LEGAL

ETHICS
San Beda
Memory Aid

1
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 TABLE OF CONTENTS  PARTNERSHIP WITH NON-LAWYERS
VOID
 LEGAL ETHICS
 LIMITATIONS ON APPEARANCE OF
 PRIMARY CHARACTERISTICS WHICH
NON-LAWYERS BEFORE THE COURTS
DISTINGUISH THE LEGAL PROFESSION
FROM BUSINESS  RIGHT OF PARTY
TO REPRESENT HIMSELF
 PRACTICE OF LAW
 BY A JURIDICAL PERSON:
 ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF  PRACTICE
LAW: (HACA) BY CORPORATION

 POWER TO REGULATE  PERSONS AUTHORIZED

THE PRACTICE OF LAW TO REPRESENT THE GOVERNMENT

 PRIVATE PRACTICE  RULES ON PUBLIC OFFICIALS

REGARDING PRACTICE OF LAW
 THE POWER OF THE SC TO REGULATE
THE PRACTICE OF LAW INCLUDES THE  PUBLIC OFFICIALS WHO CANNOT
AUTHORITY TO: PRACTICE LAW IN THE PHILIPPINES

 WHO MAY PRACTICE LAW?  PUBLIC OFFICIALS WITH RESTRICTIONS

IN THE PRACTICE OF LAW
 REQUIREMENTS BEFORE A
CANDIDATE CAN ENGAGE IN THE  RESTRICTIONS IN THE PRACTICE OF
PRACTICE OF LAW LAW OF MEMBERS OF LEGISLATURE

 BASIC REQUIREMENTS FOR  RESTRICTIONS IN THE PRACTICE OF

ADMISSION TO THE BAR LAW OF THE MEMBERS OF THE
SANGGUNIAN
 MORAL TURPITUDE
 REMEDIES AGAINST
 ACADEMIC REQUIREMENTS
UNAUTHORIZED PRACTICE (DICED)
FOR THE CANDIDATES
 RESTRICTIONS IN THE PRACTICE OF
 APPEARANCE OF NON-LAWYER
LAW OF RETIRED JUSTICE/JUDGE
IN COURT
 APPEAR AS COUNSEL
 MAY A NON-LAWYER
BEFORE ANY COURT IN:
APPEAR IN COURT?

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 PRIVILEGES AND DUTIES  A NOTARIAL ACT MAY BE PERFORMED
OF A LAWYER AT THE REQUEST OF THE PARTIES IN
 OTHER PRIVILEGES: THE FOLLOWING SITES LOCATED
WITHIN HIS TERRITORIAL
 FOUR-FOLD DUTIES
JURISDICTION:
OF A LAWYER
 A PERSON SHALL NOT PERFORM
 SPECIFIC DUTIES OF A LAWYER
A NOTARIAL ACT IF:
(SEC. 20, RULE 138)
 DISQUALIFICATIONS
 DUTY OF COUNSEL DE OFICIO
 A NOTARY PUBLIC IS DISQUALIFIED
 ROLE OF PRIVATE PROSECUTOR
FROM PERFORMING A NOTARIAL IF
 THE LAWYER’S OATH HE:
 NOTARY PUBLIC  WHEN NOTARY PUBLIC MAY REFUSE
 A.M. NO. 02-8-13-SC: TO NOTARIZE EVEN IF APPROPRIATE
(RULES ON NOTARIAL PRACTICE OF FEE IS TENDERED:
2004 AUGUST 1, 2004)  REVOCATION OF COMMISSION
 JURISDICTION AND TERM  NOTARIAL CERTIFICATES
 POWERS AND LIMITATIONS  CONTENTS OF THE CONCLUDING PART
OF NOTARIES PUBLIC OF THE NOTARIAL CERTIFICATE:
 AUTHORIZED TO CERTIFY THE  IN ADDITION, THE EXECUTIVE JUDGE
AFFIXING OF A SIGNATURE BY THUMB MAY REVOKE THE COMMISSION OF
OR OTHER MARK ON AN INSTRUMENT OR IMPOSE SANCTIONS UPON ANY
OR DOCUMENT PRESENTED FOR NOTARY PUBLIC WHO:
NOTARIZATION IF:
 PUNISHABLE ACTS
 A NOTARY PUBLIC IS AUTHORIZED TO
 THE EXECUTIVE JUDGE SHALL CAUSE
SIGN ON BEHALF OF A PERSON WHO
THE PROSECUTION OF ANY PERSON
IS PHYSICALLY UNABLE TO SIGN OR
WHO:
MAKE A MARK ON AN INSTRUMENT
OR DOCUMENT IF:  TERMS TO REMEMBER

 PROHIBITIONS  AMICUS CURIA

 AMICUS CURIAE PAR EXCELLENCE

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 ATTORNEY AD HOC
 ATTORNEYS-AT-LAW
 ATTORNEY IN FACT
 BAR AND BENCH
 BAR ASSOCIATION
 CLIENT
 COUNSEL/ATTORNEY DE OFICIO
 IN A CRIMINAL ACTION, IF THE
DEFENDANT APPEARS WITHOUT AN
ATTORNEY, HE MUST BE INFORMED
BY THE COURT
 HOUSE COUNSEL
 LAWYER
 LEAD COUNSEL
 OF COUNSEL
 PRACTICING LAWYER
 PRO SE
 TRIAL LAWYER

