Reviewer:

Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines,
I will support the constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein;
I will do no falsehood, nor consent to the doing of any in court;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit or give aid nor consent to the
same;
I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well as to the courts as to my clients;
And impose upon myself these voluntary obligations w/o any mental reservation or purpose of evasion. So help me
God.

Legal ethics- it is the branch of moral science which treats of the duties which an atty owes to the court, to his
clients to his colleagues in the profession and to the public as embodied in the Constitution, Code of Professional
Responsibility, Code of Professional Ethics, Jurisprudence, Rules of Court , Moral Law and Special Laws.

Who may Practice Law?

-any person heretofore duly admitted as a member of the bar or hereafter admitted as such in accordance with the
provisions of this rule and who is in good and regular standing is entitled to practice law.

Bar and Bench

Bar -refers to the whole body of attorneys and counsellors
-refers to the collectivity of the persons whose name appear in the roll of attorneys
Bench -it denotes the whole body of judges

Atty-at-law- is a person admitted to practice law in his respective state and authorize to perform both civil and
criminal legal functions for clients, including drafting of legal documents, giving of legal advice and representing
such before courts, administrative agencies, boards, etc.,

Bar admissions- act by which one is licensed to practice before courts of a particular state or jurisdiction after
satisfying certain requirements such as bar examinations, period of residency on grounds of reciprocity after period
of years as a member of bar of another jurisdiction.

Lawyer – this is the general term for a period trained in the law and authorize to advise or represent other in legal
matters.

Trial lawyer- a lawyer who personally handles cases in court, administrative agencies or boards which means
engaging in actual trial work either for the prosecution or for the defense of cases of clients.

Practicing lawyer- one engaged in the practice of law

Practice of law – means any activity, in or out of court which requires the experience, training, application of law,
legal procedure and knowledge.

SOURCES OF LEGAL ETHICS

1. Constitution art 8
2. Rules of Court 137-140
3. Special Laws – local gov’t code R.A 7160
4. Code of Professional Responsibility
-Sec 90 of local gov’t code
Mayor cannot practice law during their term
Vice mayor cannot practice legal profession
5. RPC Art 209 betrayal of secrets
6. Civil Service Rule sec 18
-Conflict of Interest (COI)
-comelec lawyers cannot practice election cases
7. Lawyers oath
-applicable to judges

Nature of Lawyers Oath

1. Source of Obligation
2. Source of Profound obligation

Is practice of law a right or a privilege? P.19-20, 28

-Practice of law is not a matter of right but merely a privilege bestowed upon individuals who are not only learned in
the law but who are also known to possess good moral character.
4-fold test
1. Habituality - implies customary
2. Application of laws -
3. Compensation -source of livelihood
4. Atty-Client Relationship -

Public officials who cannot practice law in the Philippines (p.33)

The following public officials are prohibited to engage in the private practice of law

Elements of Compensation (SEARCH)

Will the case prosper if there is no authority and you are practicing law?
-Nom it will not prosper because there is no atty-CIint relationship.

Private Practice of law p.19

-Character of the service not the place of the service

Requirements for all applicants to the admission of the Bar

1. Sec 1 Rules of Court
2. Sec 2
3. Sec 3
4. Sc 4
5. Sec 5
Requirements in the practice of law p. 18

Discussion
1. Rule 138 Sec 20
2. Privilege
3. Legal profession from business
4. Lawyers are priest of justice
5. Non-lawyers who are authorize to appear in court (sec 34, rule 138)
6. Sec 7, rule 116
7. Rule 138-A
-good moral is a continuing requirement before, during and after passing the bar
8. Labor Arbiter (art 222)
9. Partnerships with non-lawyers (VALID OR VOID)
-VOID
10. Public officials who cannot practice law – p33
11. Public officials with restriction in the practice of law p.34
12. Appearance
13. Remedy of an unauthorized justice?
14. Lawyers oath
15. Bar and bench
16. Notary public
17. Amicus curiae
18. Bar association
19. Breach to promise marriage/marry
20. Grossly immorality p.58
21. Pari delicto
22. Sui generis
23. Defiance of the law- canon 1 rule 1.0.2 p.60
24. Tv ads or radio – canon 4 and 5
25. Legal business -canon 2
26. Death or partner- canon 2 p90
27. The best advertising – p.90 canon 3
-is the talent or skills.
Exceptions on advertising:
-giving ordinary professional cards.
28. Full page ads (unethical or ethical)
-Allowed, if made by the client
-The client has control
29. Disbarment proceedings
-sui generis
30. Streamer
Ex. Congrats for passing the bar 2.1.03
31. Barratry vs Ambulance Chasing- 1.04
-Ambulance chasing
*Barratry walang kaso
Ambulance chasing and barratry are both improper
32. Next meeting: MCLE – CANON 5 AND IBP DUES
*Canon 5

3-fold obligation
1. To continue improving his knowledge of the law (owes it to himself)
2. To take an active interest in the maintenance of high standards of legal education (profession)
3. To make the law a part of their social consciousness (lay public)

MCLE (Mandatory Continuing Legal Education)

-lawyers are required to complete every 3 years at least 36 hours of continuing legal education on specified subjects.

