I. Legal Ethics A. Practice of Law (Rule 138)

I.
LEGAL ETHICS
A. Practice of law (Rule 138)
Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as
such in accordance with the provisions of this
rule, and who is in good and regular standing,
is entitled to practice law (Sec. 1, Rule 138).
Practice of Law any activity, in

or out of court which requires the
application of law, legal procedure,
knowledge,
training
and
experience. To engage in the
practice of law is to give notice or
render any kind of service, which or
devise or service requires the use
in any degree of legal knowledge or
skill (Cayetano v. Monsod, 201
SCRA 210).
1. Concept
a) Privilege
The practice of law is a
privilege granted only to
those who possess the
STRICT INTELLECTUAL AND
MORAL
QUALIFICATIONS
required of lawyers who
are instruments in the
effective
and
efficient
administration of justice.
(In Re: Argosino, 1997).
b) Profession,
not
business
The primary characteristics
which distinguish the legal
profession from business are:
(a) a duty of public service of
which emolument is a byproduct, and in which one may
attain the highest eminence
without making much money,
(b) a relation as officer of the
court to the administration of
justice
involving
thorough
sincerity,
integrity,
and
reliability, (c) a relation to
client in the highest degree
fiduciary, and (d) a relation to
colleagues
at
the
bar
characterized
by
candor,
fairness, and unwillingness to
resort to current business
methods of advertising and
encroachment
on
their
practice, or dealing directly
with their clients.
These characteristics make the law
a noble profession, and the privilege to
practice it is bestowed only upon
individuals who are competent
intellectually, academically and morally.

Its basic ideal is to render service and
to secure justice for those who seek its
aid. If it has to remain a noble and
honorable profession and attain its
ideal, those enrolled in is ranks should
not only master its tenets and
principles but should also, by their
lives, accord continuing fidelity to them.
And because they are the vanguards of
the law and the legal systems, lawyers
must at all times conduct themselves in
their professional and private dealings
with honesty and integrity in a manner
beyond reproach. (PCGG vs. SB, et
al.,)
2. Qualifications
Requirements for admission to the
Bar:
1.
2.
3.
4.
5.
citizen of the Philippines

at least 21 years old
of good moral character
Philippine resident
Production before the supreme
court satisfactory evidence of:
1.
good moral character
2.
no charges against him,
involving moral turpitude,
have been filed or are pending
in any court in the Philippines.
Requirement of Good Moral

Character: a continuing requirement;
good moral character is not only a
condition precedent for admission to the
legal profession, but it must also remain
intact in order to maintain ones good
standing in that exclusive and honored
fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for
Candidates:
1. a bachelors degree in arts and
sciences (pre-law course)
2. a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law
6.
political law
7.
labor and social legislation
8.
medial jurisprudence
9.
taxation
10. legal ethics
The practice of law is a sacred and noble

profession. It is limited to the persons of good
moral character with special qualifications duly
ascertained and certified. (Prieto vs. Corpuz,
et al., A.C. No. 6517, December 6, 2006).
3. Appearance
of
nonlawyers
Non-lawyers who may be authorized
to appear in court:
1.
2.
3.
4.
5.
6.
Cases before the MTC: Party to the

litigation, in person OR through an
agent or friend or appointed by him
for that purpose (Sec. 34, Rule 138,
RRC)
Before any other court: Party to the
litigation, in person (Ibid.)
Criminal case 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:
1.
resident of the province
2.
of good repute for probity
and ability to aid the accused
in his defense (Rule 116, Sec.
7, RRC).
Legal Aid Program A senior law
student, who is enrolled in a
recognized law schools clinical
education program approved by the
supreme Court may appear before
any court without compensation, to
represent indigent clients, accepted
by the Legal Clinic of the law
school. The student shall be under
the direct supervision and control of
an IBP member duly accredited by
the law school.
Under the Labor code, non-lawyers
may appear before the NLRC or any
Labor Arbiter, if
1.
they represent themselves,
or if
2.
they represent their
organization or members
thereof (Art 222, PO 442, as
amended).
Under the Cadastral Act, a nonlawyer can represent a claimant
before the Cadastral Court (Act no.
2259, Sec. 9).
a) Law student practice