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 LEGAL ETHICS PRACTICE OF LAW
LEGAL ETHICS – BRANCH of MORAL CASE: ANY ACTIVITY IN or OUT of
SCIENCE which treats of the duties COURT which requires
which an attorney owes to the court,
1. the application of law, legal
to his client, to his colleagues in the
PRINCIPLE, PRACTICE or
profession and to the public.
PROCEDURE (P-P-P)
It is the EMBODIMENT of ALL
2. and calls for legal KNOWLEDGE,
PRINCIPLES of “MORALITY and
EXPERIENCE, TRAINING. (K-E-T)
REFINEMENT” that should govern the
conduct of every member of the bar. Strictly speaking, the word practice of
law implies the CUSTOMARY or
PRIMARY CHARACTERISTICS
HABITUAL HOLDING of ONESELF to
WHICH DISTINGUISH THE
the PUBLIC as a lawyer and
LEGAL PROFESSION FROM
DEMANDING COMPENSATION for his
BUSINESS
services.
1. A duty of PUBLIC SERVICE
2. A relation, as an “OFFICER of the
COURT”, to the administration of
justice involving thorough Sincerity,
Integrity and Reliability. (S-I-R)
3. A relation to clients with the
HIGHEST DEGREE of FIDUCIARY
4. A relation to the 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.
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 ESSENTIAL CRITERIA POWER TO REGULATE
DETERMINATIVE OF ENGAGING THE PRACTICE OF LAW
IN THE PRACTICE OF LAW: CASES: The Constitution [Art. VIII,
(HACA) Sec. 5(5)] vests this power of control
Code: C-A-H-A and regulation in the Supreme Court.
1. COMPENSATION- implies that one The constitutional power to admit
must have presented himself to be candidates to the legal profession is a
in the active practice and that his judicial function and involves the
professional services are available EXERCISE OF DISCRETION.
to the public for compensation, as a
Petition to that end is filed with the
source of his livelihood or in
Supreme Court as are other
consideration of his said services.
proceedings invoking judicial function
2. APPLICATION of LAW, LEGAL
The SC acts through a Bar Examination
PRINCIPLE, PRACTICE, or
Committee in the exercise of its
PROCEDURE which calls for legal
judicial function to admit candidates
knowledge, training and experience
to the legal profession.
3. HABITUALITY- implies customarily
Thus, the Committee is composed of a
or habitually holding oneself out to
member of the Court who acts as
the public as a lawyer
Chairman and 8 members of the bar
4. ATTORNEY–CLIENT Relationship who acts as examiners in the 8 bar
subjects with one subject assigned to
each.

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 PRIVATE PRACTICE Those standards are NEITHER
DISPENSED WITH NOR LOWERED
Private practice is MORE THAN AN
after admission. The attorney’s
ISOLATED APPEARANCE for it consists
continued enjoyment of the privilege
of frequent or customary actions, a
conferred depends upon his complying
succession of acts of the same kind.
with the ethics and rules of the
NOTE: An isolated appearance does profession.
not amount to practice of law of a
public officer if allowed by his BUT practice of law is in the NATURE
superior in exceptional cases. of a RIGHT. While the practice of law
is a privilege, a lawyer cannot be
NOTE: The practice of law is NOT a
prevented from practicing law except
NATURAL, PROPERTY or
for valid reasons, the practice of law
CONSTITUTIONAL RIGHT but a MERE
not being a matter of state’s grace or
PRIVILEGE. It is not a right granted to
favor.
anyone who demands it but a privilege
to be extended or withheld in the
He holds office during good behavior
exercise of sound judicial discretion.
and can only be deprived of it for
Code: NPC misconduct ascertained and declared
by judgment of the Supreme Court
It is in the NATURE of a FRANCHISE after opportunity to be heard has
conferred only for merit which must been afforded him.
be earned by HARD STUDY, LEARNING
and GOOD CONDUCT. The state cannot exclude an attorney
Code: H-L-G from the practice of law in a manner
or for reasons that contravene the
It is a PRIVILEGE ACCORDED ONLY to due process or equal protection
those who measure up to CERTAIN clause of the Constitution.
RIGID STANDARDS of MENTAL and
MORAL FITNESS.

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 THE POWER OF THE SC of the bar and preserve its
TO REGULATE THE PRACTICE integrity.
OF LAW INCLUDES THE On the other hand, the LEGISLATURE,
AUTHORITY TO: in the exercise of its POLICE POWER
1. Define the term may, however, enact laws regulating
the practice of law to protect the
2. Prescribe the qualifications of a public and promote the public welfare.
candidate to and the subjects of the But the legislature MAY NOT pass a
bar examinations law that will control the SC in the
performance of its function to decide
3. Decide who will be admitted to
who may enjoy the privilege of
practice
practicing law and any law of that kind
is unconstitutional as an invalid
4. Discipline, suspend or disbar any
exercise of legislative power.
unfit and unworthy member of the
bar
WHO MAY PRACTICE LAW?
5. Reinstate any disbarred or Any person heretofore duly admitted
indefinitely suspended attorney as a member of the bar, or hereafter
admitted as such in accordance with
6. Ordain the integration of the the provisions of this rule, and who is
Philippine Bar IN GOOD and REGULAR STANDING, is
entitled to practice law. [Sec. 1, Rule
7. Punish for contempt any person for
138]
unauthorized practice of law

