Académique Documents
Professionnel Documents
Culture Documents
APPEARANCE OF NON-LAWYERS
CONCEPT
The practice of law is any activity, in or out of court,
which requires the application of law, legal
procedure, knowledge, training and experience. It is
to give notice or render any kind of service, which
device or service requires the use in any degree of
legal knowledge or skill. [Cayetano v. Monsod, (1991)]
NATURE
PRIVILEGE
(1) Habituality
(2) Application of law, legal principles, practice, or
procedure
(3) Compensation
(4) Attorney-client relationship
QUALIFICATIONS
NON-LAWYERS IN COURTS
Agent or Friend
Self-representation
Rules of Court, Rule 138, Sec. 34. By whom litigation
conducted. In the court of a municipality a party may
conduct his litigation in person, with the aid of an
agent or friend appointed by him for that purpose, or
with the aid of an attorney. In any other court, a party
may conduct his litigation personally or by aid of an
attorney, and his appearance must be either
personal or by a duly authorized member of the bar.
(1) Citizenship
(2) Residence
(3) Age (above 21 y/o)
(4) Good Moral Character and no charges involving
moral turpitude
(5) Legal Education (pre-law, law proper)
(6) Bar Examinations
(7) Lawyers Oath
PAGE 1
UP COLLEGE OF LAW
Limitations
(1) Non-adversarial contentions
(2) Not habitually rendered
(3) Not charge for payment.
Relative Prohibition
(1) Senators and House of Representatives members
(prohibition to appear) [Const. Art VI, Sec. 14]
(2) Sanggunian Members
Rules of Procedure for Small Claims Cases, AM No.088-7, Sec. 17. Appearance of Attorneys Not Allowed.
No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the
plaintiff or defendant.
Katarungang Pambarangay
RA 7160, Sec. 415. In all katarungang pambarangay
proceedings the parties must appear in person
without the assistance of counsel or representative
except for minors and incompetents who may be
assisted by their next of kin who are not lawyers.
OF THE
JUDICIAL
LEGAL ETHICS
It is that branch of moral science which treats of the
duties which an attorney at law owes to his clients, to
the courts, to the bar and to the public. [G.A.
Malcolm, Legal and Judicial Ethics 8, 1949]
PROFESSION
Absolute Prohibition
(1) Judges and other officials as SC employees
(2) OSG officials and employees
PAGE 2
UP COLLEGE OF LAW
DUTIES TO SOCIETY
RESPECT FOR LAW AND LEGAL PROCESSES
Barratry or Maintenance
Inciting or stirring up quarrels, litigation or
groundless lawsuits.
Ambulance Chasing
Accident-site solicitation of almost any kind of legal
business by laymen employed by an attorney for the
purpose or by the attorney himself
Requirements
Every practicing lawyer is required to render a
minimum of sixty (60) hours of free legal aid services
to indigent litigants in a year. Said 60 hours shall be
spread within a period of twelve (12) months, with a
minimum of five (5) hours of free legal aid services
each month.
PAGE 3
UP COLLEGE OF LAW
AND
OBJECTIVE
Obligations
(1) To self for continued improvement of knowledge
(2) To his profession for maintenance of high
standards of legal education
(3) To the public for social consciousness
Penalty:
(1) Non-Compliance Fee of Php 1,000.00.
(2) Listing as a delinquent member of the IBP
Statutory Basis
RA 6397. The Supreme Court may adopt rules of
court to effect the integration of the Philippine Bar
under such conditions as it shall see fit in order to
raise the standards of the legal profession improve
the administration of justice and enable the bar to
discharge its public responsibility more effectively.
PAGE 4
UP COLLEGE OF LAW
UPHOLDING THE
PROFESSION
DIGNITY
Statutory Basis
AND
INTEGRITY
OF
THE
Statutory Basis
Rule 7.01 A lawyer shall be answerable for
knowingly making a false statement or suppressing a
material fact in connection with his application for
admission to the bar.
THE COURTS
CANDOR, FAIRNESS
CANDOR
COURTS
TOWARDS
Statutory Basis
Canon 8. A lawyer shall not, in his professional
dealings, use language which is abusive offensive or
otherwise improper.
This rule also prohibits lawyers from encroaching
upon the professional employment of another
lawyer.
PAGE 5
UP COLLEGE OF LAW
Statutory Basis
Traditional attires
(1) Males: Long-sleeve Barong Tagalog or coat and
tie
(2) Females: Semi-formal attires.
(3) Judges also appear in the same attire in addition
to black robes.
THE CLIENTS
AND
EFFICIENT
Statutory Basis
Canon 12: A lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice.
Counsel de Officio
A counsel appointed or assigned by the court, from
among such members of the bar in good standing
who by reason of their experience and ability, may
adequately defend the accused.
PAGE 6
UP COLLEGE OF LAW
Statutory Basis
Confidentiality Rule
Privileged Communications
Rule 15.01. A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether
the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith
inform the prospective client.
PAGE 7
UP COLLEGE OF LAW
Negligence
Rule 18.03. A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Collaborating Counsel
Fiduciary Relationship
Delivery of Funds
Rule 16.03 - A lawyer shall deliver the funds and
property to his client when due or upon demand.
