JD103 Legal & Judicial Ethics Study Guide Flashcards

Comprehensive question and answer flashcards covering Practice of Law, Bar Membership, CPRA Canons, Judicial Ethics, and Notarial Practice.

How is the practice of law defined under Section 1, Canon III of the CPRA and Cayetano v. Monsod?

The rendition of legal service or performance of acts or application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives of a person or cause, pursuant to a lawyer-client relationship or other engagement governed by the CPRA.

What are the four determinative factors of the practice of law?

1. Habituality (customary or repeated performance of legal acts), 2. Compensation (fee or reward charged), 3. Application of Law, Practice, or Procedure (requires specialized legal knowledge, training, and skill), and 4. Attorney-Client Relationship (establishment of a fiduciary relationship).

What is the legal nature of the practice of law in the Philippines?

It is a mere privilege granted by the State through the Supreme Court to those of sound mental and moral fitness. It is not a natural, constitutional, or property right, except where attorney's fees are earned under contract.

How is the legal profession distinguished from a business or trade?

Law practice is primarily a duty of public service where earning a livelihood is merely incidental. It is characterized by fiduciary duties, duty to the administration of justice as an officer of the court, and strict prohibitions against commercial advertising and solicitation.

What are the permissible exceptions to the general rule against legal advertising and solicitation?

1. Reputable law lists stating brief biographical data, 2. Simple professional cards, 3. Simple announcements of opening a firm or changes in partnership or address, 4. Listings in telephone directories (not under specialized branch designators), 5. Authoring legal articles, books, and publications, and 6. Seeking public office or corporate in-house counsel roles in a dignified manner.

In Villatuya v. Tabalingcos, why was Atty. T held administratively liable for setting up financial consultancy firms as fronts?

He violated rules against soliciting legal business for profit. A lawyer is prohibited from using a business enterprise as a vehicle or cloak for indirect solicitation and procurement of professional employment.

Which constitutional provision vests exclusive authority in the Supreme Court over admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged?

Section 5(5), Article VIII of the 1987 Constitution.

What are the requirements for admission to the bar under Rule 138 of the Rules of Court?

1. Philippine citizen, 2. Philippine resident, 3. At least 21 years of age, 4. Good moral character and no pending charges involving moral turpitude, 5. Pre-law Bachelor's degree and 4-year Law Degree (including CLEP), 6. Passing the Bar Examinations (75% general average, no subject below 50%), 7. Taking the Revised Lawyer's Oath, and 8. Signing the Roll of Attorneys.

When was the Revised Lawyer's Oath promulgated by the Supreme Court?

April 11, 2023.

Under R.A. 9225, what requirements must a former natural-born Filipino lawyer complete before resuming legal practice upon reacquiring Philippine citizenship?

1. Updating and full payment of IBP annual dues, 2. Payment of Professional Tax (PTR), 3. Completion of 36 credit hours of MCLE, and 4. Retaking the Lawyer's Oath before the Supreme Court.

What are the continuing requirements for maintaining membership in the Philippine Bar?

1. Continuous possession of good moral character (Good and Regular Standing), 2. Annual payment of IBP membership dues and Professional Tax (PTR), and 3. Completion of Mandatory Continuing Legal Education (MCLE).

What is the requirement for Mandatory Continuing Legal Education (MCLE) under B.M. No. 850 and the consequence of non-compliance?

Lawyers must complete 36 credit hours every 3-year compliance period. Non-compliance results in monetary fines, declaration as a delinquent member, and prohibition from signing pleadings.

What activities are permitted under Level 1 and Level 2 Certification of the Law Student Practice Rule (Rule 138-A)?

Level 1 (after 1st year): Client interviews, advice, legal drafting, negotiation, and quasi-judicial appearances under direct supervision. Level 2 (after 3rd year): Trial appearances, judicial affidavits, and appellate pleadings under direct supervision.

