from
engaging in the practice of their profession
II. PUBLIC OFFICIALS WITH RESTRICTIONS
IN THE PRACTICE OF LAW
1. No Senator as member of the House of
Representative may personally appear as counsel
before any court of justice as before the Electoral
Tribunals, as quasi-judicial and other administration
bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec.
91)Sanggunian members may practice their
professions provided that if they are members of the
Bar, they shall not:
● 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;
● 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;
● collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official;
● use property and personnel of the
government except when the Sanggunian
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 member concerned is defending the interest
of the government.
3. Under RA 910, Sec. 1, as amended, a retired justice
or judge receiving pension from the government,
cannot act as counsel in any civil case in which the
Government, or any of its subdivision or agencies is
the adverse party or in a criminal case wherein an
officer or employee of the Government is accused
of an offense in relation to his office.
PROCEEDINGS WHERE LAWYERS ARE
PROHIBITED FROM APPEARING
Small Claims Cases
Rules of Procedure for Small Claims Cases, A.M. No.
08-8-7, Section 17. Appearance of Attorneys Not Allowed.
– No attorney shall appear on behalf of or represent a party
at the hearing, unless the attorney is the plaintiff or
defendant.
Katarungang Pambarangay
Republic Act No. 7160, Section 415.
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.
SANCTIONS FOR PERSONS NOT LAWYERS AND
LAWYERS WITHOUT AUTHORITY
1) Lawyers without authority
2) Persons not lawyers
Shari’a Bar passers are not full-pledged Philippine Bar
members so they may only practice before Shari’a courts.
Both are counselors, but only the latter is an “attorney.”
(Alawi v. Alauya, 1997)
Remedies against unauthorized practice
1) Petition for Injunction
2) Declaratory Relief
3) Contempt of Court
4) Disqualification and complaints for disbarment
5) Criminal complaint for estafa against the person
who falsely represented himself as a lawyer to the
damage of another
CLINICAL LEGAL EDUCATION PROGRAM
The Clinical Legal Education Program aims to guide
students in practicing law and give the marginalized
Filipino communities easy access to free legal assistance.
Truly learning while serving, CLEP enhances learning
opportunities of law students by inculcating in them the
value of legal professional social responsibility, and
prepares law students for the practice of law.
CERTIFICATE LEVEL 1
For law students who have successfully completed their
first-year law courses
● Interview prospective clients
● Give legal advice to the client
● Draft legal documents
● Represent eligible parties before quasi-judicial or
administrative bodies
● Provide public legal orientation
● Assist in public interest advocacies for policy
formulation and implementation
CERTIFICATE LEVEL 2
For law students currently enrolled for the second semester
of their third-year law courses/for incoming fourth year law
students.
● Perform all activities under Level 1 certification
● Assist in the taking of depositions and/or preparing
judicial affidavits of witnesses
● Appear on behalf of the client at any stage of the
proceeding or trial before any court, quasi-judicial
or administrative body
● In criminal cases, subject to the provisions of
Section 5, Rule 110 of the Rules of Court, to appear
on behalf of a government agency in the
prosecution of criminal cases
● In appealed cases, to prepare the pleadings required
in the case
LAW STUDENT’S PRACTICE RULE
Under Rule 138-A, a law student who has successfully
completed his 3rd year of the regular four-year prescribed
law curriculum and is enrolled in a recognized law school’s
clinical legal education program approved by the Supreme
Court, may 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 law school.
Further, the appearance of the law student under the rule
shall be under the direct control and supervision of a
member of the Integrated Bar of the Philippines duly
accredited by the law school. Any and all pleadings,
motions, briefs, memoranda or other papers to be filed, must
be signed by the supervising attorney for and on behalf of
the legal clinic.
Based on the foregoing, for a law student to avail of the
rules in order to practice law, he must first satisfy all the
requirements, as follows:
DUTIES AND PRIVILEGES OF A LAWYER
PRIVILEGES OF AN ATTORNEY
In general, an attorney enjoys the following privileges:
1. He has both the right and privilege to practice law
during good behavior before any judicial, quasi-
judicial or administrative tribunal;
2. He enjoys the presumption of regularity in the
discharge of his functions;
3. He enjoys immunity from liability to third person,
in the performance of his obligation to his client,
insofar as he does not materially depart from his
character as a quasi-judicial officer;
4. His statements, if relevant, pertinent or material to
the subject of judicial inquiry are absolutely
privileged;
5. He has the right to protest, in a respectful manner,
any unwarranted treatment of a witness or any
unjustified delay in the administration of justice;
and
6. Passing the bar is equivalent to a first grade civil
service eligibility for any position in the classified
service in the government the duties of which
require knowledge of law, or a second degree grade
civil service eligibility for any other government
position.
