Legal Profession• Branch of the administration of justice whose main purpose is to aid in the doing of justice

according to law between state and the individual and between man and man.• Affected with public interest.• One of the noblest profession.• Lawyers are deemed persons in authority (in the actual performance of their professional duties

or on the occasion of such performance).Lawyers

• Advocate or counsel• Empowered to appear and prosecute/defend clients but not an insurer of the result.• Licensed officers of the court, an inherent element in the judicial system.• First and foremost duty: the administration of justice.• Privilege is burdened with conditions.

Nature of Legal Profession: Profession v. Trade, A Privilege and a Right• Profit and Gain- Primary or Incidental?• Calling in the Spirit of Public Service• Ledesma v. Climaco, 57 SCRA 473

– The admonition is ever timely for those enrolled in the ranks of legal practitioners that there are times, and this is one of them, when duty to court and to client takes precedence over the promptings of self-interest.

People v. Daban: “XXX The fact that his services are rendered without remuneration should not occasion a diminution in his zeal. XXXXX”Legal Ethics

• 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 as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canon of Professional Ethics, jurisprudence, moral laws and special laws.

• Moral foundation in the study of law and guide students.• Bar subject since 1918.

Significance• Set of governing rules to limit exercise of the profession.• Guard against abuses, ensure diligence.• Raise the standard of the legal profession.• Assure effective administration of justice.• Provides basis for weeding out of unfit and misfit in the legal profession for the protection of

the public.Basis

• Code of Professional Ethics– 1908: American Bar Association. Adopted 1917 and revised in 1946.

• Supreme Court Decisions– Including some of the United States

• Statues– Civil Code (Art. 1491 [5], Art. 2208), RPC (Art. 209), other special laws

• Constitution– (Art. VIII, Sec. 5 [5], 1987 Constitution)

• Treatises and Publications• Code of Professional Responsibility

– Embodiment into one code of various rules, standards and guidelines on the rule of conduct of lawyers.

– Applicable to all members.– Whether in and out of court. Public or private lives.– Promulgated June 21, 1988. – Judicial command, not a suggestion.– Importance: Impression of identity and sense of independence attuned to local

traditions.Lawyer’s Oath

I, ________, do solemnly swear that I will maintain allegiance to 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 c0nduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.Significance

• Pre-condition to the admission of practice.• In the case of Sebastian v. Calis, the Supreme Court heldthat: “A lawyer’s oath is not mere facile

words, drift and hollow, but a sacred trust that must be upheld and kept inviolable.” • In Endaya v. Oca it was held that: “The lawyer’s oath embodies the fundamental principles that

guide every member of the legal fraternity. From it springs the lawyer’s duties and responsibilities that any infringement thereof can cause his disbarment, suspension or other disciplinary actions.”

Integration of the Bar• Official unification of the entire lawyer population• Condition sine qua non to the practice of law and retention of name in the Roll of Attorneys• Organized by and under direction of the State.• Over 60,000

Brief History• Oct. 5, 1970 – SC created the Commission on Bar Integration, tasked to “not only ascertain the

advisability of integration of the Bar, but even more, to serve as a common vehicle of the Court and the Bar in fashioning a blueprint for integration and putting the same into actual operation.”

• Sept. 17, 1971 – RA No. 6397 “AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR, AND APPROPRIATING FUNDS THEREFOR.”

• Jan. 9, 1973 – SC, in a per curiam decision, ordained the integration of the bar in accordance with Rule 139-A, effective January 16, 1973. Within the next succeeding months the IBP was organized.

• Feb. 17, 1973 – local chapter all over the country were formed and elections of officers were held.

• March 17, 1973 – first batch of representatives to the IBP House of Delegates composed of 104 delegates representing the IBP Chapters nationwide convened in Manila and election its first set of IBP Governors.

Organizational Setup• National and Local Officials• National :

– President– Executive Vice President

– 9 Governors-Board of Governors (each will be the ex officio Vice President for their Regions)

– Secretary– Treasurer– House of Delegates – deliberative body

• Local– President– Vice President– Secretary– Treasure – 5 Directors

• Section 3. Regions. — The Philippines is hereby divided into nine Regions of the Integrated Bar, to wit:

• (a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino.

