Practice of Law – any activity, in or out of client has named as his agent upon whom

court which requires the application of law, service of papers may be made.
legal procedure, knowledge, training and (Reynolds v. Reynolds, Cal.2d580).
experience. To engage in the practice of law is
to give notice or render any kind of service, Of Counsel – to distinguish them from
which or devise or service requires the use in attorneys of record, associate attorneys are
any degree of legal knowledge or skill referred to as “of counsel” (5 Am. Jur. 261).
(Cayetano v. Monsod, 201 SCRA 210).
Lead Counsel – The counsel on their side of a
Attorney-at-law/Counsel-at-law/ litigated action who is charged with the
Attorney/Counsel/ Abogado/Boceros: that principal management
class of persons who are licensed officers of and direction of a party’s case.
the courts, empowered to appear prosecute
and defend and upon whom peculiar duties, House Counsel – Lawyer who acts as attorney
responsibilities, and liabilities are developed by for business though carried as an employee of
law as a consequence (Cui v. Cui, 120 Phil. that business and not as an independent
729). lawyer.

Attorney in fact – an agent whose authority Bar Association – an association of members

is strictly limited by the instrument appointing of the legal profession.
him, though he may do things not mentioned in
his appointment necessary to the performance Advocate – The general and popular name for
of the duties specifically required of him by the a lawyer who pleads on behalf of someone
power of attorney appointing him, such else.
authority being necessarily implied. He is not
necessarily a lawyer. Barrister (England) – a person entitled to
practice law as an advocate or counsel in
Counsel de Oficio – a counsel, appointed or superior court.
assigned by the court, from among members of
the Bar in good standing who, by reason of Proctor (England) – Formerly, an attorney in
their experience and ability, may adequately the admiralty and ecclesiastical courts whose
defend the accused. duties and business correspond to those of an
Note: In localities where members of the Bar attorney at law or solicitor in Chancery.
are not available, the court may appoint any
person, resident of the province and good Titulo de Abogado – it means not mere
repute for probity and ability, to defend the possession of the academic degree of Bachelor
accused. Sec. 7, Rule 116, Rules of Court. of Laws but membership in the Bar after due
admission thereto, qualifying one for the
Attorney ad hoc – a person named and practice of law.
appointed by the court to defend an absentee
defendant in the suit in which the appointment Admission to the Practice of Law
is made (Bienvenu v. Factor’s of Traders -The Supreme Court has the power to
Insurance Cp., 33 La.Ann.209) control and regulate the practice of law. Thus,
the Constitution, under Article VIII, Sec. 5 (5)
Attorney of Record – one who has filed a provides:
notice of appearance and who hence is Sec. 5. The Supreme Court
formally mentioned in court records as the shall have the following powers:
official attorney of the party. Person whom the
(5) Promulgate rules concerning the protection Requirement of Good Moral Character: a
and enforcement of constitutional rights, continuing requirement; good moral character
pleading, practice and procedure in all courts, is not only a condition precedent for admission
the admission to the practice of law, the to the legal profession, but it must also remain
Integrated Bar, and legal assistance to the intact in order to maintain one’s good standing
under privileged. in that exclusive and honored fraternity.
(Tapucar vs. Tapucar, 1998)
The Supreme Court acts through a Bar
Examination Committee in the Exercise of Academic Requirements for Candidates:
his judicial function to admit candidates to the 1. a bachelor’s degree in arts and sciences
legal profession. (pre-law course)
2. a completed course in:
The Bar Examination Committee: 1. civil law
 Composed of (1) member of the 2. commercial law
Supreme Court who acts as Chairman 3. remedial law
and eight (8) members of the bar. 4. public international law
 The 8 members act as examiners for the 5. private international law
8 bar subjects with one subject assigned 6. political law
to each. 7. labor and social legislation
 The Bar Confidant acts as a sort of liason 8. medial jurisprudence
officer between the court and the Bar 9. taxation
Chairman on the other hand, and the 10. legal ethics
individual members of the committee on
the other. He is at the same time a Non-lawyers who may be authorized to
deputy clerk of court. appear in court:
 Admission of examinees is always 1. Cases before the MTC: Party to the
subject to the final approval of the court. litigation, in person OR through an
agent or friend or appointed by him for
Practice of Law that purpose (Sec. 34, Rule 138, RRC)
The practice of law is a privilege granted only 2. Before any other court: Party to the
litigation, in person (Ibid.)
to those who possess the STRICT
3. Criminal case before the MTC in a
INTELLECTUAL AND MORAL QUALIFICATIONS
locality where a duly licensed member of
required of lawyers who are instruments in the
the Bar is not available: the judge may
effective and efficient administration of justice.
appoint a non-lawyer who is:
(In Re: Argosino, 1997). 1. resident of the province
2. of good repute for probity and
Requirements for admission to the Bar: ability to aid the accused in his
1. citizen of the Philippines defense (Rule 116, Sec. 7, RRC).
2. at least 21 years old 4. Legal Aid Program – A senior law
