LEGAL ETHICS

1. Define Legal Ethics.

- Legal Ethics – that 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. VIII);
2. The Rules of Court (Rule 137-139 A and B);
3. The Civil Code;
4. Special Statutes;
5. The Code of Professional Responsibility;
6. The New Code of Judicial Conduct (included: The Canons of Judicial Ethics and the 1989 Code of Judicial Conduct); and
7. Supreme Court decisions (included: Supreme Court orders and circulars).
3. 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.
4. 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 duly licensed by the
Philippine Supreme Court.
5. Define practice of law.
- Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training and experience (Cayetano v. Monsod); generally, to practice law is to render any kind of service which requires
the use of legal knowledge or skill (Ciocon-Reer v. Lubao).
6. What are the requirements for admission to the bar?
- Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age,
of good moral character, and resident of the Philippines; and must produce before the Supreme Court satisfactory
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 Philippines.
7. 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?
- 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 re: Cunanan).
8. 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 terminates the privilege to practice law in the Philippines.
9. Are foreigners allowed to practice law in the Philippines?
- The practice of law is a privilege denied to foreigners.
10. 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 the Republic Act 9225.
11. Is there an automatic right to resume law practice after reacquisition of Philippine citizenship?
- Although he is deemed never to have terminated his membership in the Philippine bar, no automatic right to resume law
practice accrues. (Re: Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay)
12. What requirements must be complied with in order to resume the practice of law?
1. the 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; and
3. retaking of the lawyer’s oath.
13. In general, who can appear and handle cases in court?
- Only those who are licensed to practice law can appear and handle cases in court.
14. What are the seven exceptions?
1. Before the MTC, a party may conduct his case in person with the aid of an agent or friend appointed by him for that
purpose or with the aid of an attorney.
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: (a) resident of that province; (b) 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 his 3rd year of the regular four-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 clients, 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)
15. Can a corporation practice law?
- A corporation cannot practice law directly or indirectly by employing a lawyer to practice for it or to 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?
1. Judges and other officials or employees of the superior court (Sec. 35, Rule 138, Rules of Court);
2. Officials and employees of the Office of the Solicitor General (Sec. 35);
3. Government prosecutors;
4. President, Vice President, members of the cabinet, their deputies and assistant (Sec. 13, Art. VII, Constitution);
5. Chairmen and members of the Constitutional Commissions (Sec. 2, Art. IX, Constitution);
6. Ombudsman and his deputies;
7. Governors, city and municipal mayors; and
8. Those who, by special law, are prohibited from engaging in the practice of their legal profession.
17. What are the restrictions in the practice of law on members of the legislature?
1. Appearing as counsel before any courts of justice, electoral tribunals or quasi-judicial and administrative bodies.
2. 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.
18. What are the restrictions in the practice of law by Sanggunian members?
1. Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or
instrumentality of the government is the adverse party;
2. 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;
3. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is
a government official; and
4. Use property and personnel of the government except when the Sanggunian member concerned is defending the
interest of the government.
19. Is a Punong Barangay forbidden to practice of profession? Is prior authorization required from the Head of Government?
- 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.
20. What are the restrictions in the practice of law by retired justices and judges?
1. Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party;
2. Any criminal case wherein an officer or an employee of the government is accused of an offense committed in relation
to his office; or
3. 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 (Sec. 1, R. A. No. 910).
21. What is the rule in the handling of civil cases?
- In civil cases, an individual litigant has the right to handle his case personally.
22. If the accused is charged with an offense punishable by imprisonment not exceeding 30 days, is he allowed to defend himself? If
he is charged with an offense punishable by more than six months of imprisonment, is he allowed not to be defended by counsel?
- If the accused is charged with an offense punishable by an imprisonment not exceeding 30 days, he is allowed to defend
himself but if he is charged with an offense punishable by more than six months of imprisonment, he must be defended
by counsel.
23. What is the rule when the accused is charged with grave and less grave offenses?
- An accused, who is a layman must always appear by counsel in grave and less grave offenses.
24. What are the four-fold duties of lawyers?
- Lawyers must perform their four-fold duties to society, the legal profession, the courts and their clients in accordance with
the values and norms of the legal profession.