CANON 9 A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: a. Where there is a pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profitable sharing agreement.
DONNA MARIE S. AGUIRRE vs. EDWIN L. RANA FACTS: Respondent is a successful bar passer in the 2000 bar examinations. He was able to take his oath but not sign his name in the role of attorneys unless he is cleared for the complaint filed against him. Petitioner filed for a petition for Denial of Admission to the Bar, on the grounds of the unauthorized practice of law, grave misconduct, violation of the law and grave misrepresentation. Petitioner aver that, prior to taking his oath, Respondent appeared as counsel to an election candidate before the Municipal Board of Election Canvassers (MBEC) of Masbate, where he filed a pleading and represented himself as counsel for and in behalf of Vice Mayoralty candidate, George Bunan he then signed the pleading as counsel for George Bunan. And since mayoralty Bunan did not seek respondents services, he may have filed the said pleading as a ploy to prevent the proclamation of the winning vice mayoralty. The plaintiff also alleges that respondent is a municipal government employee and is not allowed by law to act as counsel for any client in any court or administrative body. In his defense, respondent claims that Bunan indeed sought for his specific assistance, but he did not sign the pleadings as a lawyer. He only provided specific assistance and advice, not as a lawyer but as a person who knows the law. He also state that he filed for resignation, as secretary of the Sangguniang Bayan of Mandaon, Masbate prior to the elections. Respondent maintain that the administrative case filed against him is motivated mainly by political vendetta since the petitioner is the daughter of the losing candidate for mayor.
ISSUE: WON Respondent is fit, and may sign his name in the role of attorneys, for the admission to the bar.
HELD: Respondent did actively participated in the proceedings and signed as counsel for the candidate. This was the finding of the Office of the Bar Confidant, who was tasked to investigate the minutes of the MBEC. The court held that respondent did engage in unauthorized practice of law. The right to practice law is not a right but a privilege extended to those morally upright and with proper knowledge and skills. It involves strict regulation, one of which is on the moral character of its members. Passing the bar is not the only qualification to become an attorney-at-law. Respondent should know that there are two requisites still to be performed after passing the bar, before becoming a lawyer and those are, taking the lawyers oath and signing his name in the roll of attorneys. The court finds respondent not morally fit to be admitted in the bar, notwithstanding the fact that he already took his oath; he was denied admission to the bar.
ALAWI VS. ALAUYA FACTS: A contract was executed through Petitioners agency, E.B. VILLAROSE, for the purchase on instalments by respondents of a housing unit. A housing loan was also granted by the National Home Mortgage Finance Corporation (NHMFC). Respondent wrote a letter to the president of the agency advising to terminate his contract on the ground that his consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by Petitioner and proceeded to expound using acerbic language. Respondent also wrote a letter to NHMFC repudiating as void his contract with Villarosas agency and asking for the cancellation of his loan. Respondent then wrote three letters to the Supreme Court to stop deductions from his salary regarding the said loan. Petitioner then filed a complaint against respondent for the commission of libellous and malicious charges and the usurp title of attorney that he uses among his letters.
ISSUE: WON Respondent violated the rule of conduct and ethical standards of public officials and employees. WON respondent has the privilege to use the title attorney.
HELD: YES. Respondent being a member of the Sharia Bar and an officer of the court should not use languages which are abusive, offensive, scandalous, menacing or otherwise improper. As a public official and employee, he must at all times respect the right of others and refrain from doing acts contrary to morals, law, public order and public safety and or interest. NO. Respondent is member of the Sharia Bar which is not a full-pledged members of the Philippine Bar. Respondent may only practice law only before a sharia court and may only use the title of counsellor.
ULEP VS. THE LEGAL CLINIC FACTS: This is a petition for the Supreme Court to order the Legal Clinic to cease and desist issuing advertisement similar to or of the same tenor as that of a Law Office. The respondent admits the facts of publication of said advertisements. They however claims that they are not engage in the practice of law but in the rendering of legal support services through paralegals with the use of modern electronic machineries.
ISSUE: WON the services offered by the Legal Clinic, constitute a practice of law.
