2) INDISPENSABILITY

INTRODUCTION 3)
4)
INFLUENCE
MERE KNOWLEDGE
1. INTRODUCTION TO LEGAL PROFESSION ARTICLE 152 (RPC): lawyers, in the actual
o Focus on the Legal Profession performance of their duties/on the occasion of such
o Great Leaders were Lawyers performance shall be deemed persons in authority
o Lawyering @ Century 21: Globalization, ICT and the Legal Profession Law profession OFFERS a 1 GOVERNMENT: (RA NO. 1080) lawyers enjoy
o The Legal Profession in the 21st Century: Survival or Extinction? wide range of opportunities first grade civil service eligibility & a lawyer
I
o Ready for the Bio-Age (OPPORTUNITIES)
in PUBLIC SERVICE, need not to take any other civil service
PRIVATE PRACTICE & examination
2. NATURE OF AN ATTORNEY
BUSINESS 2 CAREER ADVANCEMENT: military & police
3. LEGAL PROFESSION AS A SUBJECT personnel take it up for this as educational
o Legal Egos on the Loose advancement is one of the requirements for
o Path of the Law promotion under PNP Reform Act
3 BUSINESSES: occupies top executive positions
4. BRIEF LEGAL HISTORY OF LEGAL EDUCATION IN THE PHILIPPINES Lawyer’s services are INDISPENSABLE in a society
o Republic Act No. 7662, Legal Education Reform Act of 1993 where everybody deserves impartial treatment
The necessities—human
before the law.
rights, property rights & all
II complicated relations of the
INTRODUCTION TO LEGAL (INDISPENSABLE) life of civilized men renders
the legal profession
HONORABLE & ESSENTIAL.
Since every layman is ought to know the law, they are
INDISPENSABLE as their advice & assistance are
sought by the wealthy & the poor; the strong & the

PROFESSION
weak; the honest & the dishonest—all men & women
from all walks of life.
Complexity of his functions Lawyers are still being looked up to by the
 IGNORANTIA LEGIS NON EXCUSAT (Article 3 Civil Code) III
place him in a peculiar community with high esteem; leaders of the
situation of INFLUENCE in community; or someone whom they can ask for help
- A layman schooled or not is bound to KNOW that law as ignorance of the law excuses (INFLUENCE)
his continuous contact with (teachers, doctor, policeman, ordinary person,
no one from compliance therewith. a great variety of people. politicians)
o Premise: every man may JUSTIFIABLY ESCAPE from abiding the law by IV
Even those who are not
Would still want to have a background on it since
mere excuse of want of knowledge of the law which may later result to really bent on indulging on
(KNOWLEDGE) mere knowledge of it is certainly an advantage
law practice
CHAOS/ABSENCE OF RULE OF LAW in the society
- NOTE: the prestige of the law profession makes every family DESIROUS of having a
 It has been said that a community cannot long
lawyer in the clan; there are even some who already have one or few in the family but
endure without order & order cannot be attained
still want another member to follow their footsteps
without laws to govern the conduct of individuals.
o REASON: diverse opportunities awaiting him
- LEGAL PROFESSION: for this reason, is a very vital element in NATION BUILDING
 MISCONCEPTIONS ABOUT LAWYERS
since there is no PROGRESS without a rule of law.
1. THEY ARE BIG-MOUTHED CROCODILES WAITING FOR A PREY/ A JUDAS
 LEGAL PROFESSION
WILLING TO SELL HIS MASTER FOR SOME SILVER COINS.
1. BRANCH of administration of justice
o Admittedly, there are some disgrace to the profession, but they do not
o whose main purpose is to AID in the DOING OF JUSTICE
constitute the whole/greater majority & there is no profession that can
o according to law,
claim a hundred percent purity.
o between state & individual and between man & man
o Just like the religious profession, sometimes it is tainted with parasites &
 (why it is affected with public interest)
irregularities & misfits.
2. IMPRESSED with public interest with the END VIEW towards the administration of
2. THERE ARE TOO MANY LAWYERS IN THE COUNTRY THAT OUR NATION IS
justice.
FACING A BLANK WALL TOWARDS PROGRESS. If they cannot agree on a certain
o PARAMOUNT CONCERN: OBTAIN justice in the most EFFICIENT &
provision of law in view of their different opinions or interpretations, how could
EFFECTIVE WAY, unlike business concerned with profits
they agree on the appropriate program to be used for the country’s
3. MISSION to administer justice not only to those who have the capacity to obtain the
development?
services of a lawyer but to those deserving of justice but have less in life.
o Admittedly, there are misguided citizens; yet whatever they say & how
4. One of the NOBLEST, if not the noblest profession in the world.
erroneous it may be, the lawyer will always respect their right to say it as
 POPULARITY OF LAW
it is how he is trained for—to respect everyone’s freedom of expression.
- Law is a very popular career particularly in the country.
 TOTAL POPULATION OF LAWYERS
o FOUR (4) REASONS FOR THIS:
- 50, 000: at present are members in the roll of attorneys INCLUDING those who have
1) OPPORTUNITIES
died already.
1
 o 10-15%: engaged in private practice - PEGGY KUO: Justice Mendoza came across this young Harvard Law School graduate,
- Most of those who entered the bar enter either: who is one of the prosecutors in the International Criminal Tribunal for the former
1) GOVERNMENT SERVICE Yugoslavia
2) ACADEME o She was successful in persuading the judges to consider the rape
3) BUSINESS/CORPORATE WORLD committed by Bosnian Serbs against Muslim women during the Bosnian
o Those engaged in private practice are usually based in METRO MANILA & war as a war crime
other FIRST-CLASS CITIES/MUNICIPALITIES & only few can be found in o In an interview with Time Magazine, she said that sometimes when you’re
remote places talking to them you just have to cry, and it is OK, it is part of the work—and
 IMPORTANCE OF LEGAL PROFESSION then you just have to move on.
1. VITAL ROLE TO PLAY IN NATION BUILDING o Getting immersed in the case if one’s client & then withdrawing from the
2. INDISPENSABLE ELEMENT OF OUR SOCIETY emotional experience as a necessity for maintaining one’s independence is
not one’s balance.
4. A related aspect of independence of the bar is its AUTHORITY over the DISCIPLINE of
FOCUS ON THE LEGAL its members.
o While the ultimate responsibility for the discipline of lawyers rests in the

