Legal Ethics class of persons who are licensed officers

of the courts, empowered to appear,

A branch of moral science, which prosecute and defend; and upon whom
treats of the duties which an Attorney peculiar duties, responsibilities, and
owes to the court, to the client, and to his liabilities are developed the law as a
colleagues and to the public as embodied consequence (Cui v. Cui, 120 Phil. 729).
in the Constitution, Rules of Court, the
Attorney in fact – an agent whose
Code of Professional Responsibility, Canons
authority is strictly limited by the
of Professional Ethics, jurisprudence,
instrument appointing him, however, he
moral laws and special laws (Agpalo).
may do things not mentioned in his
Significance of Legal Ethics appointment but are necessary to the
performance of the duties specifically
Legal Ethics will guard against the
required of him by the power of attorney
abuses and ills of the profession such as
appointing him, such authority being
dishonesty, deceit, immorality,
necessarily implied. He is not necessarily a
negligence, slothness, lack of diligence
lawyer.
and the many forms of malpractice of the
members of the bar. Counsel de Oficio – a counsel, appointed or
assigned by the court, from among
Original Bases of Legal Ethics
members of the Bar in good standing who,
1. Canons of Professional Ethics by reason of their experience and ability,
2. Supreme Court Decisions may adequately defend the accused.
3. Constitution
Attorney ad hoc – a person named and
4. Treatises and publications
appointed by the court to defend an
5. Statistics
absentee defendant in the suit in which
Present basis of the Philippine Legal the appointment is made (Bienvenu v.
System: Code of Professional Ethics Factors of Traders Insurance).

Definition of terms Attorney of Record – one who has filed a

notice of appearance and who hence is
Bar vs. Bench – refers to the whole body of formally mentioned in “court records as
attorneys and denotes the whole body of the official attorney of the party. Person
judges, counselors, collectively the whom the client has named as his agent
members of the legal profession upon whom service of papers may be made
Practice of Law – Any activity in or out of (Reynolds v. Reynolds).
court which requires the application of Lead Counsel – the counsel on their side of
law, legal principle, practice or procedure a litigated action who is charged with the
and calls for legal knowledge, training and principal management and direction of a
experience (Cayetano vs. Monsod, 201 party’s case.
SCRA 210).
House Counsel – lawyer who acts as
Attorney-at-law/Counsel-at- attorney for business though carried as an
law/Attorney/Counsel Abogado/Boceros –
employee of that business and not as an 1. He must have been admitted to the
independent lawyer. bar
a. Furnishing satisfactory proof
Bar Association – an association of
of educational, moral and
members of the legal profession
other qualification;
Admission to the Practice of Law b. Passing the bar
c. Taking the lawyer’s oath
Article 8, Sec 5(5) of the
before the SC
Constitution vests this power of control
d. Signing the Attorney’s roll
and regulation in the Supreme Court. The
and receiving from the Clerk
constitutional power to admit candidates
of Court of the SC a
to the legal profession is a judicial
certificate of the license to
function and involves the exercise of
practice
discretion (In re: Almacen 31 SCRA 562).
2. After his admission to the Bar, a
The Bar Examination Committee lawyer must remain in good and
regular standing, which is a
1. (1) Member of the Supreme Court continuing requirement for the
who acts as chairman and (8) practice of law
members of bar a. Remain a member of the IBP
2. The (8) members act as examiners b. Regularly pay all IBP
for (8) bar subjects with one subject membership dues and other
assigned to each (In re: Lanuevo, 66 lawful assessments, as well as
SCRA 254). the annual privilege tax
c. Faithfully observe the rules
and ethics of the legal
Practice of Law profession
Any activity in or out of court which d. Be continually subject to
requires the application of law, legal judicial disciplinary control
principle, practice or procedure and calls Requirements of admission to the Bar
for legal knowledge, training and
experience (Cayetano vs. Monsod, 201 1. Citizen of the Philippines
SCRA 210). 2. At least 21 years’ old
3. Of good moral character
It is a privilege granted only to 4. Resident of the Philippines
those who possess the strict intellectual 5. Production before the Supreme
and moral qualifications required of Court satisfactory evidence of:
lawyers who are instruments in the a. Good moral character
effective and efficient administration of b. No charges filed against him,
justice (In re: Argosino, 1997). involving moral turpitude
Requirements before a candidate can Academic Requirements for Candidates
engage in the practice of law
1. A bachelor’s degree in arts and
sciences (pre-law course)
 2. A complete course in: 4. Student Practice Rule – a law
a. Civil law student who has successfully
b. Commercial law rd
completed his 3 year of the regular
c. Remedial law 4-year prescribed law curriculum
d. Public international law and is enrolled in a recognized law
e. Private international law school’s clinical legal education
f. Political law program approved by the SC – may
g. Labor and social legislation appear without compensation in any
h. Medial jurisprudence civil, criminal or administrative case
i. Taxation before any trial court, tribunal,
j. Legal ethics board or officer, to represent
indigents clients accepted by the
Appearance of Non-lawyer in Court
Legal Clinic of the School (Sec. 1,
May a non-lawyer appear in court? Rule 138-A). The student shall be
under the direct supervision and
General Rule: Only those who are licensed
control of a member of the IBP duly
to practice law can appear and handle
accredited by the law school (Sec.
cases in court
2).
Exceptions: 5. Under the Labor Code – non-lawyers
may appear before the NLRC or any
1. Before the MTC – a party may Labor Arbiter if they (a) represent
conduct his case or litigation in themselves; (b) represent their
person with the aid of an agent or organization or members thereof
friend appointed by him (Sec. 34, (Art. 222, PD 442).
Rule 138) 6. A non-lawyer may represent a
2. Before any court – a party may claimant before the Cadastral Court
conduct his litigation personally. (Sec. 9, Act. No. 2259)
But he gets someone to aid him and 7. Any person appointed to appear the
that someone must be an authorized government of the Philippines in
member of the Bar (Sec. 34, Rule accordance with law (Sec. 33, Rule
138). He is bound by the same rules 138)
in conducting the trial of his case.
He cannot, after judgment, claim Rules on Public Officials Regarding
that he was not properly Practice of Law
represented.
3. In a criminal case before the MTC – Public officials who cannot practice law
in a locality where a duly licensed in the Philippines
member of the Bar is not available, 1. Judges and other officials and
the judge may appoint a non-lawyer employees of the SC (Rule 148, Sec.
who is a resident of the province, of 35, RRC)
good repute for probity and ability 2. Officials and employees of the
to accused in his defense (Sec. 7, Office of the Solicitor General
Rule 116)
 3. Government Prosecutors (People v.
Villanueva, 14 SORA 109)
4. President, Vice-President, members
of the cabinet their deputies and
assistants (Art. VI, Sec. 15, 1987
Constitution)
5. Members of the Constitutional
Commission (Art. IX-A, Sec 2, 1987
Constitution)
6. Ombudsman and his deputies (Art.
IX, Sec 8(2), 1987 Constitution)
7. All governors, city and municipal
mayors (R.A. No. 7160, Sec. 90)
8. Those prohibited by special law
Public officials with restrictions in the
practice of law
1. Senators and Members of the House
of Representatives
2. Members of the Sanggunian
3. Retired Justice or Judge
4. Civil service officers or employees
without permit from their
respective department heads
(Noriega vs. Sison, 125 SCRA 293)
Remedies Against Unauthorized Practice
(DICeD)
1. Petition for Injunction
2. Declaratory Relief
3. Contempt of Court
4. Disqualification and complaints for
disbarments
5. Criminal complaint for estafa against a
person who falsely represented to be
an attorney to the damage of a party