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ANNIE UY TAN
Message 1 of 1 , Nov 17, 2007
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PROBLEM AREAS IN LEGAL ETHICS
1.Introduction
A. Definitions:
(a) Legal Ethics a branch of moral science which treats of
the
duties which an attorney owes to the court, to his client, to
his
colleagues in the profession and to the public (Malcolm,
1949).
The term `legal ethics' is the embodiment of all principles of
morality and refinement that should govern the conduct of
every
member of the bar (Justice Moran's Foreword to Malcolm's
Legal and
Judicial Ethics, 1949).
The sources of legal ethics are the pertinent provisions of the
Rules
of Court, related laws, controlling decisions of the Supreme
Court,
the Code of Professional Responsibility, the Canons of
Professional
Ethics (American Bar Association), applicable doctrines laid
down by
the court and writings of legal scholars.
(b) Lawyer A person learned in the law; as an attorney,
counsel, or
solicitor; a person licensed to practice law (Black's Law
Dictionary).
Cui vs. Cui, 11 SCRA 755 (1964) A member of the
Philippine bar is
commonly known by the term lawyer or attorney or attorneyat-law or
counsel, by the Spanish word abogado. This term means not
only
possession of the academic degree of Bachelor of Laws but
membership
in the bar as well as after due admission thereto, qualifying
one for
the practice of law. The term has a fixed and general
signification
and refers to that class of persons who by license are
officers of
the court and who are empowered to appear, prosecute and
defend and
on whom peculiar duties, responsibilities and liabilities are
devolved by law as a consequence.

(c) Counsel - attorney or counselor - advice and assistance

given by
one person to another in regard to a legal matter, proposed
line of
conduct, claim or contention (Black's Law Dictionary).
Villegas v. Legaspi, 113 SCRA 29 (1982) A counsel is an
adviser, a
person professionally engaged in the trial or management of
a cause
in court; a legal advocate managing a case at law.
(d) Counsel de parte is an attorney retained by a party
litigant,
usually for a fee, to prosecute or defend his cause in court.
The
term implies freedom of choice either on the part of the
attorney to
decline or accept the employment (Canon 31, CPE) or on
the part of
the litigant to continue or terminate the retainer at any time
(Rustia v. CFI of Batangas, 44 Phil 62 (1992); Bacaro v. CA,
37 SCRA
36 (1971)).
(e) Counsel de oficio is an attorney appointed by the court
to
defend an indigent defendant in a criminal action or to
represent a
destitute party in a case.
(f) Attorney of record or counsel of record attorney whose
appearance has been filed with court papers (Black's Law
Dictionary).
The attorney whose name, together with his address, is
entered in the
record of a case as the designated counsel of the party
litigant in
the case and to whom judicial notices relative thereto are
sent.
(g) Associate Attorney is referred to as "of counsel" to
distinguish him from the attorney of record (Am. Jur. 263,
1936).
(h) Amicus Curiae; Amicus Par Excellence is an
experienced and
impartial attorney invited by the court to appear and help in
the
disposition of issues submitted to it.
(i) Bar refers to the legal profession.
(j) Bench means the judiciary.

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Why is the legal profession known as the bar?
During 13th century England, the judges and presiding
officers were
separated from the rest of the hall by a railing or barrier
known as
the bar. As students gained experience and advanced
standing in their
class, they were admitted to the bar, or were now within the
bar, and
allowed to help preside over the mock trials. These students
became
known as barristers (a word formed from bar and the suffix
ster).
Eventually, the legal system as a whole became known as
`the bar'.

The practice of law is so intimately affected with public

interest
that it is both a right and a duty of the state to control and
regulate it in order to promote the public welfare. Only by
proper
regulation of the practice of law will the interest of the public
be
adequately safeguarded.

Hierarchy of the Duties of a Lawyer

1. Duties to the public
2. Duties to the court
3. Duties to his client
4. Personal and private duties

Sec. 5. The Supreme Court shall have the following powers.