FOUR-FOLD DUTIES OF A LAWYER
The duties of a lawyer may be classified into four (4)
categories, namely:
1. His duties towards the courts
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It is the duty of the lawyer to maintain respect towards the
courts, not for the sake of the temporary incumbent of the
judicial office, but for the maintenance of its supreme
importance.
2. His duties towards the society
A lawyer has a more dynamic and positive role in the
community than merely complying with the minimal
technicalities of the statute. As a man of law, he is
necessarily a leader of the community, looked up to as a
model citizen. His conduct must be par excellence
especially so when he volunteers his professional services.
3. His duties towards his colleagues in the
profession
He has the duty to his brothers and sisters to utilize peaceful
and legal means in seeking justice and refrain from doing
intentional wrong to their opponents.
He should discourage individuals, particularly those in
public office from disregarding the supremacy of the law
and respect for the rights of citizens.
The first and foremost duty of a lawyer is to advocate for
the proper administration of justice as the society has
delegated to the legal profession the administration of
justice. Hence, lawyers are expected to be at the forefront in
the observance and maintenance of the rule of law and the
preservation of its democratic institution and liberties. For
this reason, his duty includes perpetual allegiance to the
Republic of the Philippines, uphold its constitution and
obey the laws of the land.
As a scholar of the law, he should set an example for the
common good. He should not engage in unlawful,
dishonest, immoral or deceitful conduct otherwise, he
makes himself unfit to remain a member of the bar.
4. His duties to his client.
The duty of a lawyer towards his client is invested with
public interest in view of the nature of the relationship
which is strictly personal and highly confidential.
The relationship between an attorney and client is
considered as personal, fiduciary and confidential. By virtue
thereof, a lawyer owes fidelity to the cause of his client and
he shall be mindful of the trust and confidence reposed in
him.
DUTIES OF ATTORNEYS
Under Section 20 of Rule 138, the following are the duties
of a lawyer:
1. To maintain allegiance to the Republic of the
Philippines and to support the Constitution and
obey the laws of the Philippines.
2. To observe and maintain the respect due to the
courts of justice and judicial officers.
3. To counsel and 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
effort to himself, to preserve the secrets of his
client, and to accept no compensation in connection
with his client’s business except from him or 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
justice of the cause with which he is charged.
7. Not to encourage either the commencement of 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.
9. In the defense of a person accused of a crime, by all
fair and reasonable 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 his life or
liberty, but by due process of law.
I. DUTY OF COUNSEL DE OFICIO
A counsel de officio is the counsel appointed by the court to
represent and defend the accused in case he cannot afford to
employ one himself.
To defend an indigent defendant in a criminal action and to
represent a destitute party.
II. DUTY OF COUNSEL DE PARTE
An attorney retained by a party litigant, usually for a fee, to
prosecute or defend his cause in court.
Implies freedom of choice either on the attorney or the
litigant.
III. DUTY OF A PRIVATE PROSECUTOR
Section 5, Rule 110 of the Revised Rules on Criminal
Procedure, as amended by the Supreme Court Resolution
dated 10 April 2002 in A.M. No. 02-2-07-SC :
"Section 5. Who must prosecute criminal actions. — All
criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work
schedule of the public prosecutor, or in the event of lack
of public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution
Office or the Regional State Prosecutor to prosecute the
case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to the
end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise
withdrawn. However, in Municipal Trial Courts or
Municipal Circuit Trial Courts when the prosecutor
assigned thereto or to the case is not available, the offended
party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case.
This authority shall cease upon actual intervention of the
prosecutor or upon elevation of the case to the Regional
Trial Court.
xxx xxx xxx"
CODE OF PROFESSIONAL RESPONSIBILITY AND
ACCOUNTABILITY
A.M. No. 22-09-01-SC - April 11, 2023
PREAMBLE
Ethics is 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
4
dictate to conform to a chosen norm of behavior that
sustains the community’s survival and growth.