In which legal proceedings are lawyers strictly prohibited from appearing as counsel?

Small Claims Proceedings and Katarungang Pambarangay.

Which public officials are subject to an absolute prohibition against practicing law?

President, Vice President, Cabinet Members, Constitutional Commissioners, Ombudsman & Deputies, Judges & Court Personnel, Governors, and Mayors.

What practice limitations apply to Senators and Congressmen?

They cannot appear as counsel before any court, electoral tribunal, or quasi-judicial body.

What restriction applies to former government lawyers under R.A. 6713?

They are prohibited for 1 year from practicing in connection with any matter before the office they used to belong to.

What practice restrictions apply to Vice-Governors, Vice-Mayors, and Sanggunian Members?

They have limited practice and cannot appear against government entities or in cases where their municipality or province is adverse.

What are the six Canons of the Code of Professional Responsibility and Accountability (CPRA)?

Canon I: Independence, Canon II: Propriety, Canon III: Fidelity, Canon IV: Competence and Diligence, Canon V: Equality, and Canon VI: Accountability.

Under Canon III of the CPRA, how does a concurrent conflict of interest differ from a successive conflict of interest?

Concurrent conflict involves representing opposing parties in the same or related litigation. Successive conflict involves representing a new client against a former client in a matter substantially related to the former representation where confidential information may be used.

What is the difference between a retaining lien and a charging lien?

A retaining lien is a passive lien over client documents/papers in the lawyer's lawful possession until fees are paid. A charging lien is an active lien upon money judgments/executions obtained for the client and requires entry in court records.

What is the legal nature of disciplinary proceedings against lawyers and what quantum of proof is required under Canon VI of the CPRA?

Disciplinary proceedings are sui generis (neither purely civil nor criminal), and the quantum of proof required is Substantial Evidence.

May disbarred or suspended lawyers be employed as paralegals or legal staff during their period of disbarment or suspension?

No. Disbarred or suspended lawyers are strictly prohibited from being employed as paralegals or legal staff during suspension.

What are the qualifications for appointment as a Notary Public under the 2004 Rules on Notarial Practice?

1. Filipino citizen, 2. Resident of the province/city for at least 1 year, 3. Member of the Philippine Bar in good standing, and 4. No conviction of a crime involving moral turpitude.

What constitutes competent evidence of identity under the 2004 Rules on Notarial Practice?

A current identification document issued by an official agency bearing a photograph and signature, OR the oath of two credible witnesses, or one credible witness personally known to the notary.

What are the 6 Canons of Judicial Conduct under the New Code of Judicial Conduct for the Philippine Judiciary?

Canon 1: Independence, Canon 2: Integrity, Canon 3: Impartiality, Canon 4: Propriety, Canon 5: Equality, and Canon 6: Competence and Diligence.

Under Rule 137 of the Rules of Court, on what grounds is a judge compulsorily disqualified from sitting in a case?

1. Pecuniary interest as heir, legatee, creditor, or otherwise (for judge, spouse, or child); 2. Relationship to either party within the 6th degree of consanguinity or affinity; 3. Relationship to counsel within the 4th degree of consanguinity or affinity; or 4. Previous role as executor, administrator, guardian, trustee, or counsel in the matter.

How does compulsory disqualification differ from voluntary recusal of judges under Rule 137 of the Rules of Court?

Compulsory disqualification mandates a judge to disqualify himself/herself based on specific enumerated grounds. Voluntary recusal allows a judge, in the exercise of sound discretion, to disqualify himself/herself for other just or valid reasons.

What is the term duration of a Notarial Commission and what violations lead to its revocation?

The term duration is 2 years. The commission is revoked if the notary notarizes without personal appearance or outside their territorial jurisdiction.

Under Canon II of the CPRA, what specific prohibitions govern a lawyer's use of social media?

Lawyers are prohibited from posting unverified legal advice, breaching client confidentiality, creating fake accounts, or posting derogatory or scandalous statements online.