The rules and ethics of the legal profession demand that an

attorney
subordinate his personal and private duties to those which
he owes to
the court and to the public. For an attorney assumes his
obligations
to the public as an officer of the court before he ever has a
client.
His oath requires him to be absolutely honest even though
his
client's interest may seem to demand a contrary course,
Accordingly,
where his duties to his client conflict with those which he
owes to
the court and the public, the former must yield to the latter.
His
obligation to his client, in turn, take precedence over his
duties to
himself (Ledesma v. Climaco, 57 SCRA 473).
Cases: 1. Cui v. Cui, 11 SCRA 755
2. Villegas v. Legaspi, 113 SCRA 39
3. In re: Filart, 40 PHIL 205
4. Ledesma v. Climaco, 57 SCRA 473
5. Alawi v. Alauya, 268 SCRA 628
6. In re: Meling, 431 SCRA 149
7. Santiago Syjuco, Inc. v. Castro, 175 SCRA 171

The Supreme Court is vested with the power of control and

regulation
of the practice of law by the Constitution.
Article VIII The Judicial Department

xxxx
(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 underprivileged. x x x
The power of the Supreme Court to regulate the practice of
law
includes the authority to define that term [Phil. Lawyers Assn
v.
Agrava, 105 PHIL 173 (1959)].
"Practice of law" is the rendition of services requiring the
knowledge and the application of legal principles and
technique to
serve the interests of another with his consent. It is not
limited to
appearing in court, or advising or performing of services in
the
conduct of the various shapes of litigation, but embraces the
preparation of pleadings, and other papers incident to
actions and
special proceedings, and in larger sense includes legal
advice and
counsel and preparation of legal instruments by which legal
rights
and obligations are established.

B. Power of Supreme Court to Regulate Practice of Law:

Thus, it means any activity, on or out of court, which requires

the
application of law, legal procedures, knowledge, training and
experience.

a. Authority to define the term "practice of law"

In the practice of law, a licensed attorney-at-law generally

Session 2 - November 17, 2007

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engages
in 3 principal types of professional activity:

(d) with satisfactory proof of the above-stated facts

(e) after taking the oath of office. [Sec. 3]

(a) legal advice and instructions to clients to inform them of

their rights and obligations
(b) preparation for clients of documents requiring knowledge
of
legal principles not possessed by ordinary layman
(c) 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.
[En banc resolution, Justice Regalado, Ulep vs. Legal Clinic,
Inc.,
Bar Matter No. 5, June 17, 1993]

2. For applicants from other jurisdiction

(a) Filipino citizens who are enrolled attorneys in good
standing
in the US Supreme Court or in any circuit Court of Appeals
or
district court therein, or in the highest court of any State or
Territory of the US
(b) With satisfactory proof that they have practice in any of
said courts for at least 5 years
(c) Such practice began before July 4, 1946
(d) That they have never been suspended or disbarred. [Sec.
4]

b. Prescribe the qualifications of a candidate to and the

subjects of the bar exams
The power of the Supreme Court to regulate the practice of
law
includes the authority to prescribe the qualifications of a
candidate
to and the subjects of the bar examinations [In re: Parazo, 82
PHIL
230 (1948)].
Rule 138, Rules of Court
Sec. 2. Requirements for all applicants for admission to the
bar
Every applicant for admission as a member of the bar must
be
(a) a citizen of the Philippines
(b) at least 21 years of age
(c) of good moral character
(d) a resident of the Philippines
(e) must produce before the Supreme Court satisfactory
evidence
of good moral character
(f) that no charges against him, involving moral turpitude,
have
been filed or are pending in any court in the Philippines.
Requirements for other applicants:
1. For lawyers who are US citizens
(a) if, before July 4, 1946, were duly licensed members of
the
Philippine bar
(b) in active practice in Philippine courts
(c) in good and regular standing as such

