Note: The candidate must hold and continue to possess 2ood

oral áharacter even after he has been admitted to the LP.

A branch of moral science which treats of the duties which an
attorney owes Pass the ºar
To the court Take Lawyer͛s Oath
To his client Signing of the Roll of Attorneys
To his colleagues in the LP ssuance of a certificate of
To the public membership

   The practice of law is not a property natural or

(1) 2uard against the abuses and ills of the LP constitutional right but a mere privilege.
(2) Raise the standard of the LP Who are entitled to practice law:
(3) Encourage and enhance the respect for law Any person duly admitted as a member of the bar
(4) Assume and effective and efficient administration of and who is in good and regular standing
justice
(5) Assist in keeping and maintenance of law and order c £
(6) Provides for basis for the weeding out of the unfit
and misfit in the LP for the protection of the public ð
 

To engage in the practice is to do any of those acts
£   which are characteristic of the LP
(1) áanons of professional ethics
(2) Supreme áourt decisions ð
 c




(3) Statutes (áá RPá etc) t covers any activity in or out of the court which
(4) áonstitution requires the application of law legal principles
(5) Treatises and publications practice or procedure and calls for legal knowledge
training and experience.
££c ££  c£ 
ÿ ain basis of our LE ð
 c
 

ÿ -une 21 1988 mplies the customary or habitual holding of oneself
ÿ mportance: it has provided the LP an impression of to the public as a lawyer and demanding
identity and sense of independence attuned to the compensation for his legal services; it is frequent
local traditions practices and customs in the Phils. habitual exercise

£ £c £ ð
 á  


ÿ The constitutional power to admit candidates in the #
 "$!*!$
+!#,$",$+-(!"(.,!%$(
LP is a judicial function and involves the exercise of  !" $!# -+ 
"&,+/#- &
+
discretion $ !#!#
+ #&0!#"1
ÿ ºar Examination áommittee:
- áhairman To practice law is to give notice or render any kind of
- 8 members of the bar who act as service which device or service requires the use in
examiners in the 8 bar subjects any degree of legal knowledge or skill.

     !" #$% &'!%%!#$$( Dissenting opinions to the áayetano vs onsod ruling:
 (1) -ustice Hugo 2utierrez:
(1) áitizen of the Phils. The practice envisioned is active and regular not
(2) At least 21 years old isolated occasional accidental intermittent
(3) 2ood moral character incidental seasonal or extemporaneous
(4) Resident of the phils. (2) -ustice Teodoro Padilla:
(5) ust produce before the Sá satisfactory evidence of To practice law or any profession for that matter
good moral character means to exercise or pursue an employment or
(6) No charges against the applicant involving moral profession actively habitually repeatedly or
turpitude have been filed or are pending in any court customarily.
in the Phils. (3) -ustice sagani áruz:
The effect of the definition given in the ponencia is
[ ) to consider virtually every lawyer to be engaged in
áivil Law the practice of law even if he does not earn his living
áommercial Law as a lawyer. t is enough that his activities are
Remedial Law incidentally connected with some law ordinance or
áriminal Law regulation.
Public and Private nternational Law (4) Atty. Ernesto Pineda (author of book)
Political Law To engage in the practice of law he must be in
Labor and Social Legislation actual active and habitual exercise of his legal
edical -urisprudence knowledge or skill specially in court appearances and
Taxation pleadings and this is done generally for
Legal Ethics compensation