PROFESSION
JUSTICE VICENTE V. MENDOZA
 ROLE OF LEGAL PROFESSION IN OUR NATIONAL LIFE
- Recent Senate impeachment trial of President Estrada focused our public attention to
this & thanks to the media coverage of this event, the public was afforded an INSIGHT
as to the workings of this profession regarded as an esoteric calling.
o Its language, methods of proof, traditions & culture caught the popular
imagination; however, as it brought the triumphs of the legal profession, it
also brought its shortcomings.
 STANDARDS ON HOW PERFORMANCE BE JUDGED
- Like medicine & ministry, it is a SERVICE PROFESSION that must be measured by:
1) INDEPENDENCE
2) ACCESSIBILITY
3) LEARNING
 INDEPENDENCE
1. A lawyer’s relation to his client ENTAILS ethical problems.
o Lawyers are NOT hired guns out to do their client’s bidding.
o Lawyers are professionals who must conduct themselves in a professional
way.
2. A lawyer owes entire devotion & loyalty to his client.
- But this devotion & loyalty is WITHIN THE BOUNDS OF HONOR.
- CODE OF PROFESSIONAL RESPONSIBILITY: a lawyer must represent his client with
zeal within the bounds of the law
- JUSTICE BRANDEI: advice to young lawyers was that they should have clients than be
somebody’s lawyers.
3. Involvement of lawyers in their client’s causes should NOT make them oblivious to
the cross currents of competing claims.
- Get immersed in their clients & cases but NOT drown themselves into these
- Get involved in the cases, lest they become DETACHED & COLDLY DISPASSIONATE,
but they must learn to get out of the experience so to speak lest they become
BEMUSED & SENTIMENTAL.
Supreme Court, the screening function of the bar allows for judgment by
one’s peer that in the process promotes the independence of the bar.
o It is the Integrated Bar of the Philippines (IBP) & its chapters that
undertakes the investigation of the erring members—enabling lawyers to
police their own ranks.
 ACCESSIBILITY
- How readily available are its SERVICES to our people?
o Not only maintenance of legal aid clinics for indigent persons, important
as this aspect of the work of the organized bar is.
1. LEGAL SERVICES MUST BE AVAILABLE TO ALL.
- Those deserving of legal aid:
1) Indigent persons
2) Financially capable of paying in full of the services of a lawyer
3) Unable to pay in full but nonetheless cannot be considered indigent
persons
- Why do financially able people would need help?
o They often don’t know whom to engage as counsel & thus need a reliable
system of referral, which a bar organization should provide.
o Often, a balikbayan needs referral service either because he has
1) Lost contact with local people from having lived in abroad so
long
2) His problem involves complex questions such as estate
planning & taxation
2. LEGAL SERVICES MUST BE MADE AVAILABLE AT THE EARLIEST POSSIBLE TIME—
not when a case was already in court.
- Need for preventive legal counseling, such as there is a need for preventive medicine
o So that parties will be saved from the TROUBLE, EXPENSE & ANXIETY of
litigation
o Such services can range from the drafting of contracts to the making of
wills
3. READINESS OF ITS MEMBERS TO ENGAGE IN PUBLIC SERVICE.
- One proud tradition of the bar in this country is it has been the source of leadership
in our government