3. For other applicants

(a) Other than those referred to in Sec. 2, 3 and 4
(b) With satisfactory proof that they have regularly studied
law
for 4 years and successfully completed all prescribed
courses in a
law school or university officially approved and recognized by
the
Secretary of Education.
Rule 138-A, Rules of Court
Law Student Practice Rule, conditions:
(1) A law student who has successfully completed his 3rd
year of
the regular 4-year prescribed law curriculum
(2) Enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court
(3) Appearance shall be under the direct supervision and
control
of a member of the bar duly accredited by the law school.
With these conditions, the law student 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].
Any and all pleadings, motions, briefs, memoranda or other
papers to
be filed must be signed by the supervening attorney for and
in behalf
of the legal clinic [Sec. 2].
The Rules safeguarding privileged communications between
attorney and
client shall apply to similar communications made to or
received by
the law student, acting for the legal clinic [Sec. 3].

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The standards of professional conduct governing members
of the Bar
shall apply to the law student. Failure of an attorney to
provide
adequate supervision of student practice may be a ground
for
disciplinary action [Sec. 4; SC Circular No. 19, prom. Dec.
19, 1986].
c. Decide who will be admitted to practice
The power of the Supreme Court to regulate the practice of
law
includes the power to decide who will be admitted to practice
[In re:
Cunanan, 94 PHIL 543, supra.]
The power to admit applicants to the practice of law is a
judicial
function. It has been traditionally exercised by the Supreme
Court as
an inherent part of its judicial power.
To enable the court to properly discharge its responsibility for
the
efficient and impartial administration of justice requires that
it
must have the primary authority to decide:
(a) who may be admitted to the bar as one of its officers,
(b) what are the causes for disciplinary action against him,
and
(c) whether he should be disciplined, suspended, disbarred
or
reinstated.
d. Discipline, suspend or disbar any unfit or unworthy
member of
the bar
The power of the Supreme Court to regulate the practice of
law
includes the power to discipline, suspend or disbar any unfit
and
unworthy member of the bar [Tejan v. Cusi, Jr., 57 SCRA
154
(1974); In re: Almacen, 31 SCRA 562 (1970); In re: Edillon,
84 SCRA
534 (1978)]
e. Reinstate any disbarred or indefinitely suspended attorney
The power of the Supreme Court to regulate the practice of
law
includes the authority to reinstate any disbarred or
indefinitely

suspended attorney [In re: Adriatico, 17 PHIL 324 (1910);

Rojo
v. Oliva, 107 PHIL 313 (1960); Cui v. Cui, 11 SCRA 755
(1964)]
f. Ordain integration of the Phil Bar
The power of the Supreme Court to regulate the practice of
law
includes the power to ordain the integration of the Philippine
Bar
[In re: Integration of the Phil. Bar, 49 SCRA 22 (1973)]
The Supreme Court has cited in the case "In re Integration of
the Bar
of the Philippines, 49 SCRA 22 (1973); In re Edillon, 84
SCRA 554
(1978)" that generally the objectives of the Integrated Bar are
to
elevate the standards of the legal profession, improve the
administration of justice and enable the bar to discharge its
public
responsibility more effectively.
Specifically, it seeks to:
(a) Assist in the administration of justice;
(b) Foster and maintain on the part of its members high
ideals of
integrity, learning, professional competence, public service
and
conduct;
(c) Safeguard the professional interests of its members;
(d) Cultivate among its members a spirit of cordiality and
brotherhood;
(e) Provide a forum, for the discussion of law, jurisprudence,
law reform, pleading, practice and procedure and the
relations of the
bar to the bench and to the public, and publish information
relative
thereto;
(f) Encourage and foster legal education; and
(g) Promote a continuing program of legal research in
substantive
and adjective law, and make reports and recommendations
thereon.
On January 16, 1973 the Supreme Court ordained the
integration of the
Philippine bar, which is officially known as The Integrated Bar
of
the Philippines. PD No. 181 constituted the Integrated Bar
into a
corporate body.
The integration of the Philippine Bar means the official

