MIDTERMS REVIEWER IN LEGAL PROFESSION

1.) Define PRACTICE OF LAW as enunciated in the case of CAYETANO VS MONSOD.

Practice of law means any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience.

2.) Non-lawyers who are authorized to appear in court.

a.) 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)

b.) Before any other court: Party to the litigation, in person

c.) 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: resident of the province of good repute for probity and ability to
aid the accused in his defense (Rule 116, Sec. 7, RRC).

d.) 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.

e.) Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if they represent
themselves, or if they represent their organization or members thereof (Art 222, PO 442, as amended).

f.) Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259,
Sec. 9).

3.) Public Officials who cannot engage in the private practice of Law in the Philippines:
I. ABSOLUTE PROHIBITION
a.) Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
b.) Officials and employees of the OSG
c.) Government prosecutors (People v. Villanueva, 14 SCRA 109).
d.) President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15,
1987 Constitution).
e.) Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
f.) Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
g.) All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
h.) Those prohibited by special law

II. RESTRICTIVE PROHIBITION

Public Officials with Restrictions in the Practice of Law:
a.) 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).
b.) 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:
b.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;
b.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;
b.3) collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official;

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 b.4) use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.

c.) 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.

4.) Lawyers Oath:

I, CAYEN CERVANCIA CABIGUEN of Puerto Princesa City, 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 willingly nor wittingly promote or sue any groundless, false or unlawful suit, or 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 to the court as to my clients; and I impose upon
myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.
(Form 28, RRC)

5.) Rule 1.01 and Rule 7.03

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.

6.) Rule 1.03- A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any
mans cause.

Barratry- the act of frequently exciting or stirring up quarrels and suits, either at law or otherwise.

Ambulance Chasing- is an act of a lawyer in haunting hospitals and or visiting the home of the afflicted and
persistently offering his legal service on the basis of a contingent fee.

NOTE: Barratry and ambulance chasing are prohibited because it run counters with the provision of the Canon of
Professional Responsibility particularly that of Rule 1.03 which provides that A lawyer shall not, for any
corrupt motive or interest, encourage any suit or proceeding or delay any mans cause.

7.) Significance of a Lawyers signature in a pleading.

A lawyers signature appearing on a pleading means that:
a.) That he has read and understood the pleadings;
b.) That to the best of his knowledge, information and belief there is a ground to support it;
c.) And it is not interposed for delay

8.) Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
NOTE: The most worthy and effective advertisement possible is the establishment of a well-merited reputation
for professional capacity and fidelity to trust.
Any self-laudatory or self-praising statements in advertisements or professional cards of lawyers are prohibited.
IN NEWSPAPERS: An advertisement bearing the name of the lawyer and with the remarks advice free is
improper.
IN RADIO PROGRAM: A radio program of a lawyer, advertising his legal skill and receiving questions about the law
in which he answers in the form of legal advice is also improper; HOWEVER, a legal aid program as a public service
is allowable.

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9.) Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is
done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of
the accused is highly reprehensible and is cause for disciplinary action.

10.) CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law
may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed
to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's
death, money shall be paid over a reasonable period of time to his estate or to persons specified in
the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan
is based in whole or in part, on a profit sharing agreement.

11.) Criticism of the Ruling of the Supreme Court.

Generally the ruling of the SC cannot be criticized by reason that the SC is the highest Court and
highest respect is therefore due. However, a constructive criticism is acceptable provided that it is bona
fide and shall not spill over the walls of decency and propriety as held in the case of In re: Almacen.

The law allows Constructive Criticism. A criticism is constructive when the purpose of such is to
correct/ rectify the mistake, error or irregularity that true justice may be achieved. When the criticism is
destructive, that it was arrogantly presented with abusive and offending language coupled with malicious
intent to mock, ridicule and offend the sensibilities of the court or the sitting judge, then such criticism
becomes destructive hence contemptuous.

Criticism of the Conduct of a Judge.

Rule 11.05 - A lawyer shall not criticize the personal or official conduct of a judge in an insulting and
intemperate language.

Generally the official conduct of a Judge can be criticized, except when such criticism is made through
the use of insulting and intemperate language.
NOTE: The language of a lawyer as enunciated in the case of Surigao Mineral Reservation Board vs Cloribel,
should be forceful but dignified, emphatic but respectful in keeping with the dignity of the legal profession.

12.) CONTEMPT is the offence of being disobedient to or discourteous towards a court of law and its officers in the
form of behavior that opposes or defies the authority, justice, and dignity of the court.

A.) DIRECT CONTEMPT- when a misbehavior is committed in the presence of or so near the Court or a Judge so
as to obstruct or interrupt the proceedings. Direct contempt can be punished summarily without hearing. In a
direct contempt, only judgments of contempts by MTCs MeTCs, and MCTCs are appealable.

B.) INDIRECT CONTEMPT- also known as constructive contempt, that is an act or misbehavior committed outside
the court. In direct contempt, the contemnor is punished only after a written charge has been filed and after
due hearing. The judgment of an indirect contempt is appealable.

13.) Rule 11.06 A Lawyer shall submit grievances against a Judge to the proper authorities only.
a.) JUDGES (offenses in connection with their duties)
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 ***If the case is Administrative- Supreme Court through the Office of the Court Administrator
***If the case is Criminal and not purely administrative- Office of the Ombudsman

b.) JUSTICES OF THE SUPREME COURT

***If based on impeachable offenses- House of Representatives and the Senate

c.) PROSECUTORS- Dept. of Justice

d.) LAWYERS
***If private- IBP through the Commission on Bar Discipline
***If PAO lawyer-

14.) Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Forum Shopping-

There is forum shopping

1.) When a party repetitively avails of several judicial remedies in different courts, simultaneously or
successively or there are two or more actions;
2.) All substantially founded on the same transactions and the same essential facts and
circumstances of the same parties;
3.) All raising substantially the same cause of actions or issues either pending in or already resolved
adversely by some other court.
4.) With the intention of gaining a favorable judgment.

Forum shopping is an act of malpractice that is prohibited and condemned because it trifles with the
courts and abuses their processes. It degrades the administration of justice and adds to the already congested
court dockets.

An important factor in determining its existence is the vexation caused to the courts and the parties-
litigants by the filing of similar cases to claim substantially the same reliefs.

Two ways of committing Forum shopping:

a.) Litis Pendentia

Litis pendentia as a ground for the dismissal of a civil action refers to that situation wherein another
action is pending between the same parties for the same cause of action, such that the second action
becomes unnecessary and vexatious.

Requisites for Litis Pendentia:

(a) Identity of parties or at least such as representing the same interests in both actions

(b) Identity of rights asserted and reliefs prayed for, the relief being founded on the same facts

(c) The identity in the two cases should be such that the judgment that may be rendered in one
would, regardless of which party is successful, amounts to res judicata in the other.

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 b.) Res Judicata
Elements of Res Judicata
b.1) The former judgment must be final
b.2) Judgment must be on the merits of the case
b.3) The former decision is rendered by the court having jurisdiction over the subject.
b.4) There is similar identity of parties, subject matter and cause of action for both cases.

15.) Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.

Sub Judice Rule-

The sub judice rule restricts comments and disclosures pertaining to judicial proceedings to avoid
prejudging the issue, influencing the court, or obstructing the administration of justice, the CA reminded the
parties.

Anyone violating the sub judice rule can be cited for indirect contempt of court under Section 3(d),
Rule 71 of the Rules of Court.

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