LEGAL ETHICS PRELIMINARY Legal Ethics, Meaning.—It is the branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profes- sion and to the public (Malcolm, Legal and Judicial Ethics, 8 [1949]) as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Profes- sional Ethics, jurisprudence, moral law and special laws. Legal Ethics, A Prescribed Subject.—Legal Ethics is a prescribed subject in all law schools. It provides the needed moral foundation in the study of law intended to guide the student throughout his life. It has been one of the subjects in Bar Examinations in the Philippines since 1918. Significance Of Legal Ethics. —The practice of law which covers a wide range of activities characteristic of the legal profession, including the pursuit and defense of clients’ rights and interests before the courts, will be transgressive, anarchic, riotous, lawbreaking, defiant and disobedient to courts—if there are no sets of governing Tules to limit the parameters and tame the exercise of the profession. Legal Ethics will guard against the abuses and ills of the profession such aS dishonesty, decéit, immorality, negligence, slothness, lack of diligence and the many2 LecaL Erics forms of malpractice of the members of the Bar. On the positive side, it will raise the standard of the legal profes. sion, encourage and enhance the respect for the law, assure an effective and efficient administration of justice, assist in the keeping and maintenance of law and order in coordination with the other Departments of the Govern- ment. It also provides the basis for the weeding out of the unfit and the misfit in the legal profession for the protec- tion of the public. Original Bases Of Legal Ethics.—Legal Ethics in the Philippines is originally based and rooted in the following 1. Canons of Professional Ethics. The Canons were framed by the American Bar Association in 1908. The same were adopted in the Philippines in 1917 by the Philippine Bar when the country was still a colony of the United States. The Canons were subsequently revised. The revised Canons were adopted in the Philippines in 1946 2. Supreme Court Decisions. Many of our rules on ethics were drawn from decisions of our Supreme Court and the Supreme Court of the United States which have relevance and bearing to the practice of law in the country. 3. Statutes. Some laws provide for sources of legal ethics like the Civil Code (Art. 1491 [5], Art. 2208), the Revised Penal Code (Art. 209) and many special laws. 4. Constitution. The Constitution bestowed on the Supreme Court the prerogative to promulgate rules on the admission to the Bar, the integration of the bar! and legal sistance to the underprivileged 5 (5) 1987 Constitution). “pried (Ar. VIL Section 5 | 5. | Treatises and Publications, Works on the subject of well-known autho1 5 as standards cutters have been used and cited by courts Practice of aw HReS On the right conduct in the the nant Basis Of Philippine Legal Ethics —T0d2’: oe main basis of our legal ethics is the Code of Profes” ‘The “¢ Provisions were based on the 1973 ConstitutionPRELIMINARY 3 sional Responsibility. It is the embodiment into one Code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers sourced from the Constitution, Rules of Court, Canons of Profes- sional Ethics, statutes, special laws, treatises and deci- sions which must be observed by all members of the Bar in the exercise of their profession whether in or out of court as well as in their public and private lives. The Code of Professional Responsibility was initially drafted in 1980 by the IBP Committee On Responsibility, Disciplinesand Disbarment and was submitted to the Supreme Court for approval. It took the Supreme Court more than seven years to decide on its formal promulgation as a code of ‘conduct for members of the Bar. The Code of Professional Responsibility was finally promulgated by the Supreme Court on June 21, 1988. The Code is a judicial command, not a suggestion, promul- gated as it is by no less than the Highest Court of the land which has supremacy of supervision over all members of the Bar. Importance Of The New Code.—The Code has pro- vided the legal profession an impression of identity and sense of independence attuned to the local traditions, practices and customs in the country. This sense of iden- tity and independence ‘has given the Filipino lawyer the feeling of pride and emancipation from foreign Canons. There seems to be nothing more which is not covered by the Code of Professional Responsibility compared to the American Canons of Professional Ethics which have for many years (starting in 1917) nurtured the code of ethics for the Filipino lawyers. As the years go onward, the Integrated Bar of the Philippines and the Supreme Court may find reasons and time to improve the Code of Professional Responsibility to better enhance and strengthen the ethics of the legal Profession.e LecaL Emmics Definitions Of Terms Commonly Used In Legal Ethics to the whole body of at. Bar and Bench. Bar refers torneys and counsellors; collectively, the members of the legal profession; they are figuratively called the “bar” to distinguish them from the “bench,” which terms denote the whole body of judges (See Black's Law Dictionary, Sixth Edition, p. 148) Bar refers to the “collectivity of persons whose names appear in the Roll of Attorneys (Garcia vs. De Vera, 418 SCRA 27) In the Philippines, it is kown as the Integrated Bar of the Philippines where membership is mandatory. Bar Admission. Act by which one is licensed to prac- tice before courts of a particular state or jurisdiction after Satisfying certain requirements such as bar examinations, Period of residency or admission on grounds of reciprocity fears as member of bar of another jurisdic- tion (Black’s Law Dictionary, Sixth Editioy n, p. 149). ____ Lawyer. This is the general term for a person trained in the law and authorized to advise or represent others in legal matters, A lawyer is a person licensed to pra . ctice law (Black's law Dictionary, 6th Ed., p. agg) Practice law ( in aoe Lawyer. A lawyer who Personally handles cases » administrative agencies or boards which means engaging in actual trial work either { for the defense of ° r the prosecution or f cases of clients, Practisi, law. “Practice Sia Sr. One engaged in the practice of the means any activity, in or out of court: Knowledge. treint i application of jaw, legal procedure. Practice of law is to ind experience, ‘To engage in the teristics of the rofe Perform those acts which are charac” Bive notice or faa ae Generally, to practice law is t Service requires the wae ci of service, which device oF skal” (Cayetano vs. Monsod, 204 a teeal knowledge . 