1. Cayetano v.
Monsod manager, a lawyer-entrepreneur of industry, a lawyer-
201 SCRA 210
September 1991
Ponente: Paras, J.
Facts: 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 required qualification of
having been engaged in the practice of law for at least ten
years. The 1987 constitution provides in Section 1, Article
IX-C: There shall be a Commission on Elections composed of
a Chairman and six Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a
college degree, and must not have been candidates for any
elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall
be members of the Philippine Bar who have been engaged
in the practice of law for at least ten years.
Issue: Whether the respondent does not posses the
required qualification of having engaged in the practice of
law for at least ten years.
Held: In the case of Philippine Lawyers Association vs.
Agrava, stated: The practice of law is not limited to the
conduct of cases or litigation in court; it embraces the
preparation of pleadings and other papers incident to
actions and special proceeding, the management of such
actions and proceedings on behalf of clients before judges
and courts, and in addition, conveying. In general, all advice
to clients, and all action taken for them in matters
connected with the law incorporation services, assessment
and condemnation services, contemplating an appearance
before judicial body, the foreclosure of mortgage,
enforcement of a creditor’s claim in bankruptcy and
insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have
been held to constitute law practice. Practice of law means
any activity, in or out court, which requires the application
of law, legal procedure, knowledge, training and
experience.
The contention that Atty. Monsod does not posses the
required qualification of having engaged in the practice of
law for at least ten years is incorrect since Atty. Monsod’s
past work experience as a lawyer-economist, a lawyer-
negotiator of contracts, and a lawyer-legislator (E-M-E-N-L)
of both rich and the poor – verily more than satisfy the
constitutional requirement for the position of COMELEC
chairman, The respondent has been engaged in the practice
of law for at least ten years does In the view of the
foregoing, the petition is DISMISSED.
2. Article VIII Sec 5 (15)
“Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law,
the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall not diminish , increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the
Supreme Court”
3. Rule 138 (Rules of Court)
Rule 138 of the Revised Rules of Court provides for the rules
for Attorneys and Admission to the Bar.
 Note: Please refer to Basic legal ethics book P35-49
4. Lawyer’s Oath – The lawyer’s oath is not mere
facile words, drift and hollow but a sacred trust that
must be upheld and kept inviolable. It is NOT a
mere ceremony of formality for practicing law.
Every lawyer should at all times weigh his actions
according to the sworn promises he made when
taking the lawyer’s oath.
“I, do solemnly swear that I will maintain allegiance
to the Republic of the Philippines, I will support the
Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I
will do no falsehood, nor consent to the doing of
any in court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, or give
aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a
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 these
 voluntary obligations without any mental
reservation or purpose of evasion. So help me God.”
5. Preliminary Matter – CPR
6. 4 folds duties of lawyer
7. Definition of terms
a. Legal Ethics – is a branch of moral science,
which treats of the duties which an
attorney owes to the court, to the client, his
colleagues in the profession, and to the
public as embodied in the Constitution,
Rules of Court, the Code of Professional
Responsibility, Canons of Professional
Ethics, Jurisprudence, Moral laws and
special Laws.
b. Lawyer – refers to that class of persons
who, by license are officers of the court and
who are empowered to appear, prosecute
and defend (A-P-E) and on whom peculiar
duties, responsibilities and liabilities (P-R-L)
are devolved by law as a consequence;
those who have passed the regular
Philippine Bar examinations, taken the
lawyer’s oath, and signed the roll of
attorneys and thereby may practice law in
the Philippines.
c. Counsel de parte – an attorney retained by
a party litigant, usually for a fee, to
prosecute or defend his cause in court. The
term implies freedom of choice on the part
of the attorney to decline or accept the
employment on the part of the attorney to
decline or accept the employment or on the
part of the litigant to continue or terminate
the retainer at any time; usually with
compensation from the client.
