Tiêu đề 2025 San Beda Red Book Legal and Judicial Ethics.pdf ✅

Q: When should the court rule on the objection raised? ANS: The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling (ROG, Rule 132, Sec. 38). Q: Should the reason for the ruling of the court on the objection raised be stated? ANS: Generally, no. However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon (ROG, Rule 132, Sec. 38). IIIBt !lULiLJ!dLLL!iJldllllllll,llli!iillli■■;~ Q: Can documentary evidence stil ANS: Yes. If documents or things offeror may have the same attach 38). Q: Can testimonial evidence s • ANS: Yes. If the evidence rded even if excluded by the court? evidence are excluded by the court, the part of the record (ROG, Rule 132, Sec. ed by the court? for the record the name. stance of the proposed
Q: What is Legal Ethics? ANS: Legal Ethics is that branch of moral science which treats the duties an attorney owes to the court, to his clie his colleagues in the profession, and to the public (Justice Malcolm). Q: What is the importance of Leg ANS: The importance of Legal Ethi standard necessary in the practi to the court, to his client, to • necessary moral foundati but also acts as a guard the standards of the I and/or misfit memb Q: What is pract ANS: The practice application of law, I circumstances or obje relationship or other enga public service or private qualification (CODE OF [hereinafter referred to as Ill, Sec. 1). to maintain the high:moral performance of his duties . It not only provides the of activities of a lawyer, ers. With legal ethics, asis to weed out unfit 1/y Yours, 2024, p.4). ce of acts or the , ith regard to the rsuant to a lawyer-client eludes employment in the in the Philippine bar as AND ACCOUNTABILITY Practice of law is any activity in or out of court which requires the application of law, legal procedure, knowledge, training, and experience. Generally, to practice law is to give advice or to render any kind of service which advice or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, G.R. No. 100113, September 3, 1991). Q: What particular acts may fall within the meaning of practice of law? ANS: The following are the general coverage of practice of law: 1. Giving of legal advice and instructions to clients to inform them of their rights and obligations; 2. Preparation of documents requiring knowledge of legal principles not possessed by ordinary layman; and 3. Appearance for clients before tribunals (U/ep v. Legal Clinic, B.M. No. 553, June 17, 1993). Q: Who may practice law? ANS: Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law (ROG, Rule 138, Sec. 1). Only members of the bar are allowed to practice law (Zeta v. Malinao, A.M. No. P-220, December 20, 1978).
Q: Does an isolated court appearance constitute "practice of law"? ANS: No, the isolated appearance of a lawyer does not constitute private practice. Practice is more than an isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind. In other words, it is frequent habitual exercise. The appearance as counsel on one occasion, is not conclusive as determinative of engagement in the private practice of law. Practice of law to fall within the prohibition of statute has been interpreted as customarily or habitually holding one's self out to the public, as a lawyer and demanding payment for such services (People v. Villanueva, G.R. No. L-19450, May 27, 1965). :'FJ,;;~,ffefiii'jrliJJiiiiXiiilJ!IJiiRti!ildJitt:'.::I;}irrtlSi::;f;t;";:j1i:I'I~!::X1:~-r1:0:f}::::;::.:2:;:~gf:;r.:~¥fii2I2 Q: How is practice of law a privilege and not a matter of right? ANS: The practice of law is not a right but a privilege bestowed by the State upon those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. M rship in the bar is a privilege burdened with conditions. It is so delicately affe • t that it is both a power and a duty of the State (through this C • order to protect and promote the public welfare (ALBA er (2021), p. 22). Take note that once a of law is in the nature of a privilege and also not be prevented from practicing law excep iation v. Agrava, G.R. No. L-12426, Feb ;;.-:-.-- -~--! No. L-4663. May 30, 1951). '.~;a!'lt: ~-· ·,w •• L Q: What is the natl\· ANS: The practice o' not money, is the pri making venture, and I gaining of a livelihood sh and to the administration of must subordinate their persona Guaren, A.G. No. 10164 (Resolution), duty to public service, rimqfily meant to be a money- "ssarily yields profits. The The duty to public service consideration of lawyers, who ey owe to themselves (Brunet v. 0, 2014). Q: What elements distinguish the legal profession from a business? ANS: The following elements distinguish the legal profession from a business: 1. A duty of public service, of which the emolument is a by-product and in which one may attain the highest eminence without making much money; 2. A relation as an "officer of the court" to the administration of justice involving thorough sincerity, integrity and reliability; 3. A relation to clients in the highest degree of fiduciary; 4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients (PINEDA, Legal and Judicial Ethics, p.58 (1999)). t~t:t.o~lliiit.~~011tro1i>r,~i;~~';"l'9'~i,i:' )t:: fE:''.: ;:f;;·s§i:1::?d::,;lI:;:;t'.:J~ Q: What is the power of the Supreme Court to regulate the practice of law? ANS: The Constitution provides the Supreme Court with the power to promulgate rules concerning the admission to the practice of law, and administrative supervision and control over members of the Philippine Bar. Under Sec. 5(5) Article VIII of the 1987 Philippine Constitution, the Supreme Court has the power to promulgate rules concerning