LEGAL ETHICS

o Body of all principles of morality and refinement that should govern the conduct of every member of the bar.
o Living spirit of the profession.
o Branch of moral science which treats of duties which an attorney owes to the court, to his client, to

Sources of Legal Ethics:

1. The 1987 Constitution.
2. Applicable Jurisprudence.
3. Code of Professional Responsibility.
4. New Civil Code.
5. Rules of Court.
6. Revised Penal Code.
7. Local Government Code.

Right and Privilege to practice

The practice of law is not a natural, property or constitutional right but a mere privilege.
It is not a right granted to anyone who demands it but a privilege to be extended or withheld in the exercise of
sound judicial discretion.
It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good
conduct.
It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness.
Those standards are neither dispensed with nor lowered after admission.
The attorneys continued enjoyment of the privilege conferred depends upon his complying with the ethics and
rules of the profession.

But practice of law is in the nature of a right. While the practice of law is a privilege, a lawyer cannot be
prevented from practicing law except for valid reasons, the practice of law not being a matter of states grace or
favor.
He holds office during good behavior and can only be deprived of it for misconduct.
The state cannot exclude an attorney from the practice of law in a manner or for reasons that contravene the due
process or equal protection clause of the Constitution.

A quasi-judicial or administrative agency cannot restrict a lawyers privilege to practice law by imposing
conditions that amount to discrimination nor limit such privilege by requiring the passing of an examination not
sanctioned by law as a prerequisite to appearing before such agency.
In that sense, the practice of law is in the nature of a right which cannot be lightly or capriciously taken away
from him.

WHO MAY PRACTICE LAW

Any person who has been duly licensed as a member of the bar in accordance with the statutory requirements and
who is in good and regular standing is entitled to practice law.
Two basic statutory requirements:
1. Must have been admitted to the bar.
2. After admission, must remain in good and regular standing (a continuing requirement).
REQUIREMENTS FOR ADMISSION TO PRACTICE [CRAGEBO] (1) Citizenship (2) Residence (3) Age (above
21 y/o) (4) Good Moral Character and no charges involving moral turpitude (5) Legal Education (pre-law, law
proper) (6) Bar Examinations (7) Lawyers Oath
Graduates of foreign law schools are allowed to take the bar examinations provided they show the ff: (1)
Completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree (2) Recognition or
accreditation of the law school by the proper authority (3) Completion of all the fourth year subjects in a law school
duly recognized by the Philippine Government [SC Bar Matter 1153: Re: Letter of Atty. Estelito Mendoza (2010)]

Rationale: Citizenship ensures allegiance to the Republic and its laws. The loss of Filipino citizenship ipso jure
terminates the privilege to practice law in the Philippines except when citizenship is lost by reason of naturalization
and reacquired through RA 9225. [Petition to Resume Practice of Law of Benjamin Dacanay, (2007)]

A Filipino lawyer who has lost and reacquired his citizenship under R.A. No. 9225 is deemed not to have lost his
Philippine citizenship. However, he still needs to apply with the Supreme Court for a license or permit to engage in
such practice after compliance with the following: (1) Updating and payment of annual membership dues in the IBP
(2) Payment of professional tax (3) Completion of 36 hours of mandatory continuing legal education (4) Retaking of
the lawyers oath [Sec. 5(4), R.A. No. 9225].

FOUR FACTORS IN DETERMINING PRACTICE OF LAW [HACA] (1) Habituality customarily or frequently
holding ones self out to the public as a lawyer (2) Application of law, legal principles, practice, or procedure calls
for legal knowledge, training and experience (3) Compensation his professional services are available to the public
for compensation, as a source of his livelihood or in consideration of his said services (4) Attorney-client
relationship For Padilla, teaching law or writing law books is not practice of law [Padillas dissent in Cayetano
v. Monsod]

Practice of Law, generally

General principles and doctrines laid down by the courts explaining the meaning and scope of the term:
1. To engage in the practice of law is to do any of those acts which are characteristic of the legal profession.
2. Any activity in or out of court which requires the application of law, legal principle, practice or procedure and
calls for legal knowledge, training and experience. (Cayetano vs Monsod)
3. It is not limited to the conduct of cases in court.
4. Includes legal advice, counseling, and the preparation of legal instruments and contracts by which legal rights are
secured, which may or may not be pending in court.
5. Strictly speaking, the word practice of law implies the customary or habitual holding out of oneself to the public
as a lawyer and demanding compensation for his services. [People vs.

Practice by Corporation
It is well settled that a corporation CANNOT engage in the practice of law. It may, however, hire an attorney to
attend to and conduct its own legal business or affairs.
But it cannot practice law directly or indirectly by employing a lawyer to practice for it or to appear for others for
its benefit.
Reasons:
1. Nature of the privilege and on the confidential and trust relation between attorney and client.
2. The corporation (a juridical person) cannot perform the conditions required for membership in the bar, such as the
possession of good moral character and other special disqualifications, the taking of an oath and becoming an officer
of the court, subject to its discipline, suspension or removal.
3. The relation of trust and confidence cannot arise where the attorney is employed by a corporation to practice for
it, his employer and he owing, at best, a secondary and divided loyalty to the clientele of his corporate employer.
4. The intervention of the corporation is destructive of that confidential and trust relation and is obnoxious to the
law.
Curious as to why there's always 7-Eleven beside every 24-Hour McDonald's branch I visit. Is this some kind of
mutual relationship or a mere tactic by 7-Eleven against McDonald's coffee and sandwiches?

#MatalinoAnonasMasinag

#Tatlopalangpala

#Makageneralizenamandawako

WHO MAY NOT PRACTICE LAW?

Relative Prohibition
1. Senators and members of the House of Representatives (prohibition to appear)
2. Members of the Sanggunian.
Absolute Prohibition
1. All members of the Judiciary
2. Judges and other officials as employees of the Supreme Court.
3. Government prosecutors.
4. President, Vice President, members of the cabinet.
5. Members of Constitutional Commissions.
6. Ombudsman and his deputies.
7. Solicitor General and Assistant Solicitor General
8. All governors, city and municipal mayors.
9. Those prohibited by special laws retired members of the judiciary.

A Civil Service Officer can engage in the practice of law only if:
1. The officers responsibilities do not require his time to be fully at the disposal of the government.
2. With written permission from the head of the department concerned.

A punong barangay needs to obtain written permission from the Secretary of the DILG to appear as counsel.

Liability for unauthorized practice

Any person prohibited from engaging in the practice of law or assumes to be an attorney is liable for contempt of
court, punishable by fine or imprisonment or both.
Liable for Estafa, defrauds the litigant:
1. If such unauthorized practice causes damage to a party.
2. False representation and rendering service in court in behalf of litigant.

Criminal and Administrative Liability for government officials prohibited from

Persons authorized to represent the government

Any official or other person appointed or designated in accordance with law to appear for the government of the
Philippines or any of its officials shall have all the rights of a duly authorized member of the bar to appear in any
case in which the government has an interest, direct or indirect, or in which such official is charged in his official
capacity. [Sec. 33, Rule 138].
Solicitor General, Assistant Solicitor General, Solicitors and Trial Attorneys, State Prosecutors, Special Counsel,
Special Prosecutor of the Ombudsman.