d. Counsel de officio – an attorney appointed
by the court to defend an indigent
defendant in a criminal case or to represent
a destitute party in a case; it connotes little
or no choice than the acceptance by the
indigent party of whoever is appointed as
his counsel; usually minimum
compensation or none at all
e. “of counsel” – is an experienced lawyer,
who is usually is a retired member of the
judiciary, employed by lawfirms as
consultants
f. Attorney of record – an attorney whose
name together with his address is entered
in the record of the case as the designated
counsel of the party litigant in the case and
to whom judicial notices relative thereto
are sent.
g. Amicus Curiae – “friend of the court”; an
experienced and impartial attorney invited
by the court to appear and help in the
disposition of certain issues submitted to it.
h. Titulo de abogado – It means not mere
possession of the academic degree of
Bachelor of Laws but membership in the
Bar after due admission thereto, qualifying
one for the practice of law.
i. Bench – members of the judiciary
j. Bar – the legal profession. Refers to the
whole body of attorneys and body of
judges.
k. Moral turpitude – “includes everything
which is done contrary to justice, honesty,
modesty, or good morals.” (J-H-M-G) The
inherent nature of the act is such that it is
against good moral and the accepted rule
of right conduct.
l. Good moral character – as officers of the
court, lawyers must not only in fact of good
moral character but must also be seen to be
of good moral character and leading lives in
accordance with the highest moral
standards of the community. More
 specifically, a member of the Bar and officer
of the court is not only required to refrain
from adulterous relationships or the
keeping of mistresses but mist also so
behave himseld as to avoid scandalizing the
public by creating the belief that he is
flouting those moral standards.
Good Moral charater is a cointinuing
qualification required of every member of
the bar. Thus when a lawyer fails to meet
the exacting standard of moral integrity,
the SC may withdraw his or her privilege to
practice law.
m. Solicitor –
n. Advocate –the general and popular name
for lawyer who pleads on behalf of
someone else.
o. Attorney-in-fact – an agent whose
authority is strictly limited by the
instrument appointing him, though he may
fo things not mentioned in his appointment
necessary to the performance of the duties
specifically required of him by the power of
attorney appointing him, such authority
being necessarily implied. He is not
necessarily a lawyer.
p. Attorney-at-law – That class of persons
who are licensed officers of the courts,
empowered to appear, prosecute and
defend and upon peculiar duties,
responsibilities and liabilities are developed
by law as a consequence.
q. Assumpsit – (Latin, he undertook or he
promised) A promise by which someone
assumes or undertakes an obligation to
another person. The promise may be oral or
in writing, but it is not under seal. It is
express when the person making the
promise puts it into distinct and specific
language, but it may also be implied
because the law sometimes imposes
obligations based on the conduct of the
parties or the circumstances of their
dealings.
r. Immoral conduct – conduct which is so
willful, flagrant, or shameless (W-F-S) as to
show indifference to the opinion of good
and respectable members of the
community.
Furthermore, such conduct must not only
be immoral, but GROSSLY IMMORAL. That
is, it must be so corrupt as to constitute a
criminal act or so unprincipled as to be
reprehensible to a high degree or
committed under such scandalous or
revolting circumstances as to shock the
common sense of decency.
s. Ambulance chasing – is the solicitation of
almost any kind of legal business by an
attorney, personally or through an agent in
order to gain employment.
t. Atty. Lien – The right of a lawyer to hold a
client’s property or money until payment
has been made for legal aid and advice
given.
In general, a lien is a security interest used
by a creditor too ensure payment by a
debtor for money owed. Since an attorney
is ensure payment by a debtor for money
owed. Since an attorney is entitled to
payment for services performed, the
attorney has a claim on a client’s property
until compensation is duly made.
u. Sub judice rule – restricts comments and
disclosures pertaining to pending judicial
proceedings. The restriction applies not
only to participants in the pending case, to
members of the bar and the bench, and to
litigants and witnesses but also to the
public in general which necessarily includes
the media.
Comments on the merits of the case may
refer to the credibility of witnesses, the
character of the accused, the soundness of
the alibis offered, the relevance of the
evidence presented, and generally any
other comment bearing on the guilt or
innocence of the accused. The danger
posed by this class of speech is the undue
influence it may directly exert on the court
in the resolution of the criminal case, or
indirectly through the public opinion it may
generate against the accused and the
adverse impact this public opinion may
have during the trial.