2
 o Despite the financial opportunities offered by the private practice, many 3) CONGRESS MEMBERS
lawyers have chosen government service—vindicating the legal 4) JUDICIARY MEMBERS
profession as one “charged with public duties & responsibilities” o After they cease to hold office, they will, like any other member be required
o Lawyers must be able to shuttle between private practice & government to comply with the MCLE.
service—enjoying the financial privileges of the former & the civic - Other certain individuals that may be exempted:
rewards of the latter 1) THOSE NOT IN LAW PRACTICE
- PUBLIC SERVICE: although admittedly short on monetary gains poses a unique 2) THOSE RETIRED FROM LAW PRACTICE
challenge to a lawyer’s integrity as well as his competence & ability and offers - PARTIAL CREDITS: may be earned from certain activities such as seminar attendance,
psychic benefits that go beyond pesos and centavos conferences & the like acting as a lecturer, resource person, communicator, writing
 LEARNING books & teaching
- CODE OF PROFESSIONAL RESPONSIBILITY: a lawyer must serve his client with - PARTING NOTES
competence & diligence - Opinion are the IMPLICATIONS of the recent impeachment trial—for beyond its
o But a BAR to be able to discharge its public duties & responsibilities must political importance to the nation, it also has its lessons for the bar.
be a learned organization. o Correction must come from WITHIN more than from without, our
- Challenges brought about by the growing complexity of our society—challenging profession.
our commitment to excellence whether as members of the practicing bar, or the - Continuing legal education alone CANNOT make the legal profession a learned
academic branch of the profession: profession.
1) PROLIFERATION OF LEGAL MATERIALS o We must know much more than specialized skills & technical rules of our
2) EMERGENCE OF NEW SPECIALTIES IN LAW craft.
 MANDATORY CONTINUING LEGAL EDUCATION (MCLE) - Bar must be able to communicate to the public its AIMS & PURPOSES; able to explain
- Due to this tremendous development in law, the Supreme Court recently adopted this to lay people the laws & regulations in clear, simple & understandable language so
for its IBP members wherein they are REQUIRED to undergo: the public respect will be fostered.
o every three (3) years at least thirty-six (36) hours of legal education:
1. (9) RECENT DEVELOPMENTS IN SUBSTANTIVE & PROCEDURAL LAWS
2.
3.
(6) LEGAL ETHICS
(5) ALTERNATIVE DISPUTE RESOLUTION
GREAT LEADERS WERE
4.
5.
6.
(4) TRIAL & PRE-TRIAL SKILLS
(4) LEGAL WRITING & ORAL ADVOCACY
(2) INTERNATIONAL LAW & INTERNATIONAL CONVENTIONS
LAWYERS
ATTY. LEON L. ASA
o A balance of six (6) hours will be devoted to such subjects as prescribed by  GREATEST LEADERS WERE LAWYERS
MCLE Committee. You may chain my hands, you may shackle my feet,
- MEMBERS OF THE MCLE PROGRAM COMMITTEE (5) you may even throw me into a dark prison; but you
1. Chairperson (Retired Supreme Court Justice) shall not enslave my thinking because it is free
2. Nominated by IBP (Khalil Gibran)
3. Nominated by Philippine Judicial Academy - It is a glowing tribute to the legal profession that a number of the world’s great leaders
4. Nominated by Law Center were lawyers.
5. Nominated by Association of Law Schools &/ Law Professors 1) Lawyers, as a class, embody the NOBLEST IDEALS OF courage, justice & public service.
- LEGAL EDUCATION ACTIVITIES: will be held EITHER by o They are always at the forefront in times of national crisis; by reason of
1. Providers approved/certified by MCLE/ their all-embracing profession in the affairs of men, people look up to them
2. Those required by law to give continuing legal education especially in times of great political & constitutional crises as these noble
 FAILURE TO COMPLY men would fearlessly sacrifice their lives & fortunes for the cause of
- Those who will fail to comply without satisfactory explanation will be required to pay freedom & public duty.
“NON-COMPLIANCE FEE” & considered DELINQUENT MEMBERS of the bar subject to 2) Many of the constitution were framed by national leaders which are mostly lawyers
disciplinary action by Supreme Court & IBP Board of Governors. & the fight for independence in several instances has always been relentlessly
 EXEMPTIONS pursued by lawyer leaders.
- Provided for certain individuals by reasons of their positions in government & quasi- o 1935 Constitution, Declaration of Independence & India’s long fight for
public institutions: independence through non-violence
1) PRESIDENT  FIVE (5) LAWYERS (famed lawyers who became great national leaders & pride of the
2) VICE-PRESIDENT legal profession)
3
1. MAHATMA GANDHI for lively & provocative exchanges of insights & concerns about the current
2. PRESIDENT ABRAHAM LINCOLN drift & direction of law practice & law profession.
3. PRESIDENT THOMAS JEFFERSON - NEW MILLENNIUM: already crossed & we are now in the world of revolutionary
4. PRESIDENT MANUEL L. QUEZON change—so intimately interconnected by information technology of CONSTANT
5. PRESIDENT JOSE P. LAUREL QUALITATIVE UPDATING, REINVENTING & RESTRUCTING of philosophies &
 MAHATMA GANDHI practices as it is the only viable alternative to a future professional life of unqualified
- Greatest leader of India & undeniably one of the top world leaders who NEVER irrelevance & obsolescence
occupied any public office but nonetheless was a DEDICATED LAWYER who devoted - THIRD MILLENIUM: opened with legal profession being confronted with host of
his lifetime fighting for the independence of his country & people under the British challenges due to the advent of information technology & impact on laws & courts;
Rule. public disenchantment over delivery of justice & continued attacks on judicial
- UNIVERSITY OF LONDON: studies & received early training in law in the Inns of Court independence; rising costs of litigation & inadequate delivery of affordable legal
due to an advice from a family friend; he pawned his wife’s marriage jewels for money services to the poor & the middle class; tolerated the practice of law by non-lawyer
& with his brother’s help went to England professionals who principally engage & compete with bonafide lawyers in taxation
- 1981 INDIA: after law studies he went back to practice law but refused UNJUST CASES proceedings, domestic relations, documentations & conveyancing, legal research, etc.
& soon built up a lucrative clientele with an average income of $25, 000 a year but he o WAKE UP, GEAR UP & SHAPE UP
gave it up for a cause—the case of the OPPRESSED AGAINST INJUSTICE of the  COMPUTER TECHNOLOGY
oppressors According to futurist Jennifer James; has dramatically changed our work habits;
- 1983 SOUTH AFRICA: which was under British control & he was abused because he o We can retrieve data at unprecedented rates
was an Indian claiming his rights as British subject; upon seeing this he abandoned o We can consult colleagues without leaving home/office
his law practice & devoted 21 years of his life in South Africa to work for Indian rights o We can represent clients via telephone/office
o INDIAN OPINION: edited this weekly newspaper in South Africa o We can employ computer as our receptionist & secretary handling phone
o SATYAGRAHA: began to experiment this non-violent action that promoted calls, messages, work processing, scheduling, research assignments & etc.
many civil disobedience, campaigns & strike organizations among Indian - INTERACTIVE VIDEO CONFERENCING: through satellite transmission can facilitate
miners where he was arrested many times by the British, but his efforts delivery of testimonies & save considerable trial time & travel expenses
brought about important reforms o Transcript of stenographic notes; will be available after trial
- 1915 INDIA: within five (5) years he became leader of the Indian Nationalist o Traditional paper flow; will be pre-emoted by speed of light transmission
Movement & continued his non-violent disobedience to British rule until World War  RELATIONSHIP TO BENCH & BAR
II - Lawyers shall take a concerted stand in helping reduce the attacks on judges &
judiciary by standing up & speaking out in defense of judicial independence
o Bar possesses OBLIGATION to espouse actively the need of the judiciary to
LAWYERING @ CENTURY 21 be truly left alone & to ensure that judges & courts are free from
intervention
ATTY. JOSE VICTOR V. CHAN GONZAGA - We have to grow as a professional organization.
 ROLE OF LEGAL PROFESSION IN OUR NATIONAL LIFE o GROWTH: process of change & transformation; turning back from the
- Recent Senate impeachment trial of President Estrada focused our public attention to detritus of old practices & methodologies that no longer work in a rapidly
this & thanks to the media coverage o changing environment
 INDIAN TRIBAL WISDOM

