Legal Ethics Digest

Introduction To To Legal Ethics

LEGAL ETHICS

1

Case

Director of Religious Affairs vs. Bayot 74 Phil 749; March 20, 1944 e!es"a vs. #li"aco $.R. %o 12&1'; (u)e 2&,1974 #ui vs. #ui 11 *#RA 7''; August +1, 194

-illegas vs. egasi 11+ *#RA +9; March 2', 19&2 /)riue vs. $i"e)e 107 Phil 9+2; Aril 29, 190

Doctrines It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. Law is a profession and not a trade.

Membership in the bar is a privilege burdened with conditions. he law is indeed a profession dedicated to the ideal of service and not a mere trade. !itulo de "bogado# means not mere possession of the academic degree of $achelor of Laws but membership in the $ar after due admission thereto% &ualifying one for the practice of law. " $achelor's degree alone% conferred by a law school upon completion of certain academic re&uirements% does not entitle its holder to e(ercise the legal profession. !)o member of the $atasang *ambansa shall appear as counsel before any court without appellate +urisdiction.# he ob+ective of  the prohibition% then and now% is clearly to remove any possibility of undue in,uence upon the administration of +ustice% to eliminate the possible use of o-ce for personal gain% to ensure impartiality in trials and thus preserve the independence of the udiciary.  he provincial /scal is dis&uali/ed to represent in court the municipality if and when original +urisdiction of the case involving the municipality is vested in the 0upreme Court when the municipality is a party adverse to the provincial government or to some other municipality in the same province and when in the case involving the municipality% he% or his wife% or child% is pecuniarily involved as heir% legatee% creditor or otherwise. nlike a practicing lawyer who has the right to decline employment% a /scal cannot refuse the performance of his functions on grounds not provided for by law without violating his oath of o-ce% where he swore% among others% 3that he will well and faithfully discharge to the best of his ability the duties of the o-ce or position upon which he is about to enter.#

*alce!o vs. er)a)!e 1 Phil 724; August &, 19+'

"s a member of the bar and an o-cer of the 0upreme Court% an attorney is duty bound to uphold its dignity and authority and to defend its integrity% not only because it has conferred upon him the high privilege% not a right% of being what he now is4 a priest of   +ustice% but also because in so doing he neither creates nor promotes distrust in the administration of +ustice% and he prevents anybody from harboring and encouraging discontent% which in many cases% is the source of disorder% thus undermining the foundation on which rests the bulwark called +udicial power to which those who are aggrieved turn for protection and relief. It is right and plausible that an attorney% in defending the cause and rights of his client% should do so with all the fervor and energy of which he is capable% but it is not% and will never be so for him to e(ercise said right by resorting to intimidation or proceeding without the propriety and respect which the dignity of the courts re&uire% by reason respect of the courts guarantees the stability of  their institution.

Ala3i vs. Alauya 2& *#RA 2&; e5ruary 24, 1997

5hile one who has been admitted to the 0hari'a bar% and one who has been admitted to the *hilippine bar% may both be considered !counselors%# in the sense that they give counsel or advice in a professional capacity% only the latter is an !attorney.# he title of  !attorney# is reserved to those who% having obtained the necessary degree in the study of law and successfully taken the bar e(aminations% have been admitted to the integrated bar of the *hilippines and remain members thereof in good standing and it is they only who are authori6ed to practice law in this +urisdiction.

Pa)ga) vs. Ra"os 9+ *#RA &7; *ete"5er 7, 1979

 he attorney's roll or register is the o-cial record containing the names and signatures of those who are authori6ed to practice law. " lawyer is not authori6ed to use a name other than the one inscribed in the 7oll of "ttorneys in his practice of law% otherwise% they are guilty of deception and demonstrate lack of candor in dealing with the courts.

Philii)e a3yer6s Associatio) vs. Agrava 10' Phil 17+; e5ruary 1, 19'9 Practice of la3 i) the Philii)es i)clu!es such aeara)ce 5efore the Pate)t

8-ce% the representation of applicants% oppositors% and other persons% and the prosecution of their applications for patent% their oppositions thereto or the enforcement of their rights in patent cases. Members of the *hilippine $ar authori6ed by the 0upreme Court to practice law% and in good standing% may practice their profession before the *atent 8-ce% for the reason that much of  the business in said o-ce involves the interpretation and determination of the scope and application of the patent law and other laws involved.

i vs. Bo)ifacio +++ *#RA +&; (u)e &, 2000

LEGAL ETHICS

 he practice of law is a privilege that can be revoked% sub+ect to the mandate of due process% once a lawyer violates his oath and the dictates of legal ethics. "n applicant must possess good moral character% which is a continuous re&uirement to the en+oyment of the privilege of law practice otherwise% the loss thereof is a ground for the revocation of such privilege. Lawyers should be allowed great latitude of pertinent comment in

2

A!"issio) 8o Practice

LEGAL ETHICS

9

Case

) re: a)uevo  *#RA 24'; August 29, 197'

Doctrines It should be stressed that once the bar e(aminer has submitted the corrected notebooks to the $ar Con/dant% the same cannot be withdrawn for any purpose whatsoever without prior authority from the Court.

irst ea)to #era"ics, )c.  he right to appeal from decisions or /nal orders of the $8I under ;.8. 22< remains and continues to be respected. Circular 1=>1 vs. #ourt of Aeals simply transferred the venue of appeals from decisions of this 2+7 *#RA '19; March 10, agency to respondent Court of "ppeals and provided a di?erent 1994 period of appeal% i.e.% /fteen @1AB days from notice.

) re: #u)a)a) 94 Phil '+4; 19'4

 he distinction between the functions of the legislative and the  +udicial departments is that it is the province of the legislature to establish rules that shall regulate and govern in matters of  transactions occurring subse&uent to the legislative action% while the +udiciary determines rights and obligations with reference to transactions that are past or conditions that e(ist at the time of  the e(ercise of +udicial power% and the distinction is a vital one and not sub+ect to alteration or change either by legislative action or by +udicial decree.  he +udiciary cannot consent that its province shall be invaded by either of the other departments of the government.

uro!a vs. (ala)!o)i &+ Phil 171

 he appointment of the two "merican attorneys is not violative of  our national sovereignty and tt is only fair and proper that the nited 0tates% which has submitted the vindication of crimes against her government and her people to a tribunal of our nation% should be allowed representation in the trial of those very crimes. It appearing that "ttys. ussey and *ort are aliens and have not been authori6ed by the 0upreme Court to practice law% they cannot appear as prosecutors in a case pending before the 5ar Crimes Commission.