8. Exercise overall supervision of the

legal profession

9. Exercise any other power as may be

necessary to elevate the standards

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 REQUIREMENTS BEFORE A II. After his admission to the bar, a
CANDIDATE CAN ENGAGE IN lawyer MUST REMAIN in GOOD and
THE PRACTICE OF LAW REGULAR STANDING, which is a
CONTINUING REQUIREMENT for the
I. He must have been admitted to the practice of law. HE MUST:
Bar
a. Remain a member of the IBP
a. Furnishing SATISFACTORY PROOF (membership therein by every
of EDUCATIONAL, MORAL and attorney is made compulsory);
OTHER QUALIFICATION;
b. REGULARLY PAY ALL IBP
b. PASSING the bar MEMBERSHIP DUES and other
lawful assessments, as well as the
c. TAKING the LAWYER’S OATH ANNUAL PRIVILEGE TAX;
before the SC
A lawyer’s oath signifies that the c. FAITHFULLY OBSERVE the RULES
lawyer in taking such an oath and ETHICS of the legal profession;
ACCEPTS and AFFIRMS his ETHICAL and
OBLIGATIONS in the performance
d. Be CONTINUALLY SUBJECT to
of his duties as a lawyer and
JUDICIAL DISCIPLINARY CONTROL.
signifies likewise his AWARENESS of
his RESPONSIBILITIES that he
assumes by his admission to the
legal profession.
d. SIGNING the Attorney’s Roll and
RECEIVING from the Clerk of Court
of the SC a CERTIFICATE of the
LICENSE to PRACTICE

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 BASIC REQUIREMENTS FOR MORAL TURPITUDE
ADMISSION TO THE BAR MORAL TURPITUDE – imports an act
of;
Under Section 2, 5 and 6, Rule 138,
B-BASENESS,
the applicant must be:
V-VILENESS or
1. Citizen of the Philippines;
D-DEPRAVITY in the duties which one
2. At least 21 years of age;
person owes to another or to society
3. Of good moral character; in general which is CONTRARY to the
(Note: This is a continuing USUALLY ACCEPTED and CUSTOMARY
requirement.) RULE of RIGHT and DUTY which a
person should follow.
4. Resident of the Philippines;
Code: B-V-D
5. Must produce before the SC
satisfactory evidence of good moral
character; ACADEMIC REQUIREMENTS
FOR THE CANDIDATES
6. No charges against him, involving
moral turpitude, have been filed or 1. Must have already earned a
are pending in any court in the Phil. Bachelor’s Degree in Arts or
[Sec. 2, Rule 138]; Sciences (Pre-law)

7. Must have complied with the 2. Law Course – completed courses in

academic requirements; Civil Law, Commercial Law,
Remedial Law, Criminal Law, Public
8. Pass the bar examinations.
and International Law, Political Law,
Labor and Social Legislation,
Medical Jurisprudence, Taxation,
Legal Ethics. [Sec. 5 and 6, Rule
138]

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 APPEARANCE 3. In a criminal case before the MTC –
OF NON-LAWYER in a locality where a duly licensed
member of the Bar is not available,
IN COURT
the judge may appoint a non-
MAY A NON-LAWYER lawyer who is a resident of that
APPEAR IN COURT? province, of good repute for
GENERAL RULE: probity and ability to the accused in
his defense. [Sec. 7, Rule 116]
Only those who are licensed to
practice law can appear and handle 4. STUDENT PRACTICE RULE - A law
cases in court. student who has successfully
EXCEPTIONS: completed his 3rd year of the
regular 4-year prescribed law
1. Before the MTC - a party may
curriculum and is enrolled in a
conduct his case or litigation in
recognized law school’s CLINICAL
person with the aid of an AGENT or
LEGAL EDUCATION PROGRAM
FRIEND appointed by him. [Sec. 34,
approved by the SC – may appear
Rule 138]
without compensation in any civil,
criminal or administrative case
2. Before ANY COURT – a party may
before any trial court, tribunal,
conduct his litigation personally.
board or officer, to represent
But he gets someone to aid him and
indigent clients accepted by the
that someone must be an
Legal Clinic of the school. [Sec. 1,
authorized member of the Bar [Sec.
Rule 138-A] The student shall be
34, Rule 138]. He is bound by the
under the direct supervision and
same rules in conducting the trial of
control of a member of the IBP duly
his case. He cannot, after
accredited by the law school. [Sec.
judgment, claim that he was not
2]
properly represented.

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5. Under the LABOR CODE – non- LIMITATIONS ON APPEARANCE
lawyers may appear before the OF NON-LAWYERS BEFORE THE
NLRC or any Labor Arbiter if the COURTS
(a) represent themselves; 1. He should confine his work to
(b) represent their organization or NON-ADVERSARY CONTENTIONS.
members thereof [Art. 222, PD 442] He should NOT undertake purely
legal work, such as the
6. A non-lawyer may represent a examination or cross-examination
claimant before the CADASTRAL of witnesses, or the presentation
COURT [Sec. 9, Act. No. 2259] of evidence.