THE LEGAL PROFESSION IN THE - When you are riding a dead horse, the BEST STRATEGY is to DISMOUNT.
o A lesson lawyers must learn; we shouldn’t be afraid to dismount & we
shouldn’t ignore the fact that you are riding a horse that is dead, as we
21ST CENTURY usually try to use other strategies such as buying a new whip, arguing that
this is a way we have always ridden it, appointing a committee to study the
SENIOR ASSOCIATE JUSTICE JOSE N. BELLOSILLO horse etc.
 INTRODUCTION - HOW TO DISMOUNT? BE VISIONARIES
- This was a speech by Senior Associate Justice Bellosillo as Guest Speaker on the o We need to envision our future without relying too much on the past.
Induction of New Officers of the Capiz Chapter, Integrated Bar of the Philippines o We must determine our CORE COMPETENCIES which covers:
whom he was President from 1961-1972. 1) COMMUNICATION SKILLS
o According to him, inaugural affairs such as this are occasions for 2) LOGIC & REASONING
congeniality & fraternization among lawyers as well as an excellent means 3) INFORMATION GATHERING

4
 4) DATA ANALYSIS - JUNE 11, 2001: Philippine Supreme Court celebrated its centenary
o We must be able to identify our CORE SERVICES; o Hundred years ago, the Second Philippine Commission established
1) Services that have real value to our clients & ourselves Supreme Court & lower courts
2) Services that are performed not only for material profit but for 1) COURTS OF FIRST INSTANCE
intrinsic value to the individual & community 2) JUSTICE OF PEACE COURTS
o We must study TRENDS—both global & professional o tasked by the US government with the mission of setting up a civil
1) INFO-GLOBALIZATION OF LAW government to replace military group that took control after the Philippine
2) COMMERCIALIZATION OF LAW Islands were CEDED by Spain  United States (1898 Treaty of Paris)
3) SOCIO-CULTURE ASPECT OF LAW ending the Spanish-American War
4) POLITICIZATION OF LAW - BEFORE 1901: there had been courts in the country established by US Military &
 PARTING WORDS Spanish Conquistadores for 400 years
- BE VISIONARIES & BLAZE A TRAIL. o 1901: only recognizes the founding of the Supreme Court at this year as it
o We need to blaze a trail & need to reinvent ourselves & step out of the was that year that a tribunal which enjoyed judicial independence was set
frame. up.
- When there is no path; blaze a trail. o Independent of the executive & legislative
o We need a new vision of intelligence & intelligence of vision that will lead o 1946: until this time, its decisions were APPEALABLE to the US Supreme
us to question our usual assumptions; to rein in our judgments & take a Court but it ceased when the US withdrew its sovereign claims over our
fresh look at law. country
 INDEPENDENT (3)
1. Exercises powers & make decisions NOT REVIEWABLE by any other entity/agency of
READY FOR THE BIO-AGE 2.
government.
FISCAL INDEPENDENCE guaranteed by Constitution & Congress cannot decrease
ARTEMIO V. PANGANIBAN judicial appropriations given the previous year.
 JUSTICE CLAIRE L’ HEUREAUX-DUBE (Canadian Supreme Court) 3. Members of the judiciary enjoy SECURITY OF TENURE up to age 70 & SECURITY OF
- Spoke eloquently of the judicial & constitutional globalization brought by many new COMPENSATION, both which cannot be reduced by Congress & President. Members
paradigms being faced by the judiciaries of the Supreme Court may only be removed from office by impeachment.
- Gave two (2) concrete case samples:  POWERS OF THE SUPREME COURT (5)
1. HARVARD MOUSE - Constitution granted judiciary independence & also vast powers & heavy
2. MONSANTO’S CANOLA responsibilities
 VARIOUS CHALLENGES TO COURTS 1. REVIEW OF ORDINARY APPEALS from judgment of lower courts
1. DEREGULATION, LIBERALIZATION & PRIVATIZATION: 2. EXTRAORDINARY REVIEW—by writ of certiorari; act of any agency/government
o these new policies are breaking down traditional sovereign borders & including Presidency & Congress on ground of grave abuse of discretion which may
shrinking the world into a borderless global village consist of (2):
o judiciaries have to adjust their attitude towards the old modes of 1) VIOLATION OF CONSTITUTION/LAWS OF JUDICIAL DOCTRINES
protectionism (tariffs, import quotas, currency control, tax havens & tax 2) WHIMSICAL/ARBITRARY ACTION arising from manifest bias/personal
incentives)—giving way to free trade (World Trade Organization) animosity of such gravity as to deprive the losing party of DUE PROCESS
2. THIRD WAVE OF MICROCHIPS & MODEMS, INTERNET & BROADBAND FIBER OPTICS 3. ADMINISTRATIVE SUPERVISION of all lower courts with SOLE POWER to discipline &
o Have altered & continue to alter traditional concepts of accumulating vast dismiss judges
wealth 4. CONTROL OF ADMISSION TO THE PRACTICE OF LAW & DISCIPLINE OF ERRING
o New paradigms of commercial & political preeminence; manufacture & sale LAWYERS
of products; rendering of services; exploitation of natural resources; 5. PREPARATION & PROMULGATION OF RULES OF PROCEDURE & EVIDENCE IN ALL
exploration & use of knowledge COURTS (Congress cannot increase jurisdiction of the SC without its consent)
3. NEW SCIENCES OF GENOMICS, GENETIC ENGINEERING, BIOTECHNOLOGY  READINESS OF THE PHILIPPIN JUDICIARY (5)
o The most daunting of these 21st century challenges as they affect not just - In meeting the challenges of biosciences & biotechnology:
our material concerns but our more intimate & challenging concepts of 1. BY CERTIORARI & ORDINARY REVIEW POWERS
