Вы находитесь на странице: 1из 4

LEGAL PROFESSION IN THE PHILIPPINES

IF I WERE the Teacher, these would be my Final Exam Questions and Answers.
Answers to QUESTIONS:

1. What is Law?
Law is a system of rules and guidelines which are enforced through social institutions to govern
behavior. Laws are made by governments, specifically by their legislatures. The formation of laws
themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The
law shapes politics, economics and society in countless ways and serves as a social mediator of relations
between people.

History of Law.
Law was created to REGULATE and curb activities ANTAGONISTIC to the interests of the ruling
class. It was created to preserve the STATUS QUO. (quo: used with nouns, and with first- and third-
person pronouns, and always placed before the subject; quo is NEVER used for a second-person
pronoun).
The state became a political organization of the ruling class by which it could legitimately impose
its will over the rest of the society and ultimately preserve status quo.
Eventually, Laws evolved in creating and maintaining order. Law exists for the RELATIONS
OF PRODUCTION and ECONOMIC REQUIREMENT, for without Laws, these will NOT
DEVELOP.
The purpose of Law is to protect, strengthen and develop social relations PROFITABLE and
EXPEDIENT for the ruling class and to oust and curb relations CONTRADICTING the will of the ruling
class.
SOCIAL JUSTICE is an irregularity in LAW, it was created to show their was a CONCESSION to
maintain a façade of FAIRNESS to keep optimism ALIVE. The intention of concession is to
DEMONSTRATE that the elite class does rule in the “UNIVERSAL INTEREST”.
These concessions are not only grants by the elite, but more are FRUITS of STRUGGLES of the
working CLASS.
The Laws made by these concessions are now the foundation for SOCIAL JUSTICE that
maintains peace and harmony between the elite and the working class.

2. Why do you want to be a Lawyer?


I want to be a lawyer because I want to ADMINISTER JUSTICE. I want to be an instrument to
serve the ends of JUSTICE. I will work and operate within the Legal System.

3. What is the requirement to be a Lawyer?


To practice law in the Philippines, one must have fulfilled the non-academic and academic
requirements. For non-academic requirements, one must be a Filipino, be at least 21 years old, be a
resident of the Philippines, and have the moral and other non-academic qualifications needed. In terms of
academic requirements, one must have obtained a 4year course undergraduate degree (with major, focus
or concentration in any of the subjects of History, Economics, Political Science, Logic, English), has
obtained a Bachelor of Laws degree (or equivalent such as Juris Doctor) from a law school recognized by
the Secretary of Education. They must have also taken and passed (75% general average, with no subject
falling below 50%) the Bar Exam, taken the Attorney's Oath before the Supreme Court, signed the Roll of
Attorneys, remain in good standing with the Integrated Bar of the Philippines, and continually participates
in the Mandatory Continuing Legal Education.
4. What is needed to study law? These are the 3 L’s.
Language is the TOOL of the LAW. The 3 L’s are Language, Logic and the Law itself. Language is
being able to express your views correctly. Logic is being able to use the right laws in the right case. Law
however has to be learned in Law School in a SCIENTIFIC and Systematic Way.

5. What are the advocacies of a Lawyer?


A lawyer must work hard to ensure that SOCIAL JUSTICE is achieved. He should not be
DAUNTED by the limitations of working within the Legal system. He must strive until the law the law is
truly contained with social justice.

6. What are Apostasies of a Lawyer?


Apostasy ( (apostasia), 'a defection or revolt', from 'away, apart', stasis, 'stand, 'standing') is the
formal disaffiliation from or abandonment or renunciation of a religion by a person. One who commits
apostasy (or who apostatises) is known as an apostate. The term apostasy is used by sociologists to mean
renunciation and criticism of, or opposition to, a person's former religion, in a technical sense and without
pejorative connotation.
The term is sometimes also used metaphorically to refer to renunciation of a non-religious belief or cause,
such as a political party, brain trust, or, facetiously, a sports team.

APOSTATE is One who has abandoned one's religious faith, a political party, one's principles, or a
cause.

APOSTASY in the LEGAL PROFESSION.


a. Denouncing members of the supreme court
b. Acts libelous to the courts
c. Appearing in a court 2years after execution of the FINAL JUDGMENT.
d. Lawyer filing Unintelligible and undecipherable petition.
e. Submitting Maliciously FALSified Documents while facing charges of Moral turpitude/
f. Making false assertion that his life is threatened by the opposing Litigant as GROUND for
Transfer of VENUE for hearing the case.
g. Lawyer who advises his client to escape prison because habeas corpus was denied.
h. Negligence in observing the reglementary period for the Right to APPEAL to the SUPREME
COURT(note it is when the appeal is to made in the supreme court, not just any other higher
courts). Knowing he has failed to file during the reglementary period , he WILL FILE a special
civil action for [1]review to circumvent the RULE in the hope that the court would fail to find out
he made a DUPLICITY of ACTION.
i. Lawyers who goes to court and ARGUE completely UNPREPARED.
j. Lawyers who lack candor and are intellectually dishonest when arguing before the court.
k. Lawyers who intentionally omit unfavorable or adverse facts in petitions to mislead the court.
l. Lawyers that Desperately intend to win cases BASED on Technicalities ONLY.
m. Lawyers who foist (foist:to pass on as worthy, correct but is in fact the opposite) BIZARRE
THEORIES upon the COURT.