The Code of Professional Responsibility and
Accountability, as an institutional imperative, is meant to
foster an environment where ethical conduct performs a
dedicated role in the administration of justice. In particular,
the standards embodied in the Code of Professional
Responsibility and Accountability uniquely address the
characteristics of the Filipino lawyer as an amalgamation of
influences and moorings, i.e., familial, cultural, religious,
academic, political, and philosophical. Inherently a social
being, the Filipino lawyer inevitably develops and cultivates
relations, preferences and biases. The conscious adoption of
ethical standards that accounts for such relationships and
personal choices balanced against the demands of right and
justice is envisioned to govern and regulate these personal
choices and make them consistent with the institutional
objectives.
The existence of a free and an independent society depends
upon the recognition of the concept that justice is based on
the rule of law.
As a guardian of the rule of law, every lawyer, as a citizen,
owes allegiance to the Constitution and the laws of the land;
as a member of the legal profession, is bound by its ethical
standards in both private and professional matters; as an
officer of the court, assists in the administration of justice;
and as a client’s representative, acts responsibly upon a
fiduciary trust.
An ethical lawyer is a lawyer possessed of integrity.
Integrity is the sum total of all the ethical values that
every lawyer must embody and exhibit. A lawyer with
integrity, therefore, acts with independence, propriety,
fidelity, competence and diligence, equality and
accountability.
Failure to abide by the Code results in sanctions.
CANON 1. INDEPENDENCE
The independence of a lawyer in the discharge of
professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect,
ensures effective legal representation and is ultimately
imperative for the rule of law.
CANON II. PROPRIETY
A lawyer shall, at all times, act with propriety and maintain
the appearance of propriety in personal and professional
dealings, observe honesty, respect and courtesy, and uphold
the dignity of the legal profession consistent with the
highest standards of ethical behavior.
RESPONSIBLE USE OF SOCIAL MEDIA
A lawyer shall uphold the dignity of the legal
profession in all social media interactions in a
manner that enhances the people’s confidence in the
legal system, as well as promote its responsible use.
CANON III. FIDELITY
Fidelity pertains to a lawyer’s duty to uphold the
Constitution and the laws of the land, to assist in the
administration of justice as an officer of the court, and to
advance or defend a client’s cause, with full devotion,
genuine interest, and zeal in the pursuit of truth and justice.
CANON IV. COMPETENCE AND DILIGENCE
A lawyer professionally handling a client’s cause shall, to
the best of his or her ability, observe competence, diligence,
commitment, and skill consistent with the fiduciary nature
of the lawyer-client relationship, regardless of the nature of
the legal matter or issues involved, and whether for a fee or
pro bono.
CANON V. EQUALITY
Every lawyer shall adhere to the principle of equality and
hold firmly the belief that every person, regardless of
nationality or ethnicity, color, sexual orientation or gender
identity, religion, disability, age, marital status, social or
economic status, and other like circumstances, has the
fundamental right to equal treatment and representation.
As such, the lawyer shall accord equal respect, attention,
dedication and zeal in advancing the client’s cause,
regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client,
except for justifiable reasons.
CANON VI. ACCOUNTABILITY
By taking the Lawyer’s Oath, a lawyer becomes a guardian
of the law and an administrator of justice. As such, the
lawyer shall observe the highest degree of morality, adhere
to rigid standards of mental fitness, and faithfully comply
with the rules of the legal profession.
Failure to honor this covenant makes the lawyer unfit to
continue in the practice of law and accountable to society,
the courts, the legal profession, and the client.
BASIC RULES ON NOTARIAL PRACTICE
NOTARIAL ACT OF 2004, A.M. No. 02-8-13-SC
DISCIPLINARY PROCEEDINGS
NATURE AND CHARACTERISTICS
The Supreme Court is expressly vested with the power to
suspend and/or disbar a lawyer. Even in the absence of such
constitutional grant of power, it is quite clear and logical
that it is possessed with such power because it has the
authority to admit persons to the practice of law. Other
lower courts, like the Court of Appeals and the Regional
Trial Courts may suspend but not disbar lawyers from
practicing their profession and any suspension decreed by
these courts may be revoked, extended or modified by the
Supreme Court.
SUSPENSION, DISBARMENT
Disbarment is the act of the court in withdrawing from an
attorney the right to practice law. It is an administrative
proceeding instituted to revoked the license of the lawyer to
practice his profession by reason of misconduct.
Suspension is the act of the court prohibiting an attorney
from practicing law for a certain period. Further, it is
intended to protect the court and the public from the
misconduct of officers of the court and to protect the
administration of justice by requiring that those who
exercise this important function shall be competent,
honorable and reliable men in whom courts and clients may
repose confidence. It is sometimes referred to as
disqualified disbarment because the lawyer is temporarily
deprived of his right to practice his profession.