3. of good moral character student, who is enrolled in a recognized
4. Philippine resident law school’s clinical education program
5. Production before the supreme court approved by the supreme Court may
satisfactory evidence of: appear before any court without
1. good moral character compensation, to represent indigent
2. no charges against him, involving clients, accepted by the Legal Clinic of
moral turpitude, have been filed the law school. The student shall be
or are pending in any court in the under the direct supervision and control
Philippines. of an IBP member duly accredited by the
law school.
 5. Under the Labor code, non-lawyers may of the government is the adverse
appear before the NLRC or any Labor party;
Arbiter, if 2. appear as counsel in any criminal
1. they represent themselves, or if case wherein an officer or
2. they represent their organization employee of the national or local
or members thereof (Art 222, PO government is accused of an
442, as amended). offense committed in relation to
6. Under the Cadastral Act, a non-lawyer his office;
can represent a claimant before the 3. collect any fee for their
Cadastral Court (Act no. 2259, Sec. 9). appearance in administrative
proceedings involving the local
Public Officials who cannot engage in the government unit of which he is an
private practice of Law in the Philippines: official;
1. Judges and other officials as employees 4. use property and personnel of the
of the Supreme Court (Rule 148, Sec. 35, government except when the
RRC). Sanggunian member concerned is
2. Officials and employees of the defending the interest of the
OSG (Ibid.) government.
3. Government prosecutors (People v. 3. Under RA 910, Sec. 1, as amended, a
Villanueva, 14 SCRA 109). retired justice or judge receiving pension
4. President, Vice-President, members of from the government, cannot act as
the cabinet, their deputies and counsel in any civil case in which the
assistants (Art. VIII Sec. 15, 1987 Government, or any of its subdivision or
Constitution). agencies is the adverse party or in a
5. Members of the Constitutional criminal case wherein an officer or
Commission (Art IX-A, Sec. 2, 1987 employee of the Government is accused
Constitution) of an offense in relation to his office.
6. Ombudsman and his deputies (Art. IX,
Sec. 8 (2nd par), 1987 Constitution) Attorney’s Oath:
7. All governors, city and municipal “I, do solemnly swear that I will
mayors (R.A. No. 7160, Sec. 90). maintain allegiance to the Republic of the
8. Those prohibited by special law Philippines; I will support its constitution
and obey the laws as well as the legal
Public Officials with Restrictions in the orders of the duly constituted authorities
Practice of Law: therein; I will do no falsehood, nor
1. 1. No Senator as member of the consent to the doing of any in court; I will
House of Representative may personally not willingly nor wittingly promote or sue
appear as counsel before any court of
any groundless, false or unlawful suit, or
justice as before the Electoral Tribunals,
give aid nor consent to the same; I will
as quasi-judicial and other
delay no man for money or malice, and
administration bodies (Art. VI, Sec. 14,
will conduct myself as a lawyer according
1987 Constitution).
2. Under the Local Government Code (RA to the best of my knowledge and
7160, Sec. 91)Sanggunian members discretion, with all good fidelity as well to
may practice their professions provided the court as to my clients; and I impose
that if they are members of the Bar, upon myself this voluntary obligations
they shall not: without any mental reservation or
1. appear as counsel before any purpose of evasion. So help me
court in any civil case wherein a God.” (Form 28, RRC)
local government unit or any
office, agency, or instrumentality Nature of Lawyer’s Oath
  The lawyer’s oath is not mere facile witness, unless required by the justice of
words, drift and hollow, but a sacred the cause with which he is charged;
trust that must be upheld and kept 7. not to encourage either the
inviolable. (Sebastian vs. Calis, 1999) commencement or the continuance of
 It is NOT a mere ceremony or formality an action or proceeding, or delay any
for practicing law. Every lawyer should man’s cause for any corrupt motive or
at all times weigh his actions according interest;
to the sworn promises he made when 8. never to reject, for any consideration
taking the lawyer’s oath. (In Re: personal to himself, the cause of the
Argosino, 1997, In Re: Arthur M. Cuevas, defenseless or oppressed;
1998). 9. in the defense of a person accused of a
crime, by all fair and honorable means,
Code of Professional Responsibility regardless of his personal opinion as to
the guilt of the accused, to present
Chapter 1: every defense that the law permits, to
the end that no person may be deprived
of life or liberty, but by due process of
Lawyer and Society
law.
CANON 1 – A lawyer shall uphold the
constitution, obey the laws of the land
Rule 1.01 – A lawyer shall not engage in
and promote respect for law and for legal
unlawful, dishonest, immoral or deceitful
processes
conduct.
 Duties of Attorneys:
 Conviction for crimes involving moral
1. to maintain allegiance to the Republic of
turpitude – a number of lawyers have
the Philippines and to support the
been suspended or disbarred for
Constitution and obey the laws of the
conviction of crimes involving moral
Philippines;
turpitude such as:
2. to observe and maintain the respect due
1. estafa
to the courts of justice and judicial
2. bribery
officers;
3. murder
3. to counsel or maintain such actions or