health, longevity, human wellness, ethnics, morality & very-cause & 2. BY RULE-MAKING POWER
essence of life 3. BY ADMINISTRATION OF BAR EXAMINATIONS
o Mega-shifts in ways of discovering & processing truth & matters that will 4. BY POWER TO DISCIPLINE LOWER COURT MAGISTRATES
radically affect judicial dispensation 5. BY ITS JUDICIAL INDEPENDENCE
 PHILIPPINE RESPONSE TO THE CHALLENGES OF BIOSCIENCES
5
 Able in appropriate cases to pass upon the actions of all government o Lawyer must do is best in the administration of justice as the legal
agencies involved in science, health & technology (DOH, DOA, BoP, DFA)
CERTIORARI & ORDINARY profession is a branch of the administration of justice & NOT a mere
It can on constitutional grounds void laws & executive orders dealing
REVIEW POWERS
with abortion, cloning, genetic, testing, privacy & confidentiality moneymaking trade
concerns & consequences of biotechnology o He is duty bound to be true to the court & to his client; manage the business
Can promulgate rules on DNA fingerprinting, using genes as evidence & of his client with CARE, SKILL & INTEGRITY; keep his client informed as to
admission of biotechnology & genetics as evidence.
RULE-MAKING POWER
Court is already drafting rules on electronic evidence & will soon prepare
the state of his business & keep is secrets confided to him as such
rules of procedure in genetics & biotechnology cases o NOTE: an attorney is NOT an INSURER of the result of the case he is
ADMINISTRATION OF BAR
Influences directly the curricula of law schools & through the Philippine employed
Judicial Academy, its education arm & continuing legal education for - OFFICER OF THE COURT: although he has been defined sometimes as employed by a
EXAMINATIONS
judges & quasi-judicial officers
POWER TO DISCIPLINE LOWER Assures uniform application of genetic & bioscientific principles to ethics
party in a cause to manage the same for him, it has been held that the lawyer is ABOVE
COURTS & legal & social doctrines ALL an officer of the court
It can enter into bilateral & international agreements with the judicial o Not an easy task; to be an advocate of justice, he should be the DEFENDER
JUDICIAL INDEPENDENCE authorities of other countries without need of approval of any other of the oppressed & his talents shall aim at the administration of justice
agency/government.
regardless of political, social, economic & religious stations in life of party-
 EPILOGUE: NEW WAYS OF DISCOVERING TRUTH
litigants & though employed by a party in a cause to manage the same for
- NOVEMBER 13, 2000: Time of Magazine
him, he is NOT a part of the cause.
o In United States 80 convicts by final judgments have later been exonerated
o He should dissociate himself from the facts of the case & keep himself
because subsequent DNA evidence had shown that they were completely
beyond the influences of the litigants simply because his primary purpose
innocent at that time
is to STAND BY THE TRUTH.
o If this had happen to the US, the most technologically advanced nation in
- BUSINESS: not resorting to foul tactics & outright falsehoods to mislead public &
the country; then this situation could’ve been happening also in the
court—but to carry on the practical & formal parts of the suit to the best of his ability,
country
to help clarify matters & proclaim what is right
- The availability of new breakthroughs in science & technology & positive response of
 FIRST OF ALL, THERE SHOULD BE AN AUTHORITY
the judicature should make us MORE CONDIDENT in the future & mistakes in the
- Authority of an attorney COMMENCES with his retainer.
discovery of truth can be minimized, it not totally avoided
o After he has been retained in a case, he has certain implied powers therein.
- PRESUMPTION: attorney has authority to appear; if the person he appears for does

NATURE OF AN ATTORNEY 
-
NOT disclaim his authority, he is deemed BOUND by the attorney’s actions/inactions.
MEMBERSHIP IN THE BAR
An EXACTING RESPONSIBILITY; privilege burned with conditions
 ATTORNEY/ADVOCATE/COUNSEL
- “Attorney”: o Imposes at the very least the OBLIGATION of ATTENDING with due zeal &
o inherent element in our judicial system diligence to a client’s cause
o one who AIDS in the administration of justice o Attorney is NOT expected to know all the laws & he may NOT be disbarred
o person set apart by the laws of the land relating to the high interest of for an honest mistake/error
property, liberty & life
o class of persons who are BY LICENSE, constituted officers of courts of
justice
 EMPOWERED to APPEAR & PROSECUTE and/or DEFEND
LEGAL PROFESSION AS A

someone;
whom peculiar duties, responsibilities & liabilities are DEVOLVED SUBJECT
by law in consequence  LEGAL PROFESSION AS A SUBJECT
- “Attorney at law” - Prospective lawyers shall be INDOCTRINATED as to the real ESSENCE, SPIRIT &
o One acting professionally in legal formalities, negotiations, proceedings by PURPOSE of the legal profession before being admitted to it; thus, law students are
warrant/authority of his client being introduced to the real concept of legal profession in their very first semester in
o Quasi-officer of the court subject to regulation law school.
 ATTORNEY/ADVOCATE/COUNSEL - BEGINNING OF LEGAL EDUCATION IN PH: importance of teaching the real NATURE,
- ADMINISTRATION OF JUSTICE: first & foremost duty of a lawyer PURPOSE & MISSION of the legal profession has NOT been given much attention as
o Duty to client is just subordinate to that the emphasis was preponderantly bar-oriented.