5

Two Primary Objectives of Disbarment and Suspension
1. To compel the attorney to deal fairly and honestly
with his clients; and
2. To remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to the
office of an attorney.
Common Grounds for Disbarment or Suspension
1. Deceit
2. Malpractice or other gross misconduct in office
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude
5. Violation of oath of office
6. Willful disobedience of any lawful order of any
superior court
7. Corrupt or willful appearance as an attorney for a
party to a case without authority to do so.
In a recent case, it was held that acquittal in a criminal case
is not a bar to disciplinary proceedings against a member of
the bar. Likewise, pardon by the offended party will not
automatically result in the dismissal of the disbarment case
against the respondent.
As a rule, respondent in disbarment or suspension
proceedings enjoys the legal presumption that he is innocent
of the charges until the contrary is proved, as an officer of
the court, he has performed his duties in accordance with
his oath. Thus, in every case, the burden of proof lies with
the complainant to show that the respondent is guilty of the
acts charged.
Following the principles of fair play, any respondent-lawyer
is given a fair chance to defend himself from accusations.
Not all accusations are true. So it is likewise mandated that,
no attorney shall be removed or suspended from the practice
of his profession, until he has had full opportunity upon
reasonable notice to answer the charges against him, to
produce witnesses on his own behalf, and to be heard by
himself or counsel. But if upon reasonable notice he fails to
appear and answer the accusation, the court may proceed to
determine the matter ex parte.
The notice to an attorney to appear and show cause why he
should not be punished for contempt, can not be considered
as a notice to show cause why he should not be suspended
from practice. A lawyer has the right, after due notice, to be
heard and defend himself in suspension proceedings.
In disbarment proceedings, the defendant should be allowed
a reasonable time to make his defense. In ordinary trials, the
inability to procure witnesses after the exercise of due
diligence, is ground for postponement, and such cases are of
no greater importance than a disbarment proceeding to an
attorney.
A citizen has sufficient interest to institute a proceeding and
bring the unprofessional conduct of an attorney to the
attention of the proper authorities. Carelessness and neglect
of professional duty, and fraud and misconduct towards his
clients, are grounds for suspension of a member of the bar.
However, disciplinary proceedings against members of the
bar must be grounded on violation of their oath or the
canons of the profession and not for merely losing a case. It
would place an intolerable burden on a member of the bar
if, just because a client failed to obtain what is sought by
her after due exertion of the required effort on his part, he
would be held accountable. Success in litigation is certainly
now the test of whether or not a lawyer has lived up to his
duties to a client.
Time and again, it has been finely held that a member of the
bar cannot be subjected to the peril of disbarment simply
because of a decision adverse to his client. The serious
consequence of disbarment or suspension should follow
only where there is a clear preponderance of evidence
showing the basis thereof. It would be to place an
intolerable burden on a member of the bar if just because a
client failed to obtain what is sought by her after due
exertion of the required effort on his part, he would be held
accountable. Success in litigation is certainly not the test of
whether or not a lawyer had lived up to his duties to a client.
It is enough that with the thorough preparation of the case
handled by him he had taken all the steps to prosecute his
suit.
Disciplinary proceedings against lawyers shall be private
and confidential in nature except that the final order of the
court shall be made public as in other cases coming before
the court.
The disbarment of an attorney is not necessarily a
permanent disability. He may afterwards be reinstated on
proper application or on petition for that purpose, addressed
to the Court, usually by a motion or petition showing that he
has reformed himself. Whether or not the applicant shall be
reinstated rests to a great extent on the sound discretion of
the Court.
READMISSION TO THE BAR
The Supreme Court may reinstate an attorney at law who
has been disbarred for reasons and upon assurances
satisfactory to the court. To reinstate a disbarred attorney
means to reinvest him with the right to practice law. It is,
however, not a surrender of the court’s power to discipline
such an attorney on becoming false to his duties. It is not a
revocation of the order of disbarment, nor does it relate
back in point of time to the disbarment.
A person who has been reinstated to the practice of law has
the same rights and privileges, and is subject to the same
obligations and liabilities as a person duly admitted to the
bar.
MANDATORY CONTINUING LEGAL EDUCATION
(Bar Matter 850)
PURPOSE
Rule 1, Section 1. Continuing legal education is required of
members of the Integrated Bar of the Philippines (IBP) to
ensure that throughout their career, they keep abreast with
law and jurisprudence, maintain the ethics of the profession
and enhance the standards of the practice of law.
