IMPORTANT LAWS, ISSUANCES, RULES TO d.

Attorney-client relationship
BE DISCUSSED Work in government that requires the use of legal
knowledge is considered practice of law. In Cayetano v
1. CODE OF PROFESSIONAL RESPONSIBILITY Monsod, this court cited the deliberations of the 1986
2. 1987 CONSTITUTION Constitutional Commission and agreed that work
a. Art 5 Sec 5
rendered by lawyers in the Commission on Audit
3. RULES OF COURT
requiring “[the use of] legal knowledge or legal talent’ is
a. Rule 138
b. Student practice rule under rule 138-A practice of law (J. Leonen, Victor Lingan v Attty Romeo
(AM NO 19-03-24 SC) Calubaquib and Atty Jimmy Baliga, AC NO 5377 June 30
c. Section 24 of rule 130 of rules on 2014)
evidence (AM NO 19-08-15SC)
The exercise of the powers and functions of a
d. Rule 139-B (disbarment and discipline
Commission on Human Rights Regional Director
of attorneys
constitutes practice of law. Thus, the Regional Director
e. Rule 137 (disqualifications of officers)
4. CIVIL CODE must be an attorney - a member of the bar in good
5. THE NEW CODE OF JUDICIAL CONDUCT FOR THE standing and authorized to practice law. When the
PHILIPPINE JUDICIARY (AM NO 03-05-01-SC) Regional Director loses this authority, such as when he
6. AM NO 02-8-13-SC (2004 RULES ON NOTARIAL or she is disbarred or suspended from the practice of
PRACTICE) law, the Regional Director loses a necessary
7. BM NO 850, MCLE qualification to the position he or she is holding. The
disbarred or suspended lawyer must desist from holding
the position of Regional Director.
PRACTICE OF LAW it means any activity, in or out of
court, which requires the application of law, legal
procedure, knowledge, training, and experience What about paralegal?
(LANDMARK CASE Cayetano v Monsod) That fact that the corporation employs paralegals to
carry out its services is not controlling. What is
The ff acts constitute practice of law: important is that it is engaged in the practice of law by
virtue of the nature of the services it renders which
A. Giving of advice or rendering any kind of service that thereby brings it within the ambit of the statutory
involves legal knowledge prohibitions ULEP v LEGAL CLINIC
B. Appearance in court and conduct of cases in court
Practice of Law as Privilege
C. Preparation of pleadings and other papers incident to Practice of law is a “privilege burdened with
actions as well as drawing of deeds and instruments of conditions”. To enjoy the privileges of practicing law,
conveyance lawyers must adhere to the rigid standards of mental
fitness, maintain the highest degree of morality, and
D. Notarial Acts faithfully comply with the rules of the legal profession
LINGAN V BALIGA

Dissent of J. Padilla Practice of Law as Privilege, not Business

a. public service not money is the primary
En bancmajority of everyone consideration
b. Solicitation of legal business is strictly regulated
Criteria in order to consider a particular activity as
“practice of law”
LAW STUDENT PRACTICE RULE RULE 138-A
a. Habituality - frequent appearance (AM NO. 19-03-24-SC)
b. Compensation
c. Application of law legal principle practice or Under the OLD RULE:
procedure Rule 138-A, Law Student Practice Rule
 -represent judicial bodies
- Section 1. Conditions for student practice - A law client before or admin bodies
student who has successfully completed his 3rd year of quasi judicial -to appear in
the regular four- year prescribed law curriculum and is bodies or admin behalf of
enrolled in a recognized law school’s clinical legal bodies government
education program approved by the Supreme Court, -provide public agency in
may appear without compensation in any civil, criminal legal criminal cases
or administrative case before any trial court, tribunal, orientation subject to Rule
board or officer, to represent indigent clients accepted -assist in public 110, Sec 5 (it
by the legal clinic of the law school. interest must be under
advocacies for the direction
Under the NEW RULE policy and control of
- Section 3. No law student shall be permitted to formulation and Pub Pros)
engage in any of the activities under the Clinical Legal implementation -to prepare
education program of a law school unless the law pleadings in
student has applied for and secured the following appealed cases
certification:

LEVEL 1 LEVEL 2 LEVEL 1 LEVEL 2

To whom For law Currently Who issues Executive judge OCA upon
applicable students who enrolled for the of rtc evaluation and
have second recommendation
successfully semester of of EJ of RTC
completed their their third year Where applied Applicable in all All courts, QJB
1st year-law law courses courts, QJB, AB, and AB in the
courses provided that: within the country
(meaning 2nd where a judicial region
year) student fails to where your law
complete all school is
their third year located
law courses, Must be under the direction of a
level 2 cert is supervising lawyer who is a
automatically member of the Bar in Good
revoked standing