10).PRELIMINARY 5 (Note: All trial lawyers are practising lawyers, but not all practising lawyers are trial lawyers) Client. One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. Attorneys-at-Law. That class of persons who are by license, 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 (Cui vs. Cui, 120 Phil. 729). An attorney-at-law is a person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. (Black's Law Dictionary, Sixth Edition, p. 128). (Note: Attorney-at-law is synonymous with counsel- lor-at-law, lawyer, attorney, counsel, “abogado” and “bo- ceros”). Alawi vs. Alauya 268 SCRA 639 Facts: Alauya is the incumbent executive clerk of court of the 4th Judicial Shari'a District in Marawi City. A complaint was filed against him by Sophia Alawi with the Supreme Court seeking his dismissal from the service. Alawi's complaint is anchored on Alauya's “malicious and libelous charges” resulting in undue injury to her honor and reputation, contained in letters sent to E.B. Villarosa and Company and Home Mortgage Finance Corporation. In his letter to the Asst. Clerk of Court, Atty. Marasigan, Alauya signed his name with the prefix “Atty.” Issue: As an officer of the Shari'a court, is Alauya entitled to use the title “Attorney”? Held: As regards Alauya’s use of the title of “At- torney,” this Court had already the occasion to dec-LecaL EtHIcs lare that persons who pass the Shari'a Barare not full-fledged members of the Philippine Bar, hence may only practice law before Shari'a courts. While one who has been admitted to the Shari'a Bar, and one who has been admitted to the Philippine Bar, may both be considered “counsellors,” in the sense that they give counsel or advice in a professional ca- pacity, only the latter is an “attorney.” The title of “at- torney” is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only who are authorized to practice law in this jurisdic- tion. ‘Alauya says he does not wish to use the title, “counsellor” or “counsellor-at-law,” because in his re- gion, there are pejorative connotations to the term, or it is confusingly similar to that given to local legisla- tors. The ratiocination, valid or not, is of no moment. His disinclination to use the title of “counsellor” does not warrant his use of the title of attorney. In re: Garcia 2 SCRA 985 Facts: A Filipino citizen who had finished the law course in Spain and thereafter allowed to practice the profession in said country, filed a petition to prac- tice law in the Philippines without passing the re- quired bar examinations provided for in Section 1 of Rule 127 of the Rules of Court. Issue: Can Arturo E. Garcia be admitted to practice law in the Philippines without passing the ar? Held: After due considerations, the Court re- solved to deny the petition on the following grounds: (1) The provisions of the Treaty on Academic Degrees and the Exercise of Professions between the Republic of the Philippines and the Spanish State can not be invoked by applicant. Under Article 11 thereof:PRELIMINARY, “The Nationals of each of the two countries who shall have obtained recogni- tion of the validity of their academic de- grees by virtue of the stipulations of this Treaty, can practice their professions within the territory of the Other, xxx.” (Italics supplied). from which it could clearly be discerned that said ‘Treaty was intended to govern Filipino citizens desir- ing to practice their profession in Spain, and the citi- zens of Spain desiring to practice their professions in the Philippines. Applicant is a Filipino citizen desiring to practice the legal profession in the Philippines. He is therefore subject to the laws of his own country and is not entitled to the privileges extended to Span- ish nationals desiring to practice in the Philippines. (2) Article I of the Treaty, in its pertinent part, provides: “The nationals of both countries who shall have obtained degrees or diplomas to practice the liberal professions in either of the Contracting States, issued by compe- tent national authorities, shall be deemed competent to exercise said professions in the territory of the Other, subject to the laws and regulations of the latter. x x x” It is clear, therefore, that the privileges provided in the Treaty invoked by the applicant are made ex- Pressly subject to the laws and regulations of the con- tracting State in whose territory it is desired to exer- cise the legal profession; and Section 1 of Rule 127, in connection with Sections 2, 9, and 16 thereof, which have the force of law, require that before any- one can practice the legal profession in the Philip- pines he must first successfully pass the required bar examinations; and (3) The aforementioned Treaty, concluded bet- ween the Republic of the Philippines and the Spanish State could not have been intended to modify the laws and regulations governing admission to the8 Lecat Enics practice of law in the Philippines, for the reason that the Executive Department may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules for admission to the practice of law in the Philippines. xxx (See: Sec. 5, Art. VIII, 1987 Phil. Constitution for the present provision). Attorney-in-Fact. An attorney-in-fact is simply an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied (Philippine Legal Encyclopedia, p. 66). His authority is Provided in a special power of attorney or general power of attorney or letter of attorney. An attorney-in-fact is not necessarily a lawyer. A counsel de oficio need not be a lawyer. In localities where members of the bar are not available, the court may appoint any person, resident of t! rPute for probity and ability, to di 7, Rule 116, Rules of Court [1985)) » a counsel de oficio is a lawyer or attorney appointed