LEGAL ETHICS

A. Practice of Law

Section 5 (5), Article VIII of the Constitution

Section 5. The Supreme Court shall have the
following powers:

(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. 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.

Section 14 (par. 2), Article XII of the Constitution

The practice of all professions in the Philippines shall
be limited to Filipino citizens, save in cases
prescribed by law.

Section 10, Article XVIII of the Constitution

Section 10. All courts existing at the time of the
ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided
by law. The provisions of the existing Rules of Court,
judiciary acts, and procedural laws not inconsistent
with this Constitution shall remain operative unless
amended or repealed by the Supreme Court or the
Congress.

B. Admission to the Practice of Law

Rule 138 of the Rules of Court

Section 2. Requirements for all applicants for
admission to the bar. Every applicant for
admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age,
of good moral character, and 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.
Section 7. Time for filing proof of qualifications.
All applicants for admission shall file with the clerk of
the Supreme Court the evidence required by section
2 of this rule at least fifteen (15) days before the
beginning of the examination. If not embraced
within section 3 and 4 of this rule they shall also file
within the same period the affidavit and certificate
required by section 5, and if embraced within
sections 3 and 4 they shall exhibit a license
evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been
revoked, and certificates as to their professional
standing. Applicants shall also file at the same time
their own affidavits as to their age, residence, and
citizenship.

Educational, moral and other qualifications

Rule 138 of the Rules of Court

Section 2. Requirements for all applicants for
admission to the bar. Every applicant for
admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age,
of good moral character, and 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.

Section 5. Additional requirements for other
applicants. All applicants for admission other than
those referred to in the two preceding section shall,
before being admitted to the examination,
satisfactorily show that they have regularly studied
law for four years, and successfully completed all
prescribed courses, in a law school or university,
officially approved and recognized by the Secretary
of Education. The affidavit of the candidate,
accompanied by a certificate from the university or
school of law, shall be filed as evidence of such facts,
and further evidence may be required by the court.
No applicant shall be admitted to the bar
examinations unless he has satisfactorily completed
the following courses in a law school or university
duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public
and private international law, political law, labor and
social legislation, medical jurisprudence, taxation
and legal ethics.

Section 6. Pre-Law. No applicant for admission to
the bar examination shall be admitted unless he
presents a certificate that he has satisfied the
Secretary of Education that, before he began the
study of law, he had pursued and satisfactorily
completed in an authorized and recognized
university or college, requiring for admission thereto
the completion of a four-year high school course, the
course of study prescribed therein for a bachelor's
degree in arts or sciences with any of the following
subjects as major or field of concentration: political
science, logic, english, spanish, history and
economics.

Moral Turpitude

Gross violation of standards of moral
conduct,vileness, such that an act involving moral
turpitude was intentionally evil, making the act a
crime. The existence of moral turpitude can bring a
more severe criminal charge or penalty for a criminal
defendant.

Bar Examinations

Rule 138 of the Rules of Court

Section 8. Notice of Applications. Notice of
applications for admission shall be published by the
clerk of the Supreme Court in newspapers published
in Pilipino, English and Spanish, for at least ten (10)
days before the beginning of the examination.

Section 9. Examination; subjects. Applicants, not
otherwise provided for in sections 3 and 4 of this
rule, shall be subjected to examinations in the
following subjects: Civil Law; Labor and Social
Legislation; Mercantile Law; Criminal Law; Political
Law (Constitutional Law, Public Corporations, and
Public Officers); International Law (Private and
Public); Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal Ethics and
Practical Exercises (in Pleadings and Conveyancing).

Section 10. Bar examination, by questions and
answers, and in writing. Persons taking the
examination shall not bring papers, books or notes
into the examination rooms. The questions shall be
the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee.
Examinees shall answer the questions personally
without help from anyone.

Upon verified application made by an examinee
stating that his penmanship is so poor that it will be
difficult to read his answers without much loss of
time., the Supreme Court may allow such examinee
to use a typewriter in answering the questions. Only
noiseless typewriters shall be allowed to be used.

The committee of bar examiner shall take such
precautions as are necessary to prevent the
substitution of papers or commission of other
frauds. Examinees shall not place their names on the
examination papers. No oral examination shall be
given.

Section 11. Annual examination. Examinations for
admission to the bar of the Philippines shall take
place annually in the City of Manila. They shall be
held in four days to be disignated by the chairman of
the committee on bar examiners. The subjects shall
be distributed as follows: First day: Political and
International Law (morning) and Labor and Social
Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day:
Mercantile Law (morning) and Criminal Law
(afternoon); Fourth day: Remedial Law (morning)
and legal Ethics and Practical Exercises (afternoon).