HELD: According to the IBP, legal support services and legal services is without substantial distinction. The use of the name the LEGAL CLINIC gives the impression that the respondent corporation is being managed by lawyers and that is renders legal services. The advertisements induce the performance contrary to law, morals, public order and public policy. Any activity, in or out of the coury which requires the application of law, legal procedures, knowledge, training and experience; and it is not limited to only to the appearance made in court. Indeed the Legal Clinic constitutes the practice of law which is unauthorized and illegal. CANON 9 A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
OFFICE OF THE COURT ADMINISTRATOR (OCA) VS. ATTY MISAEL LADAGA FACTS: Respondent is a branch clerk of court of RTC Makati. He requested the court administrator that he will represent himself in a criminal proceeding as a pro bono counsel before the MTC of Quezon City, for and in behalf of his cousin who was accused for falsification of Public Documents. This administrative case was filed against respondent for his failure to comply with the Administrative Code. It is alleged that respondent appeared as counsel without the permission of the Court. Respondent aver that extending his hand for his relative is for a humanitarian purpose. Every time he appears as counsel, he is on an approved leave of absence and that he did not receive a single centavo from his client. Moreover, the presiding judge of the criminal case was aware of his appearance as counsel for his cousin.
ISSUE: WON respondents appearance as a pro bono counsel constitutes the practice of law as prohibited by the Administrative Code.
HELD: NO. The court ruled that respondents actions and representation as a pro bono counsel does not constitute the practice of law. The Practice of law of should amount to customarily or habitually holding ones self to the public as a lawyer. One must have presented himself to be in an active and continued practice of the legal profession and demanding payment or compensation for such services. Respondent was reprimanded due to his failure in obtaining permission prior to his representation as counsel, from the head of the Department which is the Court as required by law.
FELIPE ECO VS JUAN DE G. RODRIGUEZ
FACTS:
Petitioner was granted a private woodland registration certification by the Bureau of Forestry but the same was later cancelled by the Secretary of Agriculture and Natural Resources due to numerous oppositions and also by reason of petitioners refusal to submit to a formal investigation. Petitioner questioned the decision before the court but the trial court affirmed the Secretarys decision. Petitioner then filed a notice of appeal and also posted the required appeal bond. This was opposed because he filed it out of time; he then argued that the delay is due to excusable negligence. The alleged negligence consisted of the erroneous computation by Petitioners counsels clerk of the period within which an appeal may be made, said clerk being of the impression that the prescriptive period to appeal in certiorari cases is also 30 days like in ordinary civil actions instead of 15 days.
ISSUE:
WON the delay is excusable.
HELD:
No. What was delegated by petitioners counsel to his clerk was the computation itself of the period within which the appropriate pleading may be filed. This act is hardly prudent or wise. The duty to compute the period to appeal is a duty that devolves upon the attorney which he cannot and should not delegate unto an employee because it concerns a question of study of the law and its application, and the Supreme Court considers this to be a delicate matter that should not be delegated. The negligence here cannot, therefore, be considered excusable.
TAN TEK BENG VS. ATTY. TIMOTEO DAVID
FACTS: Petitioner, a non-lawyer and Respondent, a lawyer entered into an agreement whereby Petitioner will supply clients for respondent in exchange thereof, petitioner will receive 50% of the attorneys fees collected. Respondent also agreed not to deal directly with clients supplied by petitioner directly without the latters consent. The agreement did not last due to mutual accusations of double- cross. Petitioner denounced respondent and the court referred the case to the Solicitor general for investigation, report and recommendation. Scheduled hearings and stipulation of facts did not materialize due to Petitioners demised. ISSUE:
WON Respondent and petitioners agreement is invalid. WON Respondent is guilty for malpractice.
HELD:
Yes. Respondent is reprimanded for being guilty of malpractice. CANON 9 A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. Practice of law is a profession, not a business. The agreement between Respondent and Petitioner is void because it is tantamount to malpractice which is the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers. Malpractice ordinarily refers to any malfeasance or dereliction of duty committed by a lawyer. The lawyer may not seek or obtain employment by himself or through others for to do so would be unprofessional.
FIVE J TAXI VS. NATIONAL LABOR RELATIONS COMMISSION (NLRC) FACTS: This is a special civil action for certiorari to annul the decision of respondent ordering petitioners to pay private respondents, who worked for petitioners as taxi drivers, their accumulated deposits and car wash payments, plus interest at the legal rate from the date of promulgation of judgement to the date of actual payment, and 10% of the total amount as and for attorneys fees for the representative of private respondents. ISSUE: WON respondents authorized representative is eligible for attorneys or services fees. HELD: NO. Non-lawyers may appear in any labor arbiter only if they represent themselves and if they represent their organization or the members thereof. The authorized representative of the respondent is a non-lawyer who did not fall in any categories. It is a statutory rule in the existence of attorney-client relationship that an attorney shall be entitled to have and recover from his client reasonable compensation for his services. Such relationship cannot exist unless the clients representative is a lawyer. By clear mandate of the law, respondents representative is not a lawyer and therefore not entitled to attorneys fees.