ae 7 acu to represent a Party, usually an indigent = in. criminal case (People vs. Daban, 43 SCRA Attorney Ad Hoc. 4 Person named and appointed by id an absentee defendant in the suit in ment is made (Bi “5 & Co., 83 La Aaa Soa vs. Factor's court to defen: which the appoint Traders InsurancePRELIMINARY 9 as his agent upon whom service of papers may be made (Reynolds vs. Reynolds, 21 Cal. 2d 580, 134 P.2d 251, 254) An attorney of record is one who has filed a notice of appearance (e.g., through a praecipe) and who hence is formally mentioned in court records as the official attorney of the party. Once an attorney becomes an attorney of record, he often cannot withdraw from the case without court permission (Black’s Law Dictionary, Sixth Edition, p. 129). De Leon vs. Court of Appeals 383 SCRA 216 Held: When a party is represented by counsel of record, service of orders and notices must be made upon said attorney and notice to the client and to any other lawyer, not the counsel of record, is not notice in law (De Leon vs. Court of Appeals, 383 SCRA 216). Of Counsel. To distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (6 Am. Jur. 264). Lead Counsel. The counsel on either side of a liti- ated action who is charged with the principal manage- ment and direction of party's case, as distinguished from his juniors or subordinates, is said to “lead in the cause,” and is termed the “leading counsel” on the side. It may also refer to the chief or primary attorney in class action or multi-district litigation (Black's Law Dictionary, Sixth Edition, p. 888) House Counsel. Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Generally, such lawyer advises business on day to day matters. Larger businesses have legal departments with attorneys assigned to special- ized areas of law affecting particular business; e.g.. labor law, taxes, personal injury litigation, corporate law. etc. (Black's Law Dictionary, Sixth Edition, p. 740)10 Lecat ETHICS Amicus Curiae. Literally, it means, a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, osten- sibly on behalf of a party but actually to suggest a ration- ale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases (Black's Law Dictionary, Sixth Edition, p. 82). Experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the dis- position of issues submitted to it (Sec. 36, Rule 138, RRC as amended by Resolution of the Supreme Court, dated May 20, 1968). Amicus Curiae Par Excellence. Bar associations who appear in court as amici curiae or friends of the court are referred as amicus curiae par excellence. An amicus curiae has no control over the suit and has no right to institute any Proceedings therein; the amicus curiae cannot assume functions of a party in an action or pro- ceedings pending before the court. Ordinarily, the amicus Curlae cannot file a pleading in a case. e “ Pi an amicus curiae acts merely as a consultant a a ie ry Court in a doubtful question or issue pending © amicus curiae serves without compensation. Bar As: eae sociation. An association of members of the ession like the Integrated B, i ar of ines where membership is integrated or mas a Phitipnee, ie mae voluntary bar associations in the Pine Lawyers Ase ippine Bar Association, The Philip- the Philippines, Vanguang oie tial Lawyers Association of sorted of the Philippine Constitution." ia Bar ; Philippines Association, Catholic Lawyers’ Guild of the Society of International Law. Philippine “The VPC 's Presently headeq by the autho: r.PRELIMINARY ll WILOCI, WLAP, FIDA, ASEAN (Philippines) and many others. Commission On Bar Discipline (CBD).—This is the National Grievance Investigators Office referred to in Section 2, Rule 139-B of the Rules of Court. During the presidency of Dr. Leon Garcia as National president of the IBP, upon suggestion of Commissioner Ernesto L. Pineda, this Grievance Office was named Commission on Bar Discipline and those appointed in that body were called Commissioners. The CBD is the investigating arm of the Supreme Court on administrative matters involving disbarment cases against lawyers. Its recommendation is subject to review by the IBP Board of Governors. If the resolution of the latter is one of suspension or disbarment, it is auto- matically elevated to the Supreme Court for final disposi- tion. Nature Of Proceedings In The CBD.—While the Commission on Bar Discipline is not a court, the proceed- ings therein are nonetheless part of a judicial proceeding, a disciplinary action being in reality an investigation by the Supreme Court into the misconduct of its officers or an examination into his character (Sambajon vs. Suing, 503 SCRA 1). Other Relevant Terms And Definitions Advocate. The general and popular name for a law- yer who pleads on behalf of someone else (Philippine Legal Euepstopucia, p, 2). Cac whe ta lenrced in the law wad duly admitted to practice law (17 C.J.S. 102). . An advocate is one who Pleads the cause of another fore a tribunal or judicial court; a counsellor (Villegas Vs. Legaspi, 113 SCRA 45). _ Barrister. (England). A Person entitled to practice law yn advocate or counsel in superior courts (17 CJ-S. 102, 103). In England, an advocate; a counsellor learned ¢ law who has been admitted to plead at the bar, ant12 LeGaL Etuics who is engaged in conducting the trial or argument of causes. A person called to the bar by the benchers of Inns of Court, giving exclusive right of audience in the Supreme Court (Black's Law Dictionary, Sixth Edition, p. 151). Solicitor. (England). A person prosecuting or defend- ing suits in Courts of Chancery (17 C.J.S. 102). And a Court of Chancery is a court which administers equity and proceeding according to the forms and principles of equity (Black's Law Dictionary, Sixth Edition, p. 356). Solicitor. (Philippines). A government lawyer at- tached with the Office of the Solicitor General. Proctor. (England). Formerly, an attorney in the ad- miralty and ecclesiastical courts whose duties and busi- ness correspond exactly to those of an attorney-at-law or solicitor in Chancery (Black's Law Dictionary, Sixth Edi- tion, p. 1207) Titulo de Abogado. It means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law. In Spanish the word “titulo” is