LEGAL ETHICS

1. Define Legal Ethics.

- Branch of moral science which treats of the duties which a member of the legal profession owes to the
public, to the court, to his professional brethren, and to his client.

2. What are the seven rules which govern the ethical behavior of a lawyer?
- 1. The Philippine Constitution (Sec. 5, Art. 8);
- 2. The Rules of Court (Rules 137-139 A&B);
- 3. The Civil Code;
- 4. Special Statutes;
- 5. The Code of Professional Responsibility;
- 6. The New Code of Judicial Conduct;
- 7. Supreme Court decisions.

3. Why is the legal profession not a trade or business?

- The legal profession is devoted to public service. It is not a trade or business where profit is the main
motive. Legal services are limited to those who are trained and are proficient in substantive and
procedural law. Lawyers are prohibited from advertising or soliciting cases as it will degrade the
profession.

4. What is ambulance chasing?

- Ambulance chasing is the solicitation of almost any kind of legal business by an attorney, personally or
through an agent, in order to gain employment.

5. Who may practice law in the Philippines?

- Any person duly admitted as a member of the bar in accordance with procedural law and who is in good
and regular standing is entitled to practice law in the Philippines. It goes without saying that the lawyer
was dully licensed by the Philippine Supreme Court.
- Qualifications of an applicant for admission to the Philippine Bar:
a. The lawyer must have pursued and satisfactorily completed a 4-year high school course in an
authorized and recognized university, college, or school.
b. A course of study prescribed for a bachelor’s degree in arts or sciences, with political science, logic,
English, Spanish, history, or economics as a major or a field of concentration.
c. A 4-year bachelor’s degree in law with completed course in civil law, commercial law, remedial law,
criminal law, political and international law, labor law, taxation, legal ethics, and other subjects
prescribed by the Supreme Court.

6. Define practice of law.

- The Practice of law means any activity, in or out of court, which requires the application of law procedure.
Appearance in court or any tribunal, legal counseling, or giving legal advice, and drafting legal documents
are examples of practice of law. A lawyer need not have a law office or appear in court. Legal research
and counseling also constitute practice of law.

7. What are the requirements for admission to the bar?

- a. Citizen of the Philippines;
- b. At least 21 years of age, of good moral character, and a resident of the Philippines;
- c. must produce before the Supreme Court satisfactory evidence of good moral character, and that no
charges against him, involving moral turpitude, having been filed or are pending in any court in the
Philippines.

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8. May the legislature enact a law that will control the Supreme Court in the performance of its function to decide
who may enjoy the privilege of practicing law?
- No. The Legislature may not pass a law that will control the Supreme Court in the performance of its
function to decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional
as an invalid exercise of legislative power.
- In the exercise of its police power, the legislature may enact laws regulating the practice of law to protect
the public and promote public welfare. (REGULATE NOT CONTROL the SC)
- The authority to admit applicants to the practice of law belongs to the judiciary represented by the
Supreme Court in view of the nature of its judicial function and in the role played by lawyers in the
administration of justice. Under Sec. 5(5), Art. 8 of our Constitution.

9. What is the effect of loss of Filipino citizenship on the privilege to practice law in the Philippines?
- The loss of Filipino citizenship ipso jure (by the law itself) terminates the privilege to practice law in the
Philippines

10. Are foreigners allowed to practice law in the Philippines?

- No. The practice of law is a privilege DENIED to foreigners except when Filipino citizenship is lost by
reason of naturalization as a citizen of another country but subsequently reacquired pursuant to RA 9225.

11. What is the effect of reacquisition of Philippine citizenship under RA 9225 on the privilege to practice law?
- A Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine
citizenship if he reacquired it in accordance with RA 9225, he is also deemed never to have terminated
his membership in the Philippine bar.

12. Is there an automatic right to resume law practice after reacquisition of Filipino citizenship?
- No. Although he is deemed never to have terminated his membership in the Philippine bar, no automatic
right to resume law practice accrues.

13. What requirements must be complied with in order to resume the practice of law?
- Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume aid of an attorney
must first secure authority from the Supreme Court upon compliance with the following:
1. Updating and payment in full of annual membership dues in the IBP; payment of professional tax;
2. Completion of at least 36 credit hours of mandatory continuing legal education;
3. Retaking of the lawyer’s oath.