7. What is a Lawyer’s duty to his Colleagues, Community and the Court?


To his community: He must be first to comply with the constitution and maintain allegiance to the
Republic of the Philippines. He must respect all laws made by congress and legal processes of the
Judiciary. He must avoid litigation for society’s sake.

2
Lawyers must be prepared to state their position publicly on matters involving MORAL or
ETHICAL ISSUES. Lawyers can lead by examples as MORALLY UPRIGHT professionals. They should
take the lead in opposing morally wrong or UNJUST Legislations or abusive acts of Public Officials.
Person s must be respected as an END and never a MEAN or Tool or instrument.
TO HIS COLLEAGUES: he must be courteous, fair, and CANDOR (CANDOR:freedom
from prejudice or malice ; FAIRNESS; unreserved, honest, or sincere expression). He must treat his fellow
lawyer on the opposing counsel with dignity and civility and use only language in his pleadings or
arguments as befitting an ADVOCATE. He should avoid all personalities or personal
peculiarities(peculiarity:A notable or distinctive feature or characteristic; An eccentricity; an idiosyncrasy)
and idiosyncracies (idiosyncracy:the composite physical or psychological make-up of a specific person)
of the adverse counsel.
A Lawyer should not encroach upon the employment of a fellow lawyer.
A Lawyer must be a MEMBER of the Integrated Bar of the Philippines.

Lawyer’s duty to his client. He must be devoted. He must not take any UNDUE advantage on his client.
He must account all money used. He must preserve clients confidential information. He MUST advice his
clients to avoid unnecessary LITIGATION.

8. What is the revolutionary Imperative of Lawyers in the Philippines?


No great improvement in the LOT(luck, lot from LOTtery) of mankind are possible, until a great change
takes place in the fundamental constitution of their modes of thoughts.

QUO VADIS lawyer.( Quo vadis? is a Latin phrase meaning "Where are you going?)
Lawyers have do not have a good perception in the public’s eye. Lawyers are perceived to be lower than
doctors, engineers, lawyers were ranked in the level of politicians and serial killers. Legal writers being
lawyers describe the legal profession as a medium of convenience and enrichment, a creature of the
market, a commodity. A defender of ESTABLISHED interests. A venal (venal: : capable of being bought
or obtained for money or other valuable consideration : PURCHASABLE; especially : open to corrupt
influence and especially bribery : MERCENARY <a venallegislator>)hodgepodge(HODGEPODGE:
a heterogeneous mixture : jumble <a hodgepodge of styles> ) [2]of trouble makers milking on the
public of hard earned wealth by preying on their troubles.
ON THE OTHER HAND, noble ideal LAWYERS are willing to risk their lives when necessary to assure
that JUSTICE is Done.

Lawyers thrive in TROUBLE and in CHAOS. Lawyers will in die in a society of social harmony. It is
likely that he himself will create TROUBLE and CHAOS. A lawyer may be thought of as a troublemaker
and then the TROUBLE-SHOOTER.

9. What is the Code of Responsibility for Lawyers? Lawyers shall not have any CORRUPT motive
or interest, encourage any suit or proceeding.[3]
Code of Responsibility for Lawyers
(LITIGATION: To engage in legal proceedings)
a. Volunteering advise to bring a lawsuit
b. Hunting up defects in titles or other causes of action in order to be employed for
LITIGATION.
c. Employing agents to Hunt for causes of action to be employed as a Lawyer for Litigation.
d. Paying reward to those that refer cases to him for litigation.

3
e. Paying Policemen, court or prison officials, Physicians, Hospital attaches in influencing the
criminal, the sick and the injured, the ignorant to EMPLOY HIM for Litigation.
f. Searching for unknown heirs for HIM to be employed for Litigation.
g. Initiating trouble in a club for them to contest CLUB by-laws and get him employed for their
litigation.
h. Purchasing notes(notes that could not be collected by lenders) to collect them by litigation at a
profit.
i. Initiating and Furnishing credit reports to Lenders that he could collect for them so he may be
employed for Litigation.
j. Agreeing with a purchaser of future interests to invest therein in CONSIDERATION of HIS
SERVICES.

10. GROUNDS for Disbarment


a. Deceit, Malpractice, Gross misconduct in office
b. Conviction of a crime involving moral turpitude
c. Grossly immoral conduct
d. Violation of the Lawyer’s oath
e. WILLFUL disobedience to LAWFUL ORDERs OF THE COURT
f. Corruptly appearing for a party without authority to do so
g. SOLICITATION of cases at law for the purpose of gain.

What is a Lawyer’s duty to an indigent?


A Lawyer must make his services available to POOR and financially disadvantaged people in the
PROCESS of their claims or defense of their rights EVEN if they are GUILTY.

Write the Lawyer’s OATH.


Lawyer's Oath
I, do solemnly swear that
1. I will maintain allegiance to the Republic of the Philippines,
2. I will support the Constitution and Obey the Laws as well as the Legal Orders of the Duly
constituted Authorities therein;
3. I will do no falsehood, nor consent to the doing of any in court;
4. I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same;
5. I will delay no man for money or malice,
6. and will conduct myself as a lawyer according to the best of my knowledge and discretion, with
all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of evasion. So help me God.

Вам также может понравиться