CAYETANO VS.
MONSOD
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)).
According to Justice Padilla, in his dissent in Cayetano v. Monsod, the
following factors are considered in determining whether there is practice
of law [HACA]:
(1) Habitually Practice of law implies customarily or habitually
holding one's self out to the public as a lawyer. It is more than an isolated
appearance.
(2) Application of law, legal principles, practice or procedure It
calls for legal knowledge, training and experience.
(3) Compensation Practice of law implies that one must have presented
himself to be in the active and continued practice of the legal profession
and that his professional services are available to the public for
compensation.
(4) Attorney-client relationship Where no such relationship exists,
such as in cases of teaching law or writing law books or articles, there is
no practice of law.
In view of the definition of the majority in Cayetano v. Monsod:
Giving advice for compensation regarding the legal status and rights of
another and for ones conduct with respect thereto constitutes practice of
law (Ulep v. The Legal Clinic, Inc. (1993)).
Teaching law is considered practice of law because the fact of their being
law professors is inextricably intertwined with the fact that they are
lawyers
Preventive law is comprised of legal and practical principles for
anticipating and avoiding legal problems
BANAGON V. ZERNA
..delay no man for money or malice
Litigation must end and terminate some time and somewhere, and it is
assent essential to an effective and efficient administration of justice that,
once a judgment has become final, the wining party be not, deprived of
the fruits of the verdict.
Lawyers have a responsibility to assist in the proper administration of
justice. They do not discharge this duty by filing pointless petitions that
only add to the workload of the judiciary, especially this Court, which is
burdened enough as it is.
The aim of lawsuit is to render justice to the parties according to law.
IN RE GARCIA
Treaty on Academic Degrees and the Exercise of Profession
Nationals shall have obtained recognition of the validity of their
academic degrees within the territory of the other. As a Filipino, he is
subjects to the laws of his own country.
Executive department may not encroach upon the constitutional
prerogative of the Supreme Court to promulgate rules for admission to
the practice of law in the Philippines
IN RE: LANUEVO
Rule 1.01 A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
The Supreme Court, holding that the Office of the
Bar Confidant has absolutely nothing to do with the
re-evaluation or reconsideration of the grades of
examinees who fail to make the passing mark
before or after the notebooks are submitted by the
examiners and, that, therefore, the deception made
by the Bar Confidant was in violation of the trust
and confidence reposed in him, disbarred the Bar
Confidant and ordered his name stricken from the
roll of attorneys.
With respect to respondent Ramon Galang, the
Supreme Court likewise disbarred him because of
the highly irregular manner of his passing the bar
which was effected through an authorized re-
evaluation of his examination notebooks, and on the
ground that he fraudulently concealed and withheld
his pending criminal case for slight physical injuries
in all his seven applications to take the bar
examinations which indicates his lack of the
requisite attributes of honesty, probity and good
demeanor.
Respondent Bar Examiners were reminded to
exercise the greatest or utmost care and vigilance in
the performance of their duties as such.
ALAWI VS. ALAUYA
The conduct and behavior of every official and employee of an agency
involved in the administration of justice, from the presiding judge to the
most junior clerk should be circumscribed with the heavy burden of
responsibility. Their conduct must at all times be characterized by, among
others, strict propriety and decorum so as to earn and keep the
respect of the public for the judiciary.
Using the title Attorney in his name even though he is a Sharia lawyer
. The latter is not a full-fledged members of the Philippine bar, and may
only be referred as counsellors
LEDESMA V. CLIMACO
Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed
The legal profession is a burdened privilege not many are qualified to
undertake. A lawyer owes fidelity to the duty required of the legal
profession. If there is no incompatibility between the defense of the client
and the position of the lawyer, he should not decline his appointment as
counsel de oficio (Ledesma v. Climaco (1974)).
Not a trade or a craft
CUI V. CUI
Rule 138 Admission requires passing the bar examinations, taking the
lawyers oath and receiving a certificate from the Clerk of Court. L.l.b is
a mere evidence of compliance
Reinstatement is a recognition of his moral rehabilitation, upon proof no
less that that required for his admission to the Bar in the first place. All
restrictions are wiped out.
IN RE: CUNANAN
In the judicial system from which ours has been evolved, the admission,
suspension, disbarment and reinstatement of attorneys at law in the
practice of the profession and their supervision have been disputably a
judicial function and responsibility (In re: Cunanan (1954)).