Exempted:
1. Some lawyers are exempted like justices of the SC
2. Some law professors
3. Sandiganbayan
4. Law deans
5. Court of Appeals
6. RTC Judges
7. Members of Congress

*Purpose of MCLE. P98

*IBP Dues/Section 3

a. Membership dues shall accrue and shall be collected annually on or before 10 th of January or upon the
enrollment of a new member in the amount of 2,000 pesos.
b. Membership dues shall cover 1 whole year, from January to December of the given year.
c. Payment made beyond January 10 shall be assessed a penalty of 10 % per year

Section 4
a. Lifetime membership- shall be in the amount of 25,000 Pesos
b. Any lawyer who wishes to avail the lifetime membership must meet all qualifications
(UNFINISHED)

DISCUSSION:

*UDID
Unlawful, Dishonest, Immoral, Deceit

*Nesley case – pikit

*2.01
*2.03 – 3.04 (kambal)
*Best advertisement p.93
Exceptions:
*Indirect Solicitation
2.3 Full page ads
*Sui Generis
*RES IPSA LOQUITOR – the thing speaks for itself

* NBI vs Judge Reyes

*Rule 138, sec 2
-not exclusive
Mandatory compliance -yes

*SANTOS VS LLAMAS- IBP

*6.01-
-revolving door principle
- highly unethical practice
-Entering gov’t service
-Leaving service afterwards
-Carrying w/ him contacts, influence and other information
Not discussion
*Canon 7
Requirements for all applicants:
1. Must be a citizen of the Philippines
2. 21 years of age
3. Of good moral character
4. Must be a resident of the Philippines
5. Must produce before the SC satisfactory evidence of good moral character
6. And that no charges against him, involving moral turpitude have been filed or pending in any court in the
phil.

Additional requirements:
1. Must satisfactorily show that they have regularly studied law for 4 years
2. And successfully completed all prescribed courses in a law schools or university
3. Must be officially approved and recognized by the Secretary of Education

*False statement or Suppression of a material fact:

1. If discovered before the candidate could take the bar examinations
-he will be denied permission to take the examination
2. if discovered after the candidate had passed the examination but before having taken his oath
-he will not be allowed to take his oath as a lawyer
3. if the discovery was made after the candidate had taken his oath as a lawyer, his name will be stricken from
the roll of attorneys
4. when the applicant concealed a charge of crime against him but which crime does not involve moral
turpitude, this concealment will nevertheless will be taken against him
-it is the fact of concealment and not the commission of crime itself that makes him morally unfit to became a
lawyer
-when he made a concealment, he perpetrated perjury.

Discussion:
Atty Reyes vs Atty Chong
Mambaliza vs Tenorio (rule 1.01) -violation UDID)
NLRC vs POEA
10.02 must be verbatim to avoid misleading the court

Canon 15.02
Canon 16
Quantum Meruit – a reasonable sum of money to be paid for services rendered when the amount is due
Sec 24, rule 138

1. When there is no express agreement

2. Unconsumable and unreasonable

*Distinguish charging lien vs retaining lien – 16.02

-prefer charging lien- rule 131, sec 3,n

Assumpsit - remedy of last resort

-it is the civil case by the lawyer for the collection of attys fees against the client

Elements of purchasing of clients property

-Art 14, 91 of the Civil Code
1. There is an atty-client relationship
2. The property is subject to litigation
3. Counsel of report

Question1: regarding art 1491 of the Civil code

Atty x is ace lawyer in falsificaccion
-yung elements of purchasing of clients property nasa phone

Question 2
Atty X appeared as counsel for plaintiff for damage suit. Judgement was rendered in favor of X
-yung property na involve hindi subject sa litigation

*canon 12
Guivarra vs palana
IBIBIGAY SA EXAM YUNG FOUR ELEMENTS
Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294)
1. There must be an attorney-client relationship
2. The property or interest of the client must be in litigation
3. The attorney takes part as counsel in the case
4. The attorney by himself or through another purchases such property or interest during the pendency
of the litigation.
5. This also includes lease and mortgage.

General Rule: A lawyer may not purchase, even at a public or judicial auction, in person or through the
mediation of another, any property or interest involved in any litigation in which he may take part by
virtue of his profession. This prohibition is entirely independent of fraud and such need not be alleged or
proven.
Effects:
a. Malpractice on the part of the lawyer and may be disciplined for misconduct
b. Transaction is null and void
Exceptions:
1. Property is acquired by lawyer through a contingent fee arrangement
2. Any of the 4 elements of Art. 1491 is missing

*Rule 17
*Rule 18
*Memorize canon 20 at least five
*2 concept of atty fees
- ordinary
- extraordinary

-relay to article 22 of civil code

*it is conclusive

Kinds of payment
1. Fixed or absolute
2. Contingent fee
3. Fixed fee from basis of his work
*champertous contract
*differentiate champertous vs contingent fee

*canon 9.02
-it is immortal to share atty’s fees

Privilege of litigation (3) or communication

-page 355
*right to decline or refuse
Memorize charging lien vs retaining lien (7)
*Rules on notarial practice