4. seduction
proceedings only as appear to him as
5. abduction
just, and such defenses only as he
6. smuggling
believes to be honestly debatable under
7. falsification of public documents
the laws;
4. to employ, for the purpose of
 Morality as understood in law – This
maintaining the causes confided to him,
is a human standard based on natural
such means only as are consistent with
moral law which is embodied in man’s
truth and honor, and never seek to
conscience and which guides him to do
mislead the judge or any judicial officer
good and avoid evil.
by an artifice or false statement of fact
 Moral Turpitude: any thing that is
or law;
done contrary to justice, honesty,
5. to maintain inviolate the confidence, and
modesty or good morals.
at every peril to himself, to preserve the
 Immoral Conduct: that conduct which
secrets of his client, and to accept no
is willful, flagrant, or shameless and
compensation in connection with his
which shows a moral indifference to the
client’s business except from him or with
opinion of the good and respectable
his knowledge and approval;
members of the community (Arciga vs.
6. to abstain from all offensive personality
Maniwag, 106 SCRA 591).
and to advance no fact prejudicial to the
 Grossly Immoral Conduct: One that is
honor or reputation of a party or
so corrupt and false as to constitute a
criminal act or so unprincipled or
 disgraceful as to be reprehensible to a  A lawyer has the obligation not to
high degree; it is a WILLFUL, FLAGRANT encourage suits. This is so as to prevent
or SHAMELESS ACT which shows a barratry and ambulance chasing.
MORAL INDIFFERENCE to the opinion of  Barratry – offense of frequently exciting
respectable members of the community. and stirring up quarrels and suits, either
(Narag vs. Narag, 1998) at law or otherwise; Lawyer’s act of
fomenting suits among individuals and
Rule 1.02 – A lawyer shall not counsel or offering his legal services to one of
abet activities aimed at defiance of the them.
law or at lessening confidence in the legal  Ambulance Chasing – Act of chasing
victims of accidents for the purpose of
system.
talking to the said victims (or relatives)
and offering his legal services for the
Rule 1.03 – A lawyer shall not, for any
filing of a case against the person(s)
corrupt motive or interest, encourage any
who caused the accident(s).
suit or proceeding or delay any man’s
cause.
CANON 2 – A lawyer shall make his legal
services available in an efficient and
Rule 1.04 – A lawyer shall encourage his convenient manner compatible with the
independence, integrity and effectiveness
clients to avoid, end or settle the
of the profession.
controversy if it will admit of a fair
settlement. Rule 2.01 – A lawyer shall not reject,
 If a lawyer finds that his client’s cause is except for valid reasons, the cause of the
defenseless, it is his burden/duty to defenseless or oppressed.
advise the latter to acquiesce and
submit, rather than traverse the Rule 2.02 – In such a case, even if a
incontrovertible. lawyer does not accept a case, he shall
 It is unprofessional for a lawyer to not refuse to render legal advise to the
volunteer advice to bring a lawsuit, person concerned if only to the extent
except in rare cases where the blood, necessary to safeguard latter’s rights.
relationship or trust makes it his duty to
do so.
Rule 2.03 – a lawyer shall not do or permit
 Temper client’s propensity to litigate.
to be done any act designed primarily to
 Should not be an instigator of
solicit legal business.
controversy but a mediator for concord
and conciliator for compromise.
 Primary characteristics which
distinguish the legal profession from
 The law violated need not be a penal
business;
law. “Moral Turpitude” – everything
1. duty of service, of which the emolument
which is done contrary to justice,
is a by product, and in which one may
honesty, modesty or good morals.
attain the highest eminence without
 Give advice tending to impress upon the
making such money;
client and his undertaking exact
2. a relation as an ‘officer of court’ to the
compliance with the strictest principles
administration of justice involving
of moral law.
thorough sincerity, integrity and
 Until a statute shall have been construed
reliability;
and interpreted by competent
3. a relation to clients in the highest
adjudication, he is free and is entitled to
degree of fiduciary;
advise as to its validity and as to what
4. a relation to colleagues at the bar
he conscientiously believes to be its just
characterized by candor, fairness and
meaning and extent.
unwillingness to resort to current
business methods of advertising and
 encroachment on their practice or it is proper such as his place of business
dealing with their clients. or residence except courtrooms and
 Defenseless – not in the position to government buildings.
defend themselves due to poverty, 5. Advertisements or announcement in any
weakness, ignorance or other similar legal publication, including books,
reasons. journals, and legal magazines.
 Oppressed – victims of acts of cruelty,
unlawful exaction, domination or Rule 2.04 – A lawyer shall not charge
excessive use of authority. rates lower than those customarily or
prescribed, unless circumstances so
Rule on Advertisements warrant.
 General Rule: No advertisements  A lawyer cannot delay the approval of a
allowed. The most worthy and effective compromise agreement entered into
advertisement possible is the between parties, just because his
establishment of a well-merited attorney’s fees were not provided for in
reputation for professional capacity and the agreement.