14. In general, who can appear and handle cases in court? What are the seven exceptions?
- In general, only those who are licensed to practice law can appear and handle cases in court.
- Exceptions:
1. Before the MTC, a party may conduct his case in person with the aid of an agent of friend appointed
by him for that purpose or with the aid of an attorney. (Sec. 34, Rule 138)
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. (Sec. 34)
3. In a criminal case before the MTC – in a locality where a duly licensed member of the bar is not
available, the judge may appoint a non-lawyer who is a resident of that province; and of good repute
for probity and ability to defend the accused. (Sec. 7, Rule 116, Rules of Court)
4. Student Practice Rule – a law student who has successfully completed this 3 rd year of the regular 4-
year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education
program approved by the Supreme Court may appear, without compensation, in any civil, criminal
or administrative case before any trial court, tribunal, board or officer, to represent indigent client
accepted by the Legal Clinic of the law school. (Sec. 1, Rule 138-A) The student shall be under the
direct supervision and control of a member of the IBP duly accredited by the law school if he appears
in the RTC and without such supervision if he appears in an inferior court. (Sec. 2)
5. Before the NLRC – non-lawyers may appear before the NLRC or any labor arbiter if they represent
themselves; represent their organization or members thereof. (Art. 222, PD 442, Labor Code)
6. Before a Cadastral Court – A npn-lawyer may represent a claimant before the Cadastral Court. (Sec.
9, Act No, 2259)

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 7. Any officer or other person appointed of designated in accordance with law to appear for the
Government of the Philippines or any of its officials. (Sec. 33, Rule 138, Rules of Court)

15. Can a corporation practice law?

- No. A corporation cannot practice law directly or indirectly by employing a lawyer to practice for it or
appear for others for its benefit. However, the corporation may hire a lawyer to handle a case for or
against the corporation.

16. Who are the public officials who cannot practice law in the Philippines?
- a. Judges and other officials or employees of the superior cocurt;
- b. Officials and employees of the Office of the Solicitor General;
- c. Government prosecutors;
- d. President, Vice-President, members of the cabinet, their deputies and assistants;
- e. Chairmen and members of the Constitutional Commissions;
- f. Ombudsman and his deputies;
- g. Governors, city and municipal mayors;
- h. Those who by special law are prohibited from engaging in the practice of their legal profession.

17. Who are the public officials who have restrictions in the practice of law?
- a. Senators and the members of the House of Representatives;
- b. Sanggunian members;
- c. Retired justice of judge;
- d. Civil service officers of employees without permit from their respective department heads.

18. What are the restrictions in the practice of law on members of the legislature?
- A lawyer-member of the legislature is prohibited from appearing as counsel before any courts of justice,
electoral tribunals or quasi-judicial and administrative bodies. The prohibition includes the mere filing of
a motion or any pleading.
- Neither can he allow his name to appear in such pleading by itself or as part of a firm name under the
signature of another qualified lawyer because the signature of an agent amounts to signing of a non-
qualified senator or congressman, the office of an attorney being originally of agency and because he
will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the
constitutional restriction.

19. What are the restrictions in the practice of law by Sanggunian members?
- Appear as counsel before any court in any civil cases wherein a local government unit or any officer,
agency or instrumentality of the government is the adverse party;
- Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
- Collect any fee for their appearance in administrative proceedings involving local government unit of
which he is an official;
- Use property and personnel of the government except when the Sanggunian member concerned is
defending the interest of the government.

20. Is a Punong Barangay forbidden to practice his profession? Is prior authorization required from the Head of
the Government?
- No. A Punong Barangay is not forbidden to practice his profession but he should procure prior permission
or authorization from the head of his Department, as required by civil service regulations.
- A Punong Barangay who is also a lawyer should obtain the prior written permission of the Secretary of
Interior and Local Government before he enters his appearance as counsel for any party; and his failure
to comply with Section 12, Rule 18 of the Revised Civil Service Rules constitutes a violation of his oath
as a lawyer to obey the laws.

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21. What are the restrictions in the practice of law by retired Justice & Judges?
- As a condition of the pension provided under RA No. 910, no retiring justice or judge of a court of record
or any city or municipal judge during the time that he is receiving said pension shall appear as counsel
before any court in:
a. Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse
party;
b. Any criminal case wherein an officer or an employee of the government is accused of an offense
committed in relation to his office;
c. Collect any fees for his appearance in any administrative proceedings to maintain an interest
adverse to the government, provincial or municipal, or to any of its legally constituted officers.

22. What is the rule in the handling of civil cases?

- In civil cases, an individual litigant has the right to handle his case personally.

23. If the accused is charged with an offense punishable by an imprisonment not exceeding 30 days, is he allowed
to defend himself? If he is charged with an offense punishable by more than 6 months of imprisonment, is he
allowed not to be defended by counsel?
- Yes, if the accused is charged with an offense punishable by an imprisonment not exceeding 30 days,
he is allowed to defend himself.
- No. If he is charged with an offense punishable by more than 6 months imprisonment, he must be
defended by counsel.

24. What is the rule when the accused is charged with grave and less grave offenses?
- In criminal cases, an accused, who is a layman must always appear by counsel in grave and less grave
offenses. He cannot conduct his own defense, as his right to counsel may not be waived without violating
his right to due process of law.

25. What are the four-fold duties of lawyers?

- Lawyers must perform their fourfold duties to society, the legal profession, the courts and their clients, in
accordance with the values and norms of the legal profession.