(Rule 138-A)
b) Non-lawyers in courts
c) Non-lawyers
in
administrative
tribunals
d) Proceedings
where
lawyers are prohibited
from appearing
4. Sanctions for practice or
appearance
without
authority
a) Lawyers
without
authority
b) Persons not lawyers
5. Public officials and practice
of law
a) Prohibition
or
disqualification
of
former
government
attorneys
What are the two theories on the
disqualification
of
former
government
lawyers
in
representing a client on a matter
in which they intervened when
they were in office?
They are the adverse-interest conflict

and
the
congruent-interest
representation conflict.
In the adverse-interest conflict a

former government lawyer is enjoined from
representing a client in private practice is the
matter is substantially related to a matter that
the lawyer dealt with while employed by the
government and if the interests of the current
and former clients are adverse. It must be
observed that the adverse-interest conflict
applies to all lawyers in that they are generally
disqualified from accepting employment in a
subsequent representation if the interests of
the former client and the present client are
adverse and the matters involved are the
same or substantially related. On the other
hand, in congruent-interest conflict, the
disqualification does not really involve a
conflict at all, because it prohibits the lawyer
from representing a private practice client
even if the interests of the former government
client and the new client are entirely parallel.
The
congruent-interest
representation
conflict, unlike the adverse-interest conflict,
is unique to former government lawyers.
(PCGG vs. SB, et al.)
Does the restriction against a public

official from appearing as counsel on a
matter he intervened when he was in
government temporary? Explain.
No. The restriction against a public official
from using his public position as a vehicle to
promote or advance his private interests
extends beyond his tenure on certain matters
in which he intervened as a public official.
Rule 6.03 makes this restriction specifically
applicable to lawyers who one held public
office. A plain reading of the rule shows that
the interdiction (1) applies to a lawyer who
once served in the government, and (2)
relates to his accepting engagement or
employment in connection with any matter in
which he had intervened while in said
service. (PCGG vs. SB, et al., supra.).
b) Public officials who

cannot practice law or
with restrictions
Public Officials who cannot engage
in the private practice of Law in the
Philippines:
1.
2.
3.
4.
5.
6.
7.
Judges and other officials as

employees of the Supreme
Court (Rule 148, Sec. 35, RRC).
Officials and employees of the
OSG (Ibid.)
Government prosecutors (People v.
Villanueva, 14 SCRA 109).
President, Vice-President, members
of the cabinet, their deputies and
assistants (Art. VIII Sec. 15, 1987
Constitution).
Members of the Constitutional
Commission (Art IX-A, Sec. 2, 1987
Constitution)
Ombudsman and his deputies (Art.
IX, Sec. 8 (2nd par), 1987
Constitution)
All governors, city and municipal
mayors (R.A. No. 7160, Sec. 90).
Those prohibited by special law
8.
Public Officials with Restrictions in
the Practice of Law:
1.
1.
No Senator as member of the
House of Representative may
personally appear as counsel before
any court of justice as before the
Electoral Tribunals, as quasi-judicial
and other administration
bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government
Code (RA 7160, Sec. 91)Sanggunian
members may practice their
professions provided that if they are
members of the Bar, they 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;
4.
use property and personnel
of the government except
when the Sanggunian member
concerned is defending the
interest of the government.
3. Under RA 910, Sec. 1, as amended,
a retired justice or judge receiving
pension from the government,
cannot act as counsel in any civil
case in which the Government, or
any of its subdivision or agencies is
the adverse party or in a criminal
case wherein an officer or employee
of the Government is accused of an
offense in relation to his office.
What is the revolving door theory on

representation of a client by former
government lawyers?
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).
The rationale for the congruent-interest

representation conflict
The rationale for the congruent-interest
representation conflict doctrine has been
explained, thus:
The rationale for disqualification is
rooted in a concern with the impact that any
other rule would have upon the decisions and
actions taken by the government lawyer
during the course of the earlier representation
of the government. Both courts and
commentators have expressed the fear that
permitting a lawyer to take action in behalf of
a government client that later could be to the
advantage of private practice client would
present grave dangers that a government
lawyers largely discretionary actions would be
wrongly influenced by the temptation to
secure private practice employment or to
favor parties who might later become private
practice clients
6. Lawyers
authorized
to
represent the government
7. Lawyers oath
B. Duties and responsibilities of a
lawyer
1. To society
a) Respect for law and
legal processes
b) Efficient
and
convenient
legal
services
c) True,
honest,
fair,
dignified and objective
information on legal
services
d) Participation in the
improvement
and
reforms in the legal
system
e) Participation in legal
education program
2. To the legal profession

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I. Legal Ethics A. Practice of Law (Rule 138)

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I.

Practice of Law any activity, in

intellectually, academically and morally.

citizen of the Philippines

Requirement of Good Moral

The practice of law is a sacred and noble

Cases before the MTC: Party to the

a) Law student practice

They are the adverse-interest conflict

In the adverse-interest conflict a

Does the restriction against a public

b) Public officials who

Judges and other officials as

the Practice of Law:

What is the revolving door theory on

service from private life then leave it for large

The rationale for the congruent-interest

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