Section 14. Passing average. In order that a
candidate may be deemed to have passed his
examinations successfully, he must have obtained a
general average of 75 per cent in all subjects,
without falling below 50 per cent in any subjects. In
determining the average, the subjects in the
examination shall be given the following relative
weights: Civil Law, 15 per cent; Labor and Social
Legislation, 10 per cent; Mercantile Law, 15 per cent;
Criminal Law; 10 per cent: Political and International
Law, 15 per cent; Taxation, 10 per cent; Remedial
Law, 20 per cent; Legal Ethics and Practical Exercises,
5 per cent.

Taking the Lawyers Oath

Rule 138 of the Rules of Court

Section 17. Admission and oath of successful
applicants. An applicant who has passed the
required examination, or has been otherwise found
to be entitled to admission to the bar, shall take and
subscribe before the Supreme Court the
corresponding oath of office.

Section 2. Requirements for all applicants for
admission to the bar. Every applicant for
admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age,
of good moral character, and 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.

Signing the Roll of Attorneys

Receiving a Certificate of License to Practice Law

Rule 138 of the Rules of Court

Section 18. Certificate. The supreme Court shall
thereupon admit the applicant as a member of the
bar for all the courts of the Philippines, and shall
direct an order to be entered to that effect upon its
records, and that a certificate of such record be
given to him by the clerk of court, which certificate
shall be his authority to practice.

Section 19. Attorney's roll. The clerk of the
Supreme Court shall kept a roll of all attorneys
admitted to practice, which roll shall be signed by
the person admitted when he receives his
certificate.
C. Appearance of Non Lawyers

Before the MTC, other courts

Rule 138 of the Rules of Court

Section 34. By whom litigation conducted. In the
court of a justice of the peace a party may conduct
his litigation in person, with the aid of an agent or
friend appointed by him for the purpose, or with the
aid an attorney. In any other court, a party may
conduct his litigation personally or by aid of an
attorney, and his appearance must be either
personal or by a duly authorized member of the bar.
Rule 116 of the Rules of Court

Section 7. Appointment of counsel de oficio. The
court, considering the gravity of the offense and the
difficulty of the questions that may arise, shall
appoint as counsel de oficio only such members of
the bar in good standing who, by reason of their
experience and ability, can competently defend the
accused. But in localities where such members of the
bar are not available, the court may appoint any
person, resident of the province and of good repute
for probity and ability, to defend the accused. (7a)

Law Student Practice Rule

Rule 138-a

Section 1. Conditions for student practice. 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.

Section 2. Appearance. The appearance of the law
student authorized by this rule, shall be under the
direct supervision and control of a member of the
Integrated Bar of the Philippines duly accredited by
the law school. Any and all pleadings, motions,
briefs, memoranda or other papers to be filed, must
be signed by the supervising attorney for and in
behalf of the legal clinic.

Section 3. Privileged communications. 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.

Section 4. Standards of conduct and supervision.
The law student shall comply with the standards of
professional conduct governing members of the Bar.
Failure of an attorney to provide adequate
supervision of student practice may be a ground for
disciplinary action. (Circular No. 19, dated December
19, 1986).

Before the NLRC

Article 222 of the Labor Code of the Philippines

Art. 222. Appearances and Fees.

1. Non-lawyers may appear before the Commission
or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or
members thereof.

2. No attorneys fees, negotiation fees or similar
charges of any kind arising from any collective
bargaining agreement shall be imposed on any
individual member of the contracting union:
Provided, However, that attorneys fees may be
charged against union funds in an amount to be
agreed upon by the parties. Any contract, agreement
or arrangement of any sort to the contrary shall be
null and void. (As amended by Presidential Decree
No. 1691, May 1, 1980)

Before the Cadastral Court

Act No. 2259

SECTION 9. Any person claiming any interest in any
part of the lands, whether named in the notice or
not, shall appear before the Court by himself, or by
some person in his behalf and shall file an answer on
or before the return day or within such further time
as may be allowed by the Court. The answer shall be
signed and sworn to by the claimant or by some
person in his behalf, and shall state whether the
claimant is married or unmarried, and, if married,
the name of the husband or wife and the date of the
marriage, and shall also contain:

(a) The age of the claimant.

(b) The cadastral number of the lot or lots
claimed, as appearing on the plan filed in the case by
the Director of Lands, or the block and lot numbers,
as the case may be.

