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OCT
20

LEGAL PROFESSION in the PHILIPPINES

LEGAL PROFESSION IN THE PHILIPPINES

IF I WERE the Teacher, these would be my

Final Exam Questions and Answers.
Answers to QUESTIONS:
1. What is Law? Law[2] is a system of rules and guidelines which are
enforced through social institutions to govern behavior.[3] Laws are
made bygovernments, specifically by their legislatures. The formation of
laws themselves may be influenced by a constitution (written or
unwritten) and the rights encoded therein. The law
shapes politics, economicsand society in countless ways and serves as a
social mediator of relations between people.

History of Law. LAW was created to REGULATE and curb

activities ANTAGONISTIC to the interests of the ruling class. It was
created to preserve the STATUS QUO. (quo: used with nouns, and with first- and third-
person pronouns,and always placed before the subject; quo is NEVER used for a second-person pronoun).
The state became a political organization of the ruling class by
which it could legitimately impose its will over the rest of the
society and ultimately preserve status quo.
Eventually, LAWs evolved in creating and maintaining order.
Law exists for the RELATIONS OF PRODUCTION and
ECONOMIC REQUIREMENT, for without LAWs, these
will NOT DEVELOP.
The purpose of LAW is to protect, strengthen and develop
social relations PROFITABLE and EXPEDIENT for the

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ruling class and to oust and curb relations

CONTRADICTING the will of the ruling class.
SOCIAL JUSTICE is an irregularity in LAW, it was created
to show their was a CONCESSION to maintain a faade of
FAIRNESS to keep optimism ALIVE. The intention of concession is
to DEMONSTRATE that the elite class does rule in the UNIVERSAL
INTEREST.
These concessions are not only grants by the elite, but more
are FRUITS of STRUGGLES of the working CLASS.
The LAWS made by these concessions are now the foundation
for SOCIAL JUSTICE that maintains peace and harmony between
the elite and the working class.

2. Why do you want to be a Lawyer? I want to be a lawyer because I

want to ADMINISTER JUSTICE. I want to be an
instrument to serve the ends of JUSTICE. I will work and
operate within the Legal System.

3. What is the requirement to be a Lawyer? To practice law in the

Philippines, one must have fulfilled the non-academic and
academic requirements. For non-academic requirements, one must
be a Filipino, be at least 21 years old, be a resident of
the Philippines, and have the moral and other non-academic
qualifications needed. In terms of academic requirements, one must have
obtained a 4year course undergraduate degree (with major, focus or
concentration in any of the subjects of History, Economics, Political
Science, Logic, English), has obtained a Bachelor of Laws degree (or
equivalent such as Juris Doctor) from a law school recognized by
the Secretary of Education. They must have also taken and passed (75%
general average, with no subject falling below 50%) the Bar Exam,
taken the Attorney's Oath before the Supreme Court, signed the
Roll of Attorneys, remain in good standing with the Integrated Bar of the

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continually participates in the Mandatory

Philippines, and
Continuing Legal Education.
4. What is needed to study law? These are the 3 Ls.
Language is the TOOL of the LAW. The 3 Ls are Language,
Logic and the Law itself. Language is being able to express
your views correctly. Logic is being able to use the right laws
in the right case. Law however has to be learned in Law
School in a SCIENTIFIC and Systematic Way.

5. What are the advocacies of a Lawyer? A lawyer must work hard to

ensure that SOCIAL JUSTICE is achieved. He should not be
DAUNTED by the limitations of working within the Legal
system. He must strive until the law the law is truly contained
with social justice.

6. What are Apostasies of a Lawyer?

Apostasy ( (apostasia), 'a defection or revolt', from 'away, apart', stasis, 'stand,
'standing') is the formal disaffiliation from or abandonment or renunciation of
a religion by a person. One who commits apostasy (or who apostatises) is known as
an apostate. The term apostasy is used by sociologists to mean renunciation and
criticism of, or opposition to, a person's former religion, in a technical sense and without
pejorative connotation.
The term is sometimes also used metaphorically to refer to renunciation of a non-
religious belief or cause, such as a political party, brain trust, or, facetiously, a sports
team.

APOSTATE is One who has abandoned one's religious faith, a political party, one's principles, or
a cause.

APOSTASY in the LEGAL PROFESSION.

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a. DEnouncingmembers of the supreme court

b. Acts libelous to the courts
c. Appearing in a court 2years after execution of the FINAL
JUDGMENT.
d. Lawyer filing Unintelligible and undecipherable petition.
e. Submitting Maliciously FALSified Documents while facing charges
of Moral turpitude/
f. Making false assertion that his life is threatened by the opposing
Litigant as GROUND for Transfer of VENUE for hearing the case.
g. Lawyer who advises his client to escape prison because habeas
corpus was denied.
h. Negligence in observing the reglementary period for the Right to
APPEAL to the SUPREME COURT(note it is when the appeal
is to made in the supreme court, not just any other higher courts). Knowing
he
has failed to file during the reglementary period , he WILL
FILE a special civil action for [1]review to circumvent the
RULE in the hope that the court would fail to find out he
made a DUPLICITY of ACTION.
i. Lawyers who goes to court and ARGUE completely UNPREPARED.
j. Lawyers who lack candor and are intellectually dishonest
when arguing before the court.
k. Lawyers who intentionally omit unfavorable or adverse
facts in petitions to mislead the court.
l. Lawyers that Desperately intend to win cases BASED on
Technicalities ONLY.
m. Lawyers who foist (foist:to pass on as worthy, correct but is in fact the opposite)
BIZARRE THEORIES upon the COURT.
What is a Lawyers duty to his Colleagues, Community and the Court?