defined as “testimonio o instrumento dado para ejercer un empleo, dignidad o profesion” (Diccionario de la Lengua Espanola, Real Academia Espanola, 1974 ed., p. 1224) and the word “abogado,” as follows: “Perito en el derecho positivo que s¢ dedica a defender en juicio, por es escrito o de palabra, los derechos 0 intereses de los litigantes, y tambien a dar dictmen sobre las cuestiones 0 puntos legales que se le Consultan.” (Id., p. 5). A Bachelor's degree alone, conferred by a law school upon completion of certain academic re quirements, does not entitle its holder to exercise the legal Profession. The English equivalent of ‘abogado’ is lawyer OF attomey-at-law. This term has a fixed and general signifi cation, and has reference to that class of persons who are by license officers of the courts, empowered to appe@ Prosecute and defend, and upon whom peculiar duties: responsibilities and Habilities are devolved by law a8 4 consequence (Cui vs. Cui, 11 SCRA 759).PRELIMINARY 13 Integration Of The Bar.—The integration of the Phil- ippine Bar means the official unification of the entire lawyer population, and this requires membership and financial support of every attorney as condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court. Organized by or under the direction of the State, an Integrated Bar is an official national body of which all lawyers are required to be members—they are, therefore, subject to all the rules prescribed for the governance of the Bar, including the payment of a reasonable annual fee for the effective discharge of the purposes of the Bar, and adherence to a code of professional ethics or professional responsibility. (Letter of Atty. Cecilio Y. Arevalo, Jr., Re- questing Exemption from Payment of IBP Dues, 458 SCRA 209). Integrated Bar Of The Philippines.—Integrated Bar of the Philippines is the national organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court, and constituted on May 4, 1973 into a body corpo- Tate by Presidential Decree No. 181. General Objectives Of The IBP.—The general objec- tives and purposes of the IBP are the following: 1. To elevate the standards of the legal profession: 2. To improve the administration of justice; 3. To enable the Bar to discharge its public respon” sibility more effectively; 4. To assist in the administration of justice: 5. To foster and maintain on the part of its members high ideals of integrity, learning, professional competence, Public service and conduct; f its of its 6. To safeguard the professional interests members;14 Lecat Erxics 7. To cultivate among its members a spirit of cor- diality and brotherhood; 8. To provide a forum for the discussion of law, ju- risprudence, law reform, pleading, practice and procedure, and the relation of the Bar to the Bench and to the public and publish information relating thereto; 9. To encourage and foster legal education; 10. And to promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon. (Per Curiam Reso- lution of the Supreme Court, January 9, 1973) Membership In The IBP Chapter.—A lawyer does not automatically become a member of the IBP chapter where he resides or works after becoming a full-fledged member of the Bar. He has the discretio} mn. to choose the IBP Chapter he wants to join (See: Garcia vs. De Vera, 418 SCRA 27) Without paying IBP dues, a lawyer cannot engage in Practice of law, no matter how limited is his practice (Santos, Jr. vs, Llamas, 322 SCRA 529). The exemption from Payment of income tax granted to senior citizens by y Republic Act No. 7432 does not in- clude payment of membership or association dues of the Integrated Bar of the Philippines (id.). Similarly, as Tegards dues, they are not entitled to twenty percent (20%) discount. There Is No Retirement In The IBP.—There is n0 Such thing as retirement in the IBP as understood in labor law. A lawyer, however, may terminate his bar member ship after filing the Tequired verified notice of termination with the Secretary of the Integrated Bar (In re: Atty. Jose Principe, Bar Matter No. 543, September 20, 1990). IBP Is A Non. Political Bar.—The Int shall be strictly non-political, and integrated Bar ee every activity tending 1? impair this basic feature is Strictly prohibited and shall be Penalized accordingly. No lawyer holding an elective:PRELIMINARY 15 judicial, quasi-judicial, or prosecutory office in the Gov- ernment or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judi- cial, quasi-judicial, or prosecutory office in the Govern- ment or any political subdivision or instrumentality thereof (Rule 139-A, Section 13). When Constituted As A Body Corporate.—The [BP was constituted as a body corporate on May 4, 1973 under PD. 181. Positions In IBP Are Honorary. —Except as may be specifically authorized or allowed by the Supreme Court, no Delegate or Governor and no national or local officer or committee member shall receive any compensation, allow- ance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to reim- bursement for any expense incurred in the discharge of his functions (Rule 139-A, Section 14). Voluntary Bar Associations—All voluntary Bar as- Sociations now existing or which may hereafter be formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith (Rule 139-A, Section 17). Effectivity Of Rule 189-A.—Rule 139-A, which is the Rule on the Integration of the Bar became effective on January 16, 1973, The first election of IBP Chapter officers Was held on February 17, 1973. On March 17, 1973, the House of Delegates (composed of IBP Chapter Presidents and some other designated Delegates) elected the Board of Governors, which in turn elected the National Officers of the Integrated Bar of the Philippines Membership Is Mandatory. —Membership in the Na- tional IBP is mandatory. It is not a violative of a lawyer's16 LecaL Enics ate (In re: Edillon, 101 SCRA 612). Law- freedom to associ: er he wants to join. yer may choose however the Chapt ‘The IBP Is The Investigating Arm Of The Supreme Court In The Investigation Of Disbarment Cases — Under Rule 139-B, the IBP is given the power to entertain cases of disbarment filed before it, or cases filed before the Supreme Court and referred to it for investigation, report, and recommendation. It does not, however, have the power to suspend or disbar. Its recommendations are subject to appeal to the Supreme Court which alone has the preroga- tive to disbar. [The disciplinary powers of the IBP are treated in the Chapter on Disbarment]. ADMISSION TO PRACTICE LAW Power To Admit To Practice, Vested In The Su- preme Court.