1.

Define Legal Ethics.

Legal Ethics is the 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 profession brethren, and to his client.

2. What are the seven (7) rules w/c govern the ethical behavior of a lawyer?
a. The Philippine Constitution
b. The Rules of Court
c. The Civil Code
d. Special Statutes
e. The Code of Professional Responsibility
f. The New Code of Judicial Conduct
g. Supreme Court decisions

3. Why is the legal profession not a trade or business?
Because the legal profession is devoted to public service. It is not a trade or business where profit is the main motive.

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.

6. Define practice of law.
The practice of law means any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience; generally, to practice law is to render any kind of service which requires the use
of legal knowledge or skill.

7. What are the requirements for admission to the bar?
Every applicant for admission as a member of the Bar must be a Filipino Citizen, at least 21 years of age, of good
moral character, and a 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.

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 my 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 – it is unconstitutional and is an invalid exercise
of legislative power.

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 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?
Deemed never to have lost his Philippine Citizenship and 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 to 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?
a. Updating and payment in full of annual membership dues in the IBP; payment of professional tax.
b. Completion of at least 36 credit hours of mandatory continuing legal education.
c. Retaking of the lawyer’s oath.

14. In general, who can appear and handle cases in court? What are the seven (7) exceptions?
In general, only those who are licensed to practice law can appear and handle cases in court. The following are the
exceptions:
a. 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.
b. 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.
c. In criminal cases 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.
d. 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. 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.
e. Before the NLRC – Non-lawyers may appear before the NLRC or any Labor Arbiter if they: (a) represent
themselves; (b) represent their organization or members thereof.
f. Before a Cadastral Court – A non-lawyer may represent a claimant before the Cadastral Court.
g. Any official or other person appointed or designated in accordance with law to appear for the Government of
the Philippines or any of its officials.

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.

16. Who are the public officials who cannot practice law in the Philippines?
a. Judges and other officials or employees of the superior court.
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 assistant.
e. Chairman 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 for 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 members of the House of Representatives.
b. Sanggunian members.
c. Retired justice or judge (within one year from date of retirement, the magistrate cannot practice law in the particular
court where he performed his judicial duties)
d. Civil service officers or employees without permit from their respective department heads.

18. What are the restrictions in the practice of law on members of the legislature?
a. Appear as counsel before any courts of justice, electoral tribunals or quasi-judicial and administrative bodies –
prohibition includes the mere filing of a motion or any pleading.
b. Allow his name to appear in such pleading by itself or as a part of a firm name under the signature of another
qualified lawyer because the signature of an agent amounts to a 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, quasi-
judicial and administrative body in violation of the constitutional restriction.



 19. What are the restrictions in the practice of law by Sanggunian members?
a. Appear as counsel in any civil case, in any court, wherein a local government unit or any office, agency or
instrumentality of the government is the adverse party.
b. Appear as counsel in any criminal case wherein an officer or an employee of the national or local government is
accused of an offense committed in relation to his office.
c. Collect any fees for his appearance in any administrative proceedings involving the local government unit of which
he is a government official.
d. 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 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.

21. What are the restrictions in the practice of law by retired Justice & Judges?
a. Appear as counsel in any civil case wherein the government or any subdivision or instrumentality thereof is the
adverse party.
b. Appear as counsel in 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 proceeding 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 six months of imprisonment, is he allowed not to be
defended by counsel?
Charged with an offense punishable by an He is allowed to defend himself
imprisonment not exceeding 30 days
Charged with an offense punishable by more than six He must be defended by counsel
months of imprisonment

24. What is the rule when the accused is charged with grave and less grave offenses?
An accused must always appear by counsel in grave and less grave offenses.

25. What are the four-fold duties of a lawyer?
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.