LEVEL 1 LEVEL 2
Practice areas -Interview -perform all - No applicant shall be admitted to the bar
of law student prospective activities under examinations unless he has satisfactorily complete
practitioner client level 1 the following courses in a law school or university
-give legal certification duly recognized by the government: civil law,
advice to client -assist in the commercial law, remedial law, criminal law, public
-Negotiate for taking of and
and on behalf deposition - private international law, political law, labor and
of client and/or social legislation, medical jurisprudence, taxation,
-Draft legal preparing IA of legal ethics, and clinical legal education program
docs, such as witnesses - The revised rule shall take effect at the start of the
affidavits, -appear on Academic year 2020-2021 following its publication
compromise behalf of client in two (2) newspapers of general circulation.
agreements, at any stage of
contracts, proceedings or
demand letter, trial before any
position papers, court (court of
etc law, quasi
 in all her subjects in case she refused.

CODE OF PROFESSIONAL In Cojuangco, Jr. v. Palma (A.C. No. 2474, 15

September 2004), respondent lawyer was disbarred
RESPONSIBILITY when he abandoned his lawful wife and three children,
lured an innocent woman into marrying him and
misrepresented himself as a "bachelor" so he could
CANON 1 – A LAWYER SHALL UPHOLD THE
contract marriage in a foreign land.
CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND LEGAL In Macarrubo v. Macarrubo, (A.C. No. 6148,
PROCESSES. 27 February 2004) respondent entered into multiple
RULE 1.01 – A LAWYER SHALL NOT ENGAGE IN marriages and then resorted to legal remedies to sever
UNLAWFUL, DISHONEST, IMMORAL OR DECEITFUL them. There, the SC ruled that "Is]uch
CONDUCT. pattern of misconduct by respondent undermines the
Institutions of marriage and family institutions that this
Grossly Immoral Conduct, defined. society looks to for the rearing of our children, for the
However, to warrant an administrative penalty, a development of values essential to the survival and
lawyer’s immoral conduct must be so gross as to be well-being of our communities, and for the
“willful, flagrant, or shameless,” so much so that it strengthening of our nation as a whole." As such, "there
“shows a moral indifference to the opinion of the good can be no other fate that awaits respondent than to be
and respectable members of the community.” Grossly disbarred."
immoral conduct must be an act that is “so corrupt and
false as to constitute a criminal act or so unprincipled as In Cabrera v. Agustin, 106 Phil. 256, 259 (1960).
to be reprehensible to a high degree. (Zaguirre vs Respondent lured an innocent woman into a simulated
Castillo, 446 Phil 861 (2003)) marriage and thereafter satisfied his lust. We held that
respondent falled to maintain that degree of morality
In Toledo v. Toledo (117 Phil. 768, 776 (1963), a and integrity which, at all times, is expected of
lawyer was disbarred from the practice of law. members of the bar. He is, therefore, disbarred from
when he abandoned his lawful wife and cohabited with the practice of law.
another woman who had borne him a child;
What about stealing a kiss from a client?
In Obusan v. Obusan, Jr.,( 213 Phil. 437, 440 In Advincula vs Macabata (AC No. 7204, March 7, 2007)
(1984), a lawyer was disbarred after complainant – the SC ruled that The acts of respondent, though, in
proved that he had abandoned her and maintained an turning the head of complainant towards him and
adulterous relationship with a married woman. This kissing her on the lips are distasteful. However, such
court declared that respondent failed to maintain the act, even if considered offensive and undesirable,
highest degree of morality expected and required of a cannot be considered grossly immoral.
member of the bar. - SC took notice of the admission of the respondent
and his apology after he observed that the
In Dantes v. Dantes, (A.C. No. 6486, September 22 complainant was not comfortable for what he did
2004) respondent's act of engaging in illicit relationships
with two different women during the subsistence of his Delos Reyes vs Aznar
marriage to the complainant constitutes grossly - It is the duty of a lawyer, whenever his moral
immoral conduct warranting the imposition of character is put in issue, to satisfy this Court that he
appropriate sanctions. is a fit and proper person to enjoy continued
membership in the Bar
In Delos Reyes v. Aznar, (A.C. No. 1334, November 28 - When his integrity is challenged by evidence, it is
1989 it was ruled that it was highly immoral of not enough that he denies the charges against him;
respondent, a married man with children, to have taken he must meet the issue and overcome the evidence
advantage of his position as chairman of the college of for the relator (Legal and Judicial Ethics, by
medicine in asking complainant, a student in said Malcolm, p. 93) and show proofs that he still
college, to go with him to Manila where he had carnal maintains the highest degree of morality and
knowledge of her under the threat that she would flank integrity, which at all times is expected of him.
- it was highly immoral of respondent, a married In Figueroa vs. Barranco, Jr. (SBC Case No 519, July
man with children, to have taken advantage of his 31, 1999). His engaging in premarital sexual relations
position as chairman of the college of medicine in with complainant and promises to marry suggests a