• (b) Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and Zambales;

• (c) Greater Manila, consisting of the City of Manila and Quezon City;• (d) Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque,

Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal;• (e) Bicolandia, consisting of the provinces of Albay, Camarines Norte, Camarines Sur,

Catanduanes, Masbate, and Sorsogon;• (f) Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern

Samar, Samar, and Southern Leyte;• (g) Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros

Occidental, Negros Oriental, Palawan, Romblon, and Siquijor.• (h) Eastern Mindanao, consisting of the provinces of Agusan del Norte, Agusan Del Sur,

Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur; and

• (i) Western Mindanao, consisting of the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur.

• In the event of the creation of any new province, the Board of Governors shall, with the approval of the Supreme Court, determine the Region to which the said province shall belong.

In Re Integration of the Philippine Bar, 49 SCRA 25• Does the Court have the power to integrate the Philippine Bar?• Would the Integration of the Bar be constitutional?

– Freedom of Association– Tax vs. Regulatory Fee– Freedom of Speech– Fairness to All Lawyers

• Should the court ordain the integration of the Bar at that time?General Objectives

1. Elevate the standards of the legal profession;2. Improve the administration of justice;3. Enable the bar to discharge its public responsibility more effectively;4. Assist in the administration of justice;

5. Foster and maintain members’ high ideals of integrity’ learning, professional competence, public service and conduct;

6. Safeguard the professional interests of its members;7. Cultivate the members’ spirit of cordiality and brotherhood;8. Provide a forum for discussion9. Encourage and foster legal education; and10. Promote continuing program of legal research.

Chapter membership: discretionaryPayment of due: mandatoryRetirement

- Termination of bar membership by filing a verified notice of termination with the Secretary of the Integrated Bar. In re: Atty. Jose Principe, Bar Matter No. 543, September 20, 1990.

- Sec. 21. Voluntary termination of membership; reinstatement. - A member may terminate his membership by filing a verified notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys.

- Reinstatement may be made in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court, provided that any written application for reinstatement must be filed with the Board, which shall, within fifteen (15) days from receipt, forward the same to the Court with its appropriate recommendation. (By-Laws of the IBP)

- Sec. 22. Retirement; reinstatement. - Any member in good standing who shall have attained the age of seventy-five years, or who shall have been forty years as lawyer shall, by reason of physical disability or judicially adjudged mental incapacity, be unable to engage in the practice of Law, may be retired from the Integrated Bar upon verified petition to the Board of Governors. Retired members shall not practice law or be required to pay dues.

- A retired member may be reinstated to active membership upon written application to and approval by the Board.

- The Board shall make periodic reports of retirement and reinstatement of members to the Supreme Court. (By-Laws of the IBP)

- Non-Political Baro Prohibition to lawyers holding judicial, quasi-judicial or prosecutory offices in the

government or any political subdivision or instrumentality thereof.o Officers who files a certificate of candidacy is considered ipso facto resigned from

position.- Honorary Positions

o No compensation, allowance or emolument.- Voluntary Bar Associations

o Not operate at cross purpose with the IBP.- Investigating Arm of the Supreme Court

o Entertain cases of disbarment or investigate cases referred by the Supreme Court and give report and recommendation.

o But has no power to suspend or disbar.- Payment of Dues

o Santos, Jr. vs. Llamaso Letter of Atty. Cecilio Y. Arevalo, Jr., Requesting Exemption from Payment of IBP Dues

Power to Regulate Practice of Law: Sec. 5 (5), Art. VIII, 1987 Constitution• 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 under-privileged. XXXXXXXXX

• In re: Cunanan Privileges and General Duties of Attorney

• Code of Professional Responsibility– 4 Chapters

• Chapter 1: The Lawyer and the Society – Canons 1-6

• Chapter 2: The Lawyer and the Legal Profession – Canons 7-9

• Chapter 3: The Lawyer and the Courts – Canons 10-13

• Chapter 4: The Lawyer and the Client – Canons 14-22

• Sec. 20, Rule 138 or the Rules of CourtWho may Practice Law?

• Section 1, Rule 138. What Constitutes Practice of Law?

• Practice of Law; Generally: People v. Villanueva, 14 SCRA 109; Cayetano v. Monsod, G.R. No. 100113, September 3, 1991; ULEP v. Legal Clinic, Inc. 223 SCRA 378.

• Privilege– Profession, Not Business: Malecdan vs. Pekas, A.C. No. 5830, January

26, 2004; Pineda vs. De Jesus, G.R. No. 155224, August 23, 2006. When May Non-Lawyers Practice Law?

1. Section 34, Rule 138 of the Rules of Court: 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.

2. Before any other court, a party may conduct his litigation personally or by an attorney. Bound by the same rules.

3. Sec. 7, Rule 116, Rules of Court: In a criminal case before the MTC in a locality where there is no member of the bar, the judge may appoint a resident of the province , of good repute for probity and ability to aid the accused in his defense.