However,
(a) he shall have a lien over the funds and
(b) may apply so much thereof as may be necessary
to satisfy his lawful fees and disbursements,
(c) giving notice promptly thereafter to his client. He
shall also have a lien to the same extent on all
judgments and executions he has secured for his
client as provided for in the Rules of Court.
Borrowing or Lending
Rule 16.04. A lawyer shall not borrow money from
his client unless the clients interests are fully
protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
money to a client except when, in the interest of
justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
Clients Fraud
Rule 19.02. A lawyer who has received information
that his client has, in the course of the
representation, perpetuated a fraud upon a person
or tribunal, shall promptly call upon the client to
rectify the same, and failing which he shall terminate
the relationship with such client in accordance with
the Rules of Court.
Statutory Basis
Statutory Basis
As to substantial matter
Employment itself confers upon the attorney no
implied or apparent authority to bind the client on
substantial matters which the attorney may not
impair, novate, compromise, settle, surrender or
destroy without the clients consent or authority:
(1) Cause of action,
(2) Claim or demand sued upon
(3) Subject matter of the litigation
PAGE 8
UP COLLEGE OF LAW
As to matters of law
In matters of law, the client should yield to the
lawyer (not the lawyer to the client) for the lawyer is
better trained and skilled in law. Also, proceedings to
enforce remedies are within the exclusive control of
the attorney.
ATTORNEYS FEES
Acceptance Fees
Canon 20: A lawyer shall charge only fair and
reasonable fees.
Duration of duty
The lawyers duty to maintain inviolate his clients
confidence is perpetual. It outlasts even the lawyers
employment.[Genato v. Silapan (2003)]
When Allowed
Champertous Contract
One where the lawyer stipulates with his client the
prosecution of the case that he will bear all the
expenses for the recovery of things or property being
claimed, and the latter pays only upon successful
litigation. Void for being against public policy.
Contingent Contract
PAGE 9
UP COLLEGE OF LAW
Suspension, Disbarment
& Discipline of Lawyers
NATURE OF PROCEEDINGS
WITHDRAWAL OF SERVICES
Limitations
(1) Client cannot deprive counsel of right to be paid
services if dismissal is without cause
(2) Client cannot discharge counsel as an excuse to
secure repeated extensions of time
(3) Notice of discharge is required for both court and
adverse party
PROCEEDINGS
PROCEDURE FOR SUSPENSION OR DISBARMENT OF
ATTORNEYS BY THE IBP PROCEDURE FOR SUSPENSION OR
DISBARMENT OF ATTORNEYS (RULE 139-B) BY THE
SUPREME COURT MOTU PROPIO
Suspension
Fine
Suspension
and Fine
PAGE 10
UP COLLEGE OF LAW
(1) Warning
(2) Admonition
(3) Reprimand
(4) Suspension
(a) Definite
(b) Indefinite
(5) Censure
(6) Disbarment
(7) Interim Suspension
(8) Probation
Mandatory
Continuing
Legal Education
PURPOSE
PURPOSE OF THE MCLE
COMPLIANCE
INITIAL COMPLIANCE PERIOD
PAGE 11
UP COLLEGE OF LAW
SANCTIONS
NON-COMPLIANCE FEE
A member who, for whatever reason, is in noncompliance at the end of the compliance period shall
pay a non-compliance fee. (Rule 13, Section 1)
LISTING AS DELINQUENT MEMBER
Notarial Practice
Notary Public or a notary is any person commissioned
to perform official acts such as acknowledgements,
oaths and affirmations and jurats.
QUALIFICATIONS OF NOTARY PUBLIC
(1) Citizen of the Philippines
(2) Over 21 years of age
(3) Philippine resident for at least 1 year and
maintains a regular place of work or business in
the city or province where the commission is to be
issued
(4) Member of the Philippine Bar in good standing,
with clearances from the Bar Confidant of the SC
and the IBP
(5) No conviction in the first instance for any crime
involving moral turpitude
Exception: When there are no persons with the
necessary qualifications OR where there are qualified
persons but they refuse appointment, (1) Those who
have passed the studies of law in a reputable
university and (2) A clerk or deputy clerk of court for
a period of not less than two years could be
appointed as notaries.
TERM OF OFFICE OF NOTARY PUBLIC
Irregularity in person
Disqualifications
(1) If notary is personally a party to the instrument
[Villarin v Sabate, AC No. 3224, Feb. 2000]
(2) If he will receive as an indirect and direct result
any commission, fee, advantage, right, title,
interest, cash, property, or other consideration in
excess of what is provided in these rules
(3) If notary is a spouse, common-law partner,
ancestor, descendant, or relative by affinity or
st
PAGE 12
UP COLLEGE OF LAW
SANCTIONS
RULE XI Sec. 1. Revocation and Administrative
Sanctions. xxx
(c) Upon verified complaint by an interested,
affected or aggrieved person, the notary public
shall
(1) be required to file a verified answer to the
complaint.