asking complainant, a student in said college, to go doubtful moral character on his part but the same does
with him to Manila where he had carnal knowledge not constitute grossly immoral conduct. The Court has
of her under the threat that she would flunk in all held that to justify suspension or disbarment the act
her subjects in case she refused. complained of must not only be immoral, but grossly
immoral. "A grossly immoral act is one that is so corrupt
Basic rule: he who alleges must prove and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a
What about the private acts of lawyers? Can he be high degree. It is a willful, flagrant, or shameless act
subjected to disciplinary proceeding? which shows a moral indifference to the opinion of
respectable members of the community.
Navarro vs. Atty. Solidum (AC No. 9872, January
28, 2014) A lawyer may be disciplined for misconduct What about engaging in “money for sex” activities?
committed either in his professional or private capacity.
The test is whether his conduct shows him to be Ventura v Atty Samson (AC 9608, November 27, 2012)
wanting in moral character, honesty, probity, and good – Atty Samson had sex with a 13 year old girl under his
demeanor, or whether it renders him unworthy to custody and while he was married. DISBARRED.
continue as an officer of the court.
Sui generis character of disbarment proceeding – the
What about nonpayment of debt? intention of such proceeding is not to grant relief to the
complainant’s prayer but actually to cleanse the rank of
the legal profession from undesirable members in order
In Toledo vs Abalos (AC 5141, September 29, 1999) in to protect the public
this case, the SC disciplined Atty Abalos, not for failure
to pay her debt which was incurred in her private RULE 1.02 – A LAWYER SHALL NOT COUNSEL OR ABET
capacity, but because of her flouting resistance to ACTIVITIES AIMED AT DEFIANCE OF THE LAW OR AT
lawful order of the Court. LESSENING CONFIDENCE IN THE LEGAL SYSTEM
- Nonpayment of debt per se does not reflect
moral character. There is no fraud. Chu v Atty Guico
- What should the complainant do? File a civil In re Atty Roque Santiago – The lawyer assured the
case for torts spouses that, having been separated for almost nine
- Collection of money is not within the IBP years, they could authorize each to contract another
jurisdiction marriage through a written document and that they
- IBP has no power to discipline lawyers could also execute waiver or renounce whatever action
- IBP is only deputized by the Supreme Court to one may have against the other.
investigate
- IBP is fact finding body RULE 1.03 – A LAWYER SHALL NOT, FOR ANY CORRUPT
MOTIVE OR INTEREST, ENCOURAGE ANY SUIT OR
In Cham vs Atty Paita-Moya, (AC 7494, June 27, 2008), PROCEEDING OR DELAY ANY MAN’S CAUSE.
Atty Paita-Moya as lessee, willfully refused to pay just
rent. Suspended for 1 month. BARRATRY
- This case showed clear deceit. COMMON BARRATRY CONSISTING OF FREQUENTLY
STIRRING UP SUITS AND QUARRELS BETWEEN
Professional competency alone does not make a INDIVIDUALS WAS A CRIME AT THE COMMON LAW,
lawyer a worthy member of the Bar. Good moral AND ONE OF THE PENALTIES FOR THIS OFFENSE WHEN
character is always an indispensable requirement COMMITTED BY AN ATTORNEY WAS DISBARMENT.
(Cojuangco vs Atty Palma) STATUTES INTENDED TO REACH THE SAME EVIL HAVE
BEEN PROVIDED IN A NUMBER OF JURISDICTIONS
What about premarital sex and unfulfilled promises to USUALLY AT THE INSTANCE OF THE BAR ITSELF, AND
marry? HAVE BEEN UPHELD AS CONSTITUTIONAL. THE
REASON BEHIND STATUTES OF THIS TYPE IS NOT
DIFFICULT TO DISCOVER. THE LAW IS A PROFESSION CANON 2 – A LAWYER SHALL MAKE HIS LEGAL
AND NOT A BUSINESS. THE LAWYER MAY NOT SEEK OR SERVICES AVAILABLE IN AN EFFICIENT AND
OBTAIN EMPLOYMENT BY HIMSELF OR THROUGH CONVENIENT MANNER COMPATIBLE WITH THE
OTHERS FOR TO DO SO WOULD BE UNPROFESSIONAL. INDEPENDENCE, INTEGRITY AND EFFECTIVENESS
OF THE PROFESSION
AMBULANCE CHASING – the solicitation of almost any
kind of legal business by an attorney, personally or
RULE 2.01 – A LAWYER SHALL NOT REJECT, EXCEPT
through an agent in order to gain employment
FOR VALID REASONS, THE CAUSE OF THE DEFENSELESS
(Linsangan v Atty Tolentino, AC 6672, September 4,
OR THE OPPRESSED
2009)
RULE 2.02 – IN SUCH CASES, EVEN IF THE LAWYER
In re: Tagorda The most worthy and effective
DOES NOT ACCEPT A CASE, HE SHALL NOT REFUSE TO
advertisement possible, even for a young lawyer, and
RENDER LEGAL ADVICE TO THE PERSON CONCERNED IF
especially with his brother lawyers, is the establishment
ONLY TO THE EXTENT NECESSARY TO SAFEGUARD THE
of a well-merited reputation for professional capacity
LATTER’S RIGHTS
and fidelity to trust. This cannot be forced, but must be
the outcome of character and conduct.
REPUBLIC ACT NO. 9999
RULE 1.04 – A LAWYER SHALL ENCOURAGE HIS
AN ACT PROVIDING A MECHANISM FOR FREE LEGAL
CLIENTS TO AVOID, END OR SETTLE A CONTROVERSY IF
ASSISTANCE AND FOR OTHER PURPOSES
IT WILL ADMIT OF A FAIR SETTLEMENT.
SECTION 5. Incentives to Lawyers – For purposes of this
TAN v Atty Alvarico The settlement of the civil aspect
Act, a lawyer or professional partnerships rendering
of the theft case filed against his client was towards his
actual free legal services, as defined by the Supreme
client’s interest, and even encouraged by our legal
Court, shall be entitled to an allowable deduction from
system and aligned duty of an attorney. The civil aspect
the gross income, the amount that could have been
of theft is subject to mandatory Court-Annexed