6
 o REAL GOAL OF LAW SCHOOLS: prepare students for the practice of law & o Hungry rat came upon a wooden crate filled with corn & he had to squeeze
be responsible community leaders & effective administrator of justice his body to fit through the tiny hole.
assumes only SECONDARY IMPORTANCE. o He ate the corn until he could eat no more as he was afraid someone will
 1989 LAW CURRICULUM come and get his corn.
- approved by the Department of Education, Culture & Sports o He ate so much his once tiny body couldn’t fit the tiny hole any more so he
- Additional significant courses were added to stress the moral responsibility of was trapped there crying for health.
lawyers & to introduce them the ethical & moral obligations of a lawyer to the COURT, o A weasel came and said ‘you have eaten much more than you really needed,
CLIENT, COLLEAGUES IN THE BAR, & SOCIETY: haven’t you?’ and left the rat in his dangerous predicament.
1) LEGAL PROFESSION
2) LEGAL COUNSELING
3) PROBLEM AREAS IN LEGAL ETHICS PATH OF THE LAW
OLIVER WENDELL HOLMES
LEGAL EGOS ON THE LOOSE 
-
COMMON LAW
England is a common law jurisdiction & Holmes was an English jurist
MIKE PAPANTONIO  REASON WHY IT IS A PROFESSION
 INTRODUCTION - In society like ours, the command of public force is TRUSTED to the judges in certain
- In researching for his new book about the unhealthy effects of ambition & ego in the cases & the whole power of the state then shall be put forth to carry out their
legal profession, he sent a questionnaire to more than 500 lawyers throughout judgments & decisions
America  OBJECT & MEANS & PROCESS OF THE STUDY
o Found out that on the whole, they are DISSATISFIED with what they have - OBJECT: prediction; the prediction of the incidence of the public force through the
& are striving for more. instrumentality of the courts
 70% (did not feel financially secure & weren’t sure they ever o Predictions; finite body of dogma which may be MASTERED within a
would) reasonable time—manageable if you distill the legal principles behind that
 40% (of that group had $150,000-300,000 income) - MEANS: by body of reports, treatises & statutes
 90% (ambition within our profession clearly has potential of o Oracles of the law: settled prophecies of the past which jurisprudence
being addictive) busies itself
- KEN KEYES: addictive ambition - PROCESS: process is one;
o Flows from the desire to obtain MORE SECURITY & POWER than what we 1) Lawyer’s statement of case
really need 2) Eliminating all dramatic elements with his client’s story
o We are UNSATISFIED with acquiring enough money for our retirement 3) Retaining only the facts of legal import
years & programs ourselves to believe that having ENOUGH is only when 4) Final analyses & abstract universals of theoretical jurisprudence
we have MORE than the other guy - NOTE: always DISTILL body of jurisprudence from body of law
o We are driven by visions of place we want to occupy someday  LEGAL DUTY
- TYPE A OVERACHIEVERS: positive spin is that we’re highly motivated feel a sense of - Nothing but a prediction that if a man does/omits certain things; he will be made to
pride if we’re referred to as MOVERS/SHAKERS/RAINMAKERS/MASTERS OF THE SUFFER in this/that way by a judge of the court
GAME.  BAD MAN
 SIX (6) UNFLATTERING TRAITS - He only cares for the material consequences & has no conscience & no morals. Has
1. WILLINGNESS TO DEFER ENJOYMENT OF POSSESSIONS they now have while they much reason as a good one for wishing to AVOID an encounter with the public force.
work to obtain more/bigger possessions. o Here you can see the practical importance of the distinction between
2. UNCONTENTMENT until their family, friends & peer acknowledges their morality & law
achievements.  LAW & MORALITY
3. RAISE EXPECTATIONS once they excel; of what they have to achieve/accomplish next. - Law is the witness & external deposit of our moral life; if not apart from morality, is
4. WORKING toward a point when they believe they won’t have to answer to any higher LIMITED by it
authority/when they are secure & powerful enough to SNUB & IGNORE the rest of the o NOTE: law arises not from morality but from experience
world. (human tradition & changes to the times)
5. LOSE SIGHT of intrinsic value of aspect of life like friends & family. LAW MORALITY
1. SYSTEM OF REASON
6. ME-VS.-THEM ATTITUDE as they compete for bigger share of security/power. 2. DEDUCTION from principles of 1. ACTUAL INTERNAL STATE OF MIND
 WISDOM OF THE WEASEL ethics/admitted axioms 2. LAW NOT ARISING FROM THIS but can LIMIT it
- Another less positive spin on the Type A lawyer; The Rat & the Weasel (Aesop) 3. PROPHECIES of what the courts will do