4. Bar Matter No. 730, Circular No. 19, in conjunction with Rule 138-A of the Rules of Court governing law student practice.

5. Art. 222, Labor Code: Non-lawyers may appear before the NLRC or any Labor Arbiter provided: a.) They represent themselves or b.) If they represent their organization or members, they must have the written authorization or c.) They are members of a duly accredited legal aid office by the DOJ or the IBP and the case was referred to them.

6. Sec. 9, Act No. 2259, The Cadastral Act: A non-lawyer may represent a claimant before the Cadastral Court.

7. Sec. 33, Rule 138, Rules of Court: Any person appointed to appear for the Government of the Philippines in accordance with law.

8. Before the Department of Agrarian Reform Adjudication Board (DA-RAB).

Public Officials Prohibited to Practice Law1. Judges and other officials or employees of the superior court (Sec. 35, Rule 138, Rules of Court);

2. Officials and employees of the Office of the Solicitor General;3. Government Prosecutors;4. President, Vice President, members of the Cabinet, their deputies and assistants;5. Members of the Constitutional Commissions (Sec. 2, Art. IX-A, 1987 Constitution);6. Members of the Judicial Bar Council;7. Ombudsman and his deputies (Sec. 8, Art. IX, 1987 Constitution);8. All governors, city and municipal mayors (Sec. 90, R.A. No. 7160); and9. Those who by special law are prohibited from engaging in the practice of their legal profession.

(Sec. 7, R.A. 6713)

Public Officials with Restrictions to Practice Law1. Senators or members of the House of Representatives are prohibited by the Constitution to

personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.

2. Under Sec. 1, R.A. 910, as amended, retired justice or judge receiving pension from the Government cannot acts as counsel in any civil case where the Government, any subdivision or agency is a party or in a criminal case where an officer or employee of the Government any subdivision or agency is accused of an offense related to his office.

3. Under Sec. 90, R.A. 7160, Sangguniang members may practice provided that the appearance is not:a. Before a court wherein a local government unit or any office, agency or instrumentality of

the government is the adverse party;b. In a criminal case where an officer or employee of the national or local government is

accused of a crime committed in relation to his office;c. Collect any fee for their appearance in administrative proceedings involving the local

government where he is an official; andd. Use property and personnel of the Government except when the sangguniang members

concerned is defending the interest of the Government.

Prohibition or Disqualification of Former Government Attorneys• Not accept engagement or employment in connection with any matter in which he had

intervened while in said service. (Rule 6.03, Code of Professional Responsibility)• The “revolving door” theory is the process by which lawyers temporarily enter government

service from private life then leave it for large fees in private practice, where they can exploit information, contacts, and influence garnered in government service. (PCGG vs. SB, et al., citing Wolfman, Modern Legal Ethics, [1986], p. 456).

Qualifications/Requirements for Admission: Sec. 2-6, Rule 138, Rules of Court• Citizenship: Filipino, Exceptions: Secs. 3-4, Rule 138, Rules of Court. In Re: Application

for Admission to the Philippine Bar, Ching, B.M. No. 914, Oct. 1, 1999; In Re: Petition of Quisumbing for Admission to the Bar, B.M. No. 419, Nov. 1988

• Age : 21 years old • GMC: Competent Proof, no crime involving moral turpitude . Tan vs. Sabandal, B.M. No. 44,

February 24, 1992 ; In Re: Petition to Take the Lawyer’s Oath, Villanueva, B.M. No. 1131, October 15, 2002; Aguiree v, Rana, B.M. No. 1036, June 10, 2003; Villa v. Ama, et al., B.M. No. 674, June 14, 2005; Petition to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007

• Resident

• In Re: Application for Admission to the Philippine Bar, Ching, B.M. No. 914, Oct. 1, 1999; In Re: Petition of Quisumbing for Admission to the Bar, B.M. No. 419, Nov. 1988; In Re: Application of Hernandez to the Take the 1993 Bar Examination, July 27, 1993; Tan vs. Sabandal, B.M. No. 44, February 24, 1992 ; In Re: Petition to Take the Lawyer’s Oath, Villanueva, B.M. No. 1131, October 15, 2002; Aguiree v, Rana, B.M. No. 1036, June 10, 2003; Villa v. Ama, et al., B.M. No. 674, June 14, 2005; Petition to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007.