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unification
of the entire lawyer population.
The term "BAR" refers to the collectivity of all persons whose
names
appear on the Roll of Attorneys (Garcia v. de Vera, 41 SCRA
27)
The complete unification of the bar is not possible unless it
is
decreed by and entity with power to do so: the State.
Bar integration, therefore, signifies the setting up by
government
authority of a national organization of the legal profession
based on
the recognition of the lawyer as an officer of the court.
Designed to improve the position of the bar as an
instrumentality of
justice and the rule of law, integration fosters cohesion
among
lawyers and ensures, through their own organized action
and
participation, the promotion of the objectives of the legal
profession pursuant to the principle of maximum bar
autonomy with
minimum supervision and regulation by the Supreme Court.
g. Punish for contempt any person for unauthorized practice
of
law
The power of the Supreme Court to regulate the practice of
law
includes the power to punish for contempt any person for
unauthorized practice of law [People v. De Luna, 102 PHIL
968 (1958)]
h. Exercise overall supervision of the legal profession
The power of the Supreme Court to regulate the practice of
law
includes the power to exercise overall supervision of the
legal
profession, in general [In re: Cunanan, supra.]
The Supreme Court can, moreover, exercise any other power
as may be
necessary to elevate the standards of the bar and preserve
its
integrity [In re: Parazo, supra.]

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. RE 200
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BAR EXAMINATIONS: ATTY. DANILO DE GUZMAN
FACTS:the leakage of bar questions in mercantile law
during the 2003 bar examinationswarranted the
nullification of the results in that subject and the
subsequent distributionof the corresponding
percentage thereof among the seven bar subjects.
thoroughinvestigation revealed that a certain danilo de
guzman, one of the assistant attorneys atthe balgos
and perez law firm, was responsible for the leakage.
atty. marcial balgos, asenior partner in the firms,
happened to have been commissioned by justice jose
vitugto prepare questions in mercantile law. atty. de
guzman admitted to downloading thequestions from
atty. balgos' computer and distributing the same to
two of his brothers inthe beta sigma lambda fraternity.
from the point, the leaked questions spread and
anunknown number of examinees were able to obtain
copies thereof. atty. de guzman wasthus disbarred,
while atty. balgos was reprimanded for his negligence
and lack of duecare in safeguarding the proposed
questions in mercantile law.ISSUE: whether or not
disbarment was proper HELD: yes. atty. de guzman,
by transmitting and distributing the stolen test
questions tosome members of the beta sigma lambda
fraternity, possibly for pecuniary profit and togive them
undue advantage over the other examinees in
mercantile law, abettedcheating and dishonesty by his
fraternity brothers in the examination, which is
violativeof rule 1.01 of canon 1 as well as canon 7 of
the code of professional responsibility. deguzman was

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guilty of misconduct unbecoming a member of the bar.
he violated the lawinstead of promoting respect for it
and degraded the noble profession instead of
upholding its dignity and integrity

PeoplevsTuandaAcasedigest
A.M.

No.

3360

January

30,

1990

PEOPLE OF THE PHILIPPINES, complainant

vs.ATTY. FE T. TUANDA, respondent.
Facts;
Respondent was suspended for practicing his
profession until further notice from the Supreme
Court finding her guilty of violating BP 22.
Atty. Tuanda is now appealing to the Supreme
Court for her suspension to be lifted arguing that
her suspension was a penalty so harsh on top of
the fines imposed to her in violation of the
aforementioned law. Arguing further that she
intends

no

damage

to

the

plaintiff-appellee

(Herminia A. Marquez)and she is not guilty of the

offense charged.
Issue;
WON the suspension of Atty. Fe Tuanda be lifted.
Ruling;
The Supreme Court ruled to DENY the respondent
of his Motion to Lift Order of Suspension and
affirmed the ruling of the Court of Appeals
regarding the suspension. The court found Atty. Fe
Tuanda guilty of an offense involving moral
turpitude citing Secs 27 and 28 of the Rules of
Court and the Code of Professional Responsibility.