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 4. NOTION OF LEGAL DUTY is contained here - What the law says & based on law not morality
o Happiness: we all want happiness but cannot be won simply by being 1) DO NOT CONFUSE LAW & MORALITY
counsel for great corporation & having an income so high 2) FALLACY OF LOGIC
- LAW OF CONTRACT: nowhere the confusion between legal & moral ideas more o Fallacy of logic; that the only force at work in the development of law is
manifest than this logic
o Primary rights & duties are invested with a mystic significance beyond - SINGLE END: learning & understanding the law
what can be assigned & explained - SOCIAL END: aimed at by a rule of law is obscured & only partially attained in
 TWO (2) INSIGNIFICANT LEGAL DOCTRINES consequence of the fact that the rule owes its form to a gradual historical development
Both of which might be abolished without much disturbance instead of being reshaped as a whole with conscious articulate reference to the end
1. Contract to do a prohibited act is UNLAWFUL in view
2. If one of two/more joint wrongdoers have to pay all the damages, he can NOT o MONEY: most immediate form & proper object of desire
recover contribution from his fellows o FORTUNE: measure of intelligence
 FORCES WHICH DETERMINE THE CONTENT & GROWTH OF LAW o HEGEL: it is the opinion, not the appetite which has to be SATISFIED in the
- AUSTIN, HOBBES & BENTHAM: all law emanates from the sovereign end; it is the command of ideas, not money which shall be the far-reaching
1) LOGIC form of power
2) HISTORY  TO GAIN A LIBERAL VIEW OF YOUR SUBJECT:
3) TRADITION o Not to read something else but get to the bottom of the subject itself.
4) THEORY 1. FOLLOW the existing body of dogma into its highest generalizations by the help of
5) JURISPRUDENCE jurisprudence;
6) LEGISLATION 2. DISCOVER from history how it has come to be what it is
7) LANGUAGE 3. CONSIDER the ends which the several rules seek to accomplish,
8) EXPERIENCE o reasons why those ends are desired;
9) ECONOMICS o what is given up gaining them &
 Training of lawyers is training in logic o whether they are worth the price
LOGIC  Language of judicial decision is the language of logic
 Logical argumentation is what the law is about
 HAPPINESS
 Rational study of law is to a large extent a study of history & the - We cannot all be Descartes or Kant but we all want HAPPINESS.
latter necessarily plays in the intelligent study of law today o Happiness: cannot be won simply by being counsel for great corporation &
HISTORY  MAN OF PRESENT: blackletter man having an income of fifty thousand dollars
 MAN OF THE FUTURE: man of statistics & master of economics o An intellect great enough to win the prize needs other food besides
 Law of contract is found full of history
TRADITION  Overrides traditional policy
success—find your own bliss & passion
 Most important dogma of the law
THEORY

BRIEF HISTORY OF LEGAL
The subject & not the practical details
 Simply law in its most generalized part
 Application of the broadest rules/general principles of law
JURISPRUDENCE
 Precedent when it is a collection already


Language of judicial decision is mainly the language of logic
Desirability of peace is unlikely to come without the aid of
EDUCATION IN THE PHILIPPINES
legislation  FOUR (4) SOURCES OF PHILIPPINE LEGAL EDUCATION
 Evolutionist will hesitate to affirm the universal validity of
LEGISLATION
social ideals & principles that he thinks should be embodied in
1. SPAIN (Roman Civil Law & Canon Law)
legislation 2. UNITED STATES (English Common Law)
 Need to weigh its ends in the present political economy 3. INDO-MALAYAN (Islamic Law)
 Law is full of phraseology drawn from morals & by the mere 4. PHILIPPINES (Code of Kalantiao)
force of language it continually invites us to pass from one
LANGUAGE  LEGAL EDUCATION IN THE PHILIPPINES
domain to the other without perceiving it, as we are sure to do
unless we have the boundary constantly before our minds  FACULTY OF CIVIL LAW
 1734-1800; only 40 students graduated in its various
 Law arises from experience in human tradition & changes to the
EXPERIENCE 1733 law programs out of 3, 360 students
times
UNIVERSITY OF SANTO TOMAS o Bachelors of Civil Law (29)
 Lawyer should ought to seek an understand of this especially in
o Licentiate in Civil Law (8)
ECONOMICS the present divorce between the schools of political economy &
o Doctor of Civil Law (3)
law
1898  MALOLOS, BULACAN  TARLAC
o ONE MARK OF A GREAT LAWYER: application of the broadest rules UNIVERSIDAD LITERIA FILIPINAS  Courses in law & notary public
 LIMITS OF THE LAW
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 1899  LEGAL EDUCATION REFORM ACT OF 1993 (Approved December 23, 1993)
ESCUELA DE DERECHO DE MANILA
 Founded by Don Felipe Calderon, author of 1899 Malolos - AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE

1924
Constitution PURPOSE A LEGAL EDUCATION BOARD & FOR OTHER PURPOSES
MANILA LAW SCHOOL o DECLARATION OF POLICIES: since it is the policy of the state to uplift the
 COLLEGE OF LAW standards of legal education in order to PREPARE law students, to INFUSE
1910  50 Filipino & American Students them the ethics of the legal profession, to IMPRESS on them the importance
UNIVERSITY OF THE PHILIPPINES  DEAN: Justice Sherman Moreland (SC)  George A.
Malcolm (SC) of nobility & dignity of the equal profession as an equal & indispensable
1915 (PHILIPPINE LAW SCOOL) partner of the bench in the ADMINISTRATION OF JUSTICE &
1918 (UNIVERSITY OF MANILA COLLEGE OF LAW) DEVELOPMENT OF SOCIAL COMPETENCE
1934 (FAR EASTERN UNIVERSITY IN)  GENERAL & SPECIFIC OBJECTIVES
1935 (SOUTHERN COLLEGE OF LAW) GENERAL (4) SPECIFIC (6)
1938 (ARELLANO LAW COLLEGE)
1. IMPORT a broad knowledge of the law & its
1940 (FRANCISCO LAW SCHOOL) various fields & legal institutions among
 CHANGES & EVOLUTION IN THE PHILIPPINE LEGAL EDUCATION students
 HIGH SCHOOL DEGREE 2. ENHANCE their legal research ability & enable
1911  TWO (2) YEAR COLLEGE STUDIES (later) them to analyze, articulate & apply the law
 THREE (3) YEAR LAW COURSE effectively & have a holistic approach to legal
 FOUR (4) YEAR BACHELOR’S DEGREE IN ARTS & SCIENCE 1. PREPARE students for the practice of law problems & issues
 FOUR (4) YEAR LEGAL STUDIES /BACHELOR OF LAWS— 2. INCREASE AWARENESS among members of 3. PREPARE law students for advocacy
emphasizing: the legal profession, the needs of the poor, counselling, problem-solving, decision-making
1) CIVIL LAW deprived & oppressed to develop their ability to deal with recognized
2) CRIMINAL LAW 3. TRAIN persons for leadership legal problems of the present & the future
3) COMMERCIAL LAW 4. CONTINUE the promotion & advancement of 4. DEVELOP COMPETENCE in any field of law for
4) LABOR LAWS justice & improvement of its administration to gainful employment/sufficient foundation for
5) LEGAL ETHICS & PRACTICAL EXERCISES the legal system & legal institutions in the light future training beyond the basic professional
6) LAWS ON PUBLIC CORPORATION & PUBLIC OFFICERS of the historical & contemporary development degree & help them develop the desire and
1960 7) POLITICAL LAW of law in the country & in other countries capacity for continuing study & self-
(RULE 138 SECTION 6) 8) PUBLIC & PRIVATE INTERNATIONAL LAW improvement
9) REMEDIAL LAW 5. INCALCULATE in them ethics & responsibilities
10) TAXATION of legal profession
 Curriculum also contained non-bar subjects: 6. PRODUCE lawyers who conscientiously pursue
1) LEGAL HISTORY the lofty goals of their profession & to fully
2) LEGAL BIBLIOGRAPHY adhere to its ethical norms
3) LEGAL RESEARCH  SEVEN (7) RELEVANT SECTIONS
4) LEGAL MEDICINE Creates the Legal Education Board (LEB) attached solely for budgetary purpose &
5) STATUTORY CONSTRUCTION administrative support from the DEPARTMENT OF EDUCATION, CULTURE &
6) COURT PRACTICE SPORTS
1964  To conduct continuing legal education programs, legal
(UP LAW CENTER) research & publications MEMBERS (6):
 By the Department of Education, Culture & Sports 1) Chairman (former Supreme Court/Court of Appeals Justice)
 Took effect 1990 2) Ex-officio members (Secretary of DECS/representative)
1989 SECTION 4 3) IBP representative
 51 Subjects & 124 Units Bachelor of Laws (4 years)
(REVISED MODEL CURRICULUM) Board, Members & 4) PALS representative
o More subjects on legal profession, legal
counseling, legal research & legal writing Qualifications 5) Ranks of active law practitioners’ representative
 RA No. 7662; emphasizing on the areas of ADVOCACY, 6) Law students’ sector representative
COUNSELING, PROBLEM SOLVING, DECISION MAKING,
ETHICS & NOBILITY OF LGAL PROFESSION, BENCH BAR QUALIFICATIONS (3):
1993 1) Natural-born citizen
PARTNERSHIP, SOCIAL COMMITMENT, SELECTION OF LAW
(LEGAL EDUCATION ACT) 2) Member of the Philippine Bar
STUDENTS, QUALITY LAW SCHOOLS, LAW FACULTY & LAW
CURRICULUM 3) Engaged at least ten (10) years in the practice of law as well as in
 Also created the Legal Education Board (LEB)
teaching of law in a duly authorized & recognized law schools
- Chairman & regular members (4) shall be APPOINTED by the President for a
 MANDATORY CONTINUING LEGAL EDUCATION
term of five (5) years
2000  For the members of the IBP to keep abreast with law &
o (X) without reappointment
(MCLE) jurisprudence; maintain the ethnics of the profession &
SECTION 5 o from a list of at least three (3) nominees by the JBC with prior
enhance standards of practice of law
Term of Office & authorization from Supreme Court
Compensation o (X) no need for Commission of Appointments to confirm

REPUBLIC ACT NO. 7662 TERMS OF OFFICE

- (5) FIVE YEARS: Chairman & IBP representative

9
 - (3) THREE YEARS: PALS & PALP
- (1) ONE YEAR: rank of active law practitioner & law student sectors

SALARY
- Same salary & rank as Chairman & members of the Constitutional
Commissions
- Salaries shall NOT be diminished during term of office
- Board may appoint such other officer & employees it may deem necessary in
the performance of its power & functions
1. ADMINISTER legal education system in the country
2. SUPERVISE the law schools in the country
3. SET STANDARDS of accreditation for law schools
4. ACCREDIT law schools
5. PRESCRIBE minimum standard for law admission & minimum
qualifications & compensation for faculty member
6. PRESCRIBE basic curricula aligned to the requirements to admission of
SECTION 7
the bar
Powers & Functions (9)
7. ESTABLISH a law practice internship as requirement for taking the bar
Internship
8. ADOPT a system of continuing legal education
9. PERFORM such other functions & prescribe such rules & regulations
necessary for the attainment of policies & objectives of this Act
Internship: anytime during law courses for a specific period Board may decide
without exceeding twelve (12) months either with;
1) ANY DULY ACCREDITED PRIVATE/PUBLIC LAW OFFICE/FIRM
2) LEGAL ASSISTANCE GROUP
- Educational institutions may NOT operate a law school UNLESS accredited
by the Board & required by the government.
- Board may withdraw/downgrade the accreditation of the law school that
SECTION 8
fails to maintain the standards set.
Accreditation
EFFECTIVITY OF THE WITHDRAWAL/DOWNGRADING
- After the lapse of the semester/trimester following the receipt of the school
of the notice UNLESS it meets or upgrades its standards
SECTION 11 - Special endowment fund controlled by Board & administered by SSS as
Legal Education Fund separate fund
SECTION 12 - Applies to all schools & colleges of law which are presently under the
Coverage supervision of DECS
- Amount of P1,000,000.00 authorized to be charged against the current year’s
SECTION 13 appropriation of the contingent fund for the initial expenses of the Board
Appropriation - Appropriated the amount of P10,000,000.00 annually under DCS budget for
a period of ten (10) years effective 1994 fiscal year

10