fidelity to trust.  Rule: A lawyer cannot compromise the
case without client’s consent (special
Lawyers may not advertise their services or authority). Exception: Lawyer has
expertise nor should not resort to indirect exclusive management of the procedural
advertisements for professional employment, aspect of the litigation (e.g. Submission
such as furnishing or inspiring newspaper for decision on the evidence so far
comments, or procuring his photograph to be presented. But in case where lawyer is
published in connection with causes in which confronted with an emergency and
the lawyer has been engaged or concerning prompt/urgent action is necessary to
the manner of their conduct, the magnitude of protect clients interest and there’s no
opportunity for consultation, the lawyer
the interest involved, the importance of the
may compromise.
lawyer’s position, and all other self-laudation.
 Rule: Refrain from charging rates lower
 Exceptions/ Permissible than the customary rates.
advertisements:
1. Reputable law lists, in a manner Valid Justification: relatives, co-lawyers, too
consistent with the standards of conduct poor
imposed by the canons, of brief
biographical and informative data, are CANON 3 – A lawyer in making known is
allowed. legal services shall use only true, honest,
2. Ordinary simple professional Card. It fair dignified and objective information or
may contain only a statement of his statement of facts.
name, the name of the law firm which he
is connected with, address, telephone
Rule 3.01 – A lawyer shall not use or
number and the special branch of law
permit the use of any false, fraudulent,
practiced.
misleading, deceptive, undignified, self-
3. A simple announcement of the opening
of a law firm or of changes in the auditory or unfair statement or claim
partnership, associates, firm name or regarding his qualifications or legal
office address, being for the services.
convenience of the profession, is not  Violation of Rule 3.01 is unethical,
objectionable. whether done by him personally or
4. Advertisements or simple through another with his permission.
announcement of the existence of a
lawyer or his law firm posted anywhere
Rule 3.02 – In the choice of a firm name,  To elevate the standards of the legal
no false, misleading, or assumed name profession
shall be used. The continued use of the  To improve the administration of justice
name of a deceased partner is  To enable the Bar to discharge its
responsibility more effectively.
permissible provided that the firm
indicates in all its communication that
The three-fold obligation of a lawyer
said partner is deceased.
 First, he owes it to himself to continue
improving his knowledge of the laws;
Rule 3.03 – Where a partner accepts
 Second, he owes it to his profession to
public office, he shall withdraw from the
take an active interest in the
firm and his name shall be dropped from maintenance of high standards of legal
the firm name unless the law allows him education;
to practice law concurrently.  Third, he owes it to the lay public to
make the law a part of their social
Rule 3.04 – A lawyer shall not pay or give consciousness.
anything of value to representatives of
the mass media in anticipation of, or in CANON 6 – These canons shall apply to
return for, publicity to attract legal lawyers in government service in the
business. discharge of their official tasks.
 It is unethical to use the name of a  Public Officials – include elective and
foreign firm. appointive officials and employees,
 Death of a partner does not extinguish permanent or temporary, whether in the
attorney-client relationship with the law career or non-career service, including
firm. military and police personnel, whether or
 Negligence of a member in the law firm not they receive compensation,
is negligence of the firm. regardless of amount. (Sec. 3 (b), RA
6713).
CANON 4 – A lawyer shall participate in  The law requires the observance of the
the improvement of the legal system by following norms of conduct by every
initiating or supporting efforts in law public official in the discharge and
execution of their official duties:
reform and in the administration of
1. commitment to public interest
justice.
2. professionalism
 Examples: Presenting position papers or
3. justness and sincerity
resolutions for the introduction of
4. political neutrality
pertinent bills in congress; Petitions with
5. responsiveness to the public
the Supreme Court for the amendment
6. nationalism and patriotism
of the Rules of Court.
7. commitment to democracy
8. simple living (Sec. 4, RA 6713)
CANON 5 – A lawyer shall keep abreast of
legal developments, participate in
Rule 6.01 – The primary duty of a lawyer
continuing legal education programs,
engaged in public prosecution is not to
support efforts to achieve high standards
convict but to see that justice is done.
in law schools as well as in the practical
The suppression of facts or the
training of students and assist in
concealment of witnesses capable of
disseminating information regarding the
establishing the innocence of the accused
law and jurisprudence.
is highly reprehensible and is cause of
disciplinary action.
Objectives of integration of the Bar
Rule 6.02 – A lawyer in the government above, but the professional concerned cannot
service shall not use his public position to practice his profession in connection with any
promote or advance his private interest, matter before the office he used to be with, in
nor allow the latter to interfere with his which case the one year prohibition shall
public duties. likewise apply.