(c) The name of the barrio and municipality,
township, or settlement in which the lots are
situated.

(d) The names of the owners of the adjoining
lots as far as known to the claimant.

(e) If the claimant is in possession of the lots
claimed and can show no express grant of the land
by the Government to him or to his predecessors in
interest, the answer shall state the length of time he
has held such possession and the manner in which it
has been acquired, and shall also state the length of
time, as far as known, during which his predecessors,
if any, held possession.

(f) If the claimant is not in possession or
occupation of the lands, the answer shall fully set
forth the interest claimed by him and the time and
manner of its acquisition.
(g) If the lots have been assessed for
taxation, their last assessed value.

(h) The encumbrance, if any, affecting the
lots and the names of the adverse claimants as far as
known.

Lawyers Authorized to Appear before the
Government

Rule 138 of the Rules of Court

Section 34. By whom litigation conducted. In the
court of a justice of the peace a party may conduct
his litigation in person, with the aid of an agent or
friend appointed by him for the purpose, or with the
aid an attorney. In any other court, a party may
conduct his litigation personally or by aid of an
attorney, and his appearance must be either
personal or by a duly authorized member of the bar.

Prohibition and Restriction on the Practice of Law of
Public Officers

Judges and Officials of the Superior Court

Rule 138 of the Rules of Court

Section 35. Certain attorneys not to practice. No
judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall
engage in private practice as a member of the bar or
give professional advice to clients.

Canon 5 of the Code of Judicial Conduct

PRACTICE OF LAW AND OTHER PROFESSION

RULE 5.07 - A judge shall not engage in the private
practice of law. Unless prohibited by the
Constitution or law, a judge may engage in the
practice of any other profession provided that such
practice will not conflict or tend to conflict with
judicial functions.

Office of the Solicitor General

Government Prosecutors

President, Vice-President, Members of the Cabinet,
Deputies, Assistants

Article VII of the 1987 Constitution

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.

The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall
not, during his tenure, be appointed as Members of
the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and
their subsidiaries.

Constitutional Commissions

Article IX of the 1987 Constitution

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.

Governors, Mayors

RA 7160

SECTION 90. Practice of Profession. (a) All
governors, city and municipal mayors are prohibited
from practicing their profession or engaging in any
occupation other than the exercise of their functions
as local chief executives.

(b) Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided, That
sanggunian members who are also members of the
Bar shall not:

(1) Appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;

(2) Appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed in
relation to his office.

(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government
except when the sanggunian member concerned is
defending the interest of the government.

(c) Doctors of medicine may practice their profession
even during official hours of work only on occasions
of emergency: Provided, That the officials concerned
do not derive monetary compensation therefrom.

Those who by Special Law are Prohibited from
Engaging in the Practice of their Legal Profession

Congress

Article VI of the 1987 Constitution

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.

Sanggunian Members

Title 3, Book I of RA 7160

SECTION 90. Practice of Profession. (a) All
governors, city and municipal mayors are prohibited
from practicing their profession or engaging in any
occupation other than the exercise of their functions
as local chief executives.

(b) Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided, That
sanggunian members who are also members of the
Bar shall not:

(1) Appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;

(2) Appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed in
relation to his office.

(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government
except when the sanggunian member concerned is
defending the interest of the government.

(c) Doctors of medicine may practice their profession
even during official hours of work only on occasions
of emergency: Provided, That the officials concerned
do not derive monetary compensation therefrom.

Retired Justice or Judge

RA 910

AN ACT TO PROVIDE FOR THE RETIREMENT OF
JUSTICES OF THE SUPREME COURT AND OF THE
COURT OF APPEALS, FOR THE ENFORCEMENT OF
THE PROVISIONS HEREOF BY THE GOVERNMENT
SERVICE INSURANCE SYSTEM, AND TO REPEAL
COMMONWEALTH ACT NUMBERED FIVE HUNDRED
AND THIRTY-SIX

Section 1. When a Justice of the Supreme Court or of
the Court of Appeals who has rendered at least
twenty years' service either in the judiciary or in any
other branch of the Government, or in both, (a)
retires for having attained the age of seventy years,
or (b) resigns by reason of his incapacity to discharge
the duties of his office, he shall receive during the
residue of his natural life, in the manner hereinafter
provided, the salary which he was receiving at the
time of his retirement or resignation. And when a
Justice of the Supreme Court or of the Court of
Appeals has attained the age of fifty-seven years and
has rendered at least twenty-years' service in the
Government, ten or more of which have been
continuously rendered as such Justice or as judge of
a court of record, he shall be likewise entitled to
retire and receive during the residue of his natural
life, in the manner also hereinafter prescribed, the
salary which he was then receiving. It is a condition
of the pension provided for herein that no retiring
Justice during the time that he is receiving said
pension shall appear as counsel before any court in
any civil case wherein the Government or any
subdivision or instrumentality thereof is the adverse
party, or in any criminal case wherein and officer or
employee of the Government is accused of an
offense committed in relation to his office, or collect
any fee for his appearance in any administrative
proceedings to maintain an interest adverse to the
Government, insular, provincial or municipal, or to
any of its legally constituted officers.