(2) If the answer of the notary public is not
satisfactory, the Executive Judge shall
conduct a summary hearing.
(3) If the allegations of the complaint are not
proven, the complaint shall be dismissed.
(4) If the charges are duly established, the
Executive Judge shall impose the
appropriate administrative sanctions.
(5) In either case, the aggrieved party may
REVOCATION OF COMMISSION
RULE XI Sec. 1. Revocation and Administrative
Sanctions.
(a) The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the
commission of, or impose appropriate
administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his
notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the
Executive Judge within the first ten (10) days of
PAGE 13
UP COLLEGE OF LAW
INTEGRITY
Canon 2. Integrity is essential not only to the proper
discharge of the judicial office but also to the
personal demeanor of judges.
Sec. 1: Conduct above reproach
Sec. 2: Reaffirm peoples faith
Sec. 3: Take of initiate disciplinary actions against
lawyers or court personnel for unprofessional
conduct
IMPARTIALITY
JUDICIAL ETHICS
Branch of moral science which treats of the right and
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies
brought to them for adjudication which conduct
must be demonstrative of impartiality, integrity,
competence, independence and freedom from
improprieties.
Qualities
CANON 1: INDEPENDENCE
CANON 2: INTEGRITY
CANON 3: IMPARTIALITY
CANON 4: PROPRIETY
CANON 5: EQUALITY
CANON 6: COMPETENCE AND DILIGENCE
INDEPENDENCE
Canon 1. Judicial independence is a prerequisite to
the rule of law and a fundamental guarantee of a fair
trial. A judge shall therefore uphold and exemplify
judicial independence in both its individual and
institutional aspects.
Sec.1: Independent judicial function
Sec.2: Independent from outside pressure
Sec. 3: Not to influence outcome of litigation
pending before another court or agency
Sec. 4: Not to allow family or other relationships to
influence judicial conduct
PAGE 14
UP COLLEGE OF LAW
EQUALITY
Voluntary Inhibition
A judge may, in the exercise of his sound discretion
disqualify himself, for just and valid reasons other
than those mentioned above. [Rule 137, Section 1]
Discipline of Members
of the Judiciary
PROPRIETY
Canon 4. Propriety and the appearance of propriety
are essential to the performance of all the activities
of a. Judge.
Statutory Basis
1987 Constitution, Art. X, Section 2. The President, the
Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions,
and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees
may be removed from office as provided by law, but
not by impeachment.
Ethical Lessons from Former Chief Justice Corona
Overview of Chief Justice Coronas impeachment
May 29, 2012 - The Senate found CJ Corona guilty
under Article II of the Articles of impeachment for his
failure to declare his true statements of assets,
liabilities and net worth. After 20 senators voted in
favor of impeachment under this ground, the Senate
no longer voted under Article III (Flip-flopping
PAGE 15
UP COLLEGE OF LAW
appropriate proceeding;
(5) Conviction of a crime involving moral turpitude;
(6) Willful failure to pay a just debt;
(7) Borrowing money or property from lawyers and
litigants in a case pending before the court;
(8) Immorality;
(9) Gross ignorance of the law or procedure;
(10) Partisan political activities; and
(11) Alcoholism and/or vicious habits.
GROUNDS
Sec. 7. Classification of charges. Administrative
charges are classified as serious, less serious, or
light.
PAGE 16
UP COLLEGE OF LAW
VOLUNTARY DISQUALIFICATION
[Section 1 (2), Rule 137, ROC]
A judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or
valid reasons other than those mentioned above.
Disqualifications
of Justices & Judges (Rule
137)
COMPULSORY DISQUALIFICATION
[Section 1 (1), Rule 137, ROC]
No judge or judicial officer shall sit in any case in
which:
(a) He, or his wife or child, is pecuniarily interested as
heir, legatee, creditor or otherwise; or
(b) He is related to either party within the sixth
degree of consanguinity or affinity, or to counsel
within the fourth degree, computed according to
the rules of the civil law; or
(c) He has been executor, administrator, guardian,
trustee or counsel; or
PAGE 17
UP COLLEGE OF LAW
STENOGRAPHER
It shall be the duty of the stenographer who has
attended a session of a court either in the morning or
in the afternoon, to deliver to the clerk of court,
immediately at the close of such morning or
afternoon session, all the notes he has taken, to be
attached to the record of the case.
Legal Fees
MANNER OF PAYMENT
Upon filing of the pleading or other application
which initiates an action or proceeding, the fees
prescribed therefor shall be paid in full. [Sec. 1, Rule
141 ROC]
FEES IN LIEN
Where the court in its final judgment awards a claim
not alleged, or a relief different from, or more than
that claimed in the pleading, the party concerned
shall pay the additional fees which shall constitute a
lien on the judgment in satisfaction of said lien. The
clerk of court shall assess and collect the
corresponding fees. [Sec. 2, Rule 141 ROC]
Costs
RECOVERY OF COSTS [RULE 142]
PREVAILING PARTY
PAGE 18
UP COLLEGE OF LAW
PAGE 19
UP COLLEGE OF LAW
JUDICIAL ETHICS
PAGE 20