1.

2 The Catholic Lawyer

The Noble and Ethical Mission of the Legal Profession
Goals of the College of Law
The College of Law of Father Saturnino Urios University is committed to (PITC):
(1) Prepare students for the practice of law.
(2) Increase awareness among members of the legal profession of the needs of the poor,
deprived and oppressed sector of the society.
(3) Train the students for leadership
(4) Contribute towards the promotion and advancement of justice and the improvement of its
administration, the legal improvement of legal institutions in the light of the law in the
Philippines and in other countries.
Legal education aims to impart among law students: (AEPDTIP)
(1) A broad knowledge of law and its various fields of legal institutions.
(2) Enhance their legal research abilities to enable them to analyze, articulate and apply the
law effectively, as well as allowing them to have a holistic approach to legal issues and problems.
(3) Prepare the law students for advocacy, counseling, problem solving and decisionmaking to deal with the recognition of legal problems of the present and the future.
(4) Developing competence in any fields of law as is necessary for gainful employment,
sufficient as a foundation for the future.
(5) Training beyond the basic professional degree, and to develop in them the desire and
capability for continuing study and self-improvement.
(7) Inculcate in the students the ethics and responsibilities of the legal profession.
(8) Produce lawyers who conscientiously pursue the lofty ideals of their profession and
fully adhere to its ethical norms.
Mission and Vision of FSUU
A. Mission
FSUU commits itself to (PFE):
(1) Provide balanced program of spiritual formation, educational development, research
undertakings, and community involvement for all (SF-ED-RU-CI);
(2) Form self-determined Filipinos who uphold the integrity of creation, are crusaders of truth and
justice, proud of their identity and heritage and in a dialogue with different cultures;
(3) Empower all as catalysts for social transformation and development.
B. Vision (FSUU, L-E, F, C, D, EI)
Father Saturnino Urios University, a lay-empowered, Filipino, Catholic, Diocesan, Educational
Institution, envisions a community of men and women committed to pursue the work of Christ for
the wholeness of society.
Church and State Revisited
Parables of Christ
Parable of the Prodigal Son

According to the story, a father has two sons. The younger son asks for his inheritance before the father
dies, and the father agrees. The younger son, after wasting his fortune (the word "prodigal" means
"wastefully extravagant"), goes hungry during a famine, and becomes so destitute he longs to eat the
same food given to hogs, unclean animals in Jewish culture. He then returns home with the intention of
repenting and begging his father to be one of his hired servants, expecting his relationship with his father
is likely severed. Regardless, the father finds him on the road and immediately welcomes him back as his
son and holds a feast to celebrate his return, which includes killing a fattened calf usually reserved for
special occasions. The older son refuses to participate, stating that in all the time he has worked for the
father, he never disobeyed him; yet, he did not even receive a goat to celebrate with his friends. The
father reminds the older son that the son has always been with him and everything the father has is the
older son's (his inheritance). But, they should still celebrate the return of the younger son because he was
lost and is now found.

Parable of the Ten Virgins

In the Parable of the Ten Virgins, Jesus tells a story about a party of virgins, perhaps bridesmaids or
torchbearers for a procession, chosen to participate in a wedding. Each of the ten virgins is carrying a lamp
or torch as they await the coming of the bridegroom, which they expect at some time during the night.
Five of the virgins are wise and have brought oil for their lamps. Five are foolish and have only brought
their lamps.
At midnight, all the virgins hear the call to come out to meet the bridegroom. Realizing their lamps have
gone out, the foolish virgins ask the wise ones for oil, but they refuse, saying that there will certainly
not be enough for them to share. While the foolish virgins are away trying to get more oil, the bridegroom
arrives. The wise virgins then accompany him to the celebration. The others arrive too late and are
excluded.

Parable of the Unjust Judge

A judge (who is both atheistic and lacking compassion) is repeatedly approached by a poor widow, seeking
justice. Initially rejecting her demands, he eventually honors her request so he will not be worn out by her
persistence.

Parable of the Good Samaritan

A traveler (who may or may not have been a Jew) is stripped of clothing, beaten, and left half dead along
the road. First a priest and then a Levite come by, but both avoid the man. Finally, a Samaritan comes by.
Samaritans and Jews generally despised each other, but the Samaritan helps the injured man. Jesus is
described as telling the parable in response to a question regarding the identity of the "neighbor",
whom says should be loved.

2.1 Legal Ethics are the minimum standards of appropriate conduct within the legal profession,
involving the duties that its members owe one another, their clients, and the courts. Also
termed etiquette of the profession. (Blacks Law Dictionary 8th Edition)
The term legal ethics is the embodiment of all principles of morality and refinement that
should govern the conduct of every member of the bar. It has also been broadly defined as the
living spirit of the profession, which limits yet uplifts it as a livelihood. (Legal and Judicial
Ethics, Agpalo)
2.2 Sources of Legal Ethics are the pertinent provisions of (RRCCCAW):
(a) Rules of Court;
(b) Related laws;
(c) Controlling decisions of the Supreme Court;
(d) Code of Professional Responsibility;

(e) Canons of Professional Ethics;

(f) Applicable doctrines laid down by the court; and
(g) Writings of legal scholars on the subject.
2.3 Code of Professional Responsibility
Reason for its formulation A sense of identity and the necessity of restating the canons to
conform to the present-day realities and reflect the local customs, traditions and practices of the
bar.
History and Sources
It was not until 1917 when the Philippine Bar realized that something more than the oath and
duties of a lawyer were needed to attain the full measure of public respect to which the legal
profession is entitled.
In 1917, the Philippine Bar Association adopted, as its own, Canons 1 to 32 of the Canons of
Professional Ethics of the American Bar Association.
In 1946, it again adopted, as its own, Canons 32 to 47 of the Canons of Professional Ethics of
the American Bar Association.
For a number of years these canons served as the ethical rules and guiding principles in the
practice of law in the country. The Supreme Court has cited and applied some of those canons in
cases of professional misconduct. But it is obvious that more than adopting and applying the
Canons of Professional Ethics of the American Bar Association is required.
In 1980, the Integrated Bar of the Philippines adopted a proposed Code of Professional
Responsibility, which it later submitted to the Supreme Court for approval.
On June 21, 1988, the Supreme Court promulgated the Code of Professional Responsibility.
Structure of Code The Code consists of 22 Canons and 77 Rules, which are divided into four
(4) Chapters, namely:
(1) The Law and Society
(2) The Lawyer and the Legal Profession
(3) The Lawyer and the Courts
(4) The Lawyer and the Clients
The Code establishes norms of conduct and ethical standards for all lawyers, including those in
the governmental service, to observe in their professional, official and private capacities. The
Code is binding upon all lawyers and failure to live up to any of its provisions is a ground for
disciplinary action.
3.0 State Regulation Chapter 1, 2A
3.1 The Supreme Court. Article VIII, Section 5 [5]: The Supreme Court has the power to
promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated
bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
NOTE: The power to admit applicants to the practice of law has been traditionally
exercised by the Supreme Court as an inherent part of its judicial power.
Who has the power to regulate practice of law?
The practice of law is so intimately affected with public interest that it is both a right and duty of
the state to control and regulate it in order to promote the public welfare. The Constitution
vests this power of control and regulation in the Supreme Court. The right to define and
regulate the practice of law naturally and logically belongs to the judiciary represented by the