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 #3 -
%-(  ,$(!4&$  !#",$ ££    5 £
(1) n cases before the uTá £ 
a party may conduct his own case or litigation in
person with the aid of an agent or friend appointed (1) To maintain allegiance to the country
by him to support the áonstitution
(2) ºefore any other court to obey the laws of the Phils.
a party may conduct his own litigation (2) To observe and maintain the respect due to the
(3) n a criminal case before a uTá where there is no courts of justice and judicial officers
available licensed member of the bar (3) To counsel or maintain actions that are just and
the judge may appoint a non-lawyer who is a such defenses that are honestly debatable
resident of that province of good repute for probity (4) To employ means that are consistent with truth and
and ability to aid the accused in his defense honor
(4) A senior law student under the direct supervision (5) To maintain inviolate the confidence and preserve
and control of an ºP member duly accredited by the the secrets of his client
law school (6) To abstain from all offensive personality
(5) Under the Labor áode (7) Not to encourage action or proceeding or delay any
non-lawyers may appear before the NLRá arbiter if man͛s cause from any corrupt motive or interest
(a) they represent themselves (2) they represent (8) Never to reject the defenseless or oppressed
their organization or (3) they are duly accredited (9) To be in the defense of a person accused of crime
members of any legal aid office duly recognized by regardless of his personal opinion as to the guilt of
the DO- or ºP the accussed.
(6) Under the áadastral Act
a non-lawyer can represent a claimant before the ££c ££  c£ 
áadastral áourt ),#2+6[[
(7) Any person appointed to appear for the 2overnment
of the Phils. in accordance with law áHAPTER 1. THE LAWYER AND SOáETY
(8) A non-lawyer may represent a party before the DAR
Adjudication ºoard áanon 1. A lawyer shall uphold the constitution obey the
laws of the land and promote respect for law and legal
processes.
c££ £c  
c
Rule A lawyer shall not engage in unlawful dishonest
(1) -udges and other officials/employees of the Sá 1.01 immoral or deceitful conduct.
(2) O/E of the Office of the Solicitor 2eneral
(3) 2ov͛t prosecutors A lawyer shall not counsel or abet activities aimed
Rule
(4) President VP áabinet members their deputies and at defiance of the law or at lessening confidence in
1.02
assistants the legal system.
(5) embers of the áonstitutional áommission
A lawyer shall not for any corrupt motive or
(6) Ombudsman and his deputies Rule
interest encourage any suit or proceeding or
(7) All governors city and municipal mayors 1.03
delay any man͛s cause
(8) Those who by special law are prohibited from
engaging in the practice of their LP A lawyer shall encourage his clients to avoid end
Rule
or settle a controversy if it will admit of fair
1.04
settlement
c£  £  c £
  ##1 -
%( ,( &$("#%$!$,$!#+ 
$(
-%$( #&+ #&'$%"$ - #& 

(1) No Senator or ember of the House of "%%%1
Representatives may personally appear as counsel 
before any court of justice electoral tribunal or t is the lawyer͛s primary duty to society or State to
quasi-judicial bodies uphold the áonstitution obey the laws of the land
(2) Sanggunian members who practice law shall not: and promote respect for law and legal processes.
a. Appear as counsel in civil cases against a
local govt unit , 173 -
%( #$#

!#,# -, +&!%(#%$+
b. Appear as counsel in a criminal against !'' +&"!$, "#&,"$1
against a O/E of the nat͛l/local govt
c. áollect any fee for appearance in árimes involving £  c:
administrative proceedings involving the (1) Estafa
L2U (2) ºribery
d. Use govt property and personnel except (3) urder
when defending the interest of the govt (4) ºigamy
e. A retired justice/judge receiving pension (5) áoncubinage
from the govt cannot act as counsel in a civil (6) Abduction
case against the govt (7) Smuggling
 (8) Falsification of public documents
(9) Violation of ºP blg. 22

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2



Some cases of £
 #&: £   
(1) isappropriation of client͛s funds ÿ s what a person really is and now what he or other
(2) Act of fraudulently concealing dutiable importation people think he is
or smuggling ÿ s not a subjective term but one which corresponds
(3) 2iving false statements under oath to objective reality
(4) Wanton falsehood in attaching affidavit of a person ÿ ncludes at least common honesty
known to him as deceased ÿ One͛s own approximation of himself is not a gauge
(5) aneuvering reconveyance of property in the name to his moral character
of the lawyer instead of the client
(6) Submission/presentation of mutilated copies of docs ££ c£