Rule 6.03 – A lawyer shall not, after  Lawyers in the government service are
prohibited to engage in the private
leaving government service, accept
practice of their profession unless
engagements or employment in
authorized by the constitution or law,
connection with any matter in which he
provided that such practice will not
had intervened while in said service.
conflict or tend to conflict with their
 Various ways a government lawyer
official functions.
leaves government service:
 Misconduct in office as a public official
1. retirement
may be a ground for disciplinary action
2. resignation
(if of such character as to affect his
3. expiration of the term of office
qualification as lawyer or to show moral
4. dismissal
delinquency).
5. abandonment
 Should recommend the acquittal of the
Q: What are the pertinent statutory
accused whose conviction is on appeal,
provisions regarding this Rule?
IF he finds no legal basis to sustain the
conviction.
A: Sec. 3 (d) RA 3019 as amended and Sec. 7
 Includes restriction is representing
(b), RA 6713
conflicting interest (e.g. Accepting
engagements vs. former employer, PNB)
Sec 3. Corrupt practice of Public Officers. In
 The OSG is not authorized to represent a
addition to acts or omission of public officers public official at any state of a criminal
already penalized by existing law, the following case.
shall constitute corrupt practice of any public
officer and are hereby declared to be unlawful:

(d) accepting or having any member of his

family accept employment in a private
enterprise which has pending official business
with him during the pendency thereof or within
one year after termination.

Section 7 (b) of RA 6713 prohibits officials from

doing any of the following acts:

1. own, control, manage or accept

employment as officer, employee,
consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law.

These prohibitions shall continue to apply for a

period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2)