—The power of admission to the practice of law is vested by the Constitution in the Supreme Court. The 1987 Constitution’ explicitly so provides: “SEC. 5. The Supreme Court shall have the following powers: (1) xxx (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 under-privileged. Such rules shall Provide a simplified and inexpensive procedure for the Speedy disposition of cases, shall be uniform for all ceutts of the same grade, and shall not diminish. in- ee w ae Substantive rights. Rules of proce- een peas and quasi-judicial bodies shall Court." (art, Vint wue® disapproved by the Supreme * VIML See. 5 (5), 1987 Constitution) * Unlike the 193 stitution did not provi or supplement the Ru 5 and 1973 Constitutions, the 1987 Com ide power to the Legislature to repeal, alte? r pi “S Promulgated by the Supreme CourtApsission To Practice Law 17 ‘The constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion. Petition to that end is filed with the Supreme Court, as are other proceedings invoking judicial action (In re: Cunanan, 94 Phil, 534; In re: Almacen, 31 SCRA 562; In re: Lanuevo, 66 SCRA 245). ‘The Supreme Court acts through a Bar Examination Committee in the exercise of its judicial function to admit candidates to the legal profession. Thus, “In the exercise of this function, the Court acts through a Bar Examination Committee, composed of a member of the Court who acts as Chairman and eight (8) members of the Bar who act as examiners in the eight (8) bar subjects with one subject assigned to each. Acting as a sort of liaison officer between the Court and the Bar Chairman, on one hand, and the individual members of the Committee, on the other. is the Bar Confidant who is at the same time a deputy clerk of the Court. Necessarily, every act of the Com- mittee in connection with the exercise of discretion in the admission of examinees to membership of the Bar must be in accordance with the established rules of the Court and must always be subject to the final ap- proval of the Court.” (In re: Lanuevo, 66 SCRA 245). Basic Requirements For All Applicants For Admis- sion To The Bar — “Sec. 2. Requirements for all applicants for admission to the bar—Every applicant for admission ‘as a member of the bar must be a citizen of the Phil- ippines, at least twenty-one years of age, of good moral character, and a resident of the Philippines; and must produce before the Supreme Court satisfac- tory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philip- Pines.” (Section 2, Rule 138, RRC) —It ordi- Academic Requirements For Candidates s of study narily takes a candidate a period of eight (8) Ye"18 LecaL EtHIcs after graduation from high school to finish Law, and take the Bar Examinations. Before he is allowed to enroll in the College of Law, he must have already earned a bachelor’s degree in arts or sciences which ordinarily takes four years to finish. This is what is referred to as Pre-Law Course. The Law course itself is ordinarily finished in another four years of study with completed courses on civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics (See Rule 138, Sections 5 and 6, RRC). No Particular Law School Has A Monopoly Of Knowledge Of The Law. — Atty. Melvin D.C. Mane vs. Judge Medel Belen AM. No. RTJ-08-2119, June 30, 2008 Held: An alumnus of a particular law school has no monopoly of knowledge of the law. By hur- dling the Bar Examinations which this Court admin. isters, taking of the lawyer's oath, and signing of the Roll of Attorneys, a lawyer is presumed to be compe- tent to discharge his functions and d n luties as, inter alia, an officer of the cou the sine qua non by moral character. It py, c14° with the possession of good d mo: that with regard to the hold and continue to or@! character, the candidate must to possess it e ven aft been al Profession, after he hasApaission To Practice Law 19 After passing the Bar Examinations, the candidate shall take his lawyer's oath before the Supreme Court (Rule 138, Section 17, RRC) followed later by his signing of the Roll of Attorneys—in which Roll he is assigned a per- manent number. Thereafter, he is issued a certificate of membership by the Clerk of Court of the Supreme Court. From this point in time, he is deemed authorized to prac- tice law in the Philippines (Rule 132, Section 18, RRC). Disqualification To Take The Bar Examinations.— In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations 431 SCRA 146° Held: The requirement of good moral character is not only a condition precedent to admission to the practice of law, its continued possession is also es- sential for remaining in the practice of law. By concealing the existence of such pending cases, the applicant then flunks the test of fitness even if the cases are ultimately proven to be umwar- ranted or insufficient to impugn or affect the good moral character of the applicant. While Practice Of Law Is A Privilege, It Has Also The Nature Of A Right.—The practice of law is not a pro- Perty right but a mere privilege (In re: Scott, 53 Nev. 24, 292 P. 291) and as such must bow to the inherent regula. tory power of the Court to exact compliance with the ae public responsibilities” (In re: Edillon, 84 SCRA Private practice of law contemplates a succession of acts of the same nature habitually or customarily holding one’s self to the public as a lawyer (Borja, Sr. vs. Sulyap, : See also: In re: Ramon Galang, 66 SCRA 282 Cecilio $580: In Te: Del Rosario, 52 Phil, 399; Letter of ay. IBP pug Arevalo. Jr., Requesting Exemption from Payment ues, 458 SCRA 209,20 LacaL Eriics Inc., 399 SCRA 601; Lim-Santiago vs. Sagucio, 486 SCRA 24; Uy vs. Gonzales, 426 SCRA 422). It is not also a natural or constitutional right. In The Matter Of The Petition For Authority To Continue Use Of Firm Name Ozaeta, Romulo, Etc.