high tribunal since the practice of law is inseparably connected with the exercise of its
judicial power in the administration of justice.
3.2 The Congress and the People.
(1) Article XII, Section 14 [2]: The practice of all professions in the Philippines shall be
limited to
Filipino citizens,
save in cases prescribed by law.
(2) Article XII, Section 10: The Congress shall, upon recommendation of the economic
and planning agency,
when the national interest dictates, reserve to citizens of the
Philippines or to
corporations or associations at least sixty per centum of whose capital is
owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas
of investments. The Congress shall enact measures that will encourage the formation
and
operation of enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall
give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and
in accordance with its national goals and priorities.
Compare 1973 CONST Article X, Section 5 [5] and 1935 CONST Article VIII, Section 13.
1973 CONST Article X, Section 5 [5]: The Supreme Court shall have the power to promulgate
rules concerning pleading, practice, and procedure in all courts, the admission to the practice of
law, and the integration of the Bar, which, however, may be repealed, altered, or supplemented
by the Batasang Pambansa. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
1935 CONST Article VIII, Section 13: The Supreme Court shall have the power to promulgate
rules concerning pleading, practice, and procedure in all courts, and the admission to the
practice of law. Said rules shall be uniform for all courts of the same grade and shall not diminish,
increase, or modify substantive rights. The existing laws on pleading, practice, and procedure are
hereby repealed as statues, and are declared Rules of Courts, subject to the power of the
Supreme Court to alter and modify the same. The National Assembly shall have the power to
repeal, alter, or supplement the rules concerning pleading, practice, and procedure, and the
admission to the practice of law in the Philippines.
4.0 Legal Education
4.1 Rule 138, Section 6, Rules of Court: Pre-Law. No applicant for admission to the bar
examination shall be admitted unless he presents a certificate that he has satisfied the Secretary
of Education that, before he began the study of law, he had pursued and satisfactorily completed
in an authorized and recognized university or college, requiring for admission thereto the
completion of a four-year high school course, the course of study prescribed therein for a
bachelor's degree in arts or sciences with any of the following subjects as major or field of
concentration: Political Science, Logic, English, Spanish, History and Economics.
In the Matter of the Petition for Disbarment of Telesforo A. Diao vs. Severino G. Martinez
A.C. No. 244, March 29, 1963
FACTS:
Telesforo A. Diao took the law examinations in 1953 and was admitted to the Bar. Two years
later, Martinez charged Diao for falsifying the information in his Bar Exam application, that he had the
required academic qualifications. Upon investigation by the Solicitor General, it was found out that (1)
Diao did not complete his high school training before taking up law subjects, and (2) neither did he
obtain his Associate in Arts (AA) degree from Quisumbing College in 1941. For this reason, the SG
recommends that Diaos name be erased from the roll of attorneys.
Diao admits the first charge, but he claims to have served the U.S Army and has passed their
General Classification Test, which, according to Diao, is equivalent to a High School Diploma, although
he failed to submit any certification to substantiate such claims from the proper school officials. The

Court finds this claim doubtful; however, the second charge was clearly meritorious as Diao never
obtained his AA degree from Quisumbing College as represented in his application for examination. In
his defense, Diao claims that he was erroneously certified, due to confusion, and asserts that he
obtained his AA degree from Arellano University in 1949.
ISSUE:
Should Diao be disbarred despite the fact that he had already passed the Bar?
RULING:
NO. Diao should be disbarred despite the fact that he had already passed the Bar. Diaos explanation
is not acceptable for his claims of error or confusion in his certification was his own making. If he
claims to have obtained his AA from Arellano University, then the application would also have
disclosed that he got it in April, 1949. Aside from that, he would not have been permitted to take the
bar tests because prior to taking the Bar exam, he must affirm under oath that before studying law,
he had successfully complied the required pre-legal education (AA), but he did not. Hence, Telesforo
A. Diao was not qualified to take the bar examinations despite the fact that he luckily passed it and
was admitted to the Bar under false pretense in his application. Passing the bar is not the only
qualification to become attorney, taking the prescribed courses of legal study is equally essential. The
Court ordered to strike his name from the roll of attorneys and required him to return his lawyers
diploma.

4.2 Rule 138, Section 5, Rules of Court: Additional requirements for other applicants. All
applicants for admission other than those referred to in the two preceding section shall, before
being admitted to the examination, satisfactorily show that they have regularly studied law for
four years, and successfully completed all prescribed courses, in a law school or university,
officially approved and recognized by the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law, shall be filed as evidence of
such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed
the following courses in a law school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private international law, political law,
labor and social legislation, medical jurisprudence, taxation and legal ethics.
4.3 RA 7662 (1993) An Act Providing for Reforms in Legal Education Board and for
other Purposes