collected for the actual free legal services rendered or
Mediation (cam) and Judicial Dispute Resolution (JDR)
up to ten percent (10%) of the gross income derived
wherein parties are encouraged to reach a settlement
from the actual performance of the legal profession,
and put an end to litigation. Further, a lawyer is
whichever is lower: Provided that the actual free legal
encouraged under Rule 1.04 of the Code of Professional
services herein contemplated shall be exclusive of the
Responsibility to encourage his clients to settle a
minimum sixty (60)-hour mandatory legal aid services
controversy if it would admit of a fair settlement.
rendered to indigent litigants as required under the
Rule on Mandatory Legal Aid Services for Practicing
- The quantum of proof for administrative
Lawyers, under BAR MATTER NO. 2012, issued by the
proceedings against lawyers is substantial evidence
Supreme Court.
and not preponderance of evidence. Substantial
evidence is the evidence which a reasonable mind
SALIENT FEATURES OF RA 9999
might accept as adequate to justify or support a
1. The law will allow indigent litigants to acquire
conclusion.
the services of renowned lawyers and law firms
for free.
2. In exchange for the services rendered by the
lawyer or the law firm, they will be given tax
incentives equivalent to the cost of the services
rendered to the indigent litigant.
3. It will help relieve the Public Attorney’s Office
(PAO) of its numerous caseloads involving
indigent litigants who shall be referred to
lawyers or law firms in private practice.
4. It should entice renowned and distinguished
firms and lawyers in the practice as their
 services shall still be compensated Professional calling cards may only contain the
commensurately through the tax incentives. following details:
RULE 2.03 – A LAWYER SHALL NOT DO OR PERMIT TO a. Lawyer’s name
BE DONE ANY ACT DESIGNED PRIMARILY TO SOLICIT b. Name of the law firm with which he is
LEGAL BUSINESS. connected
c. Address
Atty Khan vs Atty Simbillo d. Telephone number
Nonetheless, the solicitation of legal business is not e. Special branch of law practiced
altogether proscribed. However, for solicitation to be
proper, it must be compatible with the dignity of the Zamora v Atty Gallanosa
legal profession. If it is made in a modest and decorous A lawyer-client relationship was established from the
manner, it would bring no injury to the lawyer and to very first moment respondent discussed with
the bar. Thus, the use of simple signs stating the name complainant the labor case of her husband and advised
or names of the lawyers, the office and residence her as to what legal course of action should be pursued
address and fields of practice, as well as advertisement in
in legal periodicals bearing the same brief data, are
permissible. Even the use of calling cards is now Villatuya v Atty. Tabalingcos
acceptable. Publication in reputable law lists, in a A lawyer is not prohibited from engaging in business or
manner consistent with the standards of conduct other lawful occupation. Impropriety arises, though,
imposed by the canon, of brief biographical and when the business is of such a nature or is conducted in
informative data is likewise allowable. such a manner as to be inconsistent with the lawyer’s
duties as member of the bar. This inconsistency arises
The use of an ordinary simple professional card is also when the business is one that can readily lend itself to
permitted. The card may contain only a statement of his the procurement of professional employment for the
name, the name of the law firm which he is connected lawyer; or that can be used as a cloak for indirect
with, address, telephone number and special branch of solicitation on the lawyer’s behalf; or is of a nature that,
law practiced. The publication of a simple if handled by a lawyer, would be regarded as the
announcement of the opening of a law firm or of practice of law.
changes in the partnership, associates, firm name or
office address, being for the convenience of the RULE 2.04 A LAWYER SHALL NOT CHARGE RATES
profession, is not objectionable. He may likewise have LOWER THAN THOSE CUSTOMARILY PRESCRIBED
his name listed in a telephone directory but not under a UNLESS THE CIRCUMSTANCES SO WARRANT
designation of special branch of law.
CANON 3 – A LAWYER IN MAKING KNOWN HIS
The following elements distinguish the legal profession LEGAL SERVICES SHALL USE ONLY TRUE, HONEST,
from a business: FAIR, DIGNIFIED AND OBJECTIVE INFORMATION
1. A duty of public service, of which the OR STATEMENT OF FACTS.
emolument is a by-product, and in which one
may attain the highest eminence without RULE 3.01 – A LAWYER SHALL NOT USE OR PERMIT
making much money; THE USE OF ANY FALSE, FRAUDULENT, MISLEADING,
2. A relation as an “officer of the court” to the DECEPTIVE, UNDIGNIFIED, SELF-LAUDATORY OR
administration of justice involving thorough UNFAIR STATEMENT OR CLAIM REGARDING HIS
sincerity, integrity and reliability; QUALIFICATIONS OR LEGAL SERVICES
3. A relation to clients in the highest degree of
fiduciary; RULE 3.02 – IN THE CHOICE OF A FIRM NAME, NO
4. A relation to colleagues at the bar characterized FALSE, MISLEADING, OR ASSUMED NAME SHALL BE
by candor, fairness, and unwillingness to resort USED. THE CONTINUED USE OF THE NAME OF A
to current business methods of advertising and DECEASED PARTNER IS PERMISSIBLE PROVIDED THAT
encroachment on their practice, or dealing THE FIRM INDICATES IN ALL ITS COMMUNICATIONS
directly with their clients. THAT SAID PARTNER IS DECEASED.