REQUIREMENTS OF COMPLETION
Rule 2, Section 2. Members of the IBP not exempt under
Rule 7 shall complete every three (3) years at least thirty-six
(36) hours of continuing legal education activities approved
by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal ethics
equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and
pre-trial skills equivalent to four (4) credit units.
(c) At least five (5) shall be devoted to alternative
dispute resolution equivalent to five (5) credit units.
(d) At least nine (9) hours shall be devoted to updates
on substantive and procedural laws, and
jurisprudence equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy equivalent to four (4)
credit units.
(f) At least two (2) hours shall be devoted to
international law and international conventions
equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to
such subjects as may be prescribed by the MCLE
Committee equivalent to six (6) credit units.
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PARTIES EXEMPTED FROM MCLE
Rule 7, Section 1. The following members of the Bar are
exempt from the MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executive Departments:
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justice of the
Supreme Court, incumbent and retired members of
the Judicial and Bar Council and incumbent court
lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor
and Assistant Secretaries of the Department of
Justice;
(e) The Solicitor General and the Assistant Solicitors
General;
(f) The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional
Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsman and the Special Prosecutor
of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-
judicial functions;
(j) Incumbent deans, bar reviewers and professors of
law who have teaching experience for at least ten
(10) years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial Lecturers
of the Philippine Judicial Academy; and
(l) Governors and Mayors.
Rule 7, Section 2. The following Members of the Bar are
likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the
approval of the IBP Board of Governors.
Rule 7, Section 3. Good cause for exemption from or
modification of requirement - A member may file a verified
request setting forth good cause for exemption (such as
physical disability, illness, post graduate study abroad,
proven expertise in law, etc.) from compliance with or
modification of any of the requirements, including an
extension of time for compliance, in accordance with a
procedure to be established by the MCLE Committee.
Rule 7, Section 4. Change of status. – The compliance
period shall begin on the first day of the month in which a
member ceases to be exempt under Sections 1, 2, or 3 of
this Rule and shall end on the same day as that of all other
members in the same Compliance Group.
Rule 7, Section 5. Proof of exemption. – Applications for
exemption from or modification of the MCLE requirement
shall be under oath and supported by documents.
CAREER OPTIONS
PUBLIC SERVICE
Joining the government for a new lawyer, like all other
choices, has its own advantages and disadvantages. Lawyers
in the government enjoy the first grade civil service
eligibility. It is also a step for career advancement,
especially those who were already in the service before
taking the bar. In fact, the majority of those who were
already in the service before taking law, have decided to
take up the course in order to be entitled to higher positions
and salaries.
One disadvantage of being in the government service is the
relatively low compensation package it offers compared to
salaries and perks given by big companies.
PRIVATE PRACTICE
Solo Private Practice
Unless he has an adequate exposure in the field of trial
practice either as a legal assistant in a law firm or a court
employee, a new lawyer often faces difficulty in going into
solo practice. With a very limited clientele and unstable
income to rely on during the initial years of his practice, a
solo-practitioner who practically starts with nothing will be
unable to meet the high cost of necessary expenses like
rentals, supplies, equipment, and other overhead expenses.
Joining as an associate/assistant in a law firm
Putting up a law partnership
It is not advisable for a young lawyer to put a law
partnership although this may offer better opportunities.
This is usually done by classmates or by friends-lawyers
who are well-off or financially capable to maintain a law
office.
Joining a corporate law department
Joining a corporate law department offers more pecuniary
benefits than other options. Aside from an offer of a higher
salary, corporations likewise give generous benefits or other
compensation packages not usually given by private law
firms. This may sometimes create a dilemma for a lawyer to
leave a corporate job and go into a private law practice for
fear of losing higher-paying jobs.
There are other companies who allow their lawyers to
engage in private practice during off-hours while others do
not. The demands of their jobs and lack of clientele,
however, may discourage them to engage in private practice
even if permitted.
Filipino Graduates of Foreign Schools
July 23, 2019 A.M. No. 19-03-24-SC Amendment of Rule
138 Section 5 in Relation to the Revision of Rule 138-A of
the Rules of Court (Revision).
”A Filipino citizen who graduated from a foreign law
school shall be admitted to the bar examination only upon
submission to the Supreme Court certifications showing:
(a) completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree;
(b) recognition or accreditation of the law school by the
proper authority; and
(c) completion of all the fourth year subjects in the
Bachelor of Laws academic program in a law
school duly recognized by the Philippine
Government.”