Legal Ethics – Prelim Exams 14December2018

1. Power point Slides up to Public Officials and the Practice of Law

MEMORIZE
2. Lawyer’s Oath
The Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines,

I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein;

I will do no falsehood, nor consent to the doing of any in court;

I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent
to the same;

I will delay no man for money or malice, 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.

3. Henry Black’s Practice of Law

Black defines "practice of law" as:
The rendition of services requiring the knowledge and the application of legal principles and technique to
serve the interest of another with his consent. It is not limited to appearing in court, or advising and assisting
in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions
and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all
legal advice to clients. It embraces all advice to clients and all actions taken for them in matters connected
with the law. An attorney engages in the practice of law by maintaining an office where he is held out to be-
an attorney, using a letterhead describing himself as an attorney, counseling clients in legal matters,
negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered
by his associate. (Black's Law Dictionary, 3rd ed.)

Means any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training and experience (LLKTE). “To engage in the practice of law is to perform those acts which are
characteristics of the profession.

Enumeration:
1. Six (6) Canons for Judges > I I I P E C&D
(Independence, Integrity, Impartiality, Propriety, Equality, Competence & Diligence)
Bangalore Draft of the Code of Judicial Conduct.
Intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries, the Bangalore Draft
is founded upon the following principles:
(1) a universal recognition that a competent, independent and impartial judiciary is essential if the courts are
to fulfill their role in upholding constitutionalism and the rule of law;

(2) that public confidence in the judicial system and in the moral authority and integrity of the judiciary is of
utmost importance in a modern democratic society; and

(3) that it is essential that judges, individually and collectively, respect and honor judicial office as a public
trust and strive to enhance and maintain confidence in the judicial system.

CANON 1 INDEPENDENCE
Judicial independence is a pre-requisite to the Rule of Law and a fundamental guarantee of a fair trial. A judge
shall, therefore, uphold and exemplify judicial independence in both its individual and institutional aspects.
CANON 2
INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office, but also to the personal demeanor
of judges.

CANON 3
IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself
but also to the process by which the decision is made.

CANON 4
PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

CANON 5
EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.

CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are pre-requisites to the due performance of judicial office.

2. 5 Constitutional Provisions referring to the Practice of Law and Observance of Legal Ethics
1. Art. 6, Section 14 – Legislative Department
Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including
any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his pecuniary benefit or where he may be
called upon to act on account of his office.

2. Art. 7, Section 13 – Executive Department

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their
office.

3. Art. 8, Section 5 (par 5) – Judicial Department; SC Rule Making Power

5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to
the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition
of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.

4. Art 9-A, Section 2 – Constitutional Commissions

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or control
of any business which, in any way, may be affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
5. Article 11, Section 8 – Accountability of Public Officers
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time
of their appointment, at least forty years old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective office in the immediately preceding
election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law
in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in
Section 2 of Article 1X-A of this Constitution.

3. The Four Requisites to Use the Title Attorney As laid down in Alawi v Alauya (Read Pineda)
The title of "attorney" is reserved to those who:
1. having obtained the necessary degree in the study of law and
2. successfully taken (passed) the Bar Examinations,
3. have been admitted to the Integrated Bar of the Philippines and
4. remain members thereof in good standing;
5. and it is they only who are authorized to practice law in this jurisdiction.

4. Three (3) principal Types of Professional Activity of a Lawyer in Ulep v Legal Clinic
In the practice of his profession, a licensed attorney at law generally engages in three principal types of
professional activity:
1. legal advice and instructions to clients to inform them of their rights and obligations,
2. preparation of documents for clients requiring knowledge of legal principles not possessed by ordinary
layman,
3. and appearance for clients before public tribunals which possess power and authority to determine
rights of life, liberty, and property according to law, in order to assist in proper interpretation and
enforcement of law.

When a person participates in a trial and advertises himself as a lawyer, he is in the practice of law. 15 One
who confers with clients, advises them as to their legal rights and then takes the business to an attorney and
asks the latter to look after the case in court, is also practicing law. 16 Giving advice for compensation
regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of
law. 17 One who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is, to
that extent, practicing law.