Linsangan v Atty Tolentino Pangan v Atty Ramos (AM No 1053 September 7, 1979)
– the attorney’s roll or register is the official record
containing the names and signatures of those who are
authorized to practice law. A lawyer is not authorized to
use a name other than the one inscribed in the Roll of
Attorneys in his practice of law.

RULE 3.03 – WHERE A PARTNER ACCEPTS PUBLIC

OFFICE, HE SHALL WITHDRAW FROM THE FIRM AND
HIS NAME SHALL BE DROPPED FROM THE FIRM NAME
UNLESS THE LAW ALLOWS HIM TO PRACTICE LAW
CONCURRENTLY.

RA 6713 Code of Conduct and Ethical Standards for

Public Officials and Employees

Section 7. Prohibited Acts and Transactions

Public officials and employees during their incumbency
shall not: (2) engage in the private practice of their
profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to
conflict with their official functions;

Public officials who cannot engage in the private

practice of law in the Philippines:
- Judges and other officials as employees of the
Supreme Court
-

RULE 3.04 – A LAWYER SHALL NOT PAY OR GIVE

ANYTHING OF VALUE TO REPRESENTATIVES OF THE
MASS MEDIA IN ANTICIPATION OF, OR IN RETURN
FOR, PUBLICITY TO ATTRACT A LEGAL BUSINESS

CANON 4 – A LAWYER SHALL PARTICIPATE IN THE

DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE