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wrong.
I. Introduction 7. Bench – means the judiciary.
A. Definition of Terms 8. Bar – refers to the legal profession.
1. Lawyer – a member of the Philippine bar; counsel or
attorney-at-law; class of persons who by license are
officers of the court and who are empowered to appear, B. Power to regulate Practice of Law
prosecute and defend and on whom peculiar duties,
responsibilities and liabilities are devolved b law as - The Constitution vests this power of control and regulation in the
consequence. (Cui v. Cui) SC.
2. Practice of Law – see Ulep v. Legal Clinic - Even in the absence of such constitutional provision, the right to
define and regulate the practice of naturally and logically belongs
3. Legal Ethics – is the embodiment of al principles of to the judiciary represented by the high tribunal since the practice
morality and refinement that should govern the conduct of law is inseparably connected with the exercise of its judicial
of every member of the bar; living spirit of the profession, power in the administration of justice.
which limits yet uplifts it as a livelihood; branch of moral
science which treats of the duties which an attorney owes - Power of the SC to regulate the practice of law includes:
to the court, to his client, to his colleagues in the
1. Authority to define the practice of law;
profession and to the public.
2. Prescribe the qualifications of a candidate to and the subjects of
4. Counsel de Parte – is an attorney retained by a party
the bar examination;
litigant, usually for a fee, to prosecute or defend his court
in court. Implies freedom of choice either on the part of 3. Decide who will be admitted to practice
the litigant to continue or terminate the retainer at any
time. 4. Discipline, suspend, or disbar any unfit and unworthy member of
the bar;
5. Counsel de oficio – is an attorney appointed by the
court to defend an indigent defendant in a criminal action 5. Reinstate any disbarred or indefinitely suspended attorney;
or to represent a destitute party in a case.
6. Ordain the integration of the Philippine Bar;
6. Amicus Curiae – is an experienced and impartial
7. Punish for contempt any person for unauthorized practice of law;
attorney invited by the court to appear and help in the
disposition of issues submitted to it. It implies the friendly 8. In general, exercise overall supervision of the legal profession.
intervention of counsel to call the attention of the court to
some matters of law or acts which might otherwise
C. Nature of Office of Attorney - He can speak freely and courageously in the course of judicial
proceedings without the risk of incurring a criminal prosecution or
- A lawyer occupies what may be called a quasi-judicial office an action for damages.
because he is in fact an officer of the court, whose close and
intimate relationship with the bench is best described by hat - He has the right to protest, in a respectful language, any
phrase. unwarranted treatment of a witness or any unjustified delay in the
administration of justice.
- Membership in the bar is a privilege burdened with conditions, one
of the most important of which is mindfulness that a lawyer is an - He is allowed great latitude of pertinent comment in the
officer of the court. furtherance of the causes he upholds.
- He is primarily an officer of the court, a minister in the temple of - The makes his passing the bar examination equivalent to a first-
justice, whose high vocation is to correctly inform the court upon grade civil service eligibility for any position in the classified service
the law and the facts of a case and to assist it in administering in the government the duties of which require knowledge of law, or
impartial justice and arriving at a correct conclusion. a second grade civil service eligibility for any other government
position which does not prescribe proficiency in law as a
- A lawyer is an oath-bound servant of society whose conduct is qualification.
clearly circumscribed by inflexible norms of law and ethics, and
whose primary duty is the advancement of the quest of truth and
justice, for which he has sworn to be a fearless crusader.
E. Duties of Office
- To observe and maintain the respect due the courts of justice and
judicial officers;
- Not to encourage either the commencement or the continuance of - In Municipal trial court, a party may conduct his litigation in person
an action or proceeding, or delay any man’s cause, for any corrupt or with the aid of an agent or friend appointed by him for that
motive or interest. purpose or with the aid of an attorney.
- Never to reject, for any consideration personal to himself, the cause - In the Regional Trial Court and Appellate Courts, a party in a civil
of the defenseless or the oppressed suit may either conduct his litigation personally or by attorney
unless the party is a juridical person, in which case it may appear
- In the defense of a person accused of a crime, by all fair and only by attorney.
honourable means, regardless of his personal opinion as to the guilt
of the accused, to present every defense that the law permits, to - In administrative proceedings, the right to counsel is not
the end that no person may be deprived of life or liberty, but by due indispensable to due process.
process of law. - The rule that appearance by counsel is not obligatory applies only
in civil and administrative cases. The rule does not apply in criminal
cases involving grave and less grave offenses, where an accused
F. Practice of Law, A profession must be represented by counsel de parte or counsel de oficio and in
which his right to counsel is not waivable.
- The practice of law is a profession, a form of public trust, and the
performance of which is entrusted only to those who are qualified
and who possess good moral character.
CASES:
- Both lawyers and laymen must recognize and realize that the legal
profession is a profession and not a trade, and that the basic ideal
of that profession is to render public service and secure justice for Alawi v. Aluya:
those who seek its aid.
Well-recognized is the right of a lawyer, both as an officer of Practice of law means any activity, in or out of court, which
the court and as citizen, to criticize in properly respectful terms and requires the application of law, legal procedures, knowledge,
through legitimate channels the acts of courts and judges. training and experience. To engage in the practice of law is to
perform those acts which are characteristics of the profession.
Generally, to practice of law is to give advice or render any kind of
As a citizen and as officer of the court, a lawyer is expected service that involves legal knowledge or skill. The practice of law is
not only to exercise the right, but also to consider it is duty to avail not limited to the conduct of cases in court. It includes legal advice
of such right. No law may abridge this right. Nor is he and counsel, and the preparation of legal instruments and contracts
“professionally answerable for a scrutiny into the official conduct of by which legal rights are secured, although such matter may or
the judges, which would not expose him to legal animadversion as may not be pending in a court.
a citizen. Atty. Almacen is suspended from the practice of law until
further orders.
In Re Cunanan:
Cayetano v. Monsod: