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U.P LAW BOC abon3298 LEGAL ETHICS Page 1 of 18 abon3298 LEGAL ETHICS CANONICAL DOCTRINES LEGAL ETHICS Practice of Law CASE SUB-TOPIC SUMMARY HELD DOCTRINE Cayetano v. Monsod G.R. No. 100113 | September 3, 1991 Concept Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of Chairman of the COMELEC. Petitioner opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. The Court held that Monsod had been engaging in the practice of law. Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer- negotiator of contracts, and a Iawyer-legislator of both the rich and the poor—verily more than satisfy the constitutional requirement—that he has been engaged in the practice of law for at least ten years. 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. Padilla, Dissent: According to Justice Padilla, “practice” refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge: it connotes an active, habitual, repeated or customary action. To “practice” law, or any profession for that matter, means, to exercise or pursue an employment or profession actively, habitually, repeatedly or customarily. He enumerated four factors that are useful in determining whether or not a
U.P LAW BOC abon3298 LEGAL ETHICS Page 2 of 18 abon3298 person is practicing law: 1. Habituality. The term ‘practice of law’ implies customarily or habitually holding one’s self out to the public as a lawyer. 2. 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, as a service of his livelihood or in consideration of his said services. 3. Application of law, legal principle, practice or procedure. which calls for legal knowledge, training and experience is within the term ‘practice of law’. 4. Attorney -client relationship. Where a lawyer undertakes an activity which requires knowledge of law but involves no attorney -client relationship, such as teaching law or writing law books or articles, he cannot be said to be engaged in the practice of his
U.P LAW BOC abon3298 LEGAL ETHICS Page 3 of 18 abon3298 profession or a lawyer. Caronan v. Caronan A.C. No. 11316 | July 12, 2016 Concept Patrick A. Caronan filed a complaint before the Commission on Bar Discipline of the Integrated Bar of the Philippines, against his brother, “Atty. Patrick A. Caronan,” whose real name is allegedly Richard A. Caronan, for purportedly assuming Patrick’s identity and falsely representing that the former has the required educational qualifications to take the Bar Examinations and be admitted to the practice of law. The IBP-Board of Governors issued a resolution adopting the Investigating Commissioner’s recommendation of dropping the name “Patrick A. Caronan” from the Roll of Attorneys and of barring the name “Richard A. Caronan” from admission as a member of the Bar; and finally, for making a mockery of the judicial institution, the IBP was directed to institute appropriate actions against respondent. The Court held that since the complainant never took the Bar Examinations, IBP correctly recommended that the name “Patrick A. Caronan be stricken from the Roll of Attorneys. The practice of law is a privilege. The practice of law is a privilege limited to citizens of good moral character. Respondent exhibited his dishonesty and utter lack of moral fitness to be a member of the Bar when he assumed the name, identity, and school records of his own brother Respondent and his acts do not have a place in the legal profession where one of the primary duties of its members is to uphold its integrity and dignity Admission into the bar requires certain qualifications No applicant for admission to the bar examination shall be admitted unless they present a certificate that they have satisfied the Secretary of Education that, before they began the study of law, they had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor's degree in arts or sciences with any of the following subject as major or field of concentration:
U.P LAW BOC abon3298 LEGAL ETHICS Page 4 of 18 abon3298 political science, Logic, English, Spanish, History, and Economics. In the Matter of the Dis- qualification of Bar Examinee Haron S. Meling in the 2002 Bar Examina- tions and For Disciplinary Action as Member of the Philippine Shari’a Bar B.M. No. 1154 | June 8, 2004 Continuing requirements for member- ship in the bar Petition seeking to disqualify Meling from taking the 2002 Bar Examinations and to impose appropriate penalty as a member of the Philippine Shari’a Bar due to failure to disclose 3 pending criminal cases and using the title “Attorney” despite not being a member of the Bar. Meling admitted that he did not disclose the criminal cases but only because retired Judge Corocoy Monson (their former professor) advised him to settle his misunderstanding with the complainant. Thus he believed in good faith that the case is closed and terminated. The Court held that Meling should be sanctioned and subsequently barred from signing the Roll of Attorneys, stating that by concealing the existence of cases, he flunked the test of fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect the good moral character of the applicant. The requirement of good moral character is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law. The disclosure requirement is imposed by the Court to determine whether there is satisfactory evidence of good moral character of the applicant. In re: Petition to re-acquire the privilege to practice law in the Philippines of Muneses B.M. No. 2112 Continuing requirements for member- ship in the bar 1966: Petitioner was admitted into the Bar 1981: Petitioner lost his Philippine citizenship when he acquired US citizenship 2006: re-acquired his Philippine citizenship pursuant to Republic Act (R.A.) No. 9225 The Court held that a Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine citizenship under R.A. No. 9225, remains to be a member of the Philippine Bar. However, such is not automatic. A Filipino lawyer who becomes a citizen of another country and later re- acquires his Philippine citizenship under R.A. No. 9225, remains to be a member of the Philippine Bar. However, the right to resume the practice of law is not automatic. R.A. No. 9225 provides that a person who intends to practice his profession in the Philippines must apply with the proper authority for a license or permit to engage in such practice. Cruz v. Mina Appearance of non- lawyers The petitioner, third- year law student Ferdinand Cruz, filed The Court held that a law student, may appear before an In Sec 34, Rule 138, appearance of a non- lawyer, as an agent or