That the Constitution has conferred on Congress the power to repeal,
alter or supplement the rule promulgated by this Tribunal, concerning the
admission to the practice of law, is no valid argument. Section 13, article
VIII of the Constitution provides:
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 statutes, and are declared Rules of Court, subject to the power
of the Supreme Court to alter and modify the same. The Congress 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. Constitution of the Philippines, Art. VIII, sec.
13.
RATIONALE: The public interest demands of legal profession adequate
preparation and efficiency, precisely more so as legal problem evolved by
the times become more difficult. An adequate legal preparation is one
of the vital requisites for the practice of law that should be developed
constantly and maintained firmly. To the legal profession is entrusted
the protection of property, life, honor and civil liberties. To approve
officially of those inadequately prepared individuals to dedicate
themselves to such a delicate mission is to create a serious social danger.
Moreover, the statement that there was an insufficiency of legal reading
materials is grossly exaggerated.
IN RE: ARGOSINO
The Supreme Court may deny lawyers oath-taking based on a conviction
for reckless imprudence resulting in homicide (hazing case). But after
submission of evidence and various certifications he may now be
regarded as complying with the requirements of good moral character
xxx he is not inherently of bad moral fiber
The lawyer's oath is not a mere ceremony or formality for practicing law.
Every lawyer should at all times weigh his actions according to the sworn
promises he makes when taking the lawyer's oath. If all lawyers
conducted themselves strictly according to the lawyer's oath and the
Code of Professional Responsibility, the administration of justice will
undoubtedly be faster, fairer and easier for everyone concerned (In re:
Argosino (1997)).
ABELLA V. CRUZBARA
Acts of notarization are within the ambit of the term practice of law
Conflict of interest
No officer or employee shall engage directly in any private business,
vocation, or profession or be connected with an commercial, credit,
agricultural, or industrial undertaking without a written permission
from the head of Departmentl Provided, that this rohibition will be
absolute in the case of the officers and employees whose duties and
responsibilities require that their entire time be at the disposal of the
Government: Provided, further, that if an employee is granted
permission to engage in outside activities, the time devoted of office
hours should be fixed by the chief of the agency to the end that it will
not impair in any way the efficiency of the other officer or employee:
Provided that no permission is necessary in the case of investments,
made by an officer or employee, which do not involve any real or
apparent conflict between his private interests and public duties, or in
any way influence him in the discharge of his duties, and he shall not
take part in the management of the enterprise or become an officer or
member of the board of directors.
ANGEL BAUTISTA V. RAMON GONZALES
A lawyer shall uphold the Constitution, obey the laws of the land and
promote and respect for law and legal processes
Lawyers shall be vanguard of our legal system
Fiduciary relationship
Honesty and fairness
A lawyer should never seek to mislead the court by an artifice or
false statement of fact or law
Enrique Zaldivar v. Raul Gonzales
Rule 11.03. A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the courts
The cardinal condition of all such criticism is that it shall be bona fide,
and shall not spill over the wall of decency and propriety [Zaldivar v.
Gonzales (1989)].
FIGUEROA VS. SIMEON
Rule 1.01
These, however, are not grossly immoral acts:
(1) Mere intimacy between a man and a woman, both of whom possess
no impediment to marry, voluntarily carried and devoid of deceit on the
part of the respondent, even if a child was born out of wedlock of such
relationship; it may suggest a doubtful moral character but not grossly
immoral (Figueroa v. Barranco (1997)
Castaneda v. Ago
Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement
It is every duty of a counsel to advise his client on the merit of his case.
A lawyer must resist the whims and caprices of his clients, and temper
his clients propensity to litigate (Castaneda v. Ago (1975)).
IN RE TAGORDA
It is highly unethical for an attorney to advertise his talents or skill as a
merchant advertises his wares. The law is a profession not a business.
Solicitation of cases by himself or through others is unprofessional and
lowers the standards of the legal profession. [In re: Tagorda (1929)].
The most worthy and effective advertisement possible, even for a young
lawyer, and especially with his brother lawyers, is the establishment of a
well-merited reputation for professional capacity and fidelity to trust.
This cannot be forced, but must be the outcome of character and conduct
[Canon 27, Canons of Professional Ethics; In re: Tagorda (1929)].