to deceive or mislead the court ÿ From the opinion generally entertained of him the
(7) Falsification of grades in the bar examinations estimate in which he is held by the public in the
(8) áollecting fees on the pretense that counsel would place where he is known.
allegedly appeal even if lawyer knows the decision is
unappealable because it͛s already final  ££ 
(9) nducing someone to buy a piece of land knowing it͛s ÿ Unquestionably so corrupt or unprincipled
not for sale
(10) Delayed failure to account money collected for the nstances of  ££ :
client (1) Abandonment of wife and cohabiting with another
(11) Stealing evidence attached to the court records woman (disbarred)
(12) Adamant refusal to return money he received but (2) ºigamy perpetrated by the lawyer (disqualification
intended for a party and issuing a bouncing check in from admission to bar)
payment therefor (3) Lawyer with carnal knowledge with a woman
(13) Notarization of a falsified deed of sale of his client͛s through promise to marry which he did not fulfill
property (disbarred)
(14) isappropriating the settlement amount which he (4) Seduction of a woman who is the niece of a married
received for the client woman whom the respondent lawyer had
adulterous relations (disbarred)
£  (5) Lawyer arranging marriage of his son to a woman
ÿ Îuality of a human act whereby it measures up to with whom the lawyer had illicit relations (disbarred)
what it should be as a step towards the objective last (6) Lawyer inveigling a woman into believing hat they
end of human action or fails so to measure up had been married civilly to satisfy his carnal desires
ÿ Human acts are good or evil inasmuch as they agree (disbarred)
or conflict with the Divine Reason (7) Lawyer taking advantage of his position to have
carnal knowledge with a student with the threat that
he will flunk the student (disbarred)
5
 £
9
 (8) áoncubinage coupled with failure to support
9, $!' $
£ ££  legitimate children (suspended)
(9) aintaining adulterous relationship with a married
The Norm of orality is remotely and ultimately (but woman (suspended indefinitely)
primarily) the Eternal Law; while proximately (but secondly) (10) Delivering bribe money to a judge on request of
it is áonscience. clients (lawyer-sternly warned; judge-dismissed)
(11) Seducing a woman through promise of marriage by
n reality there are not two norms but onoy one; for a married lawyer (disbarred)
conscience is the judgment of human reason recognizing and
applying the Eternal Law in individual acts.
%( #$",#%  $ "$!*!$!%
A human act to be a morally good act must be found in
agreement with the Norm of orality on all three points i.e.
%$'
it must be good in itself or objectively
in its end and
in its circumstances
, 1723 -
!'& $&! #"$( - $ %%#!#
"#!&#"
!#$( 
%
The great trust of the lawyer is to be performed
within and not without the bounds of the law.

£  The office of the attorney does not permit much
ÿ Doing of an act which is contrary to conscience less does it demand of him for any client violation of
law or any manner of fraud or chicanery. He must
£  c obey his own conscience and not that of his client.
ÿ Done contrary to justice honesty modesty or good
morals Although a lawyer is expected to defend his client͛s
cause with zeal but not at the disregard of the truth
£ £  and in defiance of the clear purpose of labor
ÿ áonduct which is willful flagrant shameless and statutes.
which shows moral indifference to the opinion of the
good and respectable members of the community A lawyer should not act like an errand-boy at the
beck and call of his client.

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8
  
 , 1783 -
%( #$+ #
",$'$!* , 173 -
%( #",
(!%" !#$%$ *!&+#&
!#$%$+#",
 #
%,!$"&!#
&
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 %$$  "#$*%
!!$-!  &'!$ !%$$ '#$1
' #:%" ,%
The nature of compromise agreement is such that a
Lawyers owe it to the court and to society not to stir party must give up some of the rights that he has in
up litigations. consideration of the same act on the part of the
other side.
t is unprofessional for a lawyer to volunteer advice
to bring lawsuit. Attorney͛s fees not ground for disapproval of
compromise: The rights of lawyers to the fees due
Lawyers must not file pointless petitions that only them for services in a litigation cannot have a higher
add to the workload of the judiciary. standing than the rights of the clients or the parties
themselves.
t is the duty of the lawyer not to be an instigator of
any controversy. A lawyer cannot compromise case without client͛s
consent: a lawyer cannot without special authority
   compromise his client͛s litigation or receive anything
ÿ s the offense of frequently exciting and stirring up in discharge of the client͛s claim but the full amount
quarrels and suits either at law or otherwise in cash.

   Exception: however a lawyer has the exclusive

ÿ Figuratively speaking is the lawyer͛s act of chasing
an ambulance carrying the victim of an accident for
the purpose of talking to the said victim or relatives
and offering his legal services for the filing of a case
against the person who caused the accident.
management of the procedural aspect of the
litigation including the enforcement of rights and
remedies of the client.

Evils spawned by ' , #""( %!#
:

(1) Fomenting or litigation with resulting burdens on the
court and the public
(2) Subornation of perjury
(3) ulcting of innocent persons by judgments upon
manufactured cases of actions
(4) Defrauding of injured persons having proper causes
of actions but ignorant of legal right and court
procedure by means of contracts which retain
exorbitant percentages of recovery and illegal
charges for court costs and expenses and against the
just rights of the injured persons.

Some instances of  condemned by the Sá:

(1) Resort to technicalities as a means to frustrate
justice
(2) ºefuddling of the issues in the case by counsel which
invariably will be exposed for what they are
(3) Filing of multiple or repetitious petitions
(4) Filing of several actions covering the same subject
matter or seeking substantially identical relief
(5) Filing frivolous appeals for purposes of delay; an
improper step often taken as a means of draining
the resources of the poorer party and compelling
him to submit out of sheer exhaustion
(6) Filing of motions for postponement and other kinds
of motions for dilatory purposes;
(7) ndiscriminate filing of suits against a party clearly
intended for harassment

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