‘ 92 SCRA 1 Held: A partnership for the practice of law can- not be likened to partnerships formed by other pro- fessionals or for business. For one thing, the law on accountancy specifically allows the use of a trade name in connection with the practice of accountancy. “A partnership for the practice of law is not a legal en- tity. It is a mere relationship or association for a par- ticular purpose. x x x It is not a partnership formed for the purpose of carrying on a trade or business or of holding property.” Thus, it has been stated that “the use of a nom de plume, assumed or trade name in law practice is improper.” xxx “The right to practice law is not a natural or con: stitutional right but is in the nature of a privilege or JSranchise. It is limited to persons of good moral char- acter with special qualifications duly ascertained and certified. The right does not only presuppose in its Possessor integrity, legal standing and attainment, but also the exercise of a special privilege, highly per- sonal and partaking of the nature of a public trust. While it is unquestionable that the practice of law is 2 privilege, it is also in the nature of a right because the lawyer cannot be prevented from practising law except for valid reasons as the practice of law is not a matter of State's grace or favor (Ex Parte Garland, 18 L. ed. 366: Wilner vs. Committee On Character and Fitness, 10 L. ed: 2 224), * See also: Bongalonta vs. Castillo, 240 SCRA 310.Apmission To Practice Law 21 An instance of a valid reason where a lawyer may bi prevented from appearing in court is the provision of the Constitution prohibiting Senators or Representatives from appearing before courts and Electoral Tribunals. Thus, in Marcos and Concordia vs. Chief of Staff, AFP (89 Phil. 246), lawyers Ferdinand Marcos and Manuel Concordia were disqualified to appear as counsel for the accused in the General Court-Martials. ‘The Supreme Court held: “A constitutional provision extending to the ac- cused the right to be represented by counsel in any trial court whatever, applies to a court-martial and gives the accused the undeniable right to defend by counsel, and a court-martial has no power to refuse an attorney the right to appear before it if he is prop- erly licensed to practice in the courts of the country. (89 Phil. 246). In another case, it was held that the Director of the Philippine Patent Office cannot restrict lawyers from ap- pearing before the said Office by requiring them to pass first an examination to cover patent law and jurisprudence and the rules of practice in the said Office. Any member of the Philippine Bar in good standing may practice law anywhere and before any entity, whether judicial or quast he Philippines (Philippine judicial or administrative, in Lawyers’ Association vs. Agrava, 105 Phil. 173) without need of passing another examination. ‘The ruling applies to all quasi-judicial bodies. Lawyers cannot also be prevented from seeing their clients under detention. Lawyers cannot also be deprived of their license to practice law without due process. In a sense, the privilege to practice law is also a right by oe . But just like any other rights, it is subject to limitations. of Who Are Entitled To Practice Law? ne 7 Court explicitly states who are entitled to prac’ the Philippines.22 LecaL ETHICS “SECTION 1. Who may practice law.—Any per- son heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.” (Rule 138, Sec. 1, RRC). Practice Of Law, Concept.—Generally, to engage in the practice is to do any of those acts which are character- istic of the legal profession (In re: David, 93 Phil. 461). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173; J.K. Mercado, etc. vs. De Vera, 371 SCRA 251). Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his legal services (People vs. Villanueva, 14 SCRA 111; OCA vs. Ladega, 350 SCRA 331; Borja, Sr. vs. Sulyap, Inc., 399 SCRA 601: Aguirre vs. Rana, 403 SCRA 342). Latest Ruling On The Meaning Of Practice Of Law.—The Supreme Court’ has recently laid down the definition of practice of law in the Philippines, following the modern concept. Cayetano vs. Monsod 201 SCRA 210 Facts: On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC. On June 18, 1991, he took his oath of office. On the same day, he assumed office as Chairman of the COMELEC. * The decision penned bi ae y Justice Edgardo Paras was © ie by Justices Fernan, Narvasa, Melencio-Herrera. eliciano. Justices Gutierrez, Jr., Cruz and Padilla dissent Justices Sarmiento, Regalado and Davide, Jr. did not take pat7 Oope 1e Apission To Practice Law Challenging the validity of the confirmation by the Commission on Appointments of Monsod’s nomi- nation, petitioner as a citizen and taxpayer, filed the instant petition for Certiorari and Prohibition praying that said confirmation and the consequent appoint. ment of Monsod as Chairman of the Commission on Elections be declared null and void. Atty. Christian Monsod is a member of the Phil- ippine Bar, having passed the bar examinations of 1960 with a grade of 86.55%. He has been a dues paying member of the Integrated Bar of the Philip- pines since its inception in 1972-73. He has also been paying his professional license fees as lawyer for more than ten years. (p. 124, Rollo). After graduating from the College of Law (U.P.) and having hurdled the bar, Atty. Monsod worked in the law office of his father. During his stint in the World Bank Group (1963-1970), Monsod worked as an operations officer for about two years in Costa Rica and Panama, which involved getting acquainted with the laws of member-countries, negotiating loans and coordinating legal, economic, and project work of the Bank. Upon returning to the Philippines in 1970, he worked with the Meralco Group, served as chief execu tive officer of an investment bank and subsequently of @ business conglomerate, and since 1986, has ren- dered services to various companies as a legal and economic consultant or chief executive officer. As for- mer Secretary-General (1986) and National Chairman (1987) of NAMFREL, Monsod’s work involved being knowledgeable in election law. He appeared for NAM- FREL in its accreditation hearings before the Comelec. In the field of advocacy, Monsod, in his personal ca- pacity and as former Co-Chairman of the Bishops Businessmen’s Conference for Human Development, has worked with the under privileged sectors, such as the farmer and urban poor groups, in initiating, lobby- ing for and engaging in affirmative action for the agrar- ian reform law and lately the urban land reform bill. Monsod also made use of his legal knowledge as 4 member of the Davide Commission, a quasi-judicial body, which conducted numerous hearings (1990) and 2324 Lacan Ernics as a member of the Constitutional Commission (1986. 