To his community: He must be first to comply with

the constitution and maintain allegiance to the

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Republic of the Philippines. He must respect all laws

made by congress and legal processes of the Judiciary.
He must avoid litigation for societys sake.
Lawyers must be prepared to state their position publicly on
matters involving MORAL or ETHICAL ISSUES. Lawyers
can lead by examples as MORALLY UPRIGHT
professionals. They should take the lead in opposing morally
wrong or UNJUST Legislations or abusive acts of Public
Officials. Person s must be respected as an END and never a
MEAN or Tool or instrument.

TO HIS COLLEAGUES: he must be courteous, fair, and

CANDOR (CANDOR:freedom from prejudice or malice ; fairness; unreserved, honest, or sincere
expression). He must treat his fellow lawyer on the opposing counsel with
dignity and civility and use only language in his pleadings or arguments
as befitting an ADVOCATE. He should avoid all personalities or
personal peculiarities(peculiarity:A notable or distinctive feature or characteristic; An eccentricity;
an idiosyncrasy) and idiosyncracies (idiosyncracy:the composite physical or psychological
make-up of a specific person) of the adverse counsel.

A Lawyer should not encroach upon the employment of a

fellow lawyer.
A Lawyer must be a MEMBER of the Integrated Bar of the Philippines.

Lawyers duty to his client. He must be devoted. He

must not take any UNDUE advantage on his client. He must
account all money used. He must preserve clients confidential
information. He MUST advice his clients to avoid
unnecessary LITIGATION.

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8. What is the revolutionary Imperative of Lawyers in the Philippines?

No great improvement in the LOT(luck, lot from LOTtery) of mankind are
possible, until a great change takes place in the fundamental constitution of their
modes of thoughts.
QUO VADIS lawyer.( Quo vadis? is a Latin phrase meaning "Where are you going?)

Lawyers have do not have a good perception in the publics

eye. Lawyers are perceived to be lower than doctors, engineers, lawyers were
ranked in the level of politicians and serial killers. Legal writers
being lawyers describe the legal profession as a medium of convenience and
enrichment, a creature of the market, a commodity. A defender of
ESTABLISHED interests. A venal (venal: : capable of being bought or
obtained for money or other valuable consideration : purchasable; especially : open to corrupt influence and
especially bribery : mercenary <a venallegislator>)hodgepodge(HODGEPODGE: a heterogeneous mixture : jumble <a hodgepodge of
) [2]of trouble makers milking on the public of hard earned wealth by preying
styles>

on their troubles.

ON THE OTHER HAND,noble ideal LAWYERS are willing

to risk their lives when necessary to assure that
JUSTICE is Done.
Lawyers thrive in TROUBLE and in CHAOS. Lawyers will in die
in a society of social harmony. It is likely that he himself will create TROUBLE
and CHAOS. A lawyer may be thought of as a troublemaker and then the
TROUBLE-SHOOTER.

9. What is the Code of Responsibility for Lawyers? Lawyers shall not

have any CORRUPT motive or interest, encourage any suit or
proceeding.[3]
Code of Responsibility for Lawyers
(LITIGATION: To engage in legal proceedings)
a. Volunteering advise to bring a lawsuit
b. Hunting up defects in titles or other causes of action in order to be
employed for LITIGATION.

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c. Employing agents to Hunt for causes of action to be employed as a

Lawyer for Litigation.
d. Paying reward to those that refer cases to him for litigation.
e. Paying Policemen, court or prison officials, Physicians, Hospital
attaches in influencing the criminal, the sick and the injured, the ignorant
to EMPLOY HIM for Litigation.
f. Searching for unknown heirs for HIM to be employed for Litigation.
g. Initiating trouble in a club for them to contest CLUB by-laws and
get him employed for their litigation.
h. Purchasing notes(notes that could not be collected by lenders) to collect them by
litigation at a profit.
i. Initiating and Furnishing credit reports to Lenders that he could
collect for them so he may be employed for Litigation.
j. Agreeing with a purchaser of future interests to invest therein in
CONSIDERATION of HIS SERVICES.

10. GROUNDS for Disbarment

a. Deceit, Malpractice, Gross misconduct in office
b. Conviction of a crime involving moral turpitude
c. Grossly immoral conduct
d. Violation of the Lawyers oath
e. WILLFUL disobedience to LAWFUL ORDERs OF THE COURT
f. Corruptly appearing for a party without authority to do so
g. SOLICITATION of cases at law for the purpose of gain.

1 What is a Lawyers duty to an indigent? A Lawyer must

make his services available to POOR and financially
disadvantaged people in the PROCESS of their claims or
defense of their rights EVEN if they are GUILTY.
1
Write the Lawyers OATH.
Lawyer's Oath
I, do solemnly swear that
1. I will maintain allegiance to the Republic of the

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Philippines,
2. I will support the Constitution and Obey the Laws as well
as the Legal Orders of the Duly constituted Authorities
therein;
3. I will do no falsehood, nor consent to the doing of any in
court;
4. I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to
the same;
5. I will delay no man for money or malice,
6. and will conduct 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 these
voluntary obligations without any mental reservation or
purpose of evasion. So help me God.

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