7. Any person appointed to appear for 2. Services SHOULD NOT BE

the government of the Philippines HABITUALLY RENDERED.
in accordance with law [Sec. 33,
Rule 138] 3. SHOULD NOT CHARGE or COLLECT
ATTORNEY’S FEES.
PARTNERSHIP
RIGHT OF PARTY
WITH NON-LAWYERS VOID
TO REPRESENT HIMSELF
In the formation of partnership for
CIVIL Cases: An individual litigant has
the practice of law, no person should
the right to conduct his litigation
be admitted or held out as a
personally.
practitioner or member who is not a
member of the legal profession duly
CRIMINAL Cases: Involving GRAVE and
authorized to practice, and amenable
LESS GRAVE OFFENSES, an accused
to professional discipline.
who is a layman MUST ALWAYS
APPEAR BY COUNSEL; he CANNOT
conduct his own defense, as his right
to counsel may NOT be waived

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without violating his right to due REASONS:
process of law.
1. NATURE of the PRIVILEGE and on
the CONFIDENTIAL and TRUST
BY A JURIDICAL PERSON:
RELATION between attorney and
A juridical person must always appear client.
in court by a duly licensed member of
the bar, except in the municipal trial 2. A corporation cannot perform the
court where it may be represented by conditions required for
its agent or officer who need not be a membership in the bar, such as the
lawyer. possession of good moral character
and other special disqualifications,
PRACTICE
the taking of an oath and becoming
BY CORPORATION
an officer of the court, subject to its
It is well settled that a corporation discipline, suspension or removal.
CANNOT engage in the practice of
law. 3. The RELATION OF TRUST and
CONFIDENCE CANNOT ARISE
It may, however, hire an attorney to where the attorney is employed by
attend to and conduct its own legal a corporation to practice for it, his
business or affairs. employer and he owing, at best, a
secondary and divided loyalty to
But it cannot practice law directly or the clientele of his corporate
indirectly by employing a lawyer to employer.
practice for it or to appear for others
for its benefit. 4. The intervention of the
corporation is destructive of that
confidential and trust relation and
is obnoxious to the law.

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 PERSONS AUTHORIZED 6. OMBUDSMAN and his deputies
TO REPRESENT THE 7. GOVERNORS, CITY and MUNICIPAL
GOVERNMENT MAYORS
Any official or other person appointed 8. Those who, by special law are
or designated in accordance with law prohibited from engaging in the
to appear for the government of the practice of their legal profession
Philippines or any of its officials shall
have all the rights of a duly authorized PUBLIC OFFICIALS WITH
member of the bar to appear in any RESTRICTIONS IN THE
case in which the government has an PRACTICE OF LAW
interest, direct or indirect, or in which 1. Senators and Members of the
such official is charged in his official House of Representatives
capacity.
2. Members of the SANGGUNIAN
RULES ON PUBLIC OFFICIALS 3. RETIRED Justice or Judge
REGARDING PRACTICE OF LAW
4. CIVIL SERVICE OFFICERS or
PUBLIC OFFICIALS WHO EMPLOYEES without permit from
CANNOT PRACTICE LAW IN THE their respective department heads
PHILIPPINES
1. JUDGES and other officials or
employees of the superior court
2. Officials and employees of the
OFFICE OF the SOLICITOR GENERAL
3. Government PROSECUTORS
4. President, Vice-President,
members of the Cabinet, their
deputies and assistants
5. Chairmen and members of the
Constitutional Commissions
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 RESTRICTIONS IN THE RESTRICTIONS IN THE
PRACTICE OF LAW OF MEMBERS PRACTICE OF LAW OF THE
OF LEGISLATURE MEMBERS OF THE SANGGUNIAN
CASES: A lawyer-member of the They SHALL NOT:
legislature is only prohibited from
1. Appear as counsel before any court
appearing as counsel before any court
in any CIVIL case wherein a LOCAL
of justice, electoral tribunals or quasi-
GOVERNMENT UNIT or ANY
judicial and administrative bodies.
OFFICE, AGENCY or
The word “appearance” includes not INSTRUMENTALITY of the
only arguing a case before any such government is the adverse party;
body but also filing a pleading on
behalf of a client as “by simply filing a 2. Appear as counsel in any CRIMINAL
formal motion, plea or answer”. case wherein an OFFICER or
EMPLOYEE of the NATIONAL or
Neither can he allow his name to
LOCAL GOVERNMENT is accused of
appear in such pleading by itself or as
an offense committed in relation to
part of a firm name under the
his office;
signature of another qualified lawyer
because the signature of an agent 3. COLLECT ANY FEE for their
amounts to signing of a non-qualified APPEARANCE in ADMINISTRATIVE
senator or congressman, the office of proceedings involving the local
an attorney being originally of agency, government unit of which he is an
and because he will, by such act, be official. [Sec. 90, R.A. 7160]
appearing in court or quasi-judicial or
administrative body in violation of the 4. USE PROPERTY and PERSONNEL of
constitutional restriction. “HE the GOVERNMENT except when
CANNOT DO INDIRECTLY WHAT the the Sanggunian member concerned
CONSTITUTION PROHIBITS DIRECTLY”. is defending the interest of the
government