Section 2. In case a Justice of the Supreme Court or
of the Court of Appeals dies while in actual service,
his heirs shall receive a lump sum amounting to the
salary that said Justice was receiving at the time of
his demise for five years if by reason of his length of
service in the Government he were already entitled
to the benefits of this Act; otherwise his heirs shall
only receive a lump sum equivalent to his last salary
for two years, in addition to a reimbursement of all
premiums that he may have paid under this Act. The
same benefits provided in this Section shall be
extended to any incumbent Justice of the Supreme
Court or of the Court of Appeals who, without having
attained the length of service required in section one
hereof, shall have to retire upon reaching the age of
seventy years, or for other causes, such as illness, to
be certified to by the tribunal to which the Justice
concerned belongs, which render him incapacitated
to continue in his position.

Section 3. Upon retirement a Justice of the Supreme
Court or of the Court of Appeals shall be
automatically entitled to a lump sum payment of the
monthly salary that said Justice was receiving at the
time of his retirement for five years, and thereafter
upon survival after the expiration of this period of
five years, to a further annuity payable monthly
during the residue of his natural life equivalent to
the amount of the monthly salary he was receiving
on the date of his retirement.

Section 4. A retiring Justice who is entitled to the
benefits of any prior retirement gratuity Act shall
have the option to choose between the benefits in
such Act and those herein provided for, and in such
case he shall be entitled only to the benefits so
chosen: Provided, however, That a Justice retired
under any prior Act and who is thereafter appointed
to the Supreme Court or to the Court of Appeals,
shall be entitled to the benefits of this Act on
condition that, in case he has not fully refunded to
the Government the gratuity previously received by
him, there shall be deducted from the amount
payable to him under this Act such monthly
installments as are required in section six of Act
Numbered Four thousand and fifty-one, as
amended, until the gratuity already received by him
shall have been refunded in full.lawphil.net

Section 5. The Government Service Insurance System
shall take charge of the enforcement and operation
of this Act, and no Justice of the Supreme Court or of
the Court of Appeals shall be entitled to receive any
gratuity or pension herein provided unless from the
month following the approval of this Act, in case of
an actual Justice of any of said courts, or from the
month following his appointment, and qualification
as such Justice, in case of future appointment, he
shall have contributed to the funds of the System by
paying a monthly premium of fifty pesos.

Section 6. Commonwealth Act Numbered Five
hundred and thirty-six and any other provision in
conflict with this Act are hereby repealed.

Section 7. This Act shall take effect upon its
approval.

Approved: June 20, 1953

Lawyers Oath

Rule 138 of the Rules of Court

Section 3. Requirements for lawyers who are citizens
of the United States of America. Citizens of the
United States of America who, before July 4, 1946,
were duly licensed members of the Philippine Bar, in
active practice in the courts of the Philippines and in
good and regular standing as such may, upon
satisfactory proof of those facts before the Supreme
Court, be allowed to continue such practice after
taking the following oath of office:

I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been
permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the Philippines;
I will support its 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, nor 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 as to the courts as to my clients; and I impose
upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So help
me God.

Four-fold Duties of a Lawyer

Rule 138 of the Rules of Court

Section 20. Duties of attorneys. It is the duty of an
attorney:

(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey
the laws of the Philippines.

(b) To observe and maintain the respect due to the
courts of justice and judicial officers;

(c) To counsel or maintain such actions or
proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly
debatable under the law.

(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice
or false statement of fact or law;

(e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection
with his client's business except from him or with his
knowledge and approval;

(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by
the justice of the cause with which he is charged;

(g) Not to encourage either the commencement or
the continuance of an action or proceeding, or delay
any man's cause, from any corrupt motive or
interest;

(h) Never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by all
fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present
every defense that the law permits, to the end that
no person may be deprived of life or liberty, but by
due process of law.

Membership in the IBP