1987), and Chairman of its Committee on Accountabil- ity of Public Officers, for which he was cited by the President of the Commission, Justice Cecilia Muftoz: Palma for ‘innumerable amendments to reconcile gov- emment functions with individual freedoms and public accountability and the party-list system for the House of Representative.’ (pp. 128-129 Rollo) (Italics sup- plied). xxx Held; Practice of law means any activity, in.or out of court, which requires the application of law. le- g! procedure, knowledge, training and experience. "0 engage in the practice of law is to perform those ‘acts which are characteristics of the profession. Gen- erally, to practice law is to give niotice or render any kkind of service, which device or service requires the use in any degree of legal knowledge or skill.” (111 ALR 23). xxx 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-man- ager, 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.“ Dissenting Opinions In Monsod Case. Justice Hugo Gutierrez, Jr. dissented as follows— “Inspite of my high regard for Mr. Monsod, ! cannot shirk my constitutional duty. He has never engaged in the practice of law for even one year. He is a member of the bar but to say that he has practice law is stretching the term beyond rational limits See also: J.K. Mercado and Sons Agricultural En'® prises, Inc. vs. de Vera, 371 SCRA 251Apmission To Practice Law 25 “A person may have passed the bar examina- tions. But if he has not dedicated his life to the law, if he has not engaged in an activity where membership in the bar is a requirement I fail to see how he can claim to have been engaged in the practice of law.” XK KKK “The Constitution uses the phrase ‘engaged in the practice of law for at least ten years.’ The delibe- rate choice of words shows that the practice envi- sioned is active and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal, or ex- temporaneous. To be ‘engaged’ in an activity for ten years requires committed participation in something Which is the result of one’s decisive choice. It means that one is occupied and involved in the enterprise: one is obliged or pledged to carry it out with intent and attention during the ten-year period. Justice Teodoro R. Padilla who also dissented said— “What constitutes practice of law? As commonly understood, ‘practice refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge; it connotes an active, habit- ual, repeated or customary action. To ‘practice’ law, or any profession for that matter, means, to exercise or pursue an employment or profession actively, habitu- ally, repeatedly or customarily. Therefore, a doctor of medicine who is employed and is habitually performing the tasks of a nursing aide, cannot be said to be in the ‘practice of medicine.’ A certified public accountant who works as a clerk, cannot be said to practice his Profession as an accountant. In the same way, a lawyer who is employed as a business executive or a corporate manager, other than as head or attorney of a Legal De- partment of a corporation or a governmental agency. cannot be said to be in the practice of law. cay _ustice Isagant A. Cruz, another dissenter has this to26 Lecat Eruics “Coming now to the qualifications of the Private respondent, I fear that the ponencia may have been too sweeping in its definition of the phrase ‘practice of law’ as to render the qualification practically tooth- less. From the numerous activities accepted as em- braced in the term, I have the uncomfortable feeling that one does not even have to be a lawyer to be en- gaged in the practice of law as long as his activities involve the application of some law, however peri pherally. The stock broker and the insurance adjuster and the realtor could come under the definition as they deal with or give advice on matters that are likely ‘to become involved in litigation.’ The lawyer is considered engaged in the practice of law even if his main occupation is another busi- ness and he interprets and applies some law only as an incident of such business. That covers every com- Pany organized under the Corporation Code and regulated by the SEC under P.D. 902-A. Considering the ramifications of the modem society, there is hardly any activity that is not affected by some law or government regulation the businessman must know about and observe. In fact, again going by the defini- tion, a lawyer does not even have to be part of a busi- ness concern to be considered a practitioner. He can be so deemed when, on his own, he rents a house or buys a car or consults a doctor as these acts involve his knowledge and application of the laws regulating such transactions. If he operates a public utility vehi- cle as his main source of livelihood. he would still be deemed engaged in the practice of law because he must obey the Public Service Act and the rules and Tegulations of the Energy Regulatory Board The ponencia quotes an American decision de- fining the practice of law as the ‘performance of any acts... . in or out of court, commonly understood to be the practice of law,’ which tells us absolutely noth- ing. The decision goes on to say that ‘because lawyers perform almost every function known in the commer- cial and governmental realm, such a definition would obviously be too global to be workable.’ADMISSION To PRacTICE Law 27 The effect of the definition given in the Ponencia is to consider virtually every lawyer to be engaged in the practice of law even if he does not earn his living, or at least part of it, as a lawyer. It is enough that his activities are incidentally (even if only remotely) con- w, ordinance, or regulation. The The author who has been in the active practice of law for more than three decades, fully agrees with the dissent- ing opinions, for truly, for one to be a Practising lawyer or to engage in the Practice of law, he must be in actual, active and habitual exercise of his legal knowledge or skill Specially in court appearances and pleadings and this is done generally for compensation. The decision of the Su; lpreme Court in People vs. Vil- lanueva (14 SCRA 109, 196: 5) must be maintained— “x x x Practice is more than an isolated appear- ance, for it consists in frequent or customary actions, 4 Succession of acts of the same kind. In other words, it fs frequent habitual exercise (State v. Cortner, 127, P. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of law ‘o fall within the prohibition of statute has been in- terpreted as customarily or habitually holding one's self out to the public, as a lawyer and demanding Payment for such services," General Coverage Of Practice Of Law. tice of his Profession, a licensed attorney at engages in three Principal types of profes: egal adv —In the prac- it law generally sional activity: ice and instructions to clients to inform them Tights and obligations\)preparation for clients of nts requiring knowledge of legal principles not Possessed by ordinary laymanCdnd appearance for clients ina Public tribunals which Pp ‘0 det OSsess power and authority Srmine rights of life, liberty, and property according of their “ See also: Tite Giiniins on Enc Jah Od OLa tem 28 Laca. Ernics to law, in order to assist in proper interpretation and enforcement of law. (Ulep vs. Legal Clinic Inc., 223 SCRA 378). Basic Characteristics Of The Practice Of Law— Practice of law is not a matter of right but merely a privi- lege bestowed upon individuals who are not only leaned in the law but who are also known to possess good moral character (Tan vs. Sabandal, 206 SCRA 473). Practice of Jaw is not a money-making venture (Canlas vs. CA, 164 SCRA 160). Law advocacy is not capital that yields profits The returns it births are simple rewards for a job done or service rendered. It is a calling that, unlike mercantile pursuits which enjoy a greater deal of freedom from gov ernment interference, is impressed with public interests, for which it is subject to State regulation (Metropolitan Bank & Trust Co. vs. Court of Appeals, 181 SCRA 377) Practice of law cannot be assigned or inherited, but must be earned by hard study and good conduct (In re Clifton, 155, Am. 324). It is not a right de jure (In re: Ellis. 203, p. 957). Practice of law is a privilege burdened with conditions (Adez Realty vs. CA, 251 SCRA 201) Private practice of law contemplates a succession of acts of the same nature habitually or customarily holding one's self to the public as a lawyer (Borja, Sr. vs. Sulyap Inc., 399 SCRA 601; Lim-Santiago vs. Sagucio, 486 SCRA 24; Uy vs. Gonzales, 426 SCRA 422). It is reserved only to those who are academically trained in law and possessed of good moral character not only at the time of his admission to the Bar but even more So, thereafter, to remain in the practice of law (See People Ws, Tuanda, 181 SCRA 692; Melendrez vs. Decena, 176 SCRA 662; In Re: AIC. Argosino, 246 SCRA 14) The practice of law is a Profession and not a business a is an essential part in the administration of justice: fes ssion in pursuit of which sit: u pecuniary reward is com! ered as merely incidental; it is a a of learned art‘ApMIssion To Practice Law 29 the interest of public service (See Koscoe Pound, The Lawyer From Antiquity to Modern Times, p. 5). Non-Lawyers Who Are Authorized To Appear In Court. —The general rule is that only those who are li- censed to practice law can appear and handle cases in court. There are however exceptions, to wit: 1. In cases before the Municipal Trial Courts, a party may conduct his own case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Rule 138, Section 34, RRC; Laput vs. Ber- nabe, 55 Phil. 621; Cantimbuhan vs. Cruz, Jr., 126 SCRA 190) 2, Before any other court, a party may conduct his litigation personally. But, if he gets someone to aid him, that someone must be an authorized member of the bar (Rule 138, ibid). He is bound by the same rules in con- ducting the trial of his case. He cannot, after judgment, claim he was not properly represented by counsel (see People vs. Sim Ben, 98 Phil. 138; See also: People vs. Larrafiaga, 421 SCRA 530; Cruz vs. Cabrera, 441 SCRA 211) Cruz vs. Mina 522 SCRA 387 Held: The basic question is whether the peti- tioner, a law student, may appear before an inferior court as an agent or friend of a party litigant. The courts a quo held that the Law Student Practice Rule as encapsulated in Rule 138-A of the Rules of Court, prohibits the petitioner, as a law stu- dent, from entering his appearance in behalf of his fa- ther, the private complainant in the criminal case without the supervision of an attorney duly accred- ited by the law school. Rule 138-A or the Law Student Practice Rule, Provides:30 Lecat Erxics “RULE 138-a LAW STUDENT PRACTICE RULE “Section 1. Conditions for Student Practice —A Jaw student who has successfully completed his 3rd year of the regular four-year prescribed law curricu- lum and is enrolled in a recognized law school’s clini- cal 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. Sec. 2. Appearance.—The appearance of the law student authorized by this rule, shall be under the direct supervision and control 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 in behalf of the legal clinic However, in Resolution dated June 10, 1997 in Bar Matter No. 730, the Court En Banc clarified: ‘The rule, however, is different if the law stu- dent appears before an inferior court, where the issues and procedure are relatively simple. In in- ferior courts, a law student may appear in his per sonal capacity without the supervision of a law- yer. Section 34, Rule 138 provides: Sec. 34. By whom litigation is conducted—I0 the court of justice of the peace, a party may Col” duct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or Wi the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of a? attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney. and his appearance must be either personal or by a duly a thorized member of the bar.