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 REMEDIES AGAINST APPEAR AS COUNSEL
UNAUTHORIZED PRACTICE BEFORE ANY COURT IN:
(DICED)
a. Any CIVIL case wherein the
1. DECLARATORY RELIEF government or any subdivision or
instrumentality thereof is the
2. Petition for INJUNCTION ADVERSE PARTY;

3. CONTEMPT of Court b. Any CRIMINAL case wherein an

officer or an employee of the
4. Criminal complaint for ESTAFA government is accused of an
against a person who falsely offense committed IN RELATION
represented to be an attorney to TO HIS OFFICE.
the damage of a party
2. COLLECT ANY FEES for his
5. DISQUALIFICATION and complaints APPEARANCE in any administrative
for DISBARMENT proceedings to maintain an
RESTRICTIONS IN THE interest adverse to the
PRACTICE OF LAW OF RETIRED government, provincial or
JUSTICE/JUDGE municipal, or to any of its legally
constituted officers [Sec 1, RA 910].
As a condition of the pension
provided under R.A. 910, no retiring
justice or judge of a court of record or
city or municipality judge during the
time that he is receiving said pension
shall:

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 PRIVILEGES AND DUTIES OTHER PRIVILEGES:
OF A LAWYER
FIRST GRADE civil service eligibility for
Privileges of AN Attorney: any position in the classified service in
1. To PRACTICE LAW DURING GOOD the government the duties of which
BEHAVIOR before any judicial, REQUIRE knowledge of law.
quasi-judicial, or administrative
SECOND GRADE civil service eligibility
tribunal.
for any other government position
2. The first one TO SIT IN JUDGMENT which DOES NOT prescribe
ON EVERY CASE, TO SET THE proficiency in law as a qualification.
JUDICIAL MACHINERY IN MOTION.
FOUR-FOLD DUTIES
3. ENJOYS the PRESUMPTION of OF A LAWYER
REGULARITY in the discharge of his
Code: CBCP
duty.
1. COURT
4. He is IMMUNE, in the performance
a. UPHOLD AUTHORITY and
of his obligation to his client, FROM
DIGNITY,
LIABILITY TO A THIRD PERSON
insofar as he does not materially b. RESPECT or DEFEND against
depart from his character as a CRITICISMS,
quasi-judicial officer. c. OBEY ORDER and PROCESSES,
d. ASSIST in the ADMINISTRATION
5. His STATEMENTS, if relevant,
of JUSTICE.
pertinent or material to the subject
of judicial inquiry are ABSOLUTELY 2. BAR
PRIVILEGED regardless of their
defamatory tenor and of the a. FAIRNESS,
presence of malice. b. AVOID ENCROACHMENT in the
business of other lawyers,
c. CANDOR,
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 d. COURTESY SPECIFIC DUTIES OF A LAWYER
e. TRUTHFULNESS, (SEC. 20, RULE 138)
f. UPHOLD the HONOR of the
1. To maintain ALLEGIANCE to the
profession.
Republic of the Philippines and to
3. CLIENT SUPPORT the Constitution and
a. ENTIRE DEVOTION to client’s OBEY the laws of the Philippines;
interest
2. To observe and maintain the
4. PUBLIC RESPECT due to the COURTS of
a. should NOT VIOLATE his JUSTICE and JUDICIAL OFFICERS;
RESPONSIBILITY to SOCIETY,
3. To COUNSEL and MAINTAIN the
b. exemplar for RESPECT DUE to the courts of
UPRIGHTEOUSNESS, justice and judicial officers;
c. READY TO RENDER LEGAL AID,
4. To EMPLOY, for the purpose of
d. FOSTER SOCIAL REFORMS,
maintaining the causes confided to
e. GUARDIAN OF DUE PROCESS, him, such means only as are
f. AWARE OF SPECIAL ROLE IN THE CONSISTENT WITH TRUTH and
SOLUTION OF SPECIAL HONOR, and NEVER SEEK to
PROBLEMS MISLEAD the JUDGE or any judicial
officer by an ARTIFICE or FALSE
g. and be ALWAYS READY TO LEND
STATEMENT of fact or law;
ASSISTANCE in the study and
solution of social problems.

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5. To MAINTAIN INVIOLATE the 9. In the DEFENSE of a PERSON
CONFIDENCE and AT EVERY PERIL accused of crime, BY ALL FAIR and
TO HIMSELF, to PRESERVE THE HONORABLE MEANS, regardless of
SECRETS in connection with his his personal opinion as to the guilt
client and to accept no of the accused, to PRESENT EVERY
compensation in connection with DEFENSE that the law permits TO
his client’s business except from THE END THAT NO PERSON MAY
him or with his knowledge and BE DEPRIVED of life or liberty, but
approval; by due process of law.

6. To ABSTAIN FROM ALL OFFENSIVE

DUTY
PERSONALITY and TO ADVANCE
OF COUNSEL DE OFICIO
NO FACT PREJUDICIAL to the
HONOR and REPUTATION of a A COUNSEL DE OFICIO is expected to
party or witness, unless required render effective service and to exert
by the justice of the cause with his best efforts on behalf of an
which he is charged; indigent accused.
He has as high a duty to a poor litigant
7. NOT TO ENCOURAGE either the
as to a paying client.
COMMENCEMENT or the
CONTINUANCE of an action or He should have a BIGGER DOSE of
proceeding, or DELAY ANY MAN’S SOCIAL CONSCIENCE and a LITTLE LESS
CAUSE, FROM ANY CORRUPT of SELF-INTEREST.
MOTIVE or INTEREST;

8. NEVER to REJECT, for any

consideration personal to himself,
the CAUSE of the DEFENSELESS or
OPPRESSED;

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 ROLE THE LAWYER’S OATH
OF PRIVATE PROSECUTOR I, ____________, do solemnly swear
A private prosecutor may intervene in that I will maintain allegiance to the
the prosecution of a criminal action Republic of the Philippines;
when the offended party is entitled to I will support its Constitution and
indemnity and has not waived obey the laws as well as the legal
expressly, reserved or instituted the orders of the duly constituted
civil action for damages. authorities therein;

He may prosecute the accused up to I will do no falsehood, nor consent to

the end of the trial even in the the doing of any in court;
absence of the public prosecutor if I will not wittingly or willingly
authorized by the CHIEF of the promote or sue any groundless, false
prosecution office or the REGIONAL or unlawful suit, nor give aid nor
STATE PROSECUTOR subject to the consent to the same;
approval of the court (Sec. 5, Rule
I will delay no man for money or
110; Rules of Court dated May 1,
malice and will conduct myself as a
2002).
lawyer according to the best of my
knowledge and discretion WITH ALL
GOOD FIDELITY as well to the courts
as to my clients;
And I impose upon myself this
voluntary obligation without any
mental reservation or purpose of
evasion. So help me God.

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 NOTARY PUBLIC A.M. NO. 02-8-13-SC:
A person appointed by the court RULES ON
whose duty is:
NOTARIAL
1. to ATTEST to the GENUINENESS of
any deed or writing in order to PRACTICE OF 2004
RENDER them available as (AUGUST 1, 2004)
EVIDENCE of FACTS stated therein
QUALIFICATIONS of a Notary Public
2. and who is authorized by the 1. Must be CITIZEN of the Philippines
statute to ADMINISTER VARIOUS
OATHS. 2. Must be OVER TWENTY-ONE (21)
years of age

3. Must be a RESIDENT IN THE

PHILIPPINES for at least one (1)
year and maintains a regular place
of work or business in the city or
province where the commission is
to be issued

4. Must be a MEMBER of the

PHILIPPINE BAR IN GOOD
STANDING with clearances from
the Office of the Bar Confidant of
the Supreme Court and the
Integrated Bar of the Philippines

5. Must not have been convicted in

the first instance of any crime
involving moral turpitude (Rule III,
Section 1)
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 JURISDICTION AND TERM A NOTARY PUBLIC IS
A notary public may perform notarial AUTHORIZED TO CERTIFY THE
acts in any place WITHIN THE AFFIXING OF A SIGNATURE BY
TERRITORIAL JURISDICTION of the THUMB OR OTHER MARK ON AN
commissioning court for a period of INSTRUMENT OR DOCUMENT
two (2) years commencing on the 1st PRESENTED FOR
day of January of the year in which NOTARIZATION IF:
the commissioning is made UNLESS 1. The THUMB or OTHER MARK is
earlier revoked or the notary public affixed in the presence of the
has resigned according to these Rules notary public AND of two (2)
and the Rules of Court (Rule III, Section disinterested and unaffected
11). witnesses to the instrument or
document;
POWERS AND LIMITATIONS
OF NOTARIES PUBLIC
2. BOTH witnesses SIGN their OWN
Powers NAMES IN ADDITION TO the thumb
or other mark;
A NOTARY PUBLIC
IS EMPOWERED TO DO THE 3. The notary public WRITES BELOW
FOLLOWING ACTS: the THUMB or OTHER MARK:
JO-CASA “Thumb or Other Mark affixed by
(name of signatory by mark) in the
1. Jurats;
presence of (names and addresses
2. Oaths and Affirmations; of witnesses) and undersigned
3. Copy certifications; and notary public”, and

4. Acknowledgments;
4. The notary public NOTARIZEs the
5. Signature witnessings; signature by thumb or other mark
6. Any other act authorized by these THROUGH an ACKNOWLEDGMENT,
Rules. JURAT or SIGNATURE WITNESSING.

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 A NOTARY PUBLIC IS PROHIBITIONS
AUTHORIZED TO SIGN ON General Rule:
BEHALF OF A PERSON WHO IS
PHYSICALLY UNABLE TO SIGN A notary public shall not perform a
notarial act outside his regular place
OR MAKE A MARK ON AN
of work or business.
INSTRUMENT OR DOCUMENT IF:
Exceptions:
1. The notary public is DIRECTED by
the person unable to sign or make a
A NOTARIAL ACT MAY BE
mark to sign ON HIS BEHALF;
PERFORMED AT THE REQUEST
OF THE PARTIES IN THE
2. The signature of the notary public is
AFFIXED in the PRESENCE of TWO
FOLLOWING SITES LOCATED
(2) DISINTERESTED and WITHIN HIS TERRITORIAL
UNAFFECTED WITNESSES to the JURISDICTION:
instrument or document; a. PUBLIC OFFICES, CONVENTION
HALLS and similar places where
3. BOTH witnesses SIGN their OWN OATHS of OFFICE may be
names; administered;

4. The notary public WRITES BELOW b. PUBLIC FUNCTION AREAS IN

HIS SIGNATURE: “Signature affixed HOTELS and similar places for the
by notary in the presence of SIGNING of INSTRUMENTS or
(names and addresses of person DOCUMENTS requiring
and two (2) witnesses)”, and notarization;

5. The notary public NOTARIZES his c. HOSPITALS and MEDICAL

signature by acknowledgment or INSTITUTIONS where a party to the
jurat (Rule IV, Section 1). instrument or document is
CONFINED for treatment; and

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d. ANY PLACE where a party to the DISQUALIFICATIONS
instrument or document requiring
A notary public is DISQUALIFIED from
notarization is UNDER DETENTION.
performing a notarial if he:
1. Is a PARTY to the instrument or
A PERSON SHALL NOT PERFORM
document;
A NOTARIAL ACT IF:
1. the person involved as SIGNATORY 2. WILL RECEIVE, as a direct or indirect
to the instrument or document- result ANY COMMISSION, FEE,
ADVANTAGE, RIGHT, TITLE,
a. Is not in the notary’s presence at
interest, cash, property, or other
the time of the notarization; and
consideration, except as provided
b. Is not personally known to the that is to be notarized;
notary public or otherwise
identified by the notary public 3. Is a SPOUSE, COMMON-LAW
through competent evidence of PARTNER, ANCESTOR,
identity as defined by these Rules DESCENDANT, or RELATIVE BY
(Rule IV, Section 2). AFFINITY or CONSANGUINITY of the
principal within the FOURTH CIVIL
2. the certificate containing an
degree (Rule IV, Section 3)
information KNOWN or BELIEVED
TO BE FALSE; and

3. he SHALL NOT AFFIX an official

signature or seal on a notarial
certificate that is incomplete (Rule
IV, Section 5).

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 WHEN NOTARY PUBLIC MAY NOTE: A blank or incomplete
REFUSE TO NOTARIZE EVEN IF instrument or document OR an
APPROPRIATE FEE IS instrument or document without
TENDERED: appropriate notarial certification is
considered an IMPROPER
1. When the notary KNOWS or has
INSTRUMENT/DOCUMENT (Rule IV,
GOOD REASON to BELIEVE that the
Section 6).
notarial act or transaction is
UNLAWFUL or IMMORAL. REVOCATION OF COMMISSION
The EXECUTIVE JUDGE shall revoke a
2. When the signatory SHOWS a
commission for any ground on which
DEMEANOR which ENGENDERS in
an application for a commission may
the MIND of the notary public
be denied.
REASONABLE DOUBT as to the
former’s knowledge of the
consequences of the transaction
requiring a notarial act.

3. If in the notary’s judgment, the

signatory is NOT ACTING IN
HIS/HER OWN FREE WILL (Rule IV,
Section 4).

4. If the document or instrument to be

notarized is CONSIDERED as an
IMPROPER DOCUMENT by these
Rules.

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 NOTARIAL CERTIFICATES IN ADDITION, THE EXECUTIVE
JUDGE MAY REVOKE THE
CONTENTS OF THE CONCLUDING
COMMISSION OF OR IMPOSE
PART OF THE NOTARIAL
SANCTIONS UPON ANY NOTARY
CERTIFICATE:
PUBLIC WHO:
1. The NAME of the notary public as
1. FAILS to KEEP a notarial register;
exactly indicated in the commission;
2. FAILS to MAKE the APPROPRIATE
2. The SERIAL NUMBER of the
ENTRY or entries in his notarial
commission of the notary public;
register concerning his notarial acts;
3. The words “Notary Public” and the
3. FAILS to SEND the COPY of the
province or city where the notary
entries to the Executive Judge
public is commissioned, the
within the first ten (10) days of the
EXPIRATION DATE of the
month following;
commission and the OFFICE
ADDRESS of the notary public; and 4. FAILS to AFFIX to
ACKNOWLEDGMENTS the DATE of
4. The ROLL of ATTORNEYS’ NUMBER,
EXPIRATION of his commission;
the PROFESSIONAL TAX RECEIPT
NUMBER and the PLACE and DATE 5. FAILS to SUBMIT his NOTARIAL
OF ISSUANCE thereof and the IBP REGISTER, WHEN FILLED, to the
MEMBERSHIP NUMBER (Rule VIII, Executive Judge;
Section 2).
6. FAILS to MAKE his REPORT, within
a reasonable time, to the Executive
Judge concerning the performance
of his duties, as may be required by
the Judge;

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7. FAILS to REQUIRE the PRESENCE of PUNISHABLE ACTS
the PRINCIPAL at the time of the
notarial act; THE EXECUTIVE JUDGE SHALL
CAUSE THE PROSECUTION OF
8. FAILS to IDENTIFY a PRINCIPAL on ANY PERSON WHO:
the basis of personal knowledge or
1. KNOWINGLY ACTS or otherwise
competent evidence;
IMPERSONATES a notary public;
9. EXECUTES a FALSE or INCOMPLETE
2. KNOWINGLY OBTAINS, CONCEALS,
CERTIFICATE under Section 5, Rule
DEFACES, or DESTROYS the SEAL,
IV;
NOTARIAL REGISTER, or OFFICIAL
10. KNOWINGLY PERFORMS or FAILS RECORDS of a notary public; and
to PERFORM ANY OTHER ACT
3. KNOWINGLY SOLICITS, COERCES, or
PROHIBITED or MANDATED by
in any way INFLUENCES a notary
these Rules; and
public TO COMMIT OFFICIAL
11. COMMITS ANY OTHER MISCONDUCT (Rule XII, Section 1).
DERELICTION or act which in the
judgment of the Executive Judge TERMS
constitutes good cause for the TO REMEMBER
revocation of the commission or
AMICUS CURIAE
imposition of administrative
sanction (Rule XI, Section 1). AMICUS CURIAE- is an experienced
and impartial attorney invited by the
court to appear and help in the
disposition of the issues submitted to
it.

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It implies friendly intervention of and liabilities are developed by law as
counsel to call the attention of the a consequence.
court to some matters of law or facts
ATTORNEY IN FACT
which might otherwise escape its
notice and in regard to which it might Attorney IN FACT- simply an agent
go wrong. whose authority is strictly limited by
the instrument appointing him. His
An amicus curiae appears in court not
authority is provided in a special
to represent any particular party but
power of attorney or general power
only to assist the court.
of attorney or letter of attorney. He is
AMICUS CURIAE PAR not necessarily a lawyer.
EXCELLENCE
ATTORNEY OF RECORD-
Amicus Curiae PAR EXCELLENCE – bar
Attorney of RECORD- the attorney
associations who appear in court as
whose name is entered in the records
amici curiae or friends of the court.
of an action or suit as the lawyer of a
Acts merely as a consultant to guide designated party thereto.
the court in a doubtful question or
issue pending before it. BAR AND BENCH
BAR and BENCH – “BAR” refers to the
ATTORNEY AD HOC
whole body of attorneys and
Attorney AD HOC- a person named counselors collectively, the members
appointed by the court to defend an of the legal profession:
absentee defendant in the suit in
“BENCH” denotes the whole body of
which the appointment is made.
judges.
ATTORNEYS-AT-LAW
BAR ASSOCIATION
Attorneys-AT-LAW – that class of
Bar ASSOCIATION – an association of
persons who are licensed officers of
members of the legal profession like
the courts empowered to appear,
the IBP where membership is
prosecute and defend, and upon
integrated or compulsory.
whom peculiar duties, responsibilities
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 CLIENT The appointment of a counsel de
oficio in that instance is a matter of
CLIENT – one who engages the
right on the part of the defendant.
services of a lawyer for legal advice or
for purposes of prosecuting or ON APPEAL in a criminal case, the
defending a suit in behalf and usually APPELLATE COURT must also appoint
for a fee. a counsel de oficio if, as shown by the
certificate of the clerk of court of the
COUNSEL/ATTORNEY DE OFICIO trial court, a defendant (a) is
Counsel/Attorney DE OFICIO – an CONFINED IN PRISON, (b) WITHOUT
attorney appointed by the court to MEANS to employ an attorney, (c)
defend an indigent defendant in a DESIRES TO BE DEFENDED DE OFICIO.
criminal action.
HOUSE COUNSEL
IN A CRIMINAL ACTION, IF THE HOUSE Counsel – one who acts as
DEFENDANT APPEARS attorney for business though carried
WITHOUT AN ATTORNEY, HE as an employee of that business and
MUST BE INFORMED BY THE not as an independent lawyer.
COURT
LAWYER
1. that it is his right to have an
Lawyer – this is the general term for a
attorney before being arraigned
person trained in the law and
and
authorized to advice and represent
2. must be asked if he desires the aid
others in legal matters
of an attorney.
LEAD COUNSEL
If he desires and is unable to employ
an attorney, the court must assign a LEAD Counsel – the counsel on either
counsel de oficio to defend him. He is side of a litigated action who is
also designated as counsel of indigent charged with the principal
litigants. management and direction of a
party’s case, as distinguished from his
juniors or subordinates.
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 OF COUNSEL
Of Counsel – an experienced lawyer,
usually a retired member of the
judiciary, employed by law firms as
consultants.

PRACTICING LAWYER
PRACTICING Lawyer – one engaged in
the practice of law who by license are
officers of the court and who are
empowered to appear, prosecute and
defend a client’s cause.

PRO SE
PRO SE - an appearance by a lawyer in
his own behalf.

TRIAL LAWYER

TRIAL Lawyer – one who personally

handles cases in court, administrative
agencies of boards which means
engaging in ACTUAL TRIAL WORK,